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Proposed Rule2023-11494

Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 65

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Published

May 31, 2023

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

This action proposes to approve and implement Framework Adjustment 65 to the Northeast Multispecies Fishery Management Plan. This rule proposes to revise the rebuilding plan for Gulf of Maine cod, set catch limits for 16 of the 20 multispecies (groundfish) stocks, and make a temporary modification to the accountability measures for Georges Bank cod. This action also corrects erroneous regulations and removes outdated regulations. This action is necessary to respond to updated scientific information and to achieve the goals and objectives of the fishery management plan. The proposed 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 88 Issue 104 (Wednesday, May 31, 2023)</title>
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[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Proposed Rules]
[Pages 34810-34821]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11494]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230524-0138]
RIN 0648-BL95

Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 65

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 action proposes to approve and implement Framework
Adjustment 65 to the Northeast Multispecies Fishery Management Plan.
This rule proposes to revise the rebuilding plan for Gulf of Maine cod,
set catch limits for 16 of the 20 multispecies (groundfish) stocks, and
make a temporary modification to the accountability measures for
Georges Bank cod. This action also corrects erroneous regulations and
removes outdated regulations. This action is necessary to respond to
updated scientific information and to achieve the goals and objectives
of the fishery management plan. The proposed 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: Comments must be received by 5 p.m. EST on June 15, 2023.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2023-0021,
by the following method:
<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-2023-0021 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. 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. You may submit anonymous
comments by entering ``N/A'' in the required fields if you wish to
remain anonymous.
Copies of Framework Adjustment 65, 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#d29ebba8fc81a7bebebba4b3bc92bcbdb3b3fcb5bda4"><span class="__cf_email__" data-cfemail="662a0f1c4835130a0a0f100708260809070748010910">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Summary of Proposed Measures

This action would implement the management measures in Framework
Adjustment 65 to the Northeast Multispecies Fishery Management Plan
(FMP). The New England Fishery Management Council reviewed the proposed
regulations and deemed them consistent with, and necessary to
implement, Framework 65 in a May 4, 2023, letter from Council Chairman
Eric Reid to Regional Administrator Michael Pentony. Under the
Magnuson-Stevens Act, on behalf of the Secretary of Commerce, the
Greater Atlantic Regional Fisheries Office's Regional Administrator
approves, disapproves, or partially approves measures that the Council
proposes, based on consistency with the Act and other applicable law.
NMFS reviews proposed regulations for consistency with the fishery
management plan, plan amendment, the Magnuson-Stevens Act and other
applicable law. The Regional Administrator is seeking comments on these
proposed regulations and intends to promulgate the final regulations
after careful consideration of any submitted comments. Through
Framework 65, the Council proposes to:
<bullet> Revise the rebuilding plan for Gulf of Maine (GOM) cod;
<bullet> Set shared U.S./Canada quotas for Georges Bank (GB)
yellowtail flounder and eastern GB cod and haddock for fishing years
2023 and 2024;
<bullet> Set specifications, including catch limits for 16
groundfish stocks: GB haddock, GOM haddock, Southern New England/Mid-
Atlantic (SNE/MA) yellowtail flounder, Cape Cod (CC)/GOM yellowtail
flounder, American plaice, witch flounder, GB winter flounder, GOM
winter flounder, SNE/MA winter flounder, pollock, ocean pout, Atlantic
halibut, and Atlantic wolffish for fishing years 2023-2025, GB cod and
GB yellowtail flounder for fishing years 2023-2024; and white hake for
fishing year 2023;
<bullet> Remove the management uncertainty buffer for sectors for
GOM haddock and white hake, if the at-sea monitoring (ASM) target
coverage level is set at 90 percent or greater for the 2023 fishing
year only; and
<bullet> Make a temporary modification to the accountability
measures (AM) for GB cod.
This action also proposes regulatory corrections that are not part
of Framework 65, but that may be considered and implemented under
section 305(d) authority in the Magnuson-Stevens Act to make changes
necessary to carry out the FMP. NMFS is proposing these corrections in
conjunction with the Framework 65 proposed measures for expediency
purposes. These proposed corrections are described in Regulatory
Corrections under Secretarial Authority.

