[Federal Register Volume 88, Number 74 (Tuesday, April 18, 2023)]
[Proposed Rules]
[Pages 23611-23617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08179]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230411-0097]
RIN 0648-BM22


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Fishing Year 2023 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 2023 recreational 
management measures for Georges Bank cod, Gulf of Maine cod, and Gulf 
of Maine haddock. The measures are intended to ensure the recreational 
fishery achieves, but does not exceed, fishing year 2023 catch limits 
for Gulf of Maine cod and haddock, and the recreational catch target 
for Georges Bank cod.

DATES: Comments must be received by 5 p.m. EST on May 3, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0054, 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-2023-0054 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

Measures for the Gulf of Maine

    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 (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 (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 2023 recreational sub-ACL for GOM cod established by Framework 
Adjustment 63 (87 FR 42375; July 15, 2022), is 192 mt, the same as the 
2022 recreational sub-ACL. The Council included in Framework Adjustment 
65 a 610 mt recreational sub-ACL for GOM haddock. The Council-
recommended 2023 sub-ACL for GOM haddock would be reduced from 3,634 mt 
in 2022, a reduction of approximately 83 percent. This rule does not 
set sub-ACLs for any stocks; the Council recommended sub-ACLs for 
Framework Adjustment 65 will be considered in a separate rulemaking.
    Using the Council-recommended GOM cod and GOM haddock 2023 sub-ACLs 
and a peer-reviewed bio-economic model developed by NMFS's Northeast 
Fisheries Science Center that predicts fishing behavior under different 
management measures, we estimated 2023 recreational GOM cod and haddock 
removals under several combinations of minimum sizes, slot limits, 
possession limits, and closed seasons. The bio-economic 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 bio-economic 
model results suggest that measures for GOM cod can be liberalized 
slightly without the 2023 recreational fishery's sub-ACL being 
exceeded. However, the model also suggests that status quo measures for 
GOM haddock would result in catch exceeding the Council-recommended 
recreational sub-ACL. 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 
bio-economic 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. Measures that do not result in 
model-estimated removals under the sub-ACL greater than 50 percent of 
the time are generally considered unsatisfactory. The results of 
initial bio-economic model runs were shared with the Council and its 
Recreational Advisory Panel (RAP) and Groundfish Committee for review 
at their January meetings.
    The RAP and Groundfish Committee were presented with options that 
reduced the GOM haddock limit to 10 fish per angler (from 20) with 
status quo minimum size and season. These GOM haddock measures were 
combined with varying GOM cod seasons, including status quo seasons 
(April 1-14 and September 1-October 7), an extended fall season 
(September 1-October 31) with a status quo April season, and an 
extended fall season (September 1-October 31) while eliminating the 
April open season (Table 1, Option 1). Each of these measures resulted 
in catch

[[Page 23612]]

