Proposed Rule2022-16137
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2022 Recreational Management Measures
Primary source
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Published
August 2, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rulemaking proposes fishing year 2022 recreational management measures for Gulf of Maine cod and haddock. The measures are intended to ensure the recreational fishery achieves, but does not exceed, fishing year 2022 catch limits.
Full Text
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<title>Federal Register, Volume 87 Issue 147 (Tuesday, August 2, 2022)</title>
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[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Proposed Rules]
[Pages 47177-47181]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16137]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220722-0161]
RIN 0648-BL40
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2022 Recreational Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This rulemaking proposes fishing year 2022 recreational
management measures for Gulf of Maine cod and haddock. The measures are
intended to ensure the recreational fishery achieves, but does not
exceed, fishing year 2022 catch limits.
DATES: Comments must be received on or before August 17, 2022.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0068, by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter NOAA-NMFS-2022-0068 in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
To review Federal Register documents referenced in this proposed
rule, you can visit: <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>.
FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management
Specialist, (978) 281-9236.
SUPPLEMENTARY INFORMATION:
Background
The recreational fishery for Gulf of Maine (GOM) cod and GOM
haddock is managed under the Northeast Multispecies Fishery Management
Plan (FMP). The multispecies fishing year starts on May 1 and runs
through April 30 of the following calendar year. The FMP sets sub-
annual catch limits (sub-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
[[Page 47178]]
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, 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 2022 recreational sub-ACL proposed in Framework Adjustment 63
(87 FR 23482; April 20, 2022) for GOM cod is 192 mt and the 2022
recreational sub-ACL for GOM haddock is 3,634 mt, as set by Framework
Adjustment 59 (85 FR 45794; July 30, 2020).
Using the proposed GOM cod and GOM haddock 2022 sub-ACLs and a
peer-reviewed bioeconomic model developed by NMFS's Northeast Fisheries
Science Center that predicts fishing behavior under different
management measures, we estimated 2022 recreational GOM cod and haddock
removals under several combinations of minimum sizes, slot limits,
possession limits, and closed seasons. The bioeconomic model considers
measures for the two stocks in conjunction because cod are commonly
caught while recreational participants are targeting haddock, linking
the catch and effort for each stock to the other. The bioeconomic model
results suggest that measures for both GOM cod and haddock can be
liberalized somewhat without the 2022 recreational fishery's sub-ACLs
being exceeded. With any given model, however, there exists some level
of uncertainty in the accuracy of model predictions. As in past years,
we used preliminary data from the Marine Recreational Information
Program (MRIP) for this fishing year. Incorporation of new waves, or
data updates, may result in changes in model estimates. MRIP data can
be uncertain and highly variable from year to year.
For each of the sets of management measures, 100 simulations of the
bioeconomic model were conducted, and the number of simulations which
yielded recreational mortality estimates under the sub-ACL was used as
an estimate of the probability that the simulated set of measures will
not result in an overage of the sub-ACL. All sets of measures analyzed
resulted in model-estimated removals under the sub-ACL greater than 50
percent of the time. The results of the bioeconomic model runs were
shared with the Council and its Recreational Advisory Panel and
Groundfish Committee for review.
At its February 2022 meeting, the Council recommended a set of
measures that would increase the minimum size for GOM cod from 21
inches (53.3 cm) to 22 inches (55.9 cm) and include no maximum size.
The Council discussed options for GOM cod slot limits that would match
those for Georges Bank cod included in Framework Adjustment 63
(proposed rule, 87 FR 23482; April 20, 2022). However, the Council did
not recommend a maximum size for GOM cod because model runs suggested
it was not necessary to adequately constrain catch. The minimum size
requirements apply to all private recreational anglers and for-hire
vessels not fishing under a groundfish day-at-sea or sector operations
plan. The Council also recommended synchronizing the open season for
GOM cod for both for-hire and private recreational modes, with a spring
open season from April 1-14, and a fall open season from September 1-
October 7. The Council recommended increasing the GOM haddock
possession limit from 15 fish to 20. The bag limit for GOM cod during
open season would remain 1 fish per angler. Based on model runs, these
measures are expected to result in catch of cod and haddock that would
not exceed the sub-ACL for either stock (Table 1).
