[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Rules and Regulations]
[Pages 54899-54907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17321]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230808-0187]
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: Final rule.

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SUMMARY: This rule implements changes to fishing year 2023 recreational 
management measures for Georges Bank cod, Gulf of Maine cod, and Gulf 
of Maine haddock. The measures are necessary 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: The measures in this rule are effective on August 14, 2023.

ADDRESSES: To review Federal Register documents referenced in this 
rule, you can visit: https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, (978) 281-9232.

SUPPLEMENTARY INFORMATION: 

[[Page 54900]]

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-ACLs) for the recreational fishery each 
fishing year for both stocks. These sub-ACLs are a fixed proportion of 
the overall catch limit for each stock. The FMP also includes proactive 
recreational accountability measures (AMs) to prevent the recreational 
sub-ACLs from being exceeded and reactive AMs to correct the cause, or 
mitigate the effects, of an overage if one occurs.
    The proactive AM provision in the FMP provides a process for the 
Regional Administrator, in consultation with the New England Fishery 
Management Council (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 metric tons (mt), 
the same as the 2022 recreational sub-ACL. Framework Adjustment 65 (88 
FR 34810, May 31, 2023) proposed a 610-mt recreational sub-ACL for GOM 
haddock. The proposed 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 recreational sub-ACL for 
GOM cod is already in place and, because Framework Adjustment 65 has 
been delayed, default measures are in place for other stocks, including 
the proposed sub-ACL for GOM haddock, until the Framework Adjustment 65 
final rule is published.
    The results of bio-economic model simulations that were shared with 
the Council and its Recreational Advisory Panel (RAP) and Groundfish 
Committee to help inform Council recommendations on GOM cod and haddock 
measures, as well as the Council, Groundfish Committee, and RAP 
discussions, are described in the proposed rule for this action (88 FR 
23611; April 18, 2023), and not described further here.
    For GOM cod, the Council recommended, and the Regional 
Administrator proposed, an extended fall season (September 1-October 
31) while eliminating the April open season (Table 1). No changes were 
proposed for either the minimum size or bag limit for GOM cod. These 
measures are expected to adequately constrain recreational catch of GOM 
cod based on bio-economic model estimates. As a result, the Regional 
Administrator is implementing these measures for GOM cod for fishing 
year 2023 (Table 1).
    For GOM haddock, the Council ultimately recommended a status quo 
season (March closed), a 15-fish limit, and an 18 inch (45.7 centimeter 
(cm)) minimum size. The Council's recommendation sought in part to 
accommodate charter and party vessels seeking to benefit from 
advertising a 15-fish limit and expected increased bookings. While the 
Council-recommended measures for GOM haddock are expected to result in 
catch below the recreational sub-ACL, we remain concerned that the 
Council measures are expected to unnecessarily constrain catch and 
increase dead discards of GOM haddock for private anglers compared to a 
17 inch (43.2 cm) minimum size and 10-fish bag limit.
    The GOM haddock stock is dominated by relatively young year classes 
of haddock that are beginning to recruit to the fishery. These small 
haddock are subject to high discard mortality, especially during the 
summer and fall months, so any 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. A 10-fish limit at 
17 inches (43.2 cm) is expected to result in higher landings, lower 
dead discards, more fishing trips, and higher angler satisfaction with 
a minimal increase in the risk of exceeding the recreational sub-ACL. 
Available data show that only a small proportion of anglers or trips 
harvest 10 or more haddock per angler and 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 landed per angler. In fishing year 
2022, the average number of haddock landed on trips targeting cod or 
haddock was just 2.3 haddock per angler, 3.6 haddock per angler on for-
hire trips, and 2.2 haddock per angler on private trips. To reduce dead 
discards and increase landings, trips, and angler satisfaction, this 
rule implements the Council-recommended GOM haddock measures for only 
the for-hire angling mode (March closure, 15-fish limit, 18 inch (45.7 
cm) minimum size; Table 2). This rule implements a status quo season 
(March closure), a 10-fish limit, and a 17 inch (43.2 cm) minimum size 
for GOM haddock for the private angling mode (Table 2).
    These mode-based measures balance the different needs of the for-
hire mode and the private mode and reduce discard mortality to the 
extent practicable. For-hire fishing operators and RAP advisors have 
repeatedly stated that high bag limits are beneficial for advertising 
and outreach to potential customers to increase for-hire trips and/or 
anglers per trip. Marketing trips and the resulting ``booking'' of 
trips are necessary to maintain the viability of for-hire businesses 
operations. The Council's recommendation for the 15-fish bag limit and 
increased minimum size recognizes the value of increased bookings to 
for-hire businesses and that the potential increased income from a 
higher bag limit, coupled with a higher minimum size, may result in 
some additional dead discards and reduced landings.
    While private anglers would normally benefit from a larger bag 
limit as well, in this case, there is greater benefit to private 
anglers in a smaller minimum size, which allows them to land more of 
the haddock they catch. Advertising and booking trips are not relevant 
to private anglers because they do not operate as businesses. Private 
anglers, and the recreational fishery as a whole, are expected to 
benefit from keeping the 17 inch (43.2 cm) minimum size because anglers 
will land more of the haddock they encounter. Because private anglers 
account for the majority of recreational fishing activity, dead 
discards will be reduced more as a result. Thus, the mode-based 
measures provide a more refined balance, as dead discards are projected 
to be reduced by implementing the smaller minimum size in the private 
mode without any expected adverse economic impact.