remaining below the sub-ACL for both stocks. Status quo measures for 
both stocks with a haddock limit reduced to 15 or 12 fish (from 20) 
were not presented because they resulted in catches that exceeded the 
sub-ACL for GOM haddock.
    The RAP and the Groundfish Committee both supported modifying the 
season for GOM cod, to eliminate the April open season and extend the 
fall season to include all of September and October. The Council also 
supported this approach and ultimately recommended to NMFS opening the 
GOM cod season from September 1 through October 31 with a 1-fish limit 
per angler and a 22-inch (55.9 cm) minimum size. These measures are 
expected to adequately constrain recreational catch of GOM cod based on 
bio-economic model estimates. We are proposing these Council-
recommended measures for GOM cod for fishing year 2023 (Table 1).
    For GOM haddock, the RAP was interested in exploring options that 
would allow a higher limit than the 10-fish limit options presented. 
RAP members noted that in order to preserve bookings for party and 
charter operators, a higher 15-fish bag limit would be appropriate; 
however, they acknowledged that a higher minimum size would be needed 
to offset any increase in the limit above 10-fish. As a result, the RAP 
recommended to the Groundfish Committee a 15-fish limit for GOM haddock 
with a status quo season, but an increase in the minimum size to 18 
inches (45.7 cm), or larger, if needed (from 17 inches (43.2 cm)). The 
Groundfish Committee forwarded the RAP recommendation to the Council, 
but also forwarded additional options to the Council for consideration, 
including a 15-fish limit for GOM haddock with an 18-inch (45.7 cm) 
minimum size and a closure for March and April (only March is currently 
closed to GOM haddock harvest) to further limit haddock catch if 
needed. The Committee also asked the Council to consider additional 
options including a 17-inch (43.2-cm) minimum size for GOM haddock. The 
RAP and Committee options were analyzed using the bio-economic model 
and results were presented to the Council at its January meeting.
    The Council discussed the RAP and Groundfish Committee discussion 
and recommendations regarding GOM haddock at their meeting on January 
25, 2023. The bio-economic model results showed that the RAP motion for 
a status quo GOM haddock season (March closed), a 15-fish limit, and an 
18-inch (45.7-cm) minimum size would result in catch well below the 
sub-ACL (Table 1, Option 2), with expected catch approximately 154 mt 
lower than a 10-fish limit and 17-inch (43.2-cm) minimum size. The RAP 
preferred option would also result in approximate 50 mt of additional 
dead discards due to added mortality of discarded fish under the 18-
inch (45.7-cm) minimum size. Options that would close the month of May 
would result in even further unnecessary reductions in catch of GOM 
haddock if an 18-inch (45.7-cm) minimum size were implemented. The 
model also showed that a 15-fish limit coupled with a 17-inch (43.2-cm) 
minimum size and a March and April closure would also adequately reduce 
catch, but a 15-fish limit and 17-inch (43.2-cm) minimum size with only 
March closed would not. While concerns about increasing dead discards 
with a higher 18-inch (45.7-cm) minimum size where discussed, the 
Council ultimately recommended the same measures as the RAP for GOM 
haddock: A status quo season (March closed); a 15-fish limit; and an 
18-inch (45.7-cm) minimum size (Table 1, Option 2).
    The Council-recommended measures for GOM haddock are very likely to 
result in catch below the recreational sub-ACL (Table 1, Option 2); 
however, we are concerned that the Council recommended measures are 
expected to unnecessarily constrain catch and increase dead discards of 
GOM haddock compared to other options with a 17-inch (43.2- m) minimum 
size 10-fish bag limit (Table 1, Option 1). While charter and party 
vessels may benefit from a 15-fish limit, and may be able to 
effectively target haddock over 18 inches (45.7 cm), the GOM haddock 
stock is dominated by relatively young year classes of haddock that are 
beginning to recruit to the fishery. Advisors on the RAP have suggested 
that private anglers are more likely to fish closer to shore than for-
hire vessels, and therefor may encounter fewer large haddock, which 
would be problematic under an 18-inch minimum (45.7 cm) size. Smaller 
haddock are subject to higher discard mortality, especially during the 
summer and fall months than larger haddock so an increase in discards 
would convert the majority of potential landings of haddock between 17 
and 18 inches (43.2 and 45.7 cm, respectively) into dead discards. 
While the bio-economic model cannot currently be used to specifically 
evaluate mode-based measures, the model results suggest that an overall 
10-fish limit at 17 inches (43.2 cm) (Table 1, Option 1) would result 
in higher landings, lower dead discards, more fishing trips, and higher 
angler satisfaction compared to a 15-fish limit with an 18-inch (45.7 
cm) minimum size (Table 1, Option 2), with a very small increase in the 
risk of exceeding the recreational sub-ACL. Additionally, while a 15-
fish limit may result in higher bookings for party and charter vessels, 
data show that only a small proportion of anglers or trips actually 
harvest 10 or more haddock per angler; increasing the minimum size from 
17 to 18 inches (43.2 and 45.7 cm, respectively) is expected to further 
reduce the number of haddock harvested per angler. In fishing year 
2022, the average number of haddock harvested on angler trips targeting 
cod or haddock was just 2.3 haddock per angler, 3.6 per angler on for-
hire trips, and 2.2 per angler on private trips.
    As a result of these concerns, we are proposing to implement the 
Council-recommended measures for the for-hire angling mode (March 
closure, 15-fish limit, 18-inch (45.7 cm) minimum size) but proposing 
alternative measures for the private angling mode. We are proposing to 
implement a status quo season (March closure), a 10-fish limit, and a 
17-inch (43.2 cm) minimum size for the private angling mode (Table 1, 
Option 3). These mode-based measures are intended to balance the 
different needs of the for-hire mode and the private mode, where a 
larger bag limit may be helpful to encourage for-hire bookings. In 
addition to the proposed measures, we are also soliciting public 
comment on the Council-recommended measures (Table 1, Option 2), and an 
additional option originally presented to the RAP and Groundfish 
Committee that also retains the status quo season and minimum size (17 
inches (43.2 cm)) for GOM haddock but would establish a 10-fish limit 
for both the for-hire and private mode (Table 1, Option 1). We are 
especially interested in public comments that would allow us to better 
evaluate the potential tradeoffs between a 10-fish limit with a 17-inch 
(43.2 cm) minimum size and a 15-fish limit with an 18-inch (45.7 cm) 
minimum size, including angler preferences for haddock size and bag 
limits, and considerations when booking for-hire trips.

