Rule2022-18996
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2022 Recreational Management Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 1, 2022
Effective
August 30, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rule implements changes to 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. This action is required to help achieve optimum yield, prevent overfishing, and ensure management measures are based on the best scientific information available.
Full Text
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<title>Federal Register, Volume 87 Issue 169 (Thursday, September 1, 2022)</title>
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[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53695-53698]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18996]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220829-0175]
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: Final rule.
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SUMMARY: This rule implements changes to 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. This action is required to help
achieve optimum yield, prevent overfishing, and ensure management
measures are based on the best scientific information available.
DATES: The measures in this rule are effective August 30, 2022.
ADDRESSES: To review Federal Register documents referenced in this
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
recreational accountability measures (AMs) to prevent the recreational
sub-ACLs from being exceeded and reactive AMs to correct the cause or
mitigate the effects of an overage if one occurs.
The proactive AM provision in the FMP provides a process for the
Regional Administrator, in consultation with the New England Fishery
Management Council, to adjust 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 set by Framework Adjustment 63 (87 FR
42375; July 15, 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 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 slightly
liberalized without the 2022 recreational fishery's sub-ACLs being
exceeded. With any given model, there exists some level of uncertainty
in the accuracy of model predictions. While a number of parameters and
unpredicted events may impact the differences between model predictions
and real-world catch, in recent years the bioeconomic model has
performed well in terms of model-predicted versus actual catch
estimates, which suggests the model is a good tool for assessing the
potential impacts of regulatory changes. As in past years, we used
preliminary data for the most recent fishing year from the Marine
Recreational Information Program (MRIP) to calibrate the model.
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
[[Page 53696]]
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 simulations 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 (87 FR
42375; July 15, 2022). However, the Council did not recommend a maximum
size for GOM cod because model simulations 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 to increase opportunities to harvest haddock. The bag limit
for GOM cod during open season would remain 1 fish per angler. Based on
model simulations, these measures are expected to result in catch of
cod and haddock that would not exceed the sub-ACL for either stock
(Table 1). On August 2, 2022, we published a rule (87 FR 47177) that
proposed changes to the recreational regulations for GOM cod and GOM
haddock for fishing year 2022, consistent with the recommendations of
the Council.
Table 1--Summary of the Status Quo and 2022 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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%
Predicted Simulations Predicted %
Possession Minimum size Open season catch under Possession Minimum size Open season (for Open season catch Simulations
limit (mt) haddock sub- limit hire) (private) (mt) under cod
ACL sub-ACL
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Status Quo Measures........... 15 17 inches (43.2 May 1-February 875 100 1 21 inches (53.3 September 8- September 15-30, 116 100
cm). 28, April 1-30. cm). October 7, April April 1-14.
1-14.
2022 Measures................. 20 May 1-February 1020 100 22 inches (55.9 September 1- September 1- 146 84
28, April 1-30. cm). October 7, April October 7,
1-14. April 1-14.
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We are implementing 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
2020 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.
Comments and Responses
We received three comments on the proposed rule, from three members
of the public. All three commenters opposed increasing the GOM haddock
bag limit from 15 fish to 20 fish, and supported either keeping the 15-
fish bag limit or reducing the bag limit to 10 fish.
Comment 1: Three individuals opposed increasing the recreational
bag limit for GOM haddock from 15 fish to 20 fish. All three supported
either retaining the 15-fish bag limit, or reducing the limit to 10
fish, and commented that a more conservative approach would result in a
healthier haddock stock and improved recreational fishing
opportunities.
Response: Sub-ACLs are designed to prevent overfishing while
allowing catch at levels that over the long-term help achieve optimum
yield. In recent years, the recreational and for-hire fleets have
harvested far fewer GOM haddock than the available sub-ACL for the
recreational fishery, in part because of regulations restricting GOM
haddock harvest opportunities with the goal of indirectly reducing
recreational mortality of GOM cod, as predicted in the bioeconomic
model. The bioeconomic model attempts to describe the impact that
directed haddock fishing has on cod mortality in the Gulf of Maine, as
the two stocks are often found together.
