Federal Register, Volume 88 Issue 155 (Monday, August 14, 2023)

[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
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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.
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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.
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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