[[Page 23613]]



   Table 1--Summary of Gulf of Maine Status Quo Measures, Measures for Comment, and Proposed Measures, With Model Estimates of Catch and the Probability of Catch Remaining Below the Sub-ACLs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       GOM Haddock                                                                         GOM Cod
                             -------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Private                                       %
                                For hire     Private      For hire      angler                                  Simulations                 Minimum                                       %
                               possession     angler      minimum      minimum      Open season     Predicted      under      Possession  size inches    Open season     Predicted   Simulations
                                 limit      possession  size inches  size inches                   catch  (mt)  Haddock sub-    limit         (cm)                         catch      under cod
                                              limit         (cm)         (cm)                                       ACL                                                                sub-ACL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Status Quo Measures.........             20
                                      17 (43.2)              May 1-          644  17.............            1    22 (55.9)  September 1-         159  96.............
                                                           February                                                           October 7,
                                                        28, April 1-                                                          April 1-14
                                                                 30
                             ----------------------------------------------------
Option 1--Presented to RAP..             10
                                      17 (43.2)         ...........          577  95.............  ...........  ...........  September 1-         160  95.............
                                                                                                                              October 31
                             ----------------------------------------------------
Option 2--Council                        15
 Recommended Measures.
                                      18 (45.7)         ...........          473  100............  ...........  ...........  ...........          150  99.............
                             ----------------------------------------------------
Option 3--NMFS Proposed                15           10    18 (45.7)    17 (43.2)  ...............          549         NA *  ...........  ...........  ...............         NA *         NA *
 Measures.
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* The bio-economic model does not currently support review of mode-based measures so estimates are not available. Predicted performance of Option 3 falls between performance of Option 1 and
  Option 2.


[[Page 23614]]