Rebuilding Plan for Gulf of Maine Cod

Framework 65 would revise the rebuilding plan for GOM cod. The
current rebuilding plan for GOM cod, as implemented by Framework 51 to
the FMP (79 FR 22421, April 22, 2014), has a target date of 2024. On
August 13, 2021, the Regional Administrator notified the Council that
the stock was not making adequate rebuilding progress. The deadline to
implement a rebuilding plan is August 13, 2023.
The Magnuson-Stevens Act requires that overfished stocks be rebuilt
as quickly as possible, not to exceed 10 years when biologically
possible, accounting for the status and biology of the stocks, the
needs of fishing communities, and the interaction of the overfished
stock within the marine ecosystem. Rebuilding plans must have at least
a 50-percent probability of success. Selection of a rebuilding plan
with a higher probability of success is one way of addressing
uncertainty, but this does not affect the standard used in the future
to determine whether a stock is rebuilt. The minimum rebuilding time

[[Page 34811]]

(T<INF>min</INF>) is the amount of time a stock is expected to take to
rebuild to the biomass (B) associated with maximum sustainable yield
(MSY) in the absence of any fishing mortality (F). The actual timeline
set with a rebuilding plan (T<INF>target</INF>) may be greater than
T<INF>min</INF>, but cannot exceed the maximum rebuilding time
(T<INF>max</INF>). T<INF>max</INF> is 10 years if T<INF>min</INF> is
less than 10 years. In situations where T<INF>min</INF> exceeds 10
years, T<INF>max</INF> establishes a maximum time for rebuilding that
is linked to the biology of the stock.
The GOM cod rebuilding program proposed in this action would
rebuild the stock within 10 years, or by 2033, which is the maximum
time period allowed by the Magnuson-Stevens Act. Projections suggest
the stock could rebuild in 7 years at an F of zero. Fishing mortality
of zero for GOM cod is currently technologically and economically
impracticable given available gear, fishing methods, fishery management
capability, and the multispecies nature of the commercial and
recreational fishery. In addition to these factors, other biological
and economic factors were identified and considered by the Council in
setting T<INF>target</INF> = T<INF>max.</INF> First, recent recruitment
estimates for this stock have been below average, and recruitment may
be lower than assumed in the rebuilding projections, making the
T<INF>min</INF> projections (7 years at F = 0) likely to be overly
optimistic. There is uncertainty around the stock's natural mortality,
and under one of the two approved models (M-ramp, M=0.4), the stock
cannot rebuild in the rebuilding projections. Long-term projections for
many groundfish stocks have tended to be overly optimistic, such that
future levels of biomass are overestimated and fishing mortality is
underestimated. Additionally, recent commercial utilization of the GOM
cod annual catch limit (ACL) is high, indicating that the stock is an
important component of the fishing industry; a longer rebuilding period
considers the needs of the fishing communities as much as practicable.
The proposed rebuilding plan for GOM cod would set F<INF>rebuild</INF>
at 60 percent of F<INF>MSY</INF> with a 70-percent probability of
achieving B<INF>MSY</INF> under the M=0.2 model.
As part of the revised rebuilding plan for GOM cod, we propose to
remove regulations at 50 CFR 648.90(a)(2)(iv), which include a review
process for the rebuilding plans for GOM cod and American plaice. The
revised rebuilding plan for GOM cod does not contain this Council
review process, but is still subject to Secretarial review for
determining adequate rebuilding progress. As of 2019, American plaice
is rebuilt and no longer in a rebuilding plan, making this regulation
unnecessary.

Fishing Years 2023 and 2024 Shared U.S./Canada Quotas

Management of Transboundary Georges Bank Stocks

Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are
jointly managed with Canada under the United States/Canada Resource
Sharing Understanding. The Transboundary Management Guidance Committee
(TMGC) is a government-industry committee made up of representatives
from the United States and Canada. For historical information about the
TMGC see: <a href="http://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php">http://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php</a>.
Each year, the TMGC recommends a shared quota for each stock based on
the most recent stock information and the TMGC's harvest strategy. The
TMGC's harvest strategy for setting catch levels is to maintain a low
to neutral risk (less than 50 percent) of exceeding the fishing
mortality limit for each stock. The harvest strategy also specifies
that when stock conditions are poor, fishing mortality should be
further reduced to promote stock rebuilding. The shared quotas are
allocated between the United States and Canada based on a formula that
considers historical catch (10-percent weighting) and the current
resource distribution (90-percent weighting).
For GB yellowtail flounder, the Council's Scientific and
Statistical Committee (SSC) also recommends an acceptable biological
catch (ABC) for the stock. The ABC is typically used to inform the U.S.
TMGC's discussions with Canada for the annual shared quota. Although
the stock is jointly managed with Canada, and the TMGC recommends
annual shared quotas, the Council may not set catch limits that would
exceed the SSC's recommendation. The SSC does not recommend ABCs for
eastern GB cod and haddock because they are management units of the
total GB cod and haddock stocks. The SSC recommends overall ABCs for
the total GB cod and haddock stocks. The shared U.S./Canada quota for
eastern GB cod and haddock is included in these overall ABCs, and must
be consistent with the SSC's recommendation for the total GB stocks.

