[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Proposed Rules]
[Pages 34810-34821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11494]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230524-0138]
RIN 0648-BL95


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 65

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 action proposes to approve and implement Framework 
Adjustment 65 to the Northeast Multispecies Fishery Management Plan. 
This rule proposes to revise the rebuilding plan for Gulf of Maine cod, 
set catch limits for 16 of the 20 multispecies (groundfish) stocks, and 
make a temporary modification to the accountability measures for 
Georges Bank cod. This action also corrects erroneous regulations and 
removes outdated regulations. This action is necessary to respond to 
updated scientific information and to achieve the goals and objectives 
of the fishery management plan. The proposed measures are intended to 
help prevent overfishing, rebuild overfished stocks, achieve optimum 
yield, and ensure that management measures are based on the best 
scientific information available.

DATES: Comments must be received by 5 p.m. EST on June 15, 2023.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2023-0021, 
by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2023-0021 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. 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. You may submit anonymous 
comments by entering ``N/A'' in the required fields if you wish to 
remain anonymous.
    Copies of Framework Adjustment 65, including the draft 
Environmental Assessment, the Regulatory Impact Review, and the 
Regulatory Flexibility Act Analysis prepared by the New England Fishery 
Management Council in support of this action, are available from Thomas 
A. Nies, Executive Director, New England Fishery Management Council, 50 
Water Street, Mill 2, Newburyport, MA 01950. The supporting documents 
are also accessible via the internet at: http://www.nefmc.org/management-plans/northeast-multispecies or http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Policy Analyst, 
phone: 978-282-8493; email: [email protected].

SUPPLEMENTARY INFORMATION:

Summary of Proposed Measures

    This action would implement the management measures in Framework 
Adjustment 65 to the Northeast Multispecies Fishery Management Plan 
(FMP). The New England Fishery Management Council reviewed the proposed 
regulations and deemed them consistent with, and necessary to 
implement, Framework 65 in a May 4, 2023, letter from Council Chairman 
Eric Reid to Regional Administrator Michael Pentony. Under the 
Magnuson-Stevens Act, on behalf of the Secretary of Commerce, the 
Greater Atlantic Regional Fisheries Office's Regional Administrator 
approves, disapproves, or partially approves measures that the Council 
proposes, based on consistency with the Act and other applicable law. 
NMFS reviews proposed regulations for consistency with the fishery 
management plan, plan amendment, the Magnuson-Stevens Act and other 
applicable law. The Regional Administrator is seeking comments on these 
proposed regulations and intends to promulgate the final regulations 
after careful consideration of any submitted comments. Through 
Framework 65, the Council proposes to:
     Revise the rebuilding plan for Gulf of Maine (GOM) cod;
     Set shared U.S./Canada quotas for Georges Bank (GB) 
yellowtail flounder and eastern GB cod and haddock for fishing years 
2023 and 2024;
     Set specifications, including catch limits for 16 
groundfish stocks: GB haddock, GOM haddock, Southern New England/Mid-
Atlantic (SNE/MA) yellowtail flounder, Cape Cod (CC)/GOM yellowtail 
flounder, American plaice, witch flounder, GB winter flounder, GOM 
winter flounder, SNE/MA winter flounder, pollock, ocean pout, Atlantic 
halibut, and Atlantic wolffish for fishing years 2023-2025, GB cod and 
GB yellowtail flounder for fishing years 2023-2024; and white hake for 
fishing year 2023;
     Remove the management uncertainty buffer for sectors for 
GOM haddock and white hake, if the at-sea monitoring (ASM) target 
coverage level is set at 90 percent or greater for the 2023 fishing 
year only; and
     Make a temporary modification to the accountability 
measures (AM) for GB cod.
    This action also proposes regulatory corrections that are not part 
of Framework 65, but that may be considered and implemented under 
section 305(d) authority in the Magnuson-Stevens Act to make changes 
necessary to carry out the FMP. NMFS is proposing these corrections in 
conjunction with the Framework 65 proposed measures for expediency 
purposes. These proposed corrections are described in Regulatory 
Corrections under Secretarial Authority.

Rebuilding Plan for Gulf of Maine Cod

    Framework 65 would revise the rebuilding plan for GOM cod. The 
current rebuilding plan for GOM cod, as implemented by Framework 51 to 
the FMP (79 FR 22421, April 22, 2014), has a target date of 2024. On 
August 13, 2021, the Regional Administrator notified the Council that 
the stock was not making adequate rebuilding progress. The deadline to 
implement a rebuilding plan is August 13, 2023.
    The Magnuson-Stevens Act requires that overfished stocks be rebuilt 
as quickly as possible, not to exceed 10 years when biologically 
possible, accounting for the status and biology of the stocks, the 
needs of fishing communities, and the interaction of the overfished 
stock within the marine ecosystem. Rebuilding plans must have at least 
a 50-percent probability of success. Selection of a rebuilding plan 
with a higher probability of success is one way of addressing 
uncertainty, but this does not affect the standard used in the future 
to determine whether a stock is rebuilt. The minimum rebuilding time

[[Page 34811]]

(Tmin) is the amount of time a stock is expected to take to 
rebuild to the biomass (B) associated with maximum sustainable yield 
(MSY) in the absence of any fishing mortality (F). The actual timeline 
set with a rebuilding plan (Ttarget) may be greater than 
Tmin, but cannot exceed the maximum rebuilding time 
(Tmax). Tmax is 10 years if Tmin is 
less than 10 years. In situations where Tmin exceeds 10 
years, Tmax establishes a maximum time for rebuilding that 
is linked to the biology of the stock.
    The GOM cod rebuilding program proposed in this action would 
rebuild the stock within 10 years, or by 2033, which is the maximum 
time period allowed by the Magnuson-Stevens Act. Projections suggest 
the stock could rebuild in 7 years at an F of zero. Fishing mortality 
of zero for GOM cod is currently technologically and economically 
impracticable given available gear, fishing methods, fishery management 
capability, and the multispecies nature of the commercial and 
recreational fishery. In addition to these factors, other biological 
and economic factors were identified and considered by the Council in 
setting Ttarget = Tmax. First, recent recruitment 
estimates for this stock have been below average, and recruitment may 
be lower than assumed in the rebuilding projections, making the 
Tmin projections (7 years at F = 0) likely to be overly 
optimistic. There is uncertainty around the stock's natural mortality, 
and under one of the two approved models (M-ramp, M=0.4), the stock 
cannot rebuild in the rebuilding projections. Long-term projections for 
many groundfish stocks have tended to be overly optimistic, such that 
future levels of biomass are overestimated and fishing mortality is 
underestimated. Additionally, recent commercial utilization of the GOM 
cod annual catch limit (ACL) is high, indicating that the stock is an 
important component of the fishing industry; a longer rebuilding period 
considers the needs of the fishing communities as much as practicable. 
The proposed rebuilding plan for GOM cod would set Frebuild 
at 60 percent of FMSY with a 70-percent probability of 
achieving BMSY under the M=0.2 model.
    As part of the revised rebuilding plan for GOM cod, we propose to 
remove regulations at 50 CFR 648.90(a)(2)(iv), which include a review 
process for the rebuilding plans for GOM cod and American plaice. The 
revised rebuilding plan for GOM cod does not contain this Council 
review process, but is still subject to Secretarial review for 
determining adequate rebuilding progress. As of 2019, American plaice 
is rebuilt and no longer in a rebuilding plan, making this regulation 
unnecessary.