For fishing year 2022, the bioeconomic model simulation results
suggest that the 20-fish GOM haddock limit combined with the modified
GOM cod measures will not result in exceeding the recreational GOM
haddock or GOM cod sub-ACLs. The changes resulting from increasing the
GOM haddock limit from 15 fish to 20 fish are expected to be small as
few anglers catch the 15-fish bag limit. However, increasing the limit
to 20 fish provides additional harvest opportunity while still
appropriately constraining GOM cod catch. The model simulation results
suggest that a reduction in the GOM haddock limit to 10 fish would
unnecessarily limit harvest of GOM haddock by recreational anglers.
Additionally, the model predictions for GOM cod and GOM haddock
mortality in fishing year 2022 were based on these measures being
implemented for the entire 2022 fishing year. Although unintentional,
the implementation of the measures late in the fishing year is expected
to limit additional recreational harvest of GOM haddock. Therefore,
increasing the GOM haddock limit should allow greater utilization of
the recreational sub-ACL for GOM haddock without jeopardizing GOM cod
or GOM haddock.
Changes From the Proposed Rule
This rule implements regulations outlined in the proposed rule, and
there are no changes from the proposed measures in this final rule.
[[Page 53697]]
Classification
The Assistant Administrator for Fisheries, NOAA (AA), has
determined that this final rule is consistent with the Northeast
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and
other applicable law.
The Assistant Administrator for Fisheries finds that there is good
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the date of
effectiveness for this action. This final rule must be implemented as
soon as possible to allow recreational and for-hire anglers greater
benefits from measures in the rule, avoid potentially adverse economic
impacts, and preserve the intended outcomes of the measures for the
fishery.
A delay in implementation of this rule would have negative economic
effects for regulated entities in both the short term and the long
term, and would prevent the recreational fishery from realizing the
full intended benefits of the proposed measures. For-hire operators
have already booked trips with prospective anglers based on the
expectation that these measures would be implemented and take effect
prior to September 1, 2022, which is the beginning of the recreational
open season for GOM cod. If the measures in this rule have not taken
effect prior to September 1, 2022, anglers may cancel reservations or
try to reschedule trips for other dates; some operators may have to
reimburse clients for trips already booked, reserved, or paid for. This
could also hurt the business relationships between for-hire operators
and their clients, leading to longer term economic impacts for
operators.
In addition, providing for the 30-day delay in the date of
implementation for this final rule is unnecessary because this final
rule contains no new measures (e.g., it does not require new equipment)
for which regulated entities would otherwise need time to prepare for
or to revise their current practices. Furthermore, anglers and for-hire
operators who are subject to this action expect timely implementation
to avoid adverse economic impacts. This final rule is straightforward
and includes changes to recreational measures that were discussed
during a series of public meetings. This final rule contains yearly
measures that are familiar to and anticipated by fishery participants.
A 30-day delay in the date of implementation for the measures in this
action would undermine the economic benefits of the expanded GOM cod
recreational season; would delay the benefits of the expanded GOM
haddock limit, especially for for-hire vessels; and could lead to
considerable confusion among the recreational community about the
effective date of these measures, resulting in unintentional non-
compliance with recreational regulations. For these reasons, a 30-day
delay in the date of effectiveness for this final rule is unnecessary,
impracticable and contrary to the public interest.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification, which was published
in the proposed rule, has not changed and is not repeated here. No
comments were received regarding this certification. As a result, a
final regulatory flexibility analysis was not required and none was
prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: August 29, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out 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. 648.89:
0
a. Revise Table 1 to Paragraph (b)(1);
0
b. Amend paragraph (c)(1) introductory text by removing the phrase
``Table 2 to this paragraph (c)'' and adding, in its place, the phrase
``Table 2 to paragraph (c)(1)(i)'';
0
c. Amend paragraph (c)(1)(i) by removing the phrase ``Table 2 to
paragraph (c)'' and adding, in its place, the phrase ``Table 2 to
paragraph (c)(1)(i)'';
0
d. Revise Table 2 to Paragraph (c)(i);
0
e. Amend paragraph (c)(2) by removing the phrase ``Table 3 to this
paragraph (c)'' and adding, in its place, ``Table 3 to paragraph
(c)(2)'';
0
f. Revise Table 3 to Paragraph (c)(2).
The revisions read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) * * *
(1) * * *
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).
[[Page 53698]]
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(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.
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. 2022-18996 Filed 8-30-22; 4:15 pm]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 1, 2022.
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