Table 1--Summary of the Status Quo and Proposed Measures, With Model Estimates of Catch and the Probability of Catch Remaining Below the Sub-ACLs
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Haddock Cod
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%
Minimum Predicted Simulations Minimum Predicted %
Possession size Open season catch under Possession size Open season (for Open season catch Simulations
limit (inches) (mt) haddock limit (inches) hire) (private) (mt) under cod
sub-ACL sub-ACL
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Status Quo Measures.............. 15 17 May 1-February 28, 875 100 1 21 September 8-October September 15-30, 116 100
April 1-30. 7, April 1-14. April 1-14.
Proposed Measures................ 20 May 1-February 28, 1,020 100 22 September 1-October September 1-October 146 84
April 15-30. 7, April 1-14. 7, April 1-14.
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We are proposing to implement the Council's recommended
recreational measures for the remainder of fishing year 2022. These
measures are expected to adequately constrain total catch to prevent an
overage of both the GOM cod and GOM haddock recreational sub-ACL's,
while increasing recreational fishing opportunities and harvest of the
GOM haddock stock by the recreational and for-hire fleets.
Synchronizing the open seasons for GOM cod is also prudent, because the
longer for-hire season under status quo measures was previously
established to offset the impacts of social distancing restrictions on
for-hire businesses, which are no longer in place. Synchronized
measures should also improve regulatory compliance by minimizing
confusion among the angling public.
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has made a
determination that this proposed rule is consistent with the Northeast
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
The Assistant Administrator for Fisheries finds good cause to have
a 15-day comment period in accordance with the Administrative
Procedures Act and as provided for in the Magnuson-Stevens Act. This
rulemaking proposes more liberal management measures for GOM haddock
and GOM cod compared to status quo recreational management measures.
The Northeast multispecies fishing year begins on May 1 of each year
and continues through April 30 of the following calendar year. Further
delaying final action on these proposed measures to allow for a longer
comment period than the minimum 15-day amount allowed for by the
Magnuson-Stevens Act would diminish the value to the public of
increasing the haddock possession limit and the more liberal
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measures. Additional time for comment may unnecessarily negatively
affect business planning for the for-hire segment of the fishery. This
rulemaking is straightforward and proposes changes that were discussed
during a series of public meetings. These are yearly measures that are
familiar to and anticipated by fishery participants. Affected and other
interested parties participated in the Council's process to develop
this action that provides for extensive opportunity to comment about
the measures and their impacts.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
For Regulatory Flexibility Act purposes only, NMFS 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 less than $11 million for
all its affiliated operations worldwide. A small for-hire recreational
fishing business is defined as a firm with receipts of up to $7.5
million. For purposes of this assessment, business entities have been
classified into the SBA-defined categories based on which activity
produced the highest percentage of average annual gross revenues from
2018-2020, the most recent 3-year period for which data are available.
Ownership data identify all individuals who own fishing vessels. Using
this information, vessels can be grouped together according to common
owners. The resulting groupings were treated as a fishing business for
purposes of this analysis. Revenues summed across all vessels in a
group and the activities that generate those revenues form the basis
for determining whether the entity is a large or small business.
As the for-hire owner is permitted and required to comply with
these measures and can be held liable under the law for violations of
the proposed regulations, for-hire business entities are considered
directly affected in this analysis. Private anglers are not considered
``entities'' under the RFA.
