Rule2022-15065
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 63
Primary source
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Published
July 15, 2022
Effective
July 15, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This action approves and implements Framework Adjustment 63 to the Northeast Multispecies Fishery Management Plan. This rule sets or adjusts catch limits for 5 of the 20 multispecies (groundfish) stocks, adjusts recreational measures for Georges Bank cod, and revises the default specifications process. This action is necessary to respond to updated scientific information and to achieve the goals and objectives of the fishery management plan. The final measures are intended to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best scientific information available.
Full Text
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<title>Federal Register, Volume 87 Issue 135 (Friday, July 15, 2022)</title>
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[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Rules and Regulations]
[Pages 42375-42390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15065]
[[Page 42375]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220711-0151]
RIN 0648-BL12
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 63
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action approves and implements Framework Adjustment 63 to
the Northeast Multispecies Fishery Management Plan. This rule sets or
adjusts catch limits for 5 of the 20 multispecies (groundfish) stocks,
adjusts recreational measures for Georges Bank cod, and revises the
default specifications process. This action is necessary to respond to
updated scientific information and to achieve the goals and objectives
of the fishery management plan. The final measures are intended to help
prevent overfishing, rebuild overfished stocks, achieve optimum yield,
and ensure that management measures are based on the best scientific
information available.
DATES: Effective July 15, 2022.
ADDRESSES: Copies of Framework Adjustment 63, including the draft
Environmental Assessment, the Regulatory Impact Review, and the
Regulatory Flexibility Act Analysis prepared by the New England Fishery
Management Council in support of this action, are available from Thomas
A. Nies, Executive Director, New England Fishery Management Council, 50
Water Street, Mill 2, Newburyport, MA 01950. The supporting documents
are also accessible via the internet at: <a href="http://www.nefmc.org/management-plans/northeast-multispecies">http://www.nefmc.org/management-plans/northeast-multispecies</a> or <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Policy Analyst,
phone: 978-282-8493; email: <a href="/cdn-cgi/l/email-protection#e0ac899aceb3958c8c8996818ea08e8f8181ce878f96"><span class="__cf_email__" data-cfemail="3d715447136e485151544b5c537d53525c5c135a524b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Summary of Approved Measures
The New England Fishery Management Council adopted Framework
Adjustment 63 to the Northeast Multispecies Fishery Management Plan
(FMP) on December 8, 2021. The Council submitted Framework 63,
including an EA, for NMFS approval on March 28, 2022. We published a
proposed rule for Framework 63 on April 20, 2022 (87 FR 23482), with a
15-day comment period that closed on May 5, 2022.
Under the Magnuson-Stevens Act, we approve, disapprove, or
partially approve measures that the Council proposes, based on
consistency with the Act and other applicable law. We review proposed
regulations for consistency with the fishery management plan, plan
amendment, the Magnuson-Stevens Act and other applicable law, and
publish the proposed regulations, solicit public comment, and
promulgate the final regulations. We have approved all of the measures
in Framework 63 recommended by the Council, as described below. The
measures implemented in this final rule:
<bullet> Set shared U.S./Canada quotas for Georges Bank (GB)
yellowtail flounder and eastern GB cod and haddock for fishing years
2022 and 2023;
<bullet> Set specifications, including catch limits, for five
groundfish stocks: Gulf of Maine (GOM) cod (2022-2024), GB yellowtail
flounder (2022-2023), and GB cod, GB haddock, and white hake (2022);
<bullet> Adjust recreational measures for GB cod;
<bullet> Modify the regulatory process for the Regional
Administrator to adjust recreational measures for GB cod to apply to
the 2023 and 2024 fishing years, and;
<bullet> Modify the current process for default specifications.
This action also makes regulatory corrections that are not part of
Framework 63, but that are implemented under our section 305(d)
authority in the Magnuson-Stevens Act to make changes necessary to
carry out the FMP. We are making these corrections in conjunction with
the Framework 63 measures for expediency purposes. These corrections
are described in Regulatory Corrections under Secretarial Authority.
Fishing Years 2022 and 2023 Shared U.S./Canada Quotas
Management of Transboundary Georges Bank Stocks
As described in the proposed rule, eastern GB cod, eastern GB
haddock, and GB yellowtail flounder are jointly managed with Canada
under the United States/Canada Resource Sharing Understanding. This
action adopts shared U.S./Canada quotas for these stocks for fishing
year 2022 based on 2021 assessments and the recommendations of the
Transboundary Management Guidance Committee (TMGC) and consistent with
the Council's Scientific and Statistical Committee (SSC)
recommendations. Framework 63 sets the same shared quotas for a second
year (i.e., for fishing year 2023) as placeholders, with the
expectation that those quotas will be reviewed annually and new
recommendations will be received from the TMGC. The 2022 and 2023
shared U.S./Canada quotas, and each country's allocation, are listed in
Table 1.
Table 1--2022 and 2023 Fishing Years U.S./Canada Quotas (mt, live weight) and Percent of Quota Allocated to Each
Country
----------------------------------------------------------------------------------------------------------------
Quota Eastern GB cod Eastern GB haddock GB yellowtail flounder
----------------------------------------------------------------------------------------------------------------
Total Shared Quota................... 571.................... 14,100................. 200.
U.S. Quota........................... 160 (28 percent)....... 6,627 (47 percent)..... 122 (61 percent).
Canadian Quota....................... 411 (72 percent)....... 7,473 (53 percent)..... 78 (39 percent).
----------------------------------------------------------------------------------------------------------------
The regulations implementing the U.S./Canada Resource Sharing
Understanding require deducting any overages of the U.S. quota for
eastern GB cod, eastern GB haddock, or GB yellowtail flounder from the
U.S. quota in the following fishing year. Based on preliminary data
through April 27, 2022, the U.S. fishery did not exceed its 2021
fishing year quota for any of the shared stocks. However, if final
catch information for the 2021 fishing year indicates that the U.S.
fishery exceeded its quota for any of the shared stocks, we will reduce
the respective U.S. quotas for the 2022 fishing year in an adjustment
action, as soon as possible in the 2022 fishing year. If any fishery
that
[[Page 42376]]
is allocated a portion of the U.S. quota exceeds its allocation and
causes an overage of the overall U.S. quota, the overage reduction
would be applied only to that fishery's allocation in the following
fishing year. This ensures that catch by one component of the overall
fishery does not negatively affect another component of the overall
fishery.
Catch Limits for Fishing Years 2022-2024
Summary of the Catch Limits
This rule adopts catch limits for GOM cod for the 2022-2024 fishing
years and for GB cod for the 2022 fishing year, based on stock
assessments completed in 2021; a catch limit for white hake for fishing
year 2022, based on the revised rebuilding plan implemented by
Framework 61; and a catch limit for GB yellowtail flounder for fishing
years 2022-2023. Framework 59 (85 FR 45794; July 30, 2020) previously
set 2022 quotas for seven groundfish stocks based on assessments
conducted in 2019, which would remain in place, with a small change to
the U.S. ABC for GB haddock, which is the amount available to the U.S.
fishery after accounting for Canadian catch, to reflect the 2022 TMGC
recommendation for that stock. Framework 61 (86 FR 40353; July 28,
2021) previously set 2022-2023 quotas for the remaining nine groundfish
stocks based on assessments conducted in 2020, and those would also
remain in place. The catch limits implemented in this action, including
overfishing limits (OFL), acceptable biological catches (ABC), and
annual catch limits (ACL), are listed in Tables 2 through 10. A summary
of how these catch limits were developed, including the distribution to
the various fishery components, was provided in the proposed rule and
in Appendix II (Calculation of Northeast Multispecies Annual Catch
Limits, FY 2022-FY 2024) to the EA, and is not repeated here. The
sector and common pool sub-ACLs implemented in this action are based on
fishing year 2022 potential sector contributions (PSC) and final
fishing year 2022 sector rosters.