Fishing Years 2023 and 2024 Shared U.S./Canada Quotas

Management of Transboundary Georges Bank Stocks

    Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are 
jointly managed with Canada under the United States/Canada Resource 
Sharing Understanding. The Transboundary Management Guidance Committee 
(TMGC) is a government-industry committee made up of representatives 
from the United States and Canada. For historical information about the 
TMGC see: http://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php. 
Each year, the TMGC recommends a shared quota for each stock based on 
the most recent stock information and the TMGC's harvest strategy. The 
TMGC's harvest strategy for setting catch levels is to maintain a low 
to neutral risk (less than 50 percent) of exceeding the fishing 
mortality limit for each stock. The harvest strategy also specifies 
that when stock conditions are poor, fishing mortality should be 
further reduced to promote stock rebuilding. The shared quotas are 
allocated between the United States and Canada based on a formula that 
considers historical catch (10-percent weighting) and the current 
resource distribution (90-percent weighting).
    For GB yellowtail flounder, the Council's Scientific and 
Statistical Committee (SSC) also recommends an acceptable biological 
catch (ABC) for the stock. The ABC is typically used to inform the U.S. 
TMGC's discussions with Canada for the annual shared quota. Although 
the stock is jointly managed with Canada, and the TMGC recommends 
annual shared quotas, the Council may not set catch limits that would 
exceed the SSC's recommendation. The SSC does not recommend ABCs for 
eastern GB cod and haddock because they are management units of the 
total GB cod and haddock stocks. The SSC recommends overall ABCs for 
the total GB cod and haddock stocks. The shared U.S./Canada quota for 
eastern GB cod and haddock is included in these overall ABCs, and must 
be consistent with the SSC's recommendation for the total GB stocks.

2023 and 2024 U.S./Canada Quotas

    The Transboundary Resources Assessment Committee assessed the three 
transboundary stocks in July 2022, and detailed summaries of these 
assessments can be found at: https://www.nefsc.noaa.gov/assessments/trac/. The TMGC met in September 2022 to recommend shared quotas for 
2023 based on the updated assessments, and made recommendations for 
eastern GB cod and GB yellowtail flounder. The Council adopted the 
TMGC's recommendations in Framework 65. The TMGC was unable to reach 
consensus on the most appropriate combined Canada/U.S. quota for 
eastern GB haddock. Instead, the Council selected a U.S. quota based on 
the shared quota supported by the U.S. delegation and the established 
method of determining the allocation for each country (42 percent of 
3,619 mt), and supported using 2,320 mt as an estimate of possible 
Canadian catch.
    Framework 65 proposes to set the same shared quotas for a second 
year (i.e., for fishing year 2024) as placeholders, with the 
expectation that those quotas will be reviewed annually and new 
recommendations will be received from the TMGC. The proposed 2023 and 
2024 shared U.S./Canada quotas, and each country's allocation, are 
listed in Table 1.

     Table 1--Proposed 2023 and 2024 Fishing Years U.S./Canada Quotas (mt, live weight) and Percent of Quota
                                            Allocated to Each Country
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                Quota                       Eastern GB cod         Eastern GB haddock     GB Yellowtail flounder
----------------------------------------------------------------------------------------------------------------
Total Shared Quota...................  520....................  No agreement...........  200.
U.S. Quota...........................  135 (26 percent).......  1,520..................  106 (53 percent).
Canadian Quota.......................  385 (74 percent).......  2,320 (estimate).......  94 (47 percent).
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[[Page 34812]]

    The proposed 2023 U.S. quotas for the three shared stocks represent 
decreases compared to 2022: Eastern GB cod by 15.6 percent, eastern GB 
haddock by 77 percent, and GB yellowtail flounder by 13 percent. For a 
more detailed discussion of the TMGC's 2023 catch advice, including a 
description of each country's quota share, see the TMGC's guidance 
document that will be posted at: https://www.greateratlantic.fisheries.noaa.gov/.
    The regulations implementing the U.S./Canada Resource Sharing 
Understanding require deducting any overages of the U.S. quota for 
eastern GB cod, eastern GB haddock, or GB yellowtail flounder from the 
U.S. quota in the following fishing year. If catch information for the 
2022 fishing year indicates that the U.S. fishery exceeded its quota 
for any of the shared stocks, we will reduce the respective U.S. quotas 
for the 2023 fishing year in a future management action, as close to 
May 1, 2023, as possible. If any fishery that is allocated a portion of 
the U.S. quota exceeds its allocation and causes an overage of the 
overall U.S. quota, the overage reduction would be applied only to that 
fishery's allocation in the following fishing year. This ensures that 
catch by one component of the overall fishery does not negatively 
affect another component of the overall fishery.

Catch Limits for Fishing Years 2023-2025

Summary of the Proposed Catch Limits

    Tables 2 through 11 show the proposed catch limits for the 2023-
2025 fishing years. A brief summary of how these catch limits were 
developed is provided below. More details on the proposed catch limits 
for each groundfish stock can be found in Appendix II (Calculation of 
Northeast Multispecies Annual Catch Limits, FY 2023-FY 2025) to the 
Framework 65 Environmental Assessment (see ADDRESSES for information on 
how to get this document).
    Through Framework 65, the Council proposes to adopt catch limits 
for 13 stocks for the 2023-2025 fishing years and for white hake for 
the 2023 fishing year, based on stock assessments completed in 2022, 
and catch limits for GB cod and GB yellowtail flounder for fishing 
years 2023-2024. Framework 61 (86 FR 40353, July 28, 2021) previously 
set 2023 quotas for redfish, northern windowpane flounder, and southern 
windowpane flounder based on assessments conducted in 2020, and those 
would remain in place. Framework 63 (87 FR 42375, July 15, 2022) 
previously set the 2023-2024 quota for GOM cod, based on an assessment 
conducted in 2021, and that would also remain in place. Table 2 
provides an overview of which catch limits, if any, would change, as 
proposed in Framework 65, as well as when the stock was most recently 
assessed. Table 3 provides the percent change in the 2023 catch limit 
compared to the 2022 fishing year.

      Table 2--Changes to Catch Limits, as Proposed in Framework 65
------------------------------------------------------------------------
                                   Most recent      Proposed change in
             Stock                 assessment          framework 65
------------------------------------------------------------------------
GB Cod.........................            2021  New 2023-2024 ABC.
GOM Cod........................            2021  Adjust sub-components,
                                                  2023-2024 catch limit
                                                  set by Framework 63.
GB Haddock.....................            2022  New 2023-2025 ABC.
GOM Haddock....................            2022  New 2023-2025 ABC.
GB Yellowtail Flounder.........            2022  New 2023-2024 ABC.
SNE/MA Yellowtail Flounder.....            2022  New 2023-2025 ABC.
CC/GOM Yellowtail Flounder.....            2022  New 2023-2025 ABC.
American Plaice................            2022  New 2023-2025 ABC.
Witch Flounder.................            2022  New 2023-2025 ABC.
GB Winter Flounder.............            2022  New 2023-2025 ABC.
GOM Winter Flounder............            2022  New 2023-2025 ABC.
SNE/MA Winter Flounder.........            2022  New 2023-2025 ABC.
Redfish........................            2020  No change: 2023 catch
                                                  limit set by Framework
                                                  61.
White Hake.....................            2022  New 2023 ABC.
Pollock........................            2022  New 2023-2025 ABC.
N. Windowpane Flounder.........            2020  Adjust sub-components,
                                                  2023 catch limit set
                                                  by Framework 61.
S. Windowpane Flounder.........            2020  Adjust sub-components,
                                                  2023 catch limit set
                                                  by Framework 61.
Ocean Pout.....................            2022  New 2023-2025 ABC.
Atlantic Halibut...............            2022  New 2023-2025 ABC.
Atlantic Wolffish..............            2022  New 2023-2025 ABC.
------------------------------------------------------------------------
N = Northern; S = Southern


                             Table 3--Proposed Fishing Years 2023-2025 Overfishing Limits and Acceptable Biological Catches
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         2023              Percent              2024                      2025
                            Stock                             -------------------------- change from ---------------------------------------------------
                                                                   OFL        U.S. ABC       2022         OFL        U.S. ABC       OFL        U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.......................................................          UNK          519           51          UNK          519  ...........  ...........
GOM Cod......................................................          853          551            0          980          551  ...........  ...........
GB Haddock...................................................       18,482       11,901          -85       17,768       11,638       15,096        9,962
GOM Haddock..................................................        2,515        1,936          -83        2,655        2,038        2,627        2,017
GB Yellowtail Flounder.......................................          UNK          106          -13          UNK          106  ...........  ...........
SNE/MA Yellowtail Flounder...................................           55           40           82           89           40          345           40
CC/GOM Yellowtail Flounder...................................        1,436        1,115           35        1,279          992        1,184          915
American Plaice..............................................        7,316        5,699          102        7,091        5,520        6,763        5,270
Witch Flounder...............................................          UNK        1,256          -15          UNK        1,256          UNK        1,256
GB Winter Flounder...........................................        2,361        1,702          180        2,153        1,549        2,100        1,490

[[Page 34813]]

 
GOM Winter Flounder..........................................        1,072          804           62        1,072          804        1,072          804
SNE/MA Winter Flounder.......................................        1,186          627           38        1,425          627        1,536          627
Redfish......................................................       13,229        9,967           -1  ...........  ...........  ...........  ...........
White Hake...................................................        2,650        1,845          -13  ...........  ...........  ...........  ...........
Pollock......................................................       19,617       15,016          -11       18,208       13,940       17,384       13,294
N. Windowpane Flounder.......................................          UNK          160            0  ...........  ...........  ...........  ...........
S. Windowpane Flounder.......................................          513          384            0  ...........  ...........  ...........  ...........
Ocean Pout...................................................          125           87            0          125           87          125           87
Atlantic Halibut.............................................          UNK           86          -15          UNK           86          UNK           86
Atlantic Wolffish............................................          124           93            1          124           93          124           93
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UNK = Unknown
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits would be set in a future action.