[[Page 54901]]



                         Table 1--Gulf of Maine Cod Status Quo and Implemented Measures
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                                                  Possession     Minimum size
                    GOM cod                          limit        inches (cm)              Open season
----------------------------------------------------------------------------------------------------------------
Status Quo Measures...........................               1       22 (55.9)  September 1-October 7, April 1-
                                                                                 14.
NMFS Final Measures...........................                                  September 1-October 31.
----------------------------------------------------------------------------------------------------------------


                       Table 2--Gulf of Maine Haddock Status Quo and Implemented Measures
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                                                  Private                        Private
                                     For hire      angler       For hire         angler
           GOM haddock              possession   possession   minimum  size   minimum  size      Open season
                                      limit        limit      inches  (cm)    inches  (cm)
----------------------------------------------------------------------------------------------------------------
Status Quo Measures..............             20
                                           17 (43.2)         May 1-February
                                                               28, April 1-
                                                                        30.
                                  ----------------------------------------------------------
NMFS Final Measures..............           15           10       18 (45.7)       17 (43.2)
----------------------------------------------------------------------------------------------------------------

Measures for the Georges Bank Cod

    Unlike GOM cod and haddock, the FMP does not set a sub-ACL for the 
recreational fishery each fishing year for Georges Bank (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. The catch target in Framework 65 is 113 mt.
    The FMP includes 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 no peer-reviewed bio-economic 
model available to evaluate the potential impacts of various 
recreational measures for GB cod. Instead, measures were 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 catch target of 113 mt in fishing year 2023. Current measures for 
GB cod were 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. Status quo measures would result in a 
landings reduction of about 28 percent if all states implemented 
complementary measures in 2023, so additional measures are needed to 
achieve the necessary 48-percent reduction.
    This rule eliminates the maximum size limit (slot), increases the 
minimum size from 22 to 23 inches (55.9 to 58.4 cm, respectively), and 
shifts the closed season back one month to close June, July, and August 
instead of May, June, and July (Table 3). These measures are consistent 
with the Council recommendation, and we expect these measures to 
adequately constrain total catch to the proposed 2023 catch target.

                                     Table 3--Georges Bank Cod Status Quo and Proposed and NMFS Implemented Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Possession   Minimum  size   Maximum size
                 GB cod                      limit       inches (cm)     inches (cm)           Open season                      Closed season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Status Quo Measures.....................            5       22 (55.9)       28 (71.1)  August 1-April 30..........  May 1-July 31.
NMFS Final Measures.....................                    23 (58.4)              NA  May 1-31, September 1-April  June 1-August 31.
                                                                                        30.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Comments and Responses

    We received comments on the proposed rule from the New England 
Fishery Management Council, Massachusetts Division of Marine Fisheries 
(MADMF), Rhode Island Party and Charter Boat Association (RIPCBA), 
Stellwagen Bank Charter Boat Association (SBCBA), and the Massachusetts 
Striped Bass Association (MSBA). We also received comments from 42 
individuals, of which the majority were for-hire fishing vessel 
operators or private recreational anglers. The majority of comments 
focused on the GOM haddock measures, and a few comments discussed GB 
and/or GOM cod measures, one comment was opposed to the proposed rule 
but did not elaborate further.
    Comment 1: Three commenters, including RIPCBA and MSBA, supported 
the proposed measures for GOM cod, and another individual supported the 
proposed change to the GOM cod season. The individual commenter also 
supported a larger minimum size for GOM cod, stating that a larger 
minimum size would have conservation benefits and that anglers value 
larger fish.
    Response: This rule implements the proposed measures for GOM cod, 
including the season modifications recommended by the Council. This 
action is not implementing a larger minimum size for cod because the 
proposed measures are expected to keep recreational catch below the GOM 
cod sub-ACL. Sub-ACLs are designed to prevent overfishing while 
allowing catch at levels that over the long-term help achieve optimum 
yield.
    Comment 2: Two commenters, both for-hire vessel operators, opposed 
the elimination of the status quo April 1 through April 14 open season 
for GOM cod. One stated that the April season generated customers for 
for-hire vessels during the spring season, and the other