Table 2--Fishing Years 2022-2024 Overfishing Limits and Acceptable Biological Catches
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 2023 2024
Stock -------------------------------- Percent change ---------------------------------------------------------------
OFL U.S. ABC from 2021 OFL U.S. ABC OFL U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.................................. UNK 343 -73.78 .............. .............. .............. ..............
GOM Cod................................. 724 551 0 853 551 980 551
GB Haddock.............................. 114,925 81,383 -2 .............. .............. .............. ..............
GOM Haddock............................. 14,834 11,526 -31 .............. .............. .............. ..............
GB Yellowtail Flounder.................. UNK 122 53 UNK 122 .............. ..............
SNE/MA Yellowtail Flounder.............. 184 22 0 .............. .............. .............. ..............
CC/GOM Yellowtail Flounder.............. 1,116 823 0 .............. .............. .............. ..............
American Plaice......................... 3,687 2,825 -2 .............. .............. .............. ..............
Witch Flounder.......................... UNK 1,483 0 .............. .............. .............. ..............
GB Winter Flounder...................... 974 608 0 1,431 608 .............. ..............
GOM Winter Flounder..................... 662 497 0 662 497 .............. ..............
SNE/MA Winter Flounder.................. 1,438 456 0 1,438 456 .............. ..............
Redfish................................. 13,354 10,062 -1 13,229 9,967 .............. ..............
White Hake.............................. 3,022 2,116 -1 .............. .............. .............. ..............
Pollock................................. 21,744 16,812 -24 .............. .............. .............. ..............
N. Windowpane Flounder.................. UNK 160 0 UNK 160 .............. ..............
S. Windowpane Flounder.................. 513 384 0 513 384 .............. ..............
Ocean Pout.............................. 125 87 0 125 87 .............. ..............
Atlantic Halibut........................ UNK 101 0 UNK 101 .............. ..............
Atlantic Wolffish....................... 122 92 0 122 92 .............. ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
UNK = Unknown.
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits would be set in a future action.
Table 3--Catch Limits for the 2022 Fishing Year
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Common Midwater Small-
Stock Total ACL Groundfish Sector pool sub- Recreational trawl Scallop mesh State waters Other sub-
sub-ACL sub-ACL ACL sub-ACL fishery fishery fisheries sub-component component
A to H A+B+C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................................................ 330 244 238 6 .............. ......... ......... .......... 11 75
GOM Cod....................................................... 522 462 261 8.8 192 ......... ......... .......... 48 12
GB Haddock.................................................... 77,302 75,382 74,375 1,007 .............. 1,514 ......... .......... 0 406
GOM Haddock................................................... 10,873 10,690 6,915 141 3,634 107 ......... .......... 38 38
GB Yellowtail Flounder........................................ 118 97 94 3.0 .............. ......... 19 2.3 0.0 0.0
SNE/MA Yellowtail Flounder.................................... 21 16 12 3.4 .............. ......... 2.0 .......... 0.2 3.3
CC/GOM Yellowtail Flounder.................................... 787 692 661 31 .............. ......... ......... .......... 58 37
American Plaice............................................... 2,687 2,630 2,566 64 .............. ......... ......... .......... 28 28
[[Page 42377]]
Witch Flounder................................................ 1,414 1,317 1,277 40 .............. ......... ......... .......... 44 52
GB Winter Flounder............................................ 591 563 551 12 .............. ......... ......... .......... 0 27
GOM Winter Flounder........................................... 482 281 259 22 .............. ......... ......... .......... 194 7.5
SNE/MA Winter Flounder........................................ 441 288 250 38 .............. ......... ......... .......... 21 132
Redfish....................................................... 9,559 9,559 9,459 100 .............. ......... ......... .......... 0 0
White Hake.................................................... 2,011 1,990 1,970 20 .............. ......... ......... .......... 11 11
Pollock....................................................... 16,068 14,135 14,020 115 .............. ......... ......... .......... 1,093 841
N. Windowpane Flounder........................................ 150 108 na 108 .............. ......... 31 .......... 0.8 10
S. Windowpane Flounder........................................ 371 43 na 43 .............. ......... 129 .......... 23 177
Ocean Pout.................................................... 83 50 na 50 .............. ......... ......... .......... 0 33
Atlantic Halibut.............................................. 97 73 na 73 .............. ......... ......... .......... 20 3.5
Atlantic Wolffish............................................. 86 86 na 86 .............. ......... ......... .......... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors.
Table 4--Catch Limits for the 2023 Fishing Year *
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Common Midwater Small-
Stock Total ACL Groundfish Sector pool sub- Recreational trawl Scallop mesh State waters Other sub-
sub-ACL sub-ACL ACL sub-ACL fishery fishery fisheries sub-component component
A to H A+B+C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Cod....................................................... 522 462 261 8.8 192 ......... ......... .......... 48 12
GB Yellowtail Flounder........................................ 118 97 94 3.0 .............. ......... 19 2.3 0 0
GB Winter Flounder............................................ 591 563 551 12 .............. ......... ......... .......... 0 27
GOM Winter Flounder........................................... 482 281 259 22 .............. ......... ......... .......... 194 7.5
SNE/MA Winter Flounder........................................ 441 288 250 38 .............. ......... ......... .......... 21 132
Redfish....................................................... 9,469 9,469 9,370 99 .............. ......... ......... .......... 0 0
N. Windowpane Flounder........................................ 150 108 na 108 .............. ......... 31 .......... 0.8 10
S. Windowpane Flounder........................................ 371 43 na 43 .............. ......... 129 .......... 23 177
Ocean Pout.................................................... 83 50 na 50 .............. ......... ......... .......... 0 33
Atlantic Halibut.............................................. 97 73 na 73 .............. ......... ......... .......... 20 3.5
Atlantic Wolffish............................................. 86 86 na 86 .............. ......... ......... .......... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors.
* All other Northeast multispecies stocks not included in Table 4 do not have catch limits approved beyond fishing year 2022.
Table 5--Catch Limits for the 2024 Fishing Year *
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Common Midwater Small-
Stock Total ACL Groundfish Sector pool sub- Recreational trawl Scallop mesh State waters Other sub-
sub-ACL sub-ACL ACL sub-ACL fishery fishery isheries sub-component component
A to H A+B+C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Cod....................................................... 522 462 261 9 192 ......... ......... .......... 48 12
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Framework 63 sets a fishing year 2024 catch limit for GOM cod only.
Table 6--Fishing Years 2022-2024 Common Pool Trimester TACs
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 2023 2024
Stock ----------------------------------------------------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................... 1.8 2.1 2.4 ........... ........... ............ ........... ........... ...........