Overfishing Limits and Acceptable Biological Catches

    The overfishing limit (OFL) is calculated to set the maximum amount 
of fish that can be caught in a year, without constituting overfishing. 
The ABC is typically set lower than the OFL to account for scientific 
uncertainty. For GB cod, GB haddock, and GB yellowtail flounder, the 
total ABC is reduced by the amount of the Canadian quota (see Table 1 
for the Canadian and U.S. shares of these stocks). Although the TMGC 
recommendations were only for fishing year 2023, the portion of the 
shared quota that would be allocated to Canada (or assumed for Canada, 
in the case of GB haddock) in fishing year 2023 was used to project the 
U.S. portions of the ABCs for these three stocks for 2024. This avoids 
artificially inflating the U.S. ABC up to the total ABC for the 2024 
fishing year. The TMGC will make new recommendations for 2024, which 
would replace any quotas for these stocks set in this action. 
Additionally, although GB winter flounder, white hake, and Atlantic 
halibut are not jointly managed with Canada, there is some Canadian 
catch of these stocks. Because the total ABC must account for all 
sources of fishing mortality, expected Canadian catch of GB winter 
flounder (38 mt), white hake (52 mt), and Atlantic halibut (74 mt) is 
deducted from the total ABC. The U.S. ABC is the amount available to 
the U.S. fishery after accounting for Canadian catch (see Table 3). For 
stocks without Canadian catch, the U.S. ABC is equal to the total ABC.
    The OFLs are currently unknown for GB cod, GB yellowtail flounder, 
witch flounder, northern windowpane flounder, and Atlantic halibut. For 
2023, the SSC recommended maintaining the unknown OFL for GB cod, GB 
yellowtail flounder, witch flounder, and Atlantic halibut. Empirical 
stock assessments are used for these five stocks, and these assessments 
can no longer provide quantitative estimates of the status 
determination criteria, nor were appropriate proxies for stock status 
determination able to be developed. In the temporary absence of an OFL, 
in this and previous actions, we have considered recent catch data and 
estimated trends in stock biomass as an indication that the catch 
limits derived from ABCs are sufficiently managing fishing mortality at 
a rate that is preventing overfishing. The SSC recommended setting the 
GB cod ABC based on an average between the output of the iSmooth 
(previously referred to as ``PlanBsmooth'') approach and the total 
calendar year catch from 2020, which results in an increase 
(approximately 20 percent) from the previously set ABC value. Despite 
this increase, the SSC states that its recommendation is intended to 
support stock rebuilding by maintaining low catches relative to 
historic levels. The SSC noted that the fishing mortality in the GB 
yellowtail flounder fishery does not appear to be limiting stock 
recovery. However, the continued low stock biomass and poor recruitment 
for this stock warrant maintaining low catch levels. For witch 
flounder, the SSC supported the continued use of the swept-area biomass 
average and fixed harvest fraction for setting the ABC, noting that the 
target harvest fraction is low relative to the historic harvest 
fraction for this stock and that the recommended ABC for witch flounder 
is not likely to result in overfishing. While the catch multiplier for 
Atlantic halibut remains below 1 for the last four years, despite 
reductions in ABC advice, the SSC highlighted the uncertainty of 
Canadian catch estimates and stated that the recommended ABC is not 
likely to result in overfishing. For each of these stocks, the Council 
has relied on the SSC to provide advice on the likelihood of preventing 
overfishing and promoting rebuilding under the proposed ABCs. Based on 
these considerations, we have preliminarily determined that these ABCs 
are a sufficient limit for preventing overfishing and are consistent 
with the National Standards. This action does not propose any changes 
to the status determination criteria for these stocks.
    Subsequent to submitting Framework 65 to NMFS for review and 
rulemaking, at its April meeting the New England Council made a new 
request for NMFS to implement an emergency rule under section 305(c) of 
the Magnuson-Stevens Act to increase the ABC for GOM haddock based on 
concerns regarding the economic impacts of the low quota proposed in 
this action. We are considering this separately from Framework 65, and 
therefore it is not discussed further here.

ABC for Georges Bank Cod

    The GB cod 2021 management track assessment followed the iSmooth 
approach, using updated commercial fishery catch data through calendar 
year 2020 and updated research survey indices of abundance through 
2021. In Framework 63, the Council decided to set the GB cod ABC at 754 
mt for only one year (fishing year 2022), requiring the Council to make 
a new recommendation for fishing years 2023 and 2024 in the current 
framework. The SSC met in August 2022 to discuss alternatives for the 
GB cod ABC for fishing years 2023 and 2024, and a majority of the SSC 
recommended an ABC of 904 mt, the average between the output of the 
iSmooth and the 2020 calendar year catch of GB cod (based on

[[Page 34814]]

the 2021 assessment). The Council selected 904 mt as its preferred 
option for the GB cod ABC.
    The Council's EA for Framework 65 states that the 904 mt ABC would 
reduce, but not eliminate, adverse economic impacts, compared to the 
fishing year 2022 ABC of 754 mt. The Council included an updated 
analysis in its Framework 65 submission, applying the iSmooth approach 
using fall 2021 and spring 2022 surveys and catch data through 2021, 
consistent with the methodology and data sources used by the SSC when 
recommending the fishing year 2022 ABC. This updated analysis resulted 
in an amount that is 74 mt higher than the 904-mt ABC recommended by 
the Council. The Council did not revise its recommendation with the 
higher amount. Instead, it has demonstrated that the 904-mt ABC 
recommendation would contribute to stock rebuilding while having a low 
probability of overfishing. The sector component of the fishery will 
have a high (90-percent) target coverage level of monitoring in fishing 
year 2023, which is anticipated to help ensure the accuracy of 
commercial catch data.