[[Page 54902]]

argued an even longer spring season would benefit for-hire businesses 
and that an expanded fall season would not be as helpful because other 
species are available to anglers during the fall season.
    Response: This rule eliminates the April 1-14 open season for GOM 
cod, consistent with the Council recommendation. While the April season 
may provide some benefit to for-hire businesses, many for-hire 
businesses do not begin operations until later in the season and do not 
benefit from the April opening. The April season also provides minimal 
benefit to private anglers as very few private anglers are fishing in 
the GOM that time of year. The GOM cod measures are expected to 
increase overall opportunity for recreational anglers to harvest GOM 
cod while keeping catch below the 2023 recreational sub-ACL for GOM 
cod.
    Comment 3: SBCBA and one individual noted that their on-the-water 
observations include an abundance of all size classes of cod in 
Massachusetts state waters, Stellwagen Bank, east of Cape Cod, and 
Nantucket Shoals.
    Response: This action sets measures based on the 2023 recreational 
sub-ACL for GOM cod, which is informed by stock assessment 
determinations of the status and abundance of GOM cod. There can be 
considerable uncertainties in stock assessments, however, recent 
assessments have shown that the GOM cod stock is overfished. The stock 
declined substantially in recent years and is now near historic lows in 
terms of biomass. The current low ACL and recreational sub-ACL for GOM 
cod is intended to allow for future rebuilding of the stock. Evidence 
of strong recruitment of young cod is welcome news given the current 
status and history of the stock.
    Comment 4: SBCBA and one individual commented in support of mode-
based measures for GOM cod, in particular an open season for the for-
hire mode from April 15 through the end of May, as historically this 
time period was important to for-hire operators before other species 
become available.
    Response: This rule implements the proposed measures for GOM cod, 
which are expected to provide additional opportunities to harvest GOM 
cod while adequately restraining catch. NMFS has previously raised 
concerns about open seasons during the time period raised by the 
commenter, particularly because it overlaps with the Spring 
Massachusetts Bay Spawning Protection Area, which is closed to protect 
spawning activity from April 15 to April 30. Targeted fishing for cod 
should not occur during documented spawning time given the overfished 
status of GOM cod and the need to rebuild the resource to sustainable 
levels. Additionally, opening a season later than the April 1 through 
April 14 timeframe is likely to result in higher effort and catch. 
While NMFS did not evaluate an April 15 through May 31 opening using 
the bio-economic model, a season during that time would be expected to 
considerably increase catch of GOM cod.
    Comment 5: Several commenters supported the proposed measures to 
reduce catch of GB cod. Two organizations (RIPCBA and MSBA), supported 
the proposed measures for GB cod, while additional commenters supported 
the proposed May opening for GB cod and the elimination of the slot 
limit for GB cod. Two of these commenters also supported winter 
spawning protections for GB cod. RIPCBA and MSBA both supported mid-
Atlantic states adopting complementary measures to the proposed 
measures for GB cod in state waters.
    Response: This rule implements the proposed measures for GB cod, 
which are expected to constrain recreational catch of GB cod to the 
2023 recreational catch target. We are implementing proactive measures 
for GB cod, which are limited to measures aimed at achieving, but not 
exceeding, the recreational catch target. Spawning protections were not 
recommended by the Council and were not considered in this action as 
they are outside the scope of the proposed measures. We would support 
the Council considering additional spawning protections for GB cod in 
future actions that would impact both recreational and commercial 
fishing, particularly in the context of ongoing Council discussions 
about Atlantic cod stock structure. We coordinate with state fishery 
management agencies allowing them to have the opportunity to implement 
complementary measures for state waters within impacted stock areas.
    Comment 6: Two commenters opposed measures to further constrain 
recreational catch of GB cod; one opposed the closed season and the 
other supported status quo recreational measures for GB cod.
    Response: Status quo measures are not expected to adequately 
constrain recreational catch of GB cod. Additionally, because of the 
considerable recreational effort during the proposed closed season, 
more substantial changes to minimum or maximum sizes or the bag limit 
for GB cod would be needed to reduce recreational GB cod catch. We are 
implementing the proposed measures for GB cod, which are expected to 
constrain recreational catch to the 2023 recreational catch target for 
GB cod.
    Comment 7: SBCBA suggested the use of mode-based measures for GB 
cod, stating that separate seasons and bag limits for for-hire vessels 
would help with operators' business viability and the for-hire fleet 
accounts for a small portion of the overall catch of GB cod.
    Response: This rule is implementing the proposed measures for GB 
cod, which are expected to adequately constrain recreational catch, and 
is consistent with the Council recommendation. We did not consider 
mode-based measures for GB cod as they were not deemed necessary to 
balance varying needs of the for-hire and private recreational modes.
    Comment 8: One commenter supported status quo measures for GOM 
haddock for private anglers but urged consideration of using 
alternative methods to reduce discard mortality, including additional 
education for anglers, use of descending devices, and implementing 
circle hook requirements.
    Response: The bio-economic model indicates that status quo measures 
for recreational anglers for GOM haddock would likely result in catch 
exceeding the 2023 recreational sub-ACL for GOM haddock. As a result, 
we are implementing mode-based measures that are expected to constrain 
GOM haddock recreational catch below the 2023 recreational sub-ACL.
    While not considered in this rule, alternative management measures, 
including angler education programs, gear modifications, and 
recreational reporting have been discussed by the RAP. Future Council 
actions or recommendations could consider alternative measures to 
enhance the conservation of groundfish stocks. In recent years, MADMF 
led a study that resulted in resources, including maps that support 
anglers trying to target haddock and avoid cod in the GOM and reduce 
discard mortality of encountered fish; for more information on this 
effort visit https://www.mass.gov/guides/haddock-recreational-fishing-guide.
    Comment 9: We received 29 comments that supported the proposed 
mode-based measures for GOM haddock, with commenters including RIPCBA 
and SBCBA and a number of for-hire operators. Many of these commenters 
noted that the higher for-hire bag limit would have benefits for for-
hire businesses through increased bookings.
    Response: This rule is implementing mode-based measures for GOM 
haddock, as proposed. Responses to