For-hire fishing businesses are required to obtain a Federal
charter/party multispecies fishing permit in order to carry passengers
to catch cod or haddock. Limited access permit holders may also take
passengers for-hire; however, most limited access permit holders do not
take passengers for hire. Thus, for the purposes of this action, the
affected businesses entities of concern are businesses that hold
Federal multispecies for-hire fishing permits. While all business
entities that hold for-hire permits could be affected by changes in
recreational fishing restrictions, not all business that hold for-hire
permits actively participate in a given year. Those who actively
participate, i.e., land fish, would be the group of business entities
that are affected by the regulations. Latent fishing power (in the form
of unfished permits) has the potential to alter the impacts on a
fishery, but it is not possible to predict how many of these latent
business entities will participate in this fishery in fishing year
2022. The Northeast Federal landings database (i.e., vessel trip report
data) indicates that a total of 750 vessels held a multispecies for-
hire fishing permit in 2020 (the most recent full year of available
data). Of the 750 for-hire permitted vessels, only 190 actively
participated in the for-hire Atlantic cod and haddock fishery in
fishing year 2020 (i.e., reported catch of cod or haddock).
Using vessel ownership information and vessel trip report data, it
was determined that the 190 for-hire vessels actively participating in
the fishery are owned by 179 unique fishing business entities. The vast
majority of the 179 fishing businesses were solely engaged in for-hire
fishing, but some also earned revenue from shellfish and/or finfish
fishing. The highest percentage of annual gross revenues for all but 16
of the fishing businesses was from for-hire fishing.
Average annual gross revenue estimates calculated from the most
recent three years (2018-2020) indicate that none of the 179 fishing
business entities had annual receipts of more than $3.8 million from
all their fishing activities (for-hire, shellfish, and finfish).
Therefore, all the affected fishing business entities are considered
``small'' by the SBA size standards and thus this action will not
disproportionately affect small versus large for-hire business
entities.
The measures proposed in this action are intended to increase
opportunities for anglers to harvest GOM haddock and expand the season
for GOM cod. These measures would allow party/charter operators greater
opportunities to market trips to potential customers, which is expected
to have a positive economic impact. As a result, we expect the impact
of these measures on impacted entities to be positive. Because the
changes to the seasons and bag limits are relatively minor, the
positive effect is not expected to be substantial. For these reasons,
NMFS has determined that this proposed rule, if adopted, would not have
a significant economic impact on a substantial number of small
entities. As a result, an initial regulatory flexibility analysis is
not required and none has been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 22, 2022.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be 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. 648.89, revise Table 1 to Paragraph (b)(1), Table 2 to
Paragraph (c)(1)(i), and Table 3 to Paragraph (c)(2), to read as
follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) * * *
(1) * * *
[[Page 47180]]
Table 1 to Paragraph (b)(1)
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Minimum size Maximum size
Species -------------------------------------------
Inches cm Inches cm
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Cod:
Inside GOM Regulated 22 55.9 N/A N/A.
Mesh Area \1\..........
Outside GOM Regulated 22 55.9 28 71.1
Mesh Area \1\..........
Haddock:
Inside GOM Regulated 17 43.2 N/A N/A.
Mesh Area \1\..........
Outside GOM Regulated 18 45.7 N/A N/A.
Mesh Area \1\..........
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.
Winter Flounder (black back) 12 30.5 N/A N/A.
Redfish..................... 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............................ August 1-April 30.... 5.............................. May 1-July 31.
GOM Cod........................... September 1-October 1.............................. April 15-August 31,
7, April 1-14. October 8-March 31.
GB Haddock........................ All Year............. Unlimited...................... N/A.
GOM Haddock....................... May 1-February 28 (or 20............................. 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.
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Atlantic Halibut.................. See paragraph (c)(3)
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Atlantic Wolffish................. CLOSED............... No retention................... All Year.
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(2) * * *
Table 3 to Paragraph (c)(2)
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Stock Open season Possession limit Closed season
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GB Cod............................ August 1-April 30.... 5.............................. May 1-July 31.
GOM Cod........................... September 1-October 1.............................. April 15-August 31,
7, April 1-14. October 8-March 31.
GB Haddock........................ All Year............. Unlimited...................... N/A.
GOM Haddock....................... May 1-February 28 (or 20............................. 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.
[[Page 47181]]
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.
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Atlantic Halibut.................. See Paragraph (c)(3)
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Atlantic Wolffish................. CLOSED............... No retention................... All Year.
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[FR Doc. 2022-16137 Filed 8-1-22; 8:45 am]
BILLING CODE 3510-22-P
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