Annual Catch Limits

Development of Annual Catch Limits
    The U.S. ABC for each stock is divided among the various fishery 
components to account for all sources of fishing mortality. An estimate 
of catch expected from state waters and the other sub-component (e.g., 
non-groundfish fisheries or some recreational groundfish fisheries) is 
deducted from the U.S. ABC. The remaining portion of the U.S. ABC is 
distributed to the fishery components that receive an allocation for 
the stock. Components of the fishery that receive an allocation have a 
sub-ACL set by reducing their portion of the ABC to account for 
management uncertainty and are subject to AMs if they exceed their 
respective catch limit during the fishing year. For GOM cod and haddock 
only, the U.S. ABC is first divided between the commercial and 
recreational fisheries, before being further divided into sub-
components and sub-ACLs. This process is described fully in Appendix II 
of the Framework 65 Environmental Assessment.
Recreational Catch Target for GB Cod
    GB cod is not allocated to the recreational fishery. Instead, a 
catch target is set and used to calculate the amount deducted to 
account for state and other sub-component catch. Framework 65 proposes 
to set the GB cod recreational catch target based on the proportional 
change to the GB cod U.S. ABC from fishing year 2022 to 2023. Under the 
Council's preferred alternative of a 904-mt GB cod ABC, the 
recreational catch target would be 113 mt, which is an increase from 
the 75-mt catch target set for fishing year 2022.
    Framework 63 modified the regulatory process for the Regional 
Administrator to adjust recreational measures to prevent the 
recreational catch target from being exceeded for fishing years 2023 
and 2024. Any change to the recreational measures for GB cod would be 
implemented through a separate rulemaking.
Sector and Common Pool Allocations
    For stocks allocated to sectors, the commercial groundfish sub-ACL 
is further divided into the non-sector (common pool) sub-ACL and the 
sector sub-ACL, based on the total vessel enrollment in sectors and the 
cumulative potential sector contributions (PSC) associated with those 
sectors. The sector and common pool sub-ACLs proposed in this action 
are based on final fishing year 2023 sector rosters. All permits 
enrolled in a sector, and the vessels associated with those permits, 
had until April 30, 2023, to withdraw from a sector and fish in the 
common pool for the 2023 fishing year. In addition to the enrollment 
delay, all permits that change ownership after the roster deadline were 
able to join a sector (or change sector) through April 30, 2023.
Management Uncertainty Buffer for Sectors
    In Framework 65, the Council proposes to remove the management 
uncertainty buffer for the sector sub-ACL for GOM haddock and white 
hake, for only the 2023 fishing year, if the at-sea monitoring (ASM) 
coverage target is 90 percent or higher. The Council's goal is to 
mitigate the economic impacts of the ACLs for these two stocks by 
increasing the sector sub-ACLs if the ASM coverage target is high 
enough to reduce uncertainty. Amendment 23 (87 FR 75852, December 9, 
2022) implemented a measure to set the management uncertainty buffer 
for the sector sub-ACL for each allocated groundfish stock to zero. In 
years that the ASM coverage target is set at 100 percent, the 
management uncertainty buffer will default to zero for the sector sub-
ACL for allocated stocks, unless the Council's consideration of the 
100-percent coverage target warrants specifying a different management 
uncertainty buffer in order to prevent exceeding the sub-ACL. The 
process by which the Council evaluates and sets management uncertainty 
buffers was unchanged by Amendment 23 and the Council may adjust 
management uncertainty buffers in future actions.
    On March 16, 2023, the Regional Administrator announced that the 
fishing year 2023 ASM coverage target will be 90 percent. Therefore, if 
this measure is approved, sectors' sub-ABCs for GOM haddock and white 
hake would not be reduced to account for the management uncertainty for 
fishing year 2023 (see Table 4). The fishery would remain accountable 
for remaining within the sub-ACLs allocated to it for both stocks 
affected by this measure, and the removal of the management uncertainty 
buffer for the sectors alone is not likely to cause the ABC or OFL to 
be exceeded. The revised management uncertainty buffers apply only to 
sectors and not to the common pool component of the fishery or other 
sub-ACLs or sub-components for any stocks. In the case of GOM haddock, 
the recreational fishery and common pool fishery would both retain a 
management uncertainty buffer; for white hake, only the common pool 
fishery would have a management uncertainty buffer applied. Therefore, 
a certain level of uncertainty buffer will continue to exist for each 
stock's ACL.
Common Pool Total Allowable Catches
    The common pool sub-ACL for each allocated stock (except for SNE/MA 
winter flounder) is further divided into trimester TACs. Table 7 
summarizes the common pool trimester TACs proposed in this action.
    Incidental catch TACs are also specified for certain stocks of 
concern (i.e., stocks that are overfished or subject to overfishing) 
for common pool vessels fishing in the special management programs 
(i.e., special access programs (SAP) and the Regular B Days-at-Sea 
(DAS) Program), in order to limit the catch of these stocks under each 
program. Tables 8 through 11 summarize the proposed Incidental Catch 
TACs for each stock and the distribution of these TACs to each special 
management program.

[[Page 34815]]



                                                                    Table 4--Proposed Catch Limits for the 2023 Fishing Year
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                       Midwater                 Small-       State
                              Stock                                Total ACL    Groundfish  Sector sub-  Common pool   Recreational      trawl      Scallop      mesh     waters sub- Other sub-
                                                                                 sub-ACL        ACL        sub-ACL        sub-ACL       fishery     fishery    fisheries   component   component
                                                                       A to H    A + B + C            A            B               C           D           E           F           G           H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod..........................................................          500          375          364           11  ..............  ..........  ..........  ..........          42          83
GOM Cod.........................................................          522          470          268           11             192  ..........  ..........  ..........          48         3.4
GB Haddock......................................................       11,301       11,080       10,829          251  ..............         221  ..........  ..........           0           0
GOM Haddock *...................................................        1,888        1,818        1,183           25             610          18  ..........  ..........          45         6.4
GB Yellowtail Flounder..........................................          103           84           80          4.5  ..............  ..........        16.5         2.0         0.0         0.0
SNE/MA Yellowtail Flounder......................................           38           33           25          8.1  ..............  ..........         2.7  ..........         0.2         2.0
CC/GOM Yellowtail Flounder......................................        1,063          985          931           54  ..............  ..........  ..........  ..........          34          45
American Plaice.................................................        5,417        5,360        5,210          150  ..............  ..........  ..........  ..........          29          29
Witch Flounder..................................................        1,196        1,145        1,104           41  ..............  ..........  ..........  ..........          19          31
GB Winter Flounder..............................................        1,651        1,634        1,585           50  ..............  ..........  ..........  ..........           0          17
GOM Winter Flounder.............................................          772          607          519           88  ..............  ..........  ..........  ..........         153        12.1
SNE/MA Winter Flounder..........................................          604          441          387           53  ..............  ..........  ..........  ..........          19         144
Redfish.........................................................        9,469        9,469        9,369           99  ..............  ..........  ..........  ..........           0           0
White Hake *....................................................        1,844        1,826        1,808           18  ..............  ..........  ..........  ..........           0          19
Pollock.........................................................       14,325       13,124       13,001          123  ..............  ..........  ..........  ..........         676         526
N. Windowpane Flounder..........................................          150          105           na          105  ..............  ..........          31  ..........         0.8          13
S. Windowpane Flounder..........................................          371           45           na           45  ..............  ..........         129  ..........          13         184
Ocean Pout......................................................           83           49           na           49  ..............  ..........  ..........  ..........           0          34
Atlantic Halibut................................................           83           64           na           64  ..............  ..........  ..........  ..........          17         1.3
Atlantic Wolffish...............................................           87           87           na           87  ..............  ..........  ..........  ..........           0           0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors
* GOM haddock and white hake catch limits are based on the removal of the management uncertainty buffer.


                                                                   Table 5--Proposed Catch Limits for the 2024 Fishing Year *
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                       Midwater                 Small-       State
                              Stock                                Total ACL    Groundfish  Sector sub-  Common pool   Recreational      trawl      Scallop      mesh     waters sub- Other sub-
                                                                                 sub-ACL        ACL        sub-ACL        sub-ACL       fishery     fishery    fisheries   component   component
                                                                       A to H    A + B + C            A            B               C           D           E           F           G           H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod..........................................................          500          375          364           11  ..............  ..........  ..........  ..........          42          83
GOM Cod.........................................................          522          470          268           11             192  ..........  ..........  ..........          48           3
GB Haddock......................................................       11,052       10,835       10,590          245  ..............         217  ..........  ..........           0           0
GOM Haddock.....................................................        1,925        1,852        1,183           26             643          19  ..........  ..........          47           7
GB Yellowtail Flounder..........................................          103           84           80          4.5  ..............  ..........          17         2.0           0           0
SNE/MA Yellowtail Flounder......................................           38           33           25          8.1  ..............  ..........         2.7  ..........         0.2         2.0
CC/GOM Yellowtail Flounder......................................          946          877          828           48  ..............  ..........  ..........  ..........          30          40
American Plaice.................................................        5,247        5,192        5,046          145  ..............  ..........  ..........  ..........          28          28
Witch Flounder..................................................        1,196        1,145        1,104           41  ..............  ..........  ..........  ..........          19          31
GB Winter Flounder..............................................        1,503        1,488        1,442           45  ..............  ..........  ..........  ..........           0          16
GOM Winter Flounder.............................................          772          607          519           88  ..............  ..........  ..........  ..........         153        12.1
SNE/MA Winter Flounder..........................................          604          441          387           53  ..............  ..........  ..........  ..........          19         144
Pollock.........................................................       13,299       12,184       12,070          114  ..............  ..........  ..........  ..........         627         488
Ocean Pout......................................................           83           49           na           49  ..............  ..........  ..........  ..........           0          34
Atlantic Halibut................................................           83           64           na           64  ..............  ..........  ..........  ..........          17         1.3
Atlantic Wolffish...............................................           87           87           na           87  ..............  ..........  ..........  ..........           0           0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors
* Northeast multispecies stocks not included in Table 5 do not have catch limits approved or proposed for fishing year 2024.