[[Page 54903]]

surveys of recreational anglers generally show that recreational 
anglers get greater satisfaction from, and prefer to catch, more legal-
sized fish when given the opportunity. Marketing and booking trips is 
an integral part of the for-hire business model and their ability to 
produce income.
    The RAP recommended to the Council the 15-fish limit and 18-inch 
minimum size, based on for-hire vessel representations and knowledge of 
the for-hire business model, because those measures are expected to 
enhance for-hire marketing and ability to gain bookings in order to 
increase income. However, data show that increases in the bag limits do 
not necessarily result in increases in landings by individual anglers. 
The combination of this limit with the 18-inch minimum size constrains 
catch sufficiently, with a smaller increase in dead discards than would 
occur in the private angler fishery with the same bag and size limits. 
Mode-based measures allow the 15-fish bag limit and 18-in (45.7-cm) 
minimum fish size for for-hire anglers consistent with the Council 
recommendation. Because private recreational anglers are not businesses 
that rely on bookings, the 15-fish limit is not necessary and a 10-fish 
limit with the smaller 17-inch (43.2-cm) minimum size results in higher 
landings, reduced discards, and better outcomes for private 
recreational anglers as a whole.
    Comment 10: The Council reiterated its recommended measures for GOM 
haddock and provided additional context for the recommendation. MSBA 
and one individual also supported the Council-recommended measures for 
GOM haddock. The Council noted that the justifications for increasing 
the minimum size to 18 inches (45.7 cm) included that the large 2020 
year, class of GOM haddock would likely be around 18 inches (45.7 cm) 
in 2023, and that advisors noted that larger fish were more valued by 
anglers. The Council noted that their recommended measures were 
intended for both the for-hire and private modes, and that they 
considered broad input.
    Response: This rule is implementing the Council-recommended GOM 
haddock measures for the for-hire mode. We considered the clarifying 
justifications provided in the Council comment, but data do not support 
the assertion that the 2020 year, class of GOM haddock would reach 18 
inches (45.7 cm) in 2023. The bio-economic model predicting catch under 
different modes used recent survey catch data. The bio-economic model 
results using this information expects most of the GOM haddock 
encountered by anglers will be less than 18 inches (45.7 cm). The bio-
economic model also uses estimated angler preferences based on angler 
surveys. The surveys show that, while anglers value larger fish over 
smaller fish, anglers value kept fish much more highly than fish that 
are released. These factors increase the potential negative impacts on 
private anglers if they are held to an unnecessarily restrictive 18-
inch (45.7-cm) minimum size limit. The bio-economic model showed that 
the more restrictive minimum size would result in considerably lower 
landings and significantly higher dead discards under the Council's 
recommendation. By implementing Council-recommended measures for the 
for-hire fleet, and a 10-fish at 17 inches (43.2 cm) limit for private 
anglers, we are balancing the needs of the for-hire fleet with the goal 
of maximizing landings relative to the sub-ACL while reducing discards 
in the recreational fishery as a whole to the extent practicable, 
consistent with National Standard 9 considerations.
    Comment 11: Four commenters supported a 10-fish limit at 17 inches 
(43.2 cm) for all modes that was described, but not proposed, in the 
proposed rule. Another stated they would support, and their charter 
business would not be impacted by, a haddock bag limit as small as 