GOM Cod.......................... 4.3 2.9 1.6 4.3 2.9 1.6 4.3 2.9 1.6
GB Haddock....................... 271.8 332.3 402.7 ........... ........... ............ ........... ........... ...........
GOM Haddock...................... 38.0 36.6 66.2 ........... ........... ............ ........... ........... ...........
GB Yellowtail Flounder........... 0.6 0.9 1.5 0.6 0.9 1.5 ........... ........... ...........
SNE/MA Yellowtail Flounder....... 0.7 1.0 1.7 ........... ........... ............ ........... ........... ...........
CC/GOM Yellowtail Flounder....... 17.8 8.1 5.3 ........... ........... ............ ........... ........... ...........
American Plaice.................. 47.3 5.1 11.5 ........... ........... ............ ........... ........... ...........
[[Page 42378]]
Witch Flounder................... 21.9 8.0 10.0 ........... ........... ............ ........... ........... ...........
GB Winter Flounder............... 1.0 2.9 8.2 1.0 2.9 8.2 ........... ........... ...........
GOM Winter Flounder.............. 8.0 8.2 5.4 8.0 8.2 5.4 ........... ........... ...........
Redfish.......................... 24.9 30.9 43.8 24.7 30.6 43.4 ........... ........... ...........
White Hake....................... 7.6 6.2 6.2 ........... ........... ............ ........... ........... ...........
Pollock.......................... 32.1 40.1 42.4 ........... ........... ............ ........... ........... ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7--Common Pool Incidental Catch TACs for the 2022-2024 Fishing Years
[mt, live weight]
----------------------------------------------------------------------------------------------------------------
Percentage of
Stock common pool sub- 2022 2023 2024
ACL
----------------------------------------------------------------------------------------------------------------
GB Cod......................................... 1.68 0.11 .............. ..............
GOM Cod........................................ 1 0.09 0.09 0.09
GB Yellowtail Flounder......................... 2 0.06 0.06 ..............
CC/GOM Yellowtail Flounder..................... 1 0.31 .............. ..............
American Plaice................................ 5 3.20 .............. ..............
Witch Flounder................................. 5 1.99 .............. ..............
SNE/MA Winter Flounder......................... 1 0.38 0.38 ..............
----------------------------------------------------------------------------------------------------------------
Table 8--Percentage of Incidental Catch TACs Distributed to Each Special
Management Program
------------------------------------------------------------------------
Regular B DAS Eastern U.S./
Stock program CA haddock SAP
(percent) (percent)
------------------------------------------------------------------------
GB Cod.................................. 60 40
GOM Cod................................. 100 n/a
GB Yellowtail Flounder.................. 50 50
CC/GOM Yellowtail Flounder.............. 100 n/a
American Plaice......................... 100 n/a
Witch Flounder.......................... 100 n/a
SNE/MA Winter Flounder.................. 100 n/a
------------------------------------------------------------------------
Table 9--Fishing Years 2022-2024 Incidental Catch TACs for Each Special Management Program
[mt, live weight]
----------------------------------------------------------------------------------------------------------------
Regular B DAS program Eastern U.S./Canada haddock SAP
Stock ------------------------------------------------------------------------------
2022 2023 2024 2022 2023 2024
----------------------------------------------------------------------------------------------------------------
GB Cod........................... 0.06 ........... ............ 0.04 ........... ...........
GOM Cod.......................... 0.09 0.09 0.09 n/a n/a n/a
GB Yellowtail Flounder........... 0.03 0.03 ............ 0.03 0.03 ...........
CC/GOM Yellowtail Flounder....... 0.31 ........... ............ n/a n/a n/a
American Plaice.................. 3.20 ........... ............ n/a n/a n/a
Witch Flounder................... 1.99 ........... ............ n/a n/a n/a
SNE/MA Winter Flounder........... 0.38 0.38 ............ n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
Table 10--Fishing Years 2022-2024 Regular B DAS Program Quarterly Incidental Catch TACs
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 2023 2024
-------------------------------------------------------------------------------------------------------------------------
1st 2nd 3rd 4th 1st 2nd 3rd 4th 1st 2nd 3rd 4th
Stock quarter quarter quarter quarter quarter quarter quarter quarter quarter quarter quarter quarter
(13 (29 (29 (29 (13 (29 (29 (29 (13 (29 (29 (29
percent) percent) percent) percent) percent) percent) percent) percent) percent) percent) percent) percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................ 0.01 0.02 0.02 0.02 ........ ........ ........ ......... ........ ........ ........ ........
GOM Cod....................... 0.01 0.03 0.03 0.03 0.01 0.03 0.03 0.03 0.01 0.03 0.03 0.03
GB Yellowtail Flounder........ 0.004 0.009 0.009 0.009 0.00 0.01 0.01 0.01 ........ ........ ........ ........
CC/GOM Yellowtail Flounder.... 0.04 0.09 0.09 0.09 ........ ........ ........ ......... ........ ........ ........ ........
American Plaice............... 0.42 0.93 0.93 0.93 ........ ........ ........ ......... ........ ........ ........ ........
Witch Flounder................ 0.26 0.58 0.58 0.58 ........ ........ ........ ......... ........ ........ ........ ........
[[Page 42379]]
SNE/MA Winter Flounder........ 0.05 0.11 0.11 0.11 0.05 0.11 0.11 0.11 ........ ........ ........ ........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sector Annual Catch Entitlements (ACE)
At the start of the 2022 fishing year, we allocated stocks to each
sector, based on the catch limits set by prior frameworks. This rule
updates the ACE allocated to sectors based on the catch limits approved
in Framework 63, fishing year 2022 PSC, and final fishing year 2022
sector rosters. We calculate a sector's allocation for each stock by
summing its members' PSC for the stock and then multiplying that total
percentage by the commercial sub-ACL for that stock. The process for
allocating ACE to sectors is further described in the final rule
allocating ACE to sectors for fishing year 2022 (87 FR 24875; April 27,
2022) and is not repeated here. Table 11 shows the cumulative PSC by
stock for each sector for fishing year 2022. Tables 12 and 13 show the
ACEs allocated to each sector for fishing year 2022, in pounds and
metric tons, respectively. We have included the common pool sub-ACLs in
tables 11 through 13 for comparison.
BILLING CODE 3510-22-P
[[Page 42380]]
[GRAPHIC] [TIFF OMITTED] TR15JY22.009
[[Page 42381]]
[GRAPHIC] [TIFF OMITTED] TR15JY22.010
[[Page 42382]]
[GRAPHIC] [TIFF OMITTED] TR15JY22.011
[[Page 42383]]
Recreational Fishery Measures
This action sets the GB cod recreational catch target to 75 mt. The
values of the state and other sub-components for GB cod are based, in
part, on this catch target (see Appendix II of the EA).
Framework 63 also adjusts the recreational measures for GB cod, in
order to reduce mortality to stay below the GB cod recreational catch
target. Combined with the reduction in catch target, these measures are
intended to reduce mortality on GB cod and allow for the promotion of
GB cod stock rebuilding. These measures apply to both private and for-
hire recreational vessels, and would remain in place unless modified.
Table 14 shows the final GB cod recreational measures, which are
approved as proposed.
Table 14--Georges Bank Cod Recreational Management Measures
------------------------------------------------------------------------
------------------------------------------------------------------------
Minimum Size.............................. 22 in (55.9 cm).