[[Page 34816]]


                                                                   Table 6--Proposed Catch Limits for the 2025 Fishing Year *
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                       Midwater                 Small-       State
                              Stock                                Total ACL    Groundfish  Sector sub-  Common pool   Recreational      trawl      Scallop      mesh     waters sub- Other sub-
                                                                                 sub-ACL        ACL        sub-ACL        sub-ACL       fishery     fishery    fisheries   component   component
                                                                       A to H    A + B + C            A            B               C           D           E           F           G           H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Haddock......................................................        9,460        9,275        9,065          210  ..............         185  ..........  ..........           0           0
GOM Haddock.....................................................        1,905        1,833        1,171           26             636          19  ..........  ..........          47           7
SNE/MA Yellowtail Flounder......................................           38           33           25            8  ..............  ..........           3  ..........           0           2
CC/GOM Yellowtail Flounder......................................          873          808          764           45  ..............  ..........  ..........  ..........          28          37
American Plaice.................................................        5,009        4,957        4,818          139  ..............  ..........  ..........  ..........          26          26
Witch Flounder..................................................        1,196        1,145        1,104           41  ..............  ..........  ..........  ..........          19          31
GB Winter Flounder..............................................        1,446        1,431        1,387           44  ..............  ..........  ..........  ..........           0          15
GOM Winter Flounder.............................................          772          607          519           88  ..............  ..........  ..........  ..........         153        12.1
SNE/MA Winter Flounder..........................................          604          441          387           53  ..............  ..........  ..........  ..........          19         144
Pollock.........................................................       12,683       11,619       11,510          109  ..............  ..........  ..........  ..........         598         465
Ocean Pout......................................................           83           49           na           49  ..............  ..........  ..........  ..........           0          34
Atlantic Halibut................................................           83           64           na           64  ..............  ..........  ..........  ..........          17         1.3
Atlantic Wolffish...............................................           87           87           na           87  ..............  ..........  ..........  ..........           0           0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors
* Northeast multispecies stocks not included in Table 6 do not have catch limits approved or proposed for fishing year 2025.


                                          Table 7--Proposed Fishing Years 2023-2025 Common Pool Trimester TACs
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      2023                                   2024                                   2025
               Stock                --------------------------------------------------------------------------------------------------------------------
                                     Trimester 1  Trimester 2  Trimester 3  Trimester 1  Trimester 2  Trimester 3  Trimester 1  Trimester 2  Trimester 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.............................          3.0          3.6          4.1          3.0          3.6          4.1  ...........  ...........  ...........
GOM Cod............................          5.2          3.5          1.9          5.2          3.5          1.9  ...........  ...........  ...........
GB Haddock.........................         67.6         82.7        100.2         66.1         80.8         98.0         56.6         69.2         83.9
GOM Haddock........................          6.6          6.4         11.6          7.0          6.7         12.2          6.9          6.7         12.1
GB Yellowtail Flounder.............          0.9          1.4          2.3          0.9          1.4          2.3  ...........  ...........  ...........
SNE/MA Yellowtail Flounder.........          1.7          2.3          4.1          1.7          2.3          4.1          1.7          2.3          4.1
CC/GOM Yellowtail Flounder.........         31.0         14.1          9.2         27.6         12.6          8.2         25.5         11.6          7.6
American Plaice....................        111.0         12.0         27.0        107.5         11.6         26.2        102.6         11.1         25.0
Witch Flounder.....................         22.6          8.2         10.3         22.6          8.2         10.3         22.6          8.2         10.3
GB Winter Flounder.................          4.0         12.0         33.9          3.6         10.9         30.8          3.5         10.5         29.6
GOM Winter Flounder................         32.7         33.6         22.1         32.7         33.6         22.1         32.7         33.6         22.1
Redfish............................         24.8         30.8         43.7  ...........  ...........  ...........  ...........  ...........  ...........
White Hake.........................          6.7          5.5          5.5  ...........  ...........  ...........  ...........  ...........  ...........
Pollock............................         34.4         42.9         45.4         31.9         39.9         42.1         30.4         38.0         40.2
--------------------------------------------------------------------------------------------------------------------------------------------------------


               Table 8--Proposed Common Pool Incidental Catch TACs for the 2023-2025 Fishing Years
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                                   Percentage of
                      Stock                         common pool        2023            2024            2025
                                                      sub-ACL
----------------------------------------------------------------------------------------------------------------
GB Cod..........................................            1.68            0.18            0.18  ..............
GOM Cod.........................................               1            0.11            0.11  ..............
GB Yellowtail Flounder..........................               2            0.09            0.09  ..............
CC/GOM Yellowtail Flounder......................               1            0.54            0.48            0.45
American Plaice.................................               5            7.50            7.27            6.94
Witch Flounder..................................               5            2.06            2.06            2.06
SNE/MA Winter Flounder..........................               1            0.53            0.53            0.53
----------------------------------------------------------------------------------------------------------------


Table 9--Percentage of Incidental Catch TACs Distributed to Each Special
                           Management Program
------------------------------------------------------------------------
                                                           Eastern U.S./
                  Stock                    Regular B DAS  CA Haddock SAP
                                            Program (%)         (%)
------------------------------------------------------------------------
GB Cod..................................              60              40
GOM Cod.................................             100             n/a
GB Yellowtail Flounder..................              50              50
CC/GOM Yellowtail Flounder..............             100             n/a
American Plaice.........................             100             n/a

[[Page 34817]]

 
Witch Flounder..........................             100             n/a
SNE/MA Winter Flounder..................             100             n/a
------------------------------------------------------------------------


                          Table 10--Proposed Fishing Years 2023-2025 Incidental Catch TACs for Each Special Management Program
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                       Regular B DAS Program                      Eastern U.S./Canada Haddock SAP
                          Stock                          -----------------------------------------------------------------------------------------------
                                                               2023            2024            2025            2023            2024            2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod..................................................            0.11            0.11  ..............            0.07            0.07  ..............
GOM Cod.................................................            0.11            0.11  ..............             n/a             n/a             n/a
GB Yellowtail Flounder..................................            0.05            0.05  ..............            0.05            0.05  ..............
CC/GOM Yellowtail Flounder..............................            0.54            0.48            0.45             n/a             n/a             n/a
American Plaice.........................................            7.50            7.27            6.94             n/a             n/a             n/a
Witch Flounder..........................................            2.06            2.06            2.06             n/a             n/a             n/a
SNE/MA Winter Flounder..................................            0.53            0.53            0.53             n/a             n/a             n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                Table 11--Proposed Fishing Years 2023-2025 Regular B DAS Program Quarterly Incidental Catch TACs
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 2023                                        2024                                        2025
                                                             -----------------------------------------------------------------------------------------------------------------------------------
                            Stock                                1st        2nd        3rd        4th        1st        2nd        3rd        4th        1st        2nd        3rd        4th
                                                               Quarter    Quarter    Quarter    Quarter    Quarter    Quarter    Quarter    Quarter    Quarter    Quarter    Quarter    Quarter
                                                                (13%)      (29%)      (29%)      (29%)      (13%)      (29%)      (29%)      (29%)      (13%)      (29%)      (29%)      (29%)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod......................................................       0.01       0.03       0.03       0.03       0.01       0.03       0.03       0.03  .........  .........  .........  .........
GOM Cod.....................................................       0.01       0.03       0.03       0.03       0.01       0.03       0.03       0.03  .........  .........  .........  .........
GB Yellowtail Flounder......................................       0.01       0.01       0.01       0.01       0.01       0.01       0.01       0.01  .........  .........  .........  .........
CC/GOM Yellowtail Flounder..................................       0.07       0.16       0.16       0.16       0.06       0.14       0.14       0.14       0.06       0.13       0.13       0.13
American Plaice.............................................       0.98       2.18       2.18       2.18       0.94       2.11       2.11       2.11       0.90       2.01       2.01       2.01
Witch Flounder..............................................       0.27       0.60       0.60       0.60       0.27       0.60       0.60       0.60       0.27       0.60       0.60       0.60
SNE/MA Winter Flounder......................................       0.07       0.15       0.15       0.15       0.07       0.15       0.15       0.15       0.07       0.15       0.15       0.15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Temporary Modification to Accountability Measures for GB Cod