Measures for the Georges Bank Cod

    Similar to the recreational fishery for GOM cod and haddock, GB cod 
is managed under the Northeast Multispecies FMP and the fishing year 
starts on May 1 and runs through April 30 of the following calendar 
year. Unlike GOM cod and haddock the FMP does not set a sub-ACL for the 
recreational fishery each fishing year for GB cod. Instead, the Council 
establishes a recreational annual catch target for GB cod. The catch 
target is not an allocation or sub-ACL but sets an expectation for 
recreational catch for the fishing year for management purposes that is 
not expected to result in an overage of the overall GB cod ACL. After 
considering a number of catch target options, the Council recommended a 
catch target of 113 mt in Framework Adjustment 65, which will be 
considered in a separate rulemaking.
    The FMP provides a process for the Regional Administrator, in 
consultation with the Council, to develop recreational management 
measures for GB cod for fishing years 2023 and 2024 to prevent the 
recreational fishery from exceeding the annual recreational catch 
target for GB. The provisions governing this authority can be found in 
the FMP's implementing regulations at 50 CFR 648.89(g).
    Unlike GOM cod and haddock, there is not currently a peer-reviewed 
bio-economic model available to evaluate the potential impacts of 
various recreational measures for GB cod. Instead, the RAP, Groundfish 
Committee, and Council were presented with catch data from recent 
fishing years and a projection of fishing year 2022 expected catch. 
Measures were then evaluated based on estimates of the percent 
reduction in catch from the fishing year 2022 projection. The 2022 
catch projection is 218 mt, so a harvest reduction of approximately 48 
percent would be required to remain below the Council recommended catch 
target of 113 mt in fishing year 2023.
    Current measures for GB cod include a closed season from May 1 
through July 31, a 5-fish limit, and a slot limit with a 22-inch (55.9 
cm) minimum size and a 28-inch (71.1 cm) maximum size (Table 2). These 
measures where implemented as part of Framework Adjustment 63 on July 
15, 2022 (87 FR 42375; July 15, 2022), so they were not in place for 
the full fishing year in 2022. If status quo measures were in place for 
the full fishing year in 2023, a landings reduction of about 28 percent 
would be expected if all states implemented complementary measures 
based on catch during periods when status quo measures would close the 
fishery in 2023. In fishing year 2022 two states with significant GB 
cod catch, New York and New Jersey, did not implement complementary 
state measures. Should any state, particularly those with significant 
GB cod catch, not implement complementary state measures in 2023, this 
may lead to regulatory confusion, as federally-permitted for-hire 
vessels and all vessels fishing in Federal waters must comply with 
Federal regulations but for hire vessels not holding a Federal 
multispecies permit and private recreational vessels fishing 
exclusively in state waters would be subject to state regulations only.
    The Council discussed alternative options to further reduce GB cod 
catch including increases to the minimum size with and without a 
maximum size limit. The Council also looked at potential modifications 
to the open season to further reduce catch. The Council ultimately 
recommended eliminating the maximum size limit (slot), increasing the 
minimum size from 22 to 23 inches (55.9 to 58.4 cm, respectively), and 
shifting the closed season back 1 month to close June, July, and August 
instead of May, June, and July (Table 2). The Council-recommended 
measures are expected to reduce catch approximately 48 percent from 
fishing year 2022 to 2023 (Table 2).
    We are proposing to implement the Council's recommended 
recreational measures for GB cod for fishing year 2023 (Table 2). Based 
on a review of recent catch data these measures are expected to 
adequately constrain total catch to the Council-recommended catch 
target. While there is uncertainty as to whether the states of New York 
and New Jersey will implement complementary measures in their state 
waters for GB cod, Council and NMFS staff are working with both states 
to encourage adoption of complementary measures. We will also conduct 
outreach to the recreational communities in all affected states 
regarding Federal measures for GB cod, which is expected to increase 
awareness of Federal measures, reduce regulatory confusion among 
anglers, and increase the effectiveness of proposed measures.

                                      Table 2--Summary of the Status Quo and Proposed Measures for Georges Bank Cod
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                                                                                             GB Cod
                                      ------------------------------------------------------------------------------------------------------------------
                                                                                                                                             Expected
                                         Possession     Minimum size    Maximum size          Open season             Closed season          reduction
                                            limit        inches (cm)     inches (cm)                                                         (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Status Quo Measures..................               5       22 (55.9)       28 (71.1)  August 1-April 30.......  May 1-July 31..........              NA
Council Recommended and NMFS Proposed  ..............       23 (58.4)              NA  May 1-31, September 1-    June 1-August 31.......              48
 Measures.                                                                              April 30.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Classification