Maximum Size.............................. 28 in (71.1 cm).
Possession Limit.......................... 5 fish per person per day.
Closed Season............................. May 1 through July 31.
Open Season............................... August 1 through April 30.
------------------------------------------------------------------------
Framework 57 established a regulatory process for the Regional
Administrator to adjust recreational measures to prevent the
recreational catch target from being exceeded for fishing years 2018
and 2019. Framework 63 modifies the process to apply to fishing years
2023 and 2024, to prevent future overages of the GB cod ACL. After
consultation with the Council, the Regional Administrator would make
any changes to recreational measures consistent with the Administrative
Procedure Act.
Default Specifications Process
Framework 63 modifies the default specifications process to
increase the default limits to 75 percent of the previous year's catch
limit, and extend the effective date through October 31 of that fishing
year, or when replaced by new catch limits, whichever happens first. As
previously implemented by Framework 53, if the default value is higher
than the Council's recommended catch limit for the upcoming fishing
year, the default catch limits will be equal to the Council's
recommended catch limits for the applicable stocks for the upcoming
fishing year.
Regulatory Corrections Under Secretarial Authority
Under our authority to carry out fishery management plans described
in section 305(d) of the Magnuson-Stevens Act, in this action the
Regional Administrator reinstates the regulation implementing the
possession limit for the northern red hake stock, specified at Sec.
648.86(d)(1)(vi), that was inadvertently deleted from the regulations
through a prior rulemaking. The possession limit for the northern red
hake stock remains unchanged at 3,000 lb (1,361 kg).
This action also corrects the allocation of the sub-ACL for GB
haddock catch by the midwater trawl Atlantic herring fishery, specified
at Sec. 648.90(a)(4)(iii)(D)(1). In Framework 59, the Council
recommended and the Regional Administrator approved increasing the
allocation from 1.5 percent to 2 percent. The change was implemented
through the specifications approved in Framework 59, but was
unintentionally omitted from the regulatory text. Notice and
opportunity for comment was provided in Framework 59, so adding this
provision in this final rule is an administrative correction made under
our administrative authority at section 305(d) of the Magnuson-Stevens
Act.
Comments and Responses on Measures Proposed in the Framework 63
Proposed Rule
During the comment period, we received 20 comments on the Framework
63 proposed rule from Conservation Law Foundation (CLF), the Rhode
Island Party and Charter Boat Association (RIPCBA), and 18 members of
the public. We also received one comment from the New Bedford Port
Authority that was sent before the proposed rule had published, and one
comment from Northeast Seafood Coalition (NSC), which was submitted
after the comment period had closed.
General Comments on Framework 63
Comment 1: A member of the public commented in support of the
measures proposed by Framework 63, highlighting the adverse
environmental effects of overfishing on ecosystems, fish populations,
and coastal economies.
Response 1: We agree, and are approving the measures as proposed.
Comments Regarding Fishing Years 2022 and 2023 Shared U.S./Canada
Quotas
Comment 2: RIPCBA commented in support of the proposed quotas.
However, it suggested that the TMGC process should be reevaluated in
future years, to make sure that the U.S. is getting a fair portion of
the shared stocks. RIPCBA stated that eastern GB cod is ``entirely
commercial,'' but that the resulting quotas can affect recreational
management for U.S. vessels. NSC expressed concern that the
Transboundary Resources Assessment Committee (TRAC) and TMGC process
occur prior to the U.S. GB cod assessment update. It states that there
are inconsistencies between the Data Limited Methods Tool (DLMtool)
used for the TRAC's assessment of eastern GB cod and the PlanBSmooth
approach used to assess the bank-wide GB cod stock, which can lead to
conflicting catch advice recommendations. NSC advised that the Agency
should work with the Council to seek a solution. One member of the
public commented on the shared U.S./Canada quota for eastern GB cod and
haddock, stating that American commercial fishing vessels in the area
would be shorted a large amount of fish.
Response 2: The transboundary management of the shared eastern GB
cod stock is based on an international understanding between the U.S.
and Canada, which results in a process that has been agreed on by the
two countries. As such, the timing of the international TRAC and TMGC
cycle is not easily adjusted to account for the anticipated timing of a
domestic assessment. We and the U.S. delegation to the TMGC understand
the mismatch that can occur as a result of the separate assessments of
GB and eastern GB cod, and make every effort at TMGC meetings to select
shared quotas that accommodate the needs of the U.S. fishery.
In its comment, NSC misinterprets the purpose of the DLMtool. The
DLMtool is not an assessment model, but rather is a method of
calculating catch based on the available assessment information for
eastern GB cod. The TRAC developed the DLMtool based on the direction
of the TMGC to reduce the TMGC delegations' debate about uncertainty in
the cod assessments that made it difficult for the two countries to
agree on catch allocations. As part of the DLMtool, the TMGC chose two
management objectives, which the TRAC used in 2021 to provide a range
of catch advice from 520 mt to 650 mt, with the recommendation that the
TMGC select a shared Total Allowable Catch (TAC) that fell in the lower
part of this range. The TMGC continues to debate the appropriate level
of catch for eastern GB cod and has noted that the DLMtool is a
temporary solution to selecting catch allocations until a new
assessment for GB cod can be completed. The U.S. and Canada are working
to identify future plans to assess the shared cod resource.
Regarding the allocation shares of each shared quota, the member of
the public is incorrect that the current agreement entitles the U.S. to
35 percent of the total ``cod and haddock'' quota on eastern GB. The
current allocation shares entitle the U.S. to 28 percent of
[[Page 42384]]
the shared eastern GB cod quota and 47 percent of the shared eastern GB
haddock quota. The process by which these allocation shares are
determined is formulaic and takes into account historical utilization
and shifts in resource distribution; it is not subject to negotiation
by the TMGC and does not represent a new proposal on the part of the
TMGC.
Comments Regarding Catch Limits for Fishing Years 2022-2024
Comment 3: RIPCBA commented in support of the quota setting and
specifications as proposed in Framework 63.
Response 3: We agree and are approving the specifications as
proposed, as explained in the preamble.
Comment 4: CLF urged NMFS to disapprove the 2022-2024 catch limits
for GOM cod and to remand them back to the Council. It argued that the
GOM cod ABCs and ACLs are unchanged from Framework 59, and that the SSC
should have used ``Option C'' of the groundfish ABC control rule, which
would restrict catch to incidental bycatch only.
Response 4: We disagree. The Council's reliance on the SSC's
consideration and use of the ABC Control Rule is consistent with the
FMP and the Magnuson-Stevens Act. The SSC considered the use of Option
C of the ABC Control Rule for setting the GOM cod ABC. The Groundfish
Plan Development Team (PDT) provided the SSC with recent discard
information, but also indicated that the values of discards would not
represent all incidental, non-target catch under the current operating
conditions of the fishery. Most notably, groundfish sectors are
required to retain all legal-sized cod, even if not targeting that
species, and therefore this catch is not counted in the discards. The
SSC determined that the available bycatch data were insufficient to
inform setting an ABC, and instead based their recommendation on the
projections of the two models used by the assessment, which is the best
available science.