    As described above, a portion of the ABC is set aside to account 
for an estimate of catch in state waters (including both commercial and 
recreational vessels) and catch in federal waters by the other non-
specified fisheries (including non-groundfish commercial and 
recreational groundfish vessels). For allocated groundfish stocks, 
there are no accountability measures for the state and other sub-
components; an overage to the ACL results in accountability measures 
for the allocated components of the groundfish fishery. If the overall 
ACL for a stock is exceeded, the amount of the overage due to catch 
from vessels fishing in state waters or other, non-specified fisheries 
is distributed between the allocated components of the groundfish 
fishery. Each component's attributed share of the overage is added to 
that component's catch to determine whether the AM for that component 
is triggered and the resulting overage amount. For the commercial 
fishery (sectors and common pool), the AM due to an overage is payback 
in a subsequent fishing year.
    Framework 65 would temporarily modify the AMs for GB cod when an 
ACL overage that occurs in fishing years 2022-2024 is (in part or 
entirely) due to vessels fishing in state waters or other, non-
specified fisheries. If in the year following the overage (Year 2), the 
ACL is not achieved or exceeded by any amount, the ACL underage would 
be proportionately applied to each component's share of the overage 
from Year 1. While the preliminary AM (i.e., payback) would be 
implemented at the beginning of Year 3, any reduction to the overage 
(due to the underage in Year 2) would be made through an in-season 
adjustment as soon as possible in Year 3.
    For example, if an ACL overage occurred in fishing year 2022, due 
to (in part or entirely) excess catch from the state or other sub-
components, NMFS would determine the amount of this overage after the 
end of fishing year 2022, i.e., in fishing year 2023. NMFS would then 
proportionately apply the excessive catch attributed to the state and 
other-subcomponents to catch from the allocated groundfish fisheries; 
in the case of GB cod, this would be sectors and the common pool. If 
the resulting sum of sector catch plus the sectors' share of the state 
or other sub-component's overage resulted in an overage of the sector 
sub-ACL, sectors would be required to pay back this overage, pound for 
pound. The same

[[Page 34818]]

would be done for the common pool's catch and share of the state and 
other sub-components' overage. Under the modification proposed in this 
action, however, if there were an underage of the ACL in fishing year 
2023, this underage would be distributed between sectors and the common 
pool. The overage payback would be implemented at the start of fishing 
year 2024, but NMFS would implement the reduction of the payback due to 
the 2023 ACL underage through an in-season adjustment in 2024.

Regulatory Corrections Under Secretarial Authority

    This rule corrects an error in the northeast regulations for 
monitoring service providers. We are making this correction consistent 
with section 305(d) of the Magnuson-Stevens Act, which provides that 
the Secretary of Commerce may promulgate regulations necessary to 
ensure that amendments to an FMP are carried out in accordance with the 
FMP and the Magnuson-Stevens Act. This change is necessary to correct 
the regulations detailing insurance requirements for monitoring 
companies to reference the national requirements.
    On September 8, 2022, NMFS published a final rule (87 FR 54902) 
that implemented national insurance requirements for observer providers 
at 50 CFR 600.748 and revised the northeast regional monitoring program 
regulations at Sec.  648.11(h)(3)(vii) to reference the newly 
established national insurance requirements. The final rule 
implementing Amendment 23 to the Northeast Multispecies FMP (87 FR 
75852, December 9, 2022) inadvertently overwrote the northeast regional 
monitoring program regulations that referred to the national insurance 
requirements. This rule corrects the regulations at Sec.  
648.11(h)(3)(vii)(A) to reference the national insurance requirements. 
This correction is necessary to eliminate confusion and ensure the 
northeast monitoring program is consistent with the national insurance 
requirements.
    Framework 65 would also make minor changes in the regulations. It 
would remove regulatory text that is specific to previous fishing 
years. Specifically, this action would remove a sentence in 50 CFR 
648.90(a)(4)(iii)(H)(2) that is specific to the allocation of certain 
stocks for fishing years 2010 and 2011, and remove the paragraphs at 
Sec.  648.90(a)(5)(iv)(B) through (D) that are specific to temporary 
(up through fishing year 2020) modifications to the triggers for the 
Atlantic sea scallop fishery's AMs for certain flatfish stocks. It 
would correct sections of the regulations (Sec. Sec.  
648.87(b)(1)(i)(A) and 648.90(a)(4)(iii)(F)) that refer to the northern 
and southern windowpane flounder as GOM/GB and SNE/MA windowpane 
flounder, respectively, which is inconsistent with other sections of 
the regulations. It would remove a section of text that describes the 
Fippenies Ledge Area that was moved to a different section of the 
regulations, but not deleted from Sec.  648.87(c)(2)(i)(A). It would 
correct several citations in Sec. Sec.  648.87(c)(2)(i) and 648.86(c) 
to paragraphs within Sec.  648.90(a)(5)(i) that were redesignated in a 
previous action, but the citations were not updated.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with Framework 65, other provisions of 
the Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment. In making the final determination, 
the Regional Administrator will consider the data, views, and comments 
received during the public comment period.
    NMFS finds that a 15-day comment period for this action provides a 
reasonable opportunity for public participation in this action, while 
also ensuring that the final specifications are in place as close to 
start of the groundfish fishing year on May 1, 2023, as possible. This 
action was developed by the New England Fishery Management Council as 
part of the annual Framework Adjustment process, during which final 
action was taken in December 2022. However, due to the need for 
additional analysis regarding the measures proposed in Framework 65, 
the Council was not able to submit the final Framework until April 18, 
2023. This action could not be proposed sooner as a result of the 
delays in submission. Stakeholder and industry groups have been 
involved with the development of this action and have participated in 
public meetings throughout the past year. A prolonged comment period 
and subsequent potential delay in implementation would be contrary to 
the public interest, as it would leave in place default quotas for some 
stocks that do not already have specifications for fishing year 2023, 
rather than replacing them with the quotas proposed in this rule, which 
are based on the best available science. For multiple stocks, the 
fishery is operating under lower quotas than those proposed in 
Framework 65, and an extended delay could limit economic opportunities 
for the fishery, as well as lead to confusion and uncertainty. 
Providing timely access to these stocks is also a potential safely 
issue. A significant portion of fishing activity occurs in early 
summer, due to better weather, and for some smaller vessels, summer may 
be the only season in which they are able to participate in the 
fishery.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
this proposed rule, as required by section 603 of the Regulatory 
Flexibility Act, 5 U.S.C. 603. The IRFA describes the economic impact 
that this proposed rule would have on small entities, including small 
businesses, and also determines ways to minimize these impacts. The 
IRFA includes this section of the preamble to this rule and analyses 
contained in Framework 63 and its accompanying EA/RIR/IRFA. A copy of 
the full analysis is available from the Council (see ADDRESSES). A 
summary of the IRFA follows.

Description of the Reasons Why Action by the Agency Is Being Considered 
and Statement of the Objectives of, and Legal Basis for, This Proposed 
Rule

    This action proposes management measures, including annual catch 
limits, for the multispecies fishery in order to prevent overfishing, 
rebuild overfished groundfish stocks, and achieve optimum yield in the 
fishery. A complete description of the action, why it is being 
considered, and the legal basis for this action are contained in 
Framework 65, and elsewhere in the preamble to this proposed rule, and 
are not repeated here.

