[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Rules and Regulations]
[Pages 59845-59850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16259]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240719-0200]
RIN 0648-BM90


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Fishing Year 2024 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 2024 recreational 
management measures for Gulf of Maine (GOM) cod and GOM haddock. The 
measures are necessary to ensure the recreational fishery achieves, but 
does not exceed, fishing year 2024 catch limits for GOM cod and GOM 
haddock. Recreational measures for Georges Bank (GB) cod will remain 
unchanged in fishing year 2024.

DATES: This rule is effective July 24, 2024.

ADDRESSES: To review the 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: Mark Grant, Fishery Policy Analyst, 
(978) 281-9145.

SUPPLEMENTARY INFORMATION: 

Background

Measures for the GOM

    The recreational fishery for GOM cod and GOM haddock is managed 
under the Northeast Multispecies Fishery Management Plan (FMP). The 
multispecies fishing year starts on May 1 and runs through April 30 of 
the following calendar year. The FMP sets sub-annual catch limits (sub-
ACL) for the recreational fishery each fishing year for both stocks. 
These sub-ACLs are a fixed proportion of the overall catch limit for 
each stock. The FMP also includes proactive recreational accountability 
measures (AM) to prevent the recreational sub-ACLs from being exceeded 
and reactive AMs to correct the cause, or mitigate the effects, of an 
overage if one occurs.
    The proactive AM provision in the FMP provides a process for the 
Regional Administrator, in consultation with the New England Fishery 
Management Council (Council), to develop recreational management 
measures for the upcoming fishing year to ensure that the recreational 
sub-ACL is achieved, but not exceeded. The provisions governing this 
action can be found in the FMP's implementing regulations at 50 CFR 
648.89(f)(3).
    The 2024 recreational sub-ACL for GOM cod, established by Framework 
Adjustment 63 (87 FR 42375, July 15, 2022), is 192 metric tons (mt), 
and remains the same as the 2023 recreational sub-ACL. The 2024 
recreational sub-ACL for GOM haddock, established by Framework 
Adjustment 66 (89 FR 35755, May 2, 2024), is 759 mt, which is a 4-
percent reduction from the 2023 sub-ACL of 793 mt.
    The proposed rule for this action (89 FR 43364, May 17, 2024) 
included information about the bio-economic model simulations that were 
shared with the Council, its Recreational Advisory Panel (RAP), and its 
Groundfish Oversight Committee (Committee). That information, and 
details about the Council, Committee, and RAP discussions, are not 
described further in this rule.
    The RAP, the Committee, and the Council agreed on preferred 
measures and the Council formally recommended a suite of measures to 
NMFS on February 2, 2024. The Council recommended maintaining the GOM

[[Page 59846]]

cod open season and 1-fish bag limit, and increasing the minimum fish 
size from 22 inches (55.9 centimeters (cm)) to 23 inches (58.4 cm); 
combined with maintaining the GOM haddock open season, increasing the 
minimum GOM haddock fish size from 17 inches (43.2 cm) to 18 inches 
(45.7 cm) for private recreational vessels, and increasing the GOM 
haddock bag limit from 10 fish to 15 fish for private recreational 
vessels. These changes make the recreational GOM haddock measures the 
same for all recreational vessels, rather than having different bag 
limits and minimum fish sizes for private vessels and for-hire vessels, 
as was implemented for the 2023 fishing year. The model projected that 
maintaining that suite of measures for GOM haddock measures would not 
sufficiently constrain catch to the quota. The new measures are 
expected to adequately constrain recreational catch of GOM cod and GOM 
haddock, based on the bio-economic model estimates. NMFS is 
implementing this rule upon our determination that the Council 
recommendations comply with the Magnuson-Stevens Fishery Conservation 
and Management Act (MSA) requirements that management measures be based 
in the best available science for GOM cod and GOM haddock for fishing 
year 2024 (table 1).

[[Page 59847]]



                  Table 1--Summary of GOM Status Quo Measures and Final 2024 Measures, With Model Estimates of Catch and the Probability of Catch Remaining Below the Sub-ACLs
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                                                                         GOM haddock                                                                        GOM cod
                               -----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Private
                                               Private     For hire     angler                                        %                      Minimum                                      %
                                  For hire      angler      minimum     minimum                       Projected  Simulations   Possession     size                        Projected  Simulations
                                 possession   possession     size        size        Open season     catch (mt)     under        limit       inches       Open season    catch (mt)   under cod
                                   limit        limit       inches      inches                                   haddock sub-                 (cm)                                     sub-ACL
                                                             (cm)        (cm)                                        ACL
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Status Quo Measures...........           15           10   18 (45.7)   17 (43.2)  May 1-February 28/     577.87          100            1   22 (55.9)  September 1-          200.21           34
                                                                                   29 and April 1-                                                      October 31.
                                                                                   April 30.
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Final 2024 Measures...........             15
                                        18 (45.7)             May 1-      517.68  100..............           1    23 (58.4)  September 1-     181.69  63..............
                                                            February                                                           October 31
                                                           28/29 and
                                                            April 1-
                                                            April 30
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[[Page 59848]]

Measures for GB

    This rule also announces that the current recreational measures for 
GB cod will remain in place for fishing year 2024. The Council reviewed 
the GB cod recreational catch and effort information provided by NMFS. 
This information shows that maintaining the status quo measures for GB 
cod would likely keep recreational catches close to the catch target of 
113 mt in fishing year 2024, consistent with regulations for 
establishing GB cod recreational measures at 50 CFR 648.89(g).