three or four fish. These commenters stated various reasons for their 
support of a smaller bag limit for all modes, including statements that 
higher haddock bag limits were wasteful, anglers rarely catch enough 
haddock to reach a limit and are happy with fewer haddock, that large 
limits of haddock are difficult for anglers and for-hire crews to 
handle, that for-hire operators would be better off with a smaller bag 
limit, and that there are other species available for anglers to target 
if they catch their limit of haddock. While one commenter suggested a 
larger haddock minimum size, another commented that the 17-inch (43.2-
cm) minimum size would allow anglers to keep more of the haddock they 
catch and increase the likelihood of anglers catching a smaller (10 or 
fewer) bag limit.
    Response: The results of the bio-economic model show that a 10-fish 
limit coupled with a status quo, 17-inch (43.2 cm) minimum size for GOM 
haddock would result in higher landings, lower dead discards, and more 
angler trips than the Council-recommended measures of a 15-fish bag 
limit at 18 inches (45.7 cm). As a result, we are implementing a 10-
fish at 17-inches (43.2 cm) limit for GOM haddock for private anglers 
but implementing the Council-recommended measures for the for-hire 
mode, where the economic benefit to for-hire businesses of a larger bag 
limit is a consideration. Marine Recreational Information Program 
(MRIP) data supports the assertion that very few anglers harvest more 
than 10 haddock per trip, whether on private or for-hire trips.
    Comment 12: Several commenters raised concerns about the use of 
mode-based measures for GOM haddock, including the Council, MSBA, and 
MADMF. Some of these commenters noted that the use of mode-based 
measures can be controversial or pit user groups against one another; 
that most anglers oppose mode-based measures; and that consideration of 
mode-based measures should only be considered in Council actions. Some 
of these commenters also noted that mode-based measures may lead to 
regulatory confusion, enforcement challenges, and impact the quality of 
MRIP data available to support future decision making. MSBA also stated 
that it was inappropriate for NMFS to consider marketing as a 
consideration in its decision making and disagreed with the summary of 
the Council and RAP discussions that led to the Council recommendation 
for a 15-fish haddock limit provided in the proposed rule.
    Response: This rule is implementing mode-based measures for GOM 
haddock to increase catch relative to the sub-ACL, reduce dead 
discards, and attempt to balance the different needs of the for-hire 
and private modes under the unique circumstances at play this fishing 
year. These mode-based measures for GOM haddock are effective only for 
fishing year 2023. Mode-based measures do not allocate catch to either 
mode and are not expected to result in more GOM haddock catch going to 
the for-hire mode. We estimate that the for-hire mode will trade 
landing fewer GOM haddock under these measures than under a 10-fish 
limit and 17-inch (43.2-cm) minimum size to achieve the higher 15-fish 
limit. However, for-hire interests revolve around their business model 
and operations. They have repeatedly asserted that they will benefit 
from the opportunity to have a higher bag limit. We are adopting the 
Council's recommendation for the for-hire fleet to accommodate the 
fleet's business needs and expected increased income and the slight 
increase in dead discards but are concerned these measures would 
unnecessarily limit landings and increase dead discards for the private 
mode.
    There is no prohibition against using mode-based measures. GOM cod 
measures that varied between private and for-hire modes have been 
approved