In April 2022, the Council initiated Framework 65, which includes
the development of a revised rebuilding plan for GOM cod. Additionally,
the ongoing work on the Atlantic cod stock structure that is currently
being undertaken by the Research Track Working Group, could provide a
better basis for catch limits and management for Atlantic cod. However,
the ABCs set by this action comply with the Magnuson-Stevens Act and
the current rebuilding plan for GOM cod. Last, if we were to disapprove
the GOM cod ABCs and ACLs, the 2022 ABC for this stock would remain at
552 mt, as implemented by Framework 59, one metric ton higher than the
ABC implemented in this action (551 mt). As noted above, there also
would be no additional information to support a different ABC based on
an unsupportable estimation of incidental bycatch.
Comment 5: CLF also urged NMFS to disapprove the 2022 GB cod catch
limit and remand it back to the Council. It argued that the proposed
rule did not explain how NMFS is adequately accounting for scientific
uncertainty without a buffer between OFL and ABC. It further argued
that NMFS cannot justify the lack of scientific uncertainty buffer
based on a constant catch approach, as it did in Framework 59, because
Framework 63 incudes only a one-year allocation for GB cod. CLF also
stated that the empirical approach (i.e. the PlanBsmooth used in the
assessment) is the best approach available without an analytical
assessment.
Response 5: We disagree that we should disapprove the proposed ABC
for GB cod. However, we agree that the PlanBsmooth approach is the best
scientific information available on which to base catch advice for GB
cod, and are therefore approving the 2022 ABC for GB cod, as proposed.
If we were to disapprove this limit, the result would be that the 2022
ABC for this stock would remain at the level set by Framework 61 (1,308
mt), which is significantly higher than 343 mt, as implemented by this
action.
During the development of Framework 59, the SSC decided to use the
catch advice coming out of the PlanBsmooth approach to recommend an
ABC, rather than an indeterminate OFL, to remain consistent with other
stocks that were using an empirical approach for catch advice to
prevent overfishing. National Standard guidelines provide for SSC ABC
recommendations that differ from the usual ABC control rule
calculations, based on factors such as data uncertainty, recruitment
variability, declining trends in population variables, and other
factors. The SSC has explained this approach and has remained
consistent with this decision in Framework 63. While the SSC
recommended applying the catch advice for three years of specifications
(fishing years 2022-2024), the Council only included an ABC for 2022 in
Framework 63. The SSC will need to recommend, and the Council will need
to propose, a GB cod ABC for fishing year 2023 and beyond in Framework
65, and we intend to work with the Council and SSC to ensure that the
ABC is based on the best scientific information available. Limiting the
specification to one year provides an opportunity for consideration of
updated information for the following two fishing years and thus could
reduce potential uncertainty for those years compared to implementing
on data available this year. If the Council does not select an ABC for
GB cod for 2023, or if we disapprove it in Framework 65, the ABC for GB
cod would drop to zero in 2023.
In Framework 59, it was appropriate to set a constant ABC for all
three years of specifications (fishing years 2020-2022) based on the
results of the PlanBsmooth approach to account for scientific
uncertainty. For Framework 63, the Council's decision to include an ABC
for only one year (2022) does not increase the scientific uncertainty
of using the results of the PlanBsmooth to set the ABC, compared to
setting it for all three years. The extremely low one-year
specification in this action is expected to increase the probability of
the stock rebuilding, while addressing the poor condition of the GB cod
resource for the next year. It also allows the SSC, Council, and NMFS
to adopt conservation measures for 2023 in Framework 65, where
scientific uncertainty would again be considered.
Comment 6: New Bedford Port Authority and NSC both raised concerns
with the reduction to the GB cod ABC. NSC questioned the use of imputed
data in the PlanBsmooth empirical assessment to replace the year of
survey data missing due to the COVID-19 health crisis. NSC asserted
that there should have been a peer reviewed deliberation prior to the
assessment to determine how to deal with the missing survey data.
Similarly, New Bedford Port Authority raised a concern that there
should have been a review process to examine the implications of
missing survey data. NSC stated that if past years' catch is not close
to the quota, the resulting catch advice from the PlanBsmooth approach
can have large changes. NSC also stated that the survey strata data
used has been limited to a smaller portion of the larger GB cod stock
area. Last, NSC argued that the SSC did not have all relevant
information, including socioeconomic information and the final catch
information from the 2020 fishing year. New Bedford Port Authority also
raised the same concern as NSC about the final catch of GB cod not
being available until after the SSC met.
Response 6: The assessment Peer Review Panel determined that the
PlanBsmooth is the best available
[[Page 42385]]
science for determining catch advice and recommended it for use by the
SSC. The GB cod assessment went through peer review in September 2021,
and the panel considered using imputed values to replace the missing
survey data; however, the panel ultimately decided to approve the
PlanBsmooth without using an imputed value. At its October 25, 2021,
meeting, the SSC recommended adjusting the catch advice that had come
out of the PlanBsmooth to incorporate an imputed value, resulting in an
ABC that was 25 mt higher than the catch advice provided by the
assessment. The SSC raised the concern that the PlanBsmooth approach
has the potential to ``chase noise in the survey index, particularly
for a stock at low abundance.'' In other words, there is a potential
for large fluctuations in the catch advice that comes out of the
PlanBsmooth approach. However, the SSC did not find that this concern
justified recommending an alternative approach to calculating catch
advice, and endorsed the continued use of the PlanBsmooth approach for
setting the GB cod ABC.
The SSC had an extensive discussion of how the Council Risk Policy
could be used to inform a different recommendation for the GB cod ABC,
and the SSC report references economic analysis and information
presented by the PDT. While the SSC did recommend that, in the future,
the PDT provide additional socioeconomic information, it was clear that
the SSC was aware, at least qualitatively, of the potential economic
impact of the decreased quota. The SSC did not postpone their
recommendation in order to obtain additional information, and a
majority of the SSC supported the ABC recommendation that was made to
the Council and included as part of Framework 63. Fishing year final
catch reports have not historically been provided to the SSC for
consideration as part of the process for setting ABCs, although the PDT
does provide the inseason catch data that is available at the time of
the SSC meeting. Requiring the inclusion of such reports could delay
implementation of necessary specifications and adversely impact
fisheries and fishing communities. The GB cod assessment that was used
by the SSC to recommend ABCs was based on commercial fishery catch data
through calendar year 2020 and survey data through spring of 2021, and
would not have been updated to reflect the 2020 fishing year catch
report that is produced by NMFS in the fall of 2021 for purposes of
catch accounting. The Council was aware of NSC's concerns regarding the
availability of this information to the SSC, and voted to submit
Framework 63 to NMFS with the SSC's recommended ABC for GB cod to
support timely implementation of these specifications, including a
closed season for the recreational fishery that was intended to begin
on May 1, 2022. Waiting for additional information could have resulted
in an even greater delay of these specifications and increased adverse
impacts from a further delay.
Comments Regarding Recreational Measures for Georges Bank Cod
Comment 7: RIPCBA commented in support of the proposed changes to
recreational measures for GB cod for fishing year 2022.
Response 7: We agree with the RIPCBA's support for the 2022
recreational measures and are approving the changes as proposed.