    NMFS is issuing this proposed rule pursuant to section 305(d) of 
the Magnuson-Stevens Act. The reason for using this regulatory 
authority is: In a previous action taken pursuant to section 304(b), 
the Council designed the FMP to authorize NMFS to take this action 
pursuant to MSA section 305(d). See 50 CFR 648.89(f)(3) and (g). The 
NMFS Assistant Administrator has determined that this proposed rule is 
consistent with the Northeast Multispecies FMP and other applicable 
law, subject to further consideration after public comment.
    Due to timing constraints resulting from the Council-recommend 
measures being finalized on January 25, 2023, NMFS is providing a 15-
day comment period. This rulemaking proposes modifications to 
management measures for GOM cod and haddock and GB cod under existing 
NMFS authority to implement annual recreational fishing measures, in 
consultation with the Council. The Northeast multispecies fishing year 
begins on May 1 of each year and continues through April 30 of the 
following calendar year. 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 result in 
significant regulatory confusion for the industry and has the potential 
to negatively impact for-hire fishing business operations and bookings. 
Delayed

[[Page 23615]]

implementation of measures may diminish the intended impact and 
increase the uncertainty of outcomes of measures and may potentially 
result in overages or overfishing. For GOM haddock, less restrictive 
status quo measures would remain in effect past May 1, 2023, increasing 
catch above the levels predicted in the bio-economic model and raising 
the likelihood of an overage. For GOM cod, a delay in implementation of 
regulations expanding the fall season may result in reduced or delayed 
booking for for-hire vessels during that season. For GB cod a delay in 
implementation past May 1 would result in the fishery remaining closed 
during a time when the Council has recommended it be opened, and 
creating significant regulatory confusion. The intended performance of 
Federal recreational measures also depends on the implementation of 
complementary state-waters measures by partner states. Delaying a final 
rule to allow more time for public comment may also impact the ability 
of states to implement complementary measures in a timely fashion, 
increasing regulatory confusion among industry, negatively impacting 
for-hire bookings and introducing significant uncertainty into the 
performance of recreational measures. This rulemaking proposes changes 
that fall within the range of options discussed during a series of 
public meetings. While not currently in place, in recent years mode-
based measures have been implemented in the GOM. Changes to 
recreational measures follow a yearly process that is familiar to and 
anticipated by fishery participants. Affected and other interested 
parties have already had opportunity to participate the Council's 
process to develop this action, which provided extensive opportunity to 
comment about potential 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 RFA 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 $11.0 million for all its affiliated 
operations worldwide. A small for-hire recreational fishing business is 
defined as a firm with receipts of up to $8.0 million. Having different 
size standards for different types of fishing activities creates 
difficulties in categorizing businesses that participate in multiple 
fishing related activities. For purposes of this assessment, business 
entities have been classified into the SBA-defined categories based on 
which activity produced the highest percentage of average annual gross 
revenues from 2019-2021, the most recent 3-year period for which data 
are available. This classification is now possible because vessel 
ownership data are included in the Northeast permit database. The 
ownership data identify all individuals who own fishing vessels. Using 
this information, vessels can be grouped together according to common 
owners. Each of the resulting groups was treated as a single 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 Regulatory Flexibility Act (RFA).
    For-hire fishing businesses are required to obtain a Federal 
charter/party Northeast multispecies fishing permit in order to carry 
passengers to catch Northeast multispecies including cod and haddock. 
Limited access permit holders may also take passengers for-hire but are 
not allowed to hold any open access permits. Thus, the affected 
businesses entities of concern are businesses that hold Federal 
Northeast 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., report catch, 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 
2023. The Northeast Federal landings database (i.e., vessel trip report 
data) indicates that a total of 610 vessels held a Northeast 
multispecies for-hire fishing permit in 2021 (the most recent full year 
of available data). Of the 610 for-hire permitted vessels, only 140 
actively participated in the for-hire Atlantic cod and haddock fishery 
in fishing year 2021 (i.e., reported catch of cod or haddock). We used 
these participants to analyze the potential economic impact of these 
regulations.
    Using vessel ownership information and vessel trip report data, it 
was determined that the 140 for-hire vessels actively participating in 
the fishery are owned by 127 unique fishing business entities. The vast 
majority of the 127 fishing businesses were solely engaged in for-hire 
fishing, but some also earned revenue from commercial shellfish and/or 
finfish fishing. The highest percentage of annual gross revenues for 
all but 12 of the fishing businesses was from for-hire fishing.
    Average annual gross revenue estimates calculated from the most 
recent 3 years (2019-2021) indicate that none of the 127 fishing 
business entities had annual receipts of more than $8.0 million from 
all of their fishing activities (for-hire, shellfish, and finfish). 
Therefore, all of 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 expected to have a 
mixed effect on small entities because they are expected to increase 
opportunities to harvest GOM cod and reduce opportunities to harvest GB 
cod and GOM haddock, compared to status quo measures. The proposed 
measures balance the needs of private and for-hire anglers by providing 
a higher GOM haddock bag limit for for-hire to encourage bookings and 
offset the potential impact of reduction in overall harvest. This 
action is not expected to have a significant or substantial effect on 
small entities. Under the proposed action, small entities would not be 
placed at a competitive disadvantage relative to large entities, and 
the regulations would not substantially reduce profit for any small 
entities. Based on these conclusions, 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.