[[Page 54904]]

in the past in response to Covid-19 impacts on for-hire operations. 
Recreational fishing participants are accustomed to varying mode-based 
measures that are implemented in state fisheries. State agencies 
throughout the region, including MADMF, have implemented mode-based 
recreational measures for other species, including varying minimum 
sizes, seasons, bag limits, and aggregate vessel bag limits, to meet 
various management objectives.
    We agree that mode-based measures have historically been subject to 
various levels of public support, and mode-based allocations for this 
fishery have not been pursued because of significant concerns raised by 
many in the recreational fleet. Comments revealed various opinions 
across the recreational community. Most for-hire operators supported 
the proposed mode-based measures. Many private anglers supported 
consistency between modes, often with a preference for a smaller 
overall bag limit. There were no programmatic objections raised that 
require changing the mode-based measures.
    Another objection to mode-based measures is a concern about 
compliance and enforcement. We do not expect the mode-based measures to 
have a considerable impact on compliance, however. Many state fisheries 
and some federal fisheries, for example bluefish and tilefish, 
successfully use differing mode-based measures. Further, we intend to 
do outreach and provide resources to anglers trying to navigate the 
regulations. We do not anticipate that mode-based measures will limit 
the ability of enforcement agencies to determine when a violation has 
occurred.
    We share MADMF's concern that MRIP data available to support 
decision making in the region is limited and that estimates come with 
significant uncertainty. Mode-based measures may result in changes in 
the sampled landings and have other effects. But we are not concerned 
that mode-based measures alone will undermine the validity of MRIP data 
in the region. As discussed earlier, GOM haddock will be only one stock 
subject to mode-based measures this fishing year in the region. We 
expect any effect to be small and, therefore, have determined that the 
expected benefits of mode-based measures this fishing year outweigh the 
small risk of an impact to MRIP data quality. We agree that additional 
funding and innovations to support more effective recreational data 
collection in the region could improve datasets and create 
opportunities for more focused recreational management measures in the 
future.
    The Council recommended the 15-fish limit combined with the 18-inch 
minimum size in part on the basis of marketing benefits. We are 
accepting this part of the Council's rationale as it recognizes that 
booking trips is a primary business factor for the success of the for-
hire fleet. It further considers the relatively small increase in dead 
discards that may result. We are rejecting this combination for private 
anglers that do not rely on marketing and booking for successful 
fishing. Implementing the Council's recommended measures for the 
private recreational mode would result in reduced landings, increased 
dead discards, and make it less likely that the recreational fleet as a 
whole would achieve its sub-ACL for GOM haddock. Recreational 
management measures for cod and haddock must achieve, but not exceed, 
the sub-ACL's for the recreational fishery. Mode-based measures are 
expected to achieve this goal better than the Council-recommended 
measures for all modes.
    Comment 13: MADMF and MSBA presented analysis based on MRIP 
intercept data that indicated there is no statistically significant 
difference in the size of haddock landed by different recreational 
modes. They noted this is likely because private and for-hire anglers 
target GOM haddock in the same general areas using the same gear. MSBA 
argued that, based on this finding, NMFS must implement the Council-
recommended measures for GOM haddock. MADMF did not argue for any 
particular set of measures but did urge consideration of the MRIP-
intercept data and supported consistency between modes as described in 
our response to comment 12 above. MADMF also noted that, based on 
surveys, it is probable that for-hire operators overestimate the 
importance of high bag limits to for-hire anglers, their potential 
customers.
    Response: We agree with the commenters' interpretation of the MRIP-
intercept data. The available data do not show a distinct difference in 
the size of haddock landed by different recreational angling modes. We 
noted in the proposed rule that Council members and advisors have 
suggested that for-hire anglers fish further offshore and/or catch 
larger haddock than their private angler counterparts, but our decision 
was not contingent on any relationship between recreational mode and 
area fished or haddock size. The bio-economic model assumes that all 
modes encounter the same size distribution and provides an 
understanding of the trends and directional impacts of different 
measures. But it does not allow for direct comparison of mode-based 
measures such as different size encounters by mode. The model informed 
our understanding of the impacts of different sets of measures on the 
recreational fishery as a whole, which informed our decision to 
implement mode-based measures.
    The MRIP-intercept data for GOM haddock size by, and across, 
recreational modes suggest that an increase in the minimum size of GOM 
haddock above 17 inches (43.2 cm) is likely to significantly reduce 
landings and increase dead discards, regardless of mode. MADMF noted 
that the highest median length of landed GOM haddock across four recent 
fishing years for any mode was only 17.8 inches (45.2 cm). This 
suggests that an increase of the minimum size consistent with the 
Council recommendation of 18 inches (45.7 cm) will result in more than 
half of all the GOM haddock that would be able to be harvested with a 
17-inch (43.2-cm) minimum size being discarded, leading to much higher 
discard mortality for GOM haddock, and making it even more difficult 
for anglers to catch and keep their GOM haddock limit.
    The above conclusion supports our decision to implement a 10-fish 
at 17 inches (43.2 cm) limit for the private mode, as that regulation 
will lead to higher landings and lower dead discards than the Council-
recommended measures. Arguably, the finding that for-hire anglers are 
not harvesting larger haddock than their private angler counterparts 
would support implementing a 10-fish at 17-inches (43.2 cm) limit for 
the for-hire fleet as well. We ultimately found the Council 
recommendation appropriately considered the potential benefit of 
additional bookings for the for-hire fleet under a higher bag limit and 
chose to implement the Council-recommended measures for the for-hire 
mode.
    Comment 14: Three commenters stated that recreational fishing is 
not contributing as much to impacts on the fishery as commercial 
fishing, especially trawling, which commenters stated had a bigger 
impact. One of the commenters noted that they were concerned about the 
depletion of baitfish in near shore waters.
    Response: The measures in this rule constrain recreational fishery 
catch to catch limits and targets for GOM cod and haddock and GB cod; 
this rule did not consider changes to commercial measures or 
allocations between commercial and recreational fisheries.