Description and Estimate of the Number of Small Entities to Which This 
Proposed Rule Would Apply

    The proposed rule would impact the commercial and recreational 
groundfish, Atlantic sea scallop, small-mesh multispecies, Atlantic 
herring, and large-mesh non-groundfish fisheries. Individually 
permitted vessels may hold permits for several fisheries, harvesting 
species of fish that are regulated by several different FMPs, beyond 
those impacted by the proposed action. Furthermore, multiple-permitted 
vessels and/or permits may be owned by entities affiliated by stock 
ownership, common management, identity of interest, contractual 
relationships, or economic dependency. For the purposes

[[Page 34819]]

of the Regulatory Flexibility Act analysis, the ownership entities, not 
the individual vessels, are considered to be the regulated entities.
    As of June 1, 2022, NMFS had issued 681 commercial limited-access 
groundfish permits associated with vessels (including those in 
confirmation of permit history (CPH)), 610 party/charter groundfish 
permits, 699 limited access and general category Atlantic sea scallop 
permits, 717 small-mesh multispecies permits, 73 Atlantic herring 
permits, and 758 large-mesh non-groundfish permits (limited access 
summer flounder and scup permits). Therefore, this action potentially 
regulates 3,538 permits. When accounting for overlaps between 
fisheries, this number falls to 2,027 permitted vessels. Each vessel 
may be individually owned or part of a larger corporate ownership 
structure and, for RFA purposes, it is the ownership entity that is 
ultimately regulated by the proposed action. Ownership entities are 
identified on June 1st of each year based on the list of all permit 
numbers, for the most recent complete calendar year, that have applied 
for any type of Greater Atlantic Federal fishing permit. The current 
ownership data set is based on calendar year 2021 permits and contains 
gross sales associated with those permits for calendar years 2019 
through 2021.
    For RFA purposes only, NMFS has 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 not in excess of $11 million for all its 
affiliated operations worldwide. The determination as to whether the 
entity is large or small is based on the average annual revenue for the 
three years from 2019 through 2021. The Small Business Administration 
(SBA) has established size standards for all other major industry 
sectors in the U.S., including for-hire fishing (NAICS code 487210). 
These entities are classified as small businesses if combined annual 
receipts are not in excess of $8.0 million for all its affiliated 
operations. As with commercial fishing businesses, the annual average 
of the three most recent years (2019-2021) is utilized in determining 
annual receipts for businesses primarily engaged in for-hire fishing.
    Based on the ownership data, 1,506 distinct business entities hold 
at least one permit that the proposed action potentially regulates. All 
1,506 business entities identified could be directly regulated by this 
proposed action. Of these 1,506 entities, 865 are commercial fishing 
entities, 274 are for-hire entities, and 367 did not have revenues 
(were inactive in 2021). Of the 865 commercial fishing entities, 854 
are categorized as small entities and 11 are categorized as large 
entities, per the NMFS guidelines. Furthermore, 515 of these commercial 
fishing entities held limited access groundfish permits, with 512 of 
these entities being classified as small businesses and 3 of these 
entities being classified as large businesses. All 274 for-hire 
entities are categorized as small businesses.

Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Proposed Rule

    The proposed action does not contain any new collection-of-
information requirements under the Paperwork Reduction Act (PRA).

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    The proposed action does not duplicate, overlap, or conflict with 
any other Federal rules.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    The economic impacts of each proposed measure are discussed in more 
detail in sections 6.5 and 7.12 of the Framework 65 Environmental 
Assessment (see ADDRESSES) and are not repeated here. The Council 
considered several options within the proposed GOM cod rebuilding plan, 
including a Frebuild that are lower (50 percent of 
FMSY) and higher (70 and 75 percent of FMSY). The 
quotas that were set by Framework 63 remain in place for fishing years 
2023-2024, and the proposed rebuilding strategy for GOM cod is expected 
to positively impact the groundfish fishery in the long-term through 
stock rebuilding. For the updated groundfish specifications, the 
Council also considered two lower ABC for GB cod, which would have 
greater negative economic impacts than the preferred alternative. There 
are no significant alternatives that would minimize the economic 
impacts. The proposed action is predicted to generate $74.2 million in 
gross revenues on the sector portion of the commercial groundfish 
trips, which is $41.7 million more than No Action, but $4.0 million 
less than fishing year 2021. Small entities engaged in common pool 
groundfish fishing may be negatively impacted by the proposed action as 
well. Likewise, small entities engaged in the recreational groundfish 
fishery are also likely to be negatively impacted. These negative 
impacts for both commercial and recreational groundfish entities are 
driven primarily by a substantial decline in the ACL for GOM haddock 
for fishing year 2023. While this decline is expected to result in 
short-term negative impacts, decreased GOM haddock catch in fishing 
year 2023 is expected to yield long-term positive impacts through stock 
rebuilding.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping, and reporting requirements.

    Dated: May 24, 2023.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated 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.  648.11, revise paragraph (h)(3)(vii)(A) to read as follows:


Sec.  648.11  Monitoring coverage.

* * * * *
    (h) * * *
    (3) * * *
    (vii) * * *
    (A) A monitoring service provider must hold insurance specified at 
Sec.  600.748(b) and (c) of this chapter.
* * * * *
0
3. In Sec.  648.86, revise paragraph (c) to read as follows:


Sec.  648.86  NE Multispecies possession restrictions.

* * * * *
    (c) Atlantic halibut. A vessel issued a NE multispecies permit 
under Sec.  648.4(a)(1) may land or possess on board no more than one 
Atlantic halibut per trip, provided the vessel complies with other 
applicable provisions of this part, unless otherwise specified in Sec.  
648.90(a)(5)(i)(F).
* * * * *
0
4. Amend Sec.  648.87 by:

[[Page 34820]]

0
a. Revising paragraph (b)(1)(i)(A) and the first sentence of paragraph 
(c)(2)(i); and
0
b. Removing paragraphs (c)(2)(i)(A) and (B).
    The revisions read as follows:


Sec.  648.87  Sector allocation.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (A) Allocated stocks. Each sector shall be allocated a TAC in the 
form of an ACE for each NE multispecies stock, with the exception of 
Atlantic halibut, ocean pout, windowpane flounder (both the northern 
and southern stocks), and Atlantic wolffish based upon the cumulative 
PSCs of vessels/permits participating in each sector during a 
particular fishing year, as described in paragraph (b)(1)(i)(E) of this 
section.
* * * * *
    (c) * * *
    (2) * * *
    (i) Regulations that may not be exempted for sector participants. 
The Regional Administrator may not exempt participants in a sector from 
the following Federal fishing regulations: Specific times and areas 
within the NE multispecies year-round closure areas; permitting 
restrictions (e.g., vessel upgrades, etc.); gear restrictions designed 
to minimize habitat impacts (e.g., roller gear restrictions, etc.); 
reporting requirements; and AMs specified in Sec.  648.90(a)(5)(i)(D) 
through (H). * * *
* * * * *
0
5. Amend Sec.  648.90 by:
0
a. Removing and reserving paragraph (a)(2)(iv);
0
b. Revising paragraphs (a)(4)(iii)(A) and (B), (a)(4)(iii)(F), the 
introductory text of paragraph (a)(4)(iii)(H), paragraphs 
(a)(4)(iii)(H)(1)(i) and (a)(4)(iii)(H)(2), the second sentence of 
paragraph (a)(5)(i)(D), and paragraph (a)(5)(ii);
0
c. Removing and reserving paragraph (a)(5)(iv)(B); and
0
d. Removing paragraphs (a)(5)(iv)(C) and (D).
    The revisions read as follows:


Sec.  648.90  NE multispecies assessment, framework procedures and 
specifications, and flexible area action system.