[[Page 23616]]

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: April 11, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 648 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) * * *

                                           Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
                                    Charter/party     Private minimum size              Maximum size
                                    minimum size     -----------------------------------------------------------
            Species            ----------------------
                                  Inches       cm       Inches       cm           Inches               cm
----------------------------------------------------------------------------------------------------------------
Cod:
    Inside GOM Regulated Mesh          22       55.9         22       55.9  N/A..............  N/A.
     Area \1\.
    Outside GOM Regulated Mesh         23       58.4         23       58.4  N/A..............  N/A.
     Area \1\.
Haddock:
    Inside GOM Regulated Mesh          18       45.7         17       43.2  N/A..............  N/A.
     Area \1\.
    Outside GOM Regulated Mesh         18       45.7         18       45.7  N/A..............  N/A.
     Area \1\.
Pollock.......................         19       48.3         19       48.3  N/A..............  N/A.
Witch Flounder (gray sole)....         14       35.6         14       35.6  N/A..............  N/A.
Yellowtail Flounder...........         13       33.0         13       33.0  N/A..............  N/A.
American Plaice (dab).........         14       35.6         14       35.6  N/A..............  N/A.
Atlantic Halibut..............         41      104.1         41      104.1  N/A..............  N/A.
Winter Flounder (black back)..         12       30.5         12       30.5  N/A..............  N/A.
Redfish.......................          9       22.9          9       22.9  N/A..............  N/A.
----------------------------------------------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec.   648.80(a).

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

                                         Table 2 to Paragraph (c)(1)(i)
----------------------------------------------------------------------------------------------------------------
               Stock                       Open season             Possession limit            Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod.............................  September 1-April 30;   5..........................  June 1-August 31.
                                      May 1-31.
GOM Cod............................  September 1-October 31  1..........................  May 1-August 31;
                                                                                           November 1-April 30.
GB Haddock.........................  All Year..............  Unlimited..................  N/A.
GOM Haddock........................  May 1-February 28 (or   10.........................  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.
                                    ----------------------------------------------------------------------------
Atlantic Halibut...................                             See paragraph (c)(3).
                                    ----------------------------------------------------------------------------
Atlantic Wolffish..................  CLOSED................  No retention...............  All Year.
----------------------------------------------------------------------------------------------------------------

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    (2) * * *

[[Page 23617]]



                                           Table 3 to Paragraph (c)(2)
----------------------------------------------------------------------------------------------------------------
               Stock                       Open season             Possession limit            Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod.............................  September 1-April 30;   5..........................  June 1-August 31.
                                      May 1-31.
GOM Cod............................  September 1-October 31  1..........................  May 1-August 31;
                                                                                           November 1-April 30.
GB Haddock.........................  All Year..............  Unlimited..................  N/A.
GOM Haddock........................  May 1-February 28 (or   15.........................  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.
                                    ----------------------------------------------------------------------------
Atlantic Halibut...................                             See Paragraph (c)(3).
                                    ----------------------------------------------------------------------------
Atlantic Wolffish..................  CLOSED................  No retention...............  All Year.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-08179 Filed 4-17-23; 8:45 am]
BILLING CODE 3510-22-P