[[Page 54905]]

    Comment 15: Two commenters stated that recreational fishing and 
booking a charter is becoming too expensive for anglers to continue to 
be interested in recreational fishing for groundfish.
    Response: The measures in this rule are intended to allow the 
recreational fishery to achieve, but not exceed, their sub-ACL's. NMFS 
cannot set management measures on the basis of the cost of fishing or 
booking trips.
    Comment 16: Two commenters stated that it is not clear when the 
proposed measures would be implemented (with no further explanation of 
concern). One noted just overall uncertainty while the other noted that 
it could impact a charter trip he had already booked for August 2023. 
One commenter asked that, in the future, regulations be in place by the 
start of the fishing year to avoid conflicts with trips that were 
already booked. Another commenter noted that major changes in 
recreational measures from year to year are a challenge for for-hire 
operators and anglers.
    Response: This rule implements the proposed measures for GOM cod 
and haddock and GB cod. Measures are effective immediately for federal 
waters, however, anglers should be aware that state-waters measures may 
differ. We share the commenters concerns about the timing of the 
implementation of future measures and agree that major changes between 
years can be challenging for anglers and for-hire businesses to adapt 
to. We will continue to work with the Council to consult on future 
recreational actions and to implement necessary changes to regulations 
as quickly as possible and closer to the start of the fishing year on 
May 1.
    Comment 17: One commenter stated that measures should be considered 
for other stocks including pollock, redfish, and cusk. Another 
commenter asked whether the status of Atlantic wolffish would be 
reevaluated and stated that he hoped anglers could be allowed to keep 
wolffish in the future.
    Response: The regulations allow NMFS to set Northeast multispecies 
recreational management measures for GB cod, and GOM cod and haddock. 
The Council could consider changes to recreational measures for 
Northeast multispecies stocks in a future action. Cusk is not currently 
managed under the Northeast Multispecies FMP. Management measures for 
cusk would require adding it to an FMP through the Council process. 
Atlantic wolffish was last assessed in 2022. The assessment concluded 
that the stock is currently overfished. Due to its status, both 
commercial and recreational vessels are prohibited from possessing 
Atlantic wolffish.