* * * * *
    (a) * * *
    (4) * * *
    (iii) * * *
    (A) Regulated species or ocean pout catch by vessels operating only 
in state waters. The catch of regulated species or ocean pout that is 
expected to be harvested by vessels operating only in state waters that 
have not been issued a Federal NE multispecies permit and are not 
subject to the regulations specified in this part, as well as the 
recreational catch of regulated species or ocean pout that occurs in 
state waters, unless otherwise specified in paragraph 
(a)(4)(iii)(H)(1)(i) of this section, shall be deducted from the ABC/
ACL of each regulated species or ocean pout stock pursuant to the 
process for specifying ABCs and ACLs, as described in this paragraph 
(a)(4).
    (B) Regulated species or ocean pout catch by other, non-specified 
fisheries. Regulated species or ocean pout catch by other, non-
specified fisheries, including, but not limited to, exempted fisheries 
that occur in Federal waters, fisheries harvesting exempted species 
specified in Sec.  648.80(b)(3), and recreational fisheries that occur 
in Federal waters, unless otherwise specified in paragraph 
(a)(4)(iii)(H)(1)(i) of this section, shall be deducted from the ABC/
ACL of each regulated species or ocean pout stock, pursuant to the 
process to specify ABCs and ACLs described in this paragraph (a)(4), 
unless otherwise specified in paragraphs (a)(4)(iii)(C) through (G) of 
this section. The catch of these non-specified sub-components of the 
ACL shall be monitored using data collected pursuant to this part. If 
catch from such fisheries exceeds the amount specified in this 
paragraph (a)(4)(iii)(B), AMs shall be developed to prevent the overall 
ACL for each stock from being exceeded, pursuant to the framework 
adjustment process specified in this section.
* * * * *
    (F) Southern windowpane flounder catch by exempted fisheries. 
Southern windowpane flounder catch by other, non-specified fisheries, 
including, but not limited to, exempted fisheries that occur in Federal 
waters and fisheries harvesting exempted species specified in Sec.  
648.80(b)(3), shall be deducted from the ABC/ACL for southern 
windowpane flounder pursuant to the process to specify ABCs and ACLs, 
as described in this paragraph (a)(4). The specific value of the sub-
components of the ABC/ACL for southern windowpane flounder distributed 
to these other fisheries shall be specified pursuant to the biennial 
adjustment process specified in paragraph (a)(2) of this section.
* * * * *
    (H) Regulated species or ocean pout catch by the NE multispecies 
commercial and recreational fisheries. Unless otherwise specified in 
the ACL recommendations developed pursuant to paragraph (a)(4)(i) of 
this section, after all of the deductions and considerations specified 
in paragraphs (a)(4)(iii)(A) through (G) and (a)(4)(iii)(H)(1) of this 
section, the remaining ABC/ACL for each regulated species or ocean pout 
stock shall be allocated to the NE multispecies commercial fishery, 
pursuant to paragraph (a)(4)(iii)(H)(2) of this section.
* * * * *
    (1) * * *
    (i) Stocks allocated. Unless otherwise specified in this paragraph 
(a)(4)(iii)(H)(1), the ABCs/ACLs for GOM cod and GOM haddock set 
pursuant to paragraph (a)(4) of this section shall be divided between 
commercial and recreational components, based upon the average 
proportional catch of each component for each stock during fishing 
years 2001 through 2006.
* * * * *
    (2) Commercial allocation. Unless otherwise specified in this 
paragraph (a)(4)(iii)(H)(2), the ABC/ACL for regulated species or ocean 
pout stocks available to the commercial NE multispecies fishery, after 
consideration of the recreational allocation pursuant to paragraph 
(a)(4)(iii)(H)(1) of this section, shall be divided between vessels 
operating under approved sector operations plans, as described at Sec.  
648.87(c), and vessels operating under the provisions of the common 
pool, as defined in this part, based upon the cumulative PSCs of 
vessels participating in sectors calculated pursuant to Sec.  
648.87(b)(1)(i)(E). The ABC/ACL of each regulated species or ocean pout 
stocks not allocated to sectors pursuant to Sec.  648.87(b)(1)(i)(E) 
(i.e., Atlantic halibut, ocean pout, windowpane flounder, and Atlantic 
wolffish) that is available to the commercial NE multispecies fishery 
shall be allocated entirely to the common pool, and catch from sector 
and common pool vessels shall be attributed to this allocation. Unless 
otherwise specified in paragraph (a)(5) of this section, regulated 
species or ocean pout catch by common pool and sector vessels shall be 
deducted from the sub-ACL/ACE allocated pursuant to this paragraph 
(a)(4)(iii)(H)(2) for the purposes of determining whether adjustments 
to common pool measures are necessary, pursuant to the common pool AMs 
specified in Sec.  648.82(n), or whether sector ACE overages must be 
deducted, pursuant to Sec.  648.87(b)(1)(iii).
* * * * *
    (5) * * *
    (i) * * *
    (D) AMs for both stocks of windowpane flounder, ocean pout,

[[Page 34821]]

Atlantic halibut, and Atlantic wolffish. * * * If the overall ACL for 
any of these stocks is exceeded, NMFS shall implement the appropriate 
AM, as specified in paragraphs (a)(5)(i)(D) through (H) of this 
section, in a subsequent fishing year, consistent with the APA. * * *
* * * * *
    (ii) AMs due to excessive catch of regulated species or ocean pout 
by state and other, non-specified fisheries. At the end of the NE 
multispecies fishing year, NMFS will evaluate whether the catch of any 
stock of regulated species or ocean pout by vessels operating only in 
state waters or in other, non-specified fisheries, as defined in 
paragraphs (a)(4)(iii)(A) and (B) of this section, exceeds the sub-
component of the ACL for that stock.
    (A) AMs if the overall ACL for a regulated species or ocean pout 
stock is exceeded. If the catch of any stock of regulated species or 
ocean pout by vessels operating only in state waters or in other, non-
specified fisheries exceeds the sub-component of the ACL for that 
stock, and the overall ACL for that stock is exceeded, then the amount 
of the overage of the overall ACL for that stock attributed to catch 
from vessels operating only in state waters or in other, non-specified 
fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this 
section, shall be distributed among components of the NE multispecies 
fishery based upon each component's share of that stock's ACL available 
to the NE multispecies fishery pursuant to paragraph (a)(4)(iii)(H) of 
this section. Each component's share of the ACL overage for a 
particular stock would be then added to the catch of that stock by each 
component of the NE multispecies fishery. If the resulting sum of catch 
of that stock for each component of the fishery exceeds that individual 
component's share of that stock's ACL specified pursuant to paragraph 
(a)(4)(iii)(H) of this section, then the AMs specified in paragraphs 
(a)(5)(i)(A) through (C) of this section shall take effect, as 
applicable, unless otherwise specified in paragraph (a)(5)(ii)(C) of 
this section.
    (B) AMs if the overall ACL for a regulated species or ocean pout 
stock is not exceeded. If the catch of any stock of regulated species 
or ocean pout by vessels operating only in state waters or in other, 
non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and 
(B) of this section, exceeds the sub-component of the ACL for that 
stock, but the overall ACL for that stock is not exceeded, even after 
consideration of the catch of that stock by other sub-components of the 
fishery, then the AMs specified in this paragraph (a)(5)(ii) shall not 
take effect.
    (C) AMs for GB cod due to excessive catch by non-allocated 
fisheries. For any overages of the GB cod ACL in the 2022-2024 fishing 
years, the amount of overage of the overall ACL for GB cod attributed 
to catch from vessels operating only in state waters or in other, non-
specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of 
this section, would be reduced by any underage of the GB cod ACL in the 
fishing year following the overage, in order to determine the total 
amount that must be added to the catch by components of the NE 
multispecies fishery, as specified in paragraph (a)(5)(i)(A) of this 
section. If the full ACL of GB cod is caught or exceeded in the fishing 
year following an overage, no reduction to this amount would be made. 
For example, if in 2023 NMFS determines that 100 mt of GB cod catch by 
vessels operating only in state waters or in other, non-specified 
fisheries in fishing year 2022 has contributed to an ACL overage, NMFS 
would implement the AMs specified in paragraph (a)(5)(ii)(A) of this 
section at the beginning of fishing year 2024. If 2023 fishing year-end 
data showed that total catch of GB cod in fishing year 2023 was 25 mt 
below the 2023 ACL, NMFS would reduce the 100-mt overage amount by that 
25-mt amount (down to 75 mt) in an in-season adjustment to the 2024 
sub-ACLs, as specified in paragraph (a)(5)(i)(A) of this section.
* * * * *
[FR Doc. 2023-11494 Filed 5-30-23; 8:45 am]
BILLING CODE 3510-22-P