Comment 8: Seventeen members of the public commented on the
proposed GB cod recreational measures. While some supported parts of
the measures, most expressed concern about or objected to some or all
of the proposed measures, including the closed recreational season for
GB cod, the reduced possession limit, the increased minimum size, and
the implementation of a maximum size without an allowance of a trophy
fish (i.e., a single fish over the maximum size limit). The commenters
raised concerns about other stocks that are being restricted, limiting
fishing options, and about economic damage to ancillary services, such
as marinas and bait shops. Several stated that they get their food
through recreational fishing, and raised concerns about the increased
cost of fuel to go fishing. Some commenters blamed the commercial
fishery for the state of the GB cod stock, and argued that recreational
fishermen were being punished instead. A few commenters argued that a
winter closure would be more useful for protecting spawning, or that it
would be less restrictive for recreational fishermen targeting cod.
Response 8: The goal of the slot limit, reduction in possession
limit, and recreational closed season for GB cod was to create a suite
of measures to achieve a reduction in mortality of GB cod, given the
overall reduction in the U.S. ABC and the revised recreational catch
target. Because the recreational measures were developed and analyzed
as a suite, rather than individually, we cannot be assured that
alternative measures, or a subset of the proposed measures, would
achieve the necessary reduction in GB cod catch. As some commenters
stated, it is rare for a recreational fisherman to catch a large cod
above the proposed maximum size limit, and so allowing a trophy fish
would likely negate the intended impact of the maximum size limit.
While a winter closure could provide spawning protections, the goal of
the summer closure for GB cod is to reduce the overall mortality of GB
cod. Therefore, closing the GB cod recreational fishery in the winter
would not be as effective for reducing overall catch because
recreational fishing is not as prominent during that period in
comparison to the summer. Thus, we approve the Council's recommended
suite of measures in full. Recreational fishermen can continue to fish
in the GB cod stock area for other species during the May through July
closure. Some alternative options may be found <a href="http://www.fishwatch.gov">http://www.fishwatch.gov</a>.
Comment 9: Five members of the public commented on cod stock
structure in the region, stating that the cod caught off Rhode Island
are not the same as GB cod.
Response 9: Under the Northeast Multispecies FMP, we manage
Atlantic cod as two stocks: GOM and GB. A working group is currently
developing improved stock assessments for two to five stocks of
Atlantic cod. However, this work is not complete, and therefore we are
limited to managing cod stocks as they are defined in the FMP. The
quotas for GB cod that are approved in this rule are based on the most
recent assessment for GB cod, which includes cod found off Rhode Island
as part of the GB cod stock.
Comment 10: NSC commented in support of modifications to the
recreational catch target to reflect the reduction to the ABC, and
referenced Option 3, which was one of the potential options for a catch
target developed by the Groundfish PDT. NSC questioned how the catch
target in Option 3 complies with National Standard 8 of the Magnuson-
Stevens Act.
Response 10: Option 3 for the recreational catch target (71 mt) was
developed by the PDT. However, it was not the preferred alternative
recommended by the Council or considered in the proposed rule. The
Council considered several catch targets, and voted to recommend a
recreational catch target of 75 mt (Option 4). The EA provides the
rationale that this catch target allows a portion of the total ACL to
account for recreational catch, while maximizing the quota available to
the commercial fishery. The Council's selection of the 75-mt catch
target is consistent with
[[Page 42386]]
National Standard 8, which requires the consideration of the importance
of fishery resources consistent with the conservation requirement of
the Magnuson-Stevens Act. The Magnuson-Stevens Act recognizes the
importance of recreational fishing and requires consideration of its
importance to the nation and its impacts on fishing communities.
National Standard 8 guidance specifically recognizes recreational
fishing interests within fishing communities (``[a] fishing community
is a social or economic group whose members reside in a specific
location and share a common dependency on commercial, recreational, or
subsistence fishing or on directly related fisheries-dependent services
and industries (for example, boatyards, ice suppliers, tackle shops'').
That, along with the goal of the FMP to maintain a directed commercial
and recreational fishery for Northeast multispecies, is achieved by the
Council's selection of a catch target that allows the commercial and
recreational fisheries to continue to operate.
Comment 11: NSC commented that it supports renewing the Regional
Administrator's exercise of authority to adjust recreational measures
to prevent the catch target from being exceeded.
Response 11: We agree and approve the Regional Administrator's
exercising authority consistent with these regulations for fishing
years 2023 and 2024, if necessary to carry out the FMP. Any changes
would be made in consultation with the Council.
Comments Regarding Default Specifications
Comment 12: NSC commented in support of the modifications to the
default specifications process, noted that operating under default
specifications is not preferred, and urged NMFS to implement newly
proposed regulations quickly.
Response 12: We agree and approve this default specifications
modification. The timing of a rule's publication and implementation
depends on several factors, including when the Council takes final
action, when the Council submits the action to NMFS for consideration,
and the legal requirements of the rulemaking process. We continue to
work with the Council to ensure that it submits the action to us with
enough time for us to satisfy our regulatory requirements, prepare and
publish the proposed rule, provide time for public comment, consider
and respond to the comments received, and prepare, publish, and
implement the final rule.
Comment 13: RIPCBA provided some recommendations for fishing years
2023 and 2024, when the Regional Administrator may adjust the
recreational measures for GB cod. Specifically, the RIPCBA recommended
removing the maximum size limit, and having the minimum size match the
GOM cod recreational size. It also recommended considering changing the
summer (May-July) closure to a month or combination of months during
January through April.
Response 13: Any changes made by the Regional Administrator for
fishing year 2023 consistent with these regulations will be based on
the best available information and made in consultation with the
Council.
Changes From the Proposed Rule
The proposed rule included sector and common pool sub-ACLs based on
fishing year 2022 PSCs and preliminary fishing year 2022 sector
rosters, but did not include the PSCs and ACEs allocated to each
sector. This final rule updates these sub-ACLs to reflect final fishing
year 2022 sector rosters and includes the PSCs and ACEs at the sector
level.
This final rule includes a correction, under our authority at
305(d), to the regulatory text at Sec. 648.90(a)(4)(iii)(D)(1)
regarding the increase of the midwater trawl Atlantic herring fishery's
1.5 percent sub-ACL of the GB haddock ACL to 2 percent. This correction
was not included in the proposed rule. It was subject to notice and
public comment in Framework 59 (Proposed rule: 85 FR 32347; May 29,
2020; Final rule: 85 FR 45794; July 30, 2020), but was inadvertently
omitted from the regulations.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the Northeast Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866. This final rule does not
contain policies with federalism or takings implications as those terms
are defined in E.O. 13132 and E.O. 12630, respectively.
The Assistant Administrator for Fisheries finds that there is good
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed
effectiveness of this action. This action relies on the best available
science to set 2022 catch limits for groundfish stocks and adopts
several other measures to improve the management of the groundfish
fishery. This final rule must be implemented as soon as possible to
capture fully the conservation and economic benefits of Framework 63
and avoid adverse economic impacts.
The development of Framework 63 began in June 2021. While the
Council took final action on the Framework 63 measures in December
2021, the framework was not formally submitted to NMFS until March 28,
2022. Given the timing of the Council process and submission, the
earliest we were able to publish a proposed rule for Framework 63 was
on April 20, 2022.
A delay in implementation of this rule increases negative economic
effects for regulated entities. The eastern portions of the GB cod and
haddock stocks, jointly managed with Canada, did not have 2022 quotas
set by a previous framework. A separate action implemented a default
quota (35 percent of the 2021 quota) for eastern GB cod and haddock
that will be in effect only through July 31, 2022, unless we implement
Framework 63 before that date. After July 31, the default quotas
expire, at which point vessels would be prohibited from fishing in the
Eastern U.S./Canada Area until Framework 63 is effective. The default
quotas are constraining the fishery in the Eastern U.S./Canada Area.