Changes From the Proposed Rule

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

Classification

    NMFS is issuing this final rule pursuant to section 305(d) of the 
Magnuson-Stevens Act. In a previous action taken pursuant to section 
304(b), the Council designed the FMP to specify the process for 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 final rule is consistent with the Northeast Multispecies FMP 
and other applicable law.
    The Assistant Administrator for Fisheries finds that there is good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the date of 
effectiveness for this action. This final rule must be implemented as 
soon as possible reduce the potential for overfishing and avoid 
regulatory confusion. The regulations governing development and 
implementation of these measures are designed to facilitate 
implementation in a timely way that accounts for measures that are 
annual and seasonal. The fishing year begins May 31 each year, though 
delays in receiving, as happened here, information required to develop 
measures and the public process for developing such measures at times 
can result in implementing measures after that date. Recreational 
measures also often include seasonal restrictions or modifications 
designed with timing requirements essential to meeting their 
conservation and management goals and objectives.
    A delay in the implementation of measures may result in overages or 
overfishing. For GOM haddock, less restrictive status quo measures have 
been in effect since May 1, 2023, potentially increasing catch above 
the levels predicted in the bio-economic model and raising the 
likelihood of an overage. GOM haddock is subject to overfishing and 
these new measures in the recreational fishery to help prevent 
overfishing are important components of the overall set of measures 
(for commercial and recreational fishing) to prevent overfishing. For 
GB cod, the August 1 start of the proposed August closure which was 
recommended to limit cod catch and help prevent overfishing has already 
passed. Further delay would increase the potential that recreational 
harvest could contribute to excess catch relative to estimates and may 
contribute to possible overfishing of the GB cod stock. Exceeding catch 
targets may require more restrictive measures in the following fishing 
year that could result in lost fishing opportunities and adverse 
economic impacts.
    The current delay, and further delay, of implementing this rule 
will result in regulatory confusion for the industry. Recreational 
stakeholders are well aware of the proposed measures but are currently 
fishing under last year's different measures. NMFS has received 
numerous requests for clarification on what measures anglers should be 
following and when measures will be implemented. This includes 
questions about the haddock limits and the August closure for GB cod. A 
delay also has the potential to negatively impact for-hire fishing 
business operations and angler's fishing trip bookings as fishing 
charter companies and anglers wait for the final measures to be 
implemented.
    For GOM cod, a delay in implementation of regulations expanding the 
fall season may result in reduced or delayed bookings for for-hire 
vessels during that season. If the measures in this rule are delayed, 
anglers may cancel reservations or try to reschedule trips for other 
dates; some operators may have to reimburse clients for trips already 
booked, reserved, or paid for. This could also hurt the business 
relationships between for-hire operators and their clients, leading to 
longer-term economic impacts for operators. For GB cod, trips that are 
already booked in August would need to be canceled with immediate 
implementation of this action. However, in this instance, the need for 
the August closure to help prevent overfishing supersedes the concern 
about booking trips. In addition, if we announce a delay in 
effectiveness past August, anglers will book trips in August, thereby 
ensuring that the benefits of the August closure would be undermined.
    Furthermore, anglers and for-hire operators who are subject to this 
action expect timely implementation to provide regulatory certainty, 
prevent overages and overfishing, and prevent adverse economic impacts. 
This final rule follows a process for setting yearly measures that are 
familiar to, and anticipated by, fishery participants. During the 
development of this rule, and in particular after the proposed rule 
comment period ended, private anglers and for-hire vessel owners and 
operators sought information from NMFS about the status and timing of 
the implementation of these measures. They regularly urged NMFS to 
finalize the

[[Page 54906]]

measures so that the measures for the year would take effect as 
intended.
    For these reasons, a 30-day delay in the date of effectiveness for 
this final rule is unnecessary, impracticable and contrary to the 
public interest.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification, which was published 
in the proposed rule, has not changed and is not repeated here. No 
comments were received regarding this certification. As a result, a 
final regulatory flexibility analysis was not required and none was 
prepared.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: August 8, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS is amending 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  minimum  Private  minimum  size       Maximum  size
                                                    size         -----------------------------------------------
                 Species                 ------------------------
                                            Inches        cm        Inches        cm        Inches        cm
----------------------------------------------------------------------------------------------------------------
Cod:
    Inside GOM Regulated Mesh Area \1\..          22        55.9          22        55.9         N/A         N/A
    Outside GOM Regulated Mesh Area \1\.          23        58.4          23        58.4         N/A         N/A
Haddock:
    Inside GOM Regulated Mesh Area \1\..          18        45.7          17        43.2         N/A         N/A
    Outside GOM Regulated Mesh Area \1\.          18        45.7          18        45.7         N/A         N/A
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.

[[Page 54907]]

 
Ocean Pout..........................  CLOSED.................  No retention.............  All Year.
                                     ---------------------------------------------------------------------------
Atlantic Halibut....................                             See paragraph (c)(3).
                                     ---------------------------------------------------------------------------
Atlantic Wolffish...................  CLOSED.................  No retention.............  All Year.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (2) * * *

                                           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. 2023-17321 Filed 8-11-23; 8:45 am]
BILLING CODE 3510-22-P