Comments and Responses

    NMFS received two comments on the proposed rule from one individual 
and from the Massachusetts Division of Marine Fisheries (MADMF).
    Comment 1: One individual commented that the possession limits 
applied to for-hire vessels should be further considered and limited to 
eight fish per person fishing on a vessel because allowing possession 
of fish by adding the captain and mate to the possession limit can 
exceed the possession limit based on the number of paying customers.
    Response: NMFS is approving the measures as proposed.
    The measures in this rule are intended to allow the recreational 
fishery to achieve, but not exceed, the recreational sub-ACLs. The 
possession limit for a vessel is calculated based on the number of 
individuals aboard the vessel, including a vessel's captain or crew on 
a for-hire vessel, or non-fishing passengers on a private vessel. The 
bio-economic model used to analyze recreational measures accounts for 
potential possession by a captain or crew and includes all catch. Thus, 
the measures are designed to constrain catch to the limit or target, 
even accounting for captain or crew possession. Nevertheless, available 
data suggest for-hire vessels typically do not fully harvest the 
possession limit on every trip.
    Comment 2: MADMF submitted a letter supporting the proposed 
measures. In particular, MADMF supported setting uniform recreational 
regulations for GOM haddock across all recreational fishing modes. 
MADMF highlighted that recreational measures that differ by mode may 
affect the uncertainty of catch estimates derived from the Marine 
Recreational Information Program.
    MADMF also raised a concern regarding delays in annual revisions to 
recreational measures that result in implementing recreational measures 
after the start of the fishing year. MADMF suggested setting regulatory 
measures for periods of 2 to 3 years.
    Response: The proposed measures are appropriate for fishing year 
2024, and NMFS is implementing the measures as proposed.
    NMFS will continue to work to publish a final recreational rule 
prior to the start of the fishing year. As noted by MADMF in its 
comment, analyzing recreational measures relies on updating the bio-
economic model with catch data from the most recent fishing year. Those 
data are not available until late in the calendar year. As a result, it 
is challenging to develop potential measures, consult with the Council, 
and implement changes prior to the start of the fishing year on May 1.
    The Council and its RAP could investigate alternative approaches to 
setting recreational measures for multiple years. The FMP sets sub-ACLs 
for the recreational fishery for each fishing year. These sub-ACLs have 
the potential to differ year to year, based on the most recent science, 
and static recreational measures may not be sufficient to ensure that 
the recreational sub-ACL is achieved, but not exceeded. However, there 
may be approaches to developing recreational measures that may stay in 
place for multiple years.

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 
MSA. In a previous action taken pursuant to section 304(b), the FMP was 
designed 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, the MSA, and other 
applicable law.
    The Assistant Administrator for Fisheries finds that there is good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the date of 
effectiveness for this action. This final rule must be implemented as 
soon as possible to 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 for annual and seasonal measures. The 
fishing year begins May 1 each year, but catch data necessary to update 
the bio-economic model is not available until late in the previous 
calendar year. Using the updated model to evaluate potential measures, 
and the public process for developing such measures, at times can 
result in implementing measures after May 1, as happened here. Due to 
timing constraints resulting from the Council-recommend measures being 
finalized on January 31, 2024, NMFS was unable to publish a proposed 
rule until May 17, 2024 (89 FR 43364). The comment period for that rule 
ended on June 3, 2024. NMFS required additional time to consider the 
comments received and develop this final rule.
    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 for private 
recreational fishing vessels have been in effect since May 1, 2024, 
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 recreational measures are part of 
the overall set of measures designed for commercial and recreational 
fishing to prevent overfishing.
    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 
that would arise from an overage. This final rule follows a process for 
setting yearly measures that is familiar to, and anticipated by, 
fishery participants. During the development of this rule, and, in 
particular, after the proposed rule comment period ended, state natural 
resource agencies sought information from NMFS about the status and 
timing of the implementation of these measures, because of their need 
to revise state measures to match Federal measures and to inform their 
state rulemaking processes. They regularly urged NMFS to finalize the 
measures as quickly as practicable.

[[Page 59849]]

    The open season for GOM cod does not begin until September 1. As a 
result, there will be more than 30 days after publication of this rule 
before members of the recreational fishing community will be affected 
by the change to the minimum size for GOM cod and state resource 
agencies will have greater than 30 days after publication of this rule 
to follow their state processes for revising recreational measures.
    For these reasons, a 30-day delay in the date of effectiveness for 
this final rule is unnecessary, impracticable, and contrary to the 
public interest.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification, which was published 
in the proposed rule, has not changed and is not repeated here. No 
comments were received regarding this certification. As a result, a 
final regulatory flexibility analysis was not required and none was 
prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 19, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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. Amend Sec.  648.89, by revising table 1 to paragraph (b)(1) and 
table 2 to paragraph (c)(1)(i) to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

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

                                           Table 1 to Paragraph (b)(1)
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                                                    Charter/party     Private minimum size      Maximum size
                                                    minimum size     -------------------------------------------
                    Species                    ----------------------
                                                  inches       cm       inches       cm       inches       cm
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Cod:
    Inside GOM Regulated Mesh Area \1\........         23       58.4         23       58.4        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         18       45.7        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
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\1\ GOM Regulated Mesh Area specified in Sec.   648.80(a).

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

                                         Table 2 to Paragraph (c)(1)(i)
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               Stock                       Open season             Possession limit            Closed season
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GB Cod.............................  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.

[[Page 59850]]

 
Northern Windowpane Flounder.......  CLOSED................  No retention................  All Year.
Southern Windowpane Flounder.......  CLOSED................  No retention................  All Year.
Ocean Pout.........................  CLOSED................  No retention................  All Year.
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Atlantic Halibut...................                     See paragraph (c)(3) of this section.
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Atlantic Wolffish..................  CLOSED................  No retention................  All Year.
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[FR Doc. 2024-16259 Filed 7-23-24; 8:45 am]
BILLING CODE 3510-22-P