The majority of fishing in that region occurs during summer primarily
due to the seasonal geographic distribution of the stocks. Providing
timely access to these stocks is also a potential safety issue. Vessels
fish in the summer in the Eastern U.S./Canada Area (approximately 150-
200 miles offshore) to avoid extremely dangerous weather in the winter,
spring, and fall.
There are also biological impacts associated with a delay in
implementation. The GB cod U.S. ABC for fishing year 2022 was
previously set by Framework 61 at 1,308 mt, and groundfish sectors were
allocated quota on May 1, 2022, based on this catch limit. Based on the
2021 management track assessment, this action reduces the GB cod U.S.
ABC for fishing year 2022 to 343 mt. A delay in effectiveness of this
action could result in the commercial groundfish fishery overharvesting
the GB cod stock, because the higher allocation the commercial fishery
received at the beginning of the fishing year could encourage greater
fishing during the delay. Similarly, the changes to recreational
measures for GB cod being implemented by this final rule (including the
reduction in possession limit, the change in slot limit, and the
implementation of a closed season) are
[[Page 42387]]
substantial from those measures in place for fishing year 2021. This
rule's recreational restrictions are intended to reduce mortality of GB
cod to ensure limits on total catch are not exceeded. If the
recreational fishery contributes to an ACL overage in 2022, the
commercial fishery will be required to pay back, pound-for-pound, any
ACL overage in a following fishing year, which will have even greater
adverse social and economic impacts on the fishery. Therefore, a delay
would be contrary to the public interest and would undermine the intent
of the rule.
The 30-day delay in implementation for this rule is unnecessary
because this rule contains no new measures (e.g., it does not require
new nets or equipment) for which regulated entities need time to
prepare or revise their current practices. Fishermen who are subject to
this action expect and need timely implementation to avoid adverse
economic impacts. This action is similar to the process used to set
quotas every 1-2 years, approves all items as proposed, and was
discussed at multiple noticed meetings where the public was provided
opportunity to learn about the action, ask questions, and provide input
into the development of the measures. Affected parties and other
interested parties participated in this public process to develop this
action and expect implementation as close to the beginning of the
fishing year on May 1 as possible. A 30-day delay in implementing the
portion of this action that changes the default specification
percentage and duration is not necessary because the new default
provisions will not affect the fishery until May 1, 2023, if at all.
Overall, a delay in implementation of this action would greatly
diminish the benefits of these specifications and other approved
measures. For these reasons, a 30-day delay in the effectiveness of
this rule is impracticable and contrary to the public interest.
Final Regulatory Flexibility Analysis
Section 604 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 604,
requires Federal agencies to prepare a Final Regulatory Flexibility
Analysis (FRFA) for each final rule. The FRFA describes the economic
impact of this action on small entities. The FRFA includes a summary of
significant issues raised by public comments, the analyses contained in
Framework 63 and its accompanying Environmental Assessment/Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (IRFA), the IRFA
summary in the proposed rule, as well as the summary provided below. A
statement of the necessity for and for the objectives of this action
are contained in Framework 63 and in the preamble to this final rule,
and is not repeated here.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
We received several comments expressing concern about the economic
impacts of this action and we have summarized the comments in the
comments and responses section of this rule. None of these comments
were directly related to the IRFA, or provided information that changed
the conclusions of the IRFA. The Chief Counsel for the Office of
Advocacy of the Small Business Administration (SBA) did not file any
comments. We made no changes to the proposed rule measures.
Description and Estimate of the Number of Small Entities to Which the
Rule Would Apply
The final rule impacts the recreational groundfish, Atlantic sea
scallop, small mesh multispecies, Atlantic herring, and large-mesh non-
groundfish fisheries. Individually-permitted vessels may hold permits
for several fisheries, harvesting species of fish that are regulated by
several different FMPs, even beyond those impacted by the proposed
action. Furthermore, multiple-permitted vessels and/or permits may be
owned by entities affiliated by stock ownership, common management,
identity of interest, contractual relationships, or economic
dependency. For the purposes of the RFA analysis, the ownership
entities, not the individual vessels, are considered to be the
regulated entities.
As of June 1, 2021, NMFS had issued 721 commercial limited-access
groundfish permits associated with vessels (including those in
confirmation of permit history, CPH), 649 party/charter groundfish
permits, 705 limited access and general category Atlantic sea scallop
permits, 734 small-mesh multispecies permits, 80 Atlantic herring
permits, and 802 large-mesh non-groundfish permits (limited access
summer flounder and scup permits). Therefore, this action potentially
regulates 3,691 permits. When accounting for overlaps between
fisheries, this number falls to 2,126 permitted vessels. Each vessel
may be individually owned or part of a larger corporate ownership
structure, and for RFA purposes, it is the ownership entity that is
ultimately regulated by the proposed action. Ownership entities are
identified on June 1st of each year based on the list of all permit
numbers, for the most recent complete calendar year, that have applied
for any type of Greater Atlantic Federal fishing permit. The current
ownership data set is based on calendar year 2020 permits and contains
gross sales associated with those permits for calendar years 2018
through 2020.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. The determination as to whether the
entity is large or small is based on the average annual revenue for the
three years from 2018 through 2020. The Small Business Administration
(SBA) has established size standards for all other major industry
sectors in the U.S., including for-hire fishing (NAICS code 487210).
These entities are classified as small businesses if combined annual
receipts are not in excess of $8.0 million for all its affiliated
operations. As with commercial fishing businesses, the annual average
of the three most recent years (2018-2020) is utilized in determining
annual receipts for businesses primarily engaged in for-hire fishing.
Based on the ownership data, 1,696 distinct business entities hold
at least one permit that the proposed action potentially regulates. All
1,696 business entities identified could be directly regulated by this
proposed action. Of these 1,696 entities, 976 are commercial fishing
entities, 281 are for-hire entities, and 439 did not have revenues
(were inactive in 2020). Of the 976 commercial fishing entities, 967
are categorized as small entities and 9 are categorized as large
entities, per the NMFS guidelines. Furthermore, 579 of these commercial
fishing entities held limited access groundfish permits, with 577 of
these entities being classified as small businesses and 2 of these
entities being classified as large businesses. All 281 for-hire
entities are categorized as small businesses.
[[Page 42388]]
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Final Rule
The action does not contain any new collection-of-information
requirements under the Paperwork Reduction Act (PRA).
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
The economic impacts of each proposed measure are discussed in more
detail in sections 6.5 and 7.12 of the Framework 63 Environmental
Assessment and are not repeated here. For the updated groundfish
specifications and adjustments to the GB cod recreational measures, the
No Action alternative was the only other alternative considered by the
Council. There are no significant alternatives that would minimize the
economic impacts. The proposed action is predicted to generate $73.3
million in gross revenues on the sector portion of the commercial
groundfish trips, which is $2.2 million less than No Action, but falls
within the recent historical range. Small entities engaged in common
pool groundfish fishing may be negatively impacted by the proposed
action as well. Likewise, small entities engaged in the recreational
groundfish fishery are also likely to be negatively impacted. These
negative impacts for both commercial and recreational groundfish
entities are driven primarily by a substantial decline in the ACL for
GB cod for fishing year 2022. While this decline is expected to result
in short-term negative impacts, decreased GB cod catch in fishing year
2022 is expected to yield long-term positive impacts through stock
rebuilding.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency will publish
one or more guides to assist small entities in complying with the rule,
and will designate such publications as ``small entity compliance
guides.'' The agency will explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a bulletin to permit holders that also serves
as a small entity compliance guide was prepared. This final rule and
the guide (i.e., bulletin) will be sent via email to the Greater
Atlantic Regional Fisheries Office Northeast multispecies fishery email
list, as well as the email lists for scallop and herring fisheries,
which receive an allocation of some groundfish stocks. The final rule
and the guide are available from NMFS at the following website: <a href="https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan">https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan</a>. Hard copies of the guide and this final rule will be
available upon request (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 11, 2022.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is amended
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. 648.14, revise paragraph (k)(16)(v) to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(16) * * *
(v) Size limits. If fishing under the recreational or charter/party
regulations, possess regulated species or ocean pout that are smaller
than the minimum fish sizes or larger than maximum fish sizes specified
in Sec. 648.89(b)(1) and (b)(3).
* * * * *
0
3. In Sec. 648.86 add paragraph (d)(1)(vi) to read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(d) * * *
(1) * * *
(vi) Possession of northern red hake. Vessels participating in the
small-mesh multispecies fishery and fishing on the northern red hake
stock, defined as statistical areas 464-465, 467, 511-515, 521-522, and
561, may possess and land no more than 3,000 lb 91,361 kg) of red hake
when fishing in the GOM/GB Exemption area, as described in Sec.
648.80(a)(17).
* * * * *
0
4. Amend Sec. 648.89 by revising paragraph (b) paragraph heading,
paragraphs (b)(1), Table 2 to paragraph (c), Table 3 to paragraph (c),
and (g), to read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) Recreational minimum and maximum fish sizes--(1) Minimum and
maximum fish sizes. Unless further restricted under this section,
persons aboard charter or party boats permitted under this part and not
fishing under the NE multispecies DAS program or under the restrictions
and conditions of an approved sector operations plan, and private
recreational fishing vessels may not possess fish in or from the EEZ
that are smaller than the minimum fish sizes or larger than the maximum
fish sizes, measured in total length, as follows:
Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
Minimum size Maximum size
Species ---------------------------------------------------------------
Inches cm Inches cm
----------------------------------------------------------------------------------------------------------------
Cod:
Inside GOM Regulated Mesh Area \1\.......... 21 53.3 N/A N/A
Outside GOM Regulated Mesh Area \1\......... 22 55.9 28 71.1
Haddock:
Inside GOM Regulated Mesh Area \1\.......... 17 43.2 N/A N/A
Outside GOM Regulated Mesh Area \1\......... 18 45.7 N/A N/A
Pollock......................................... 19 48.3 N/A N/A
Witch Flounder (gray sole)...................... 14 35.6 N/A N/A
Yellowtail Flounder............................. 13 33.0 N/A N/A
American Plaice (dab)........................... 14 35.6 N/A N/A
Atlantic Halibut................................ 41 104.1 N/A N/A
[[Page 42389]]
Winter Flounder (black back).................... 12 30.5 N/A N/A
Redfish......................................... 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)(i)
----------------------------------------------------------------------------------------------------------------
Stock Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... August 1-April 30...... 5...................... May 1-July 31.
GOM Cod.............................. September 15-30, April 1...................... April 15-September 14,
1-14. October 1-March 31.
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) of this section.
--------------------------------------------------------------------------
Atlantic Wolffish.................... Closed................. No retention........... All Year.
----------------------------------------------------------------------------------------------------------------
* * * * *
(2) * * *
Table 3 to Paragraph (c)(2)
----------------------------------------------------------------------------------------------------------------
Species Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... August 1-April 30...... 5...................... May 1-July 31.
GOM Cod.............................. September 8-October 7, 1...................... April 15-September 7,
April 1-14. October 8-March 31.
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) of this section.
--------------------------------------------------------------------------
Atlantic Wolffish.................... Closed................. No retention........... All Year.
----------------------------------------------------------------------------------------------------------------
[[Page 42390]]
* * * * *
(g) Regional Administrator authority for Georges Bank cod
recreational measures. For the 2023 and 2024 fishing years, the
Regional Administrator, after consultation with the NEFMC, may adjust
recreational measures for Georges Bank cod to prevent the recreational
fishery from exceeding the annual catch target as determined by the
NEFMC. Appropriate measures, including adjustments to fishing seasons,
minimum fish sizes, or possession limits, may be implemented in a
manner consistent with the Administrative Procedure Act, with the final
measures published in the Federal Register prior to the start of the
fishing year when possible. Separate measures may be implemented for
the private and charter/party components of the recreational fishery.
Measures in place in fishing year 2024 will be in effect beginning in
fishing year 2025, and will remain in effect until they are changed by
a Framework Adjustment or Amendment to the FMP, or through an emergency
action.
* * * * *
0
5. In Sec. 648.90, revise paragraph (a)(3)(i), paragraph (a)(4)(i)
introductory text, and paragraph (a)(4)(iii)(D)(1) to read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(a) * * *
(3) * * * (i) Unless otherwise specified in this paragraph (a)(3),
if final specifications are not published in the Federal Register for
the start of a fishing year, as outlined in paragraph (a)(4) of this
section, specifications for that fishing year shall be set at 75
percent of the previous year's specifications for each NE multispecies
stock, including the U.S./Canada shared resources, for the period of
time beginning on May 1 and ending on October 31, unless superseded by
the final rule implementing the current year's specifications.
* * * * *
(4) * * * (i) ABC/ACL recommendations. As described in this
paragraph (a)(4), with the exception of stocks managed by the
Understanding, the PDT shall develop recommendations for setting an
ABC, ACL, and OFL for each NE multispecies stock for each of the next 3
years as part of the biennial review process specified in paragraph
(a)(2) of this section. ACLs can also be specified based upon updated
information in the annual SAFE report, as described in paragraph (a)(1)
of this section, and other available information as part of a
specification package, as described in paragraph (a)(6) of this
section. For NE multispecies stocks or stock components managed under
both the NE Multispecies FMP and the Understanding, the PDT shall
develop recommendations for ABCs, ACLs, and OFLs for the pertinent
stock or stock components for each of the next 2 years as part of the
annual process described in this paragraph (a)(4) and Sec.
648.85(a)(2).
* * * * *
(iii) * * *
(D) * * *
(1) Sub-ACL values. The midwater trawl Atlantic herring fishery
will be allocated sub-ACLs equal to 1 percent of the GOM haddock ABC,
and 2 percent of the GB haddock ABC (U.S. share only), pursuant to the
restrictions in Sec. 648.86(a)(3). The sub-ACLs will be set using the
process for specifying ABCs and ACLs described in paragraph (a)(4) of
this section. For the purposes of these sub-ACLs, the midwater trawl
Atlantic herring fishery includes vessels issued a Federal Atlantic
herring permit and fishing with midwater trawl gear in Management Areas
1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1) and (3).
* * * * *
[FR Doc. 2022-15065 Filed 7-14-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 15, 2022.
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