2023 and 2024 U.S./Canada Quotas

The Transboundary Resources Assessment Committee assessed the three
transboundary stocks in July 2022, and detailed summaries of these
assessments can be found at: <a href="https://www.nefsc.noaa.gov/assessments/trac/">https://www.nefsc.noaa.gov/assessments/trac/</a>. The TMGC met in September 2022 to recommend shared quotas for
2023 based on the updated assessments, and made recommendations for
eastern GB cod and GB yellowtail flounder. The Council adopted the
TMGC's recommendations in Framework 65. The TMGC was unable to reach
consensus on the most appropriate combined Canada/U.S. quota for
eastern GB haddock. Instead, the Council selected a U.S. quota based on
the shared quota supported by the U.S. delegation and the established
method of determining the allocation for each country (42 percent of
3,619 mt), and supported using 2,320 mt as an estimate of possible
Canadian catch.
Framework 65 proposes to set the same shared quotas for a second
year (i.e., for fishing year 2024) as placeholders, with the
expectation that those quotas will be reviewed annually and new
recommendations will be received from the TMGC. The proposed 2023 and
2024 shared U.S./Canada quotas, and each country's allocation, are
listed in Table 1.

Table 1--Proposed 2023 and 2024 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................... 520.................... No agreement........... 200.
U.S. Quota........................... 135 (26 percent)....... 1,520.................. 106 (53 percent).
Canadian Quota....................... 385 (74 percent)....... 2,320 (estimate)....... 94 (47 percent).
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[[Page 34812]]

The proposed 2023 U.S. quotas for the three shared stocks represent
decreases compared to 2022: Eastern GB cod by 15.6 percent, eastern GB
haddock by 77 percent, and GB yellowtail flounder by 13 percent. For a
more detailed discussion of the TMGC's 2023 catch advice, including a
description of each country's quota share, see the TMGC's guidance
document that will be posted at: <a href="https://www.greateratlantic.fisheries.noaa.gov/">https://www.greateratlantic.fisheries.noaa.gov/</a>.
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. If catch information for the
2022 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 2023 fishing year in a future management action, as close to
May 1, 2023, as possible. If any fishery that 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 2023-2025

Summary of the Proposed Catch Limits

Tables 2 through 11 show the proposed catch limits for the 2023-
2025 fishing years. A brief summary of how these catch limits were
developed is provided below. More details on the proposed catch limits
for each groundfish stock can be found in Appendix II (Calculation of
Northeast Multispecies Annual Catch Limits, FY 2023-FY 2025) to the
Framework 65 Environmental Assessment (see ADDRESSES for information on
how to get this document).
Through Framework 65, the Council proposes to adopt catch limits
for 13 stocks for the 2023-2025 fishing years and for white hake for
the 2023 fishing year, based on stock assessments completed in 2022,
and catch limits for GB cod and GB yellowtail flounder for fishing
years 2023-2024. Framework 61 (86 FR 40353, July 28, 2021) previously
set 2023 quotas for redfish, northern windowpane flounder, and southern
windowpane flounder based on assessments conducted in 2020, and those
would remain in place. Framework 63 (87 FR 42375, July 15, 2022)
previously set the 2023-2024 quota for GOM cod, based on an assessment
conducted in 2021, and that would also remain in place. Table 2
provides an overview of which catch limits, if any, would change, as
proposed in Framework 65, as well as when the stock was most recently
assessed. Table 3 provides the percent change in the 2023 catch limit
compared to the 2022 fishing year.

Table 2--Changes to Catch Limits, as Proposed in Framework 65
------------------------------------------------------------------------
Most recent Proposed change in
Stock assessment framework 65
------------------------------------------------------------------------
GB Cod......................... 2021 New 2023-2024 ABC.
GOM Cod........................ 2021 Adjust sub-components,
2023-2024 catch limit
set by Framework 63.
GB Haddock..................... 2022 New 2023-2025 ABC.
GOM Haddock.................... 2022 New 2023-2025 ABC.
GB Yellowtail Flounder......... 2022 New 2023-2024 ABC.
SNE/MA Yellowtail Flounder..... 2022 New 2023-2025 ABC.
CC/GOM Yellowtail Flounder..... 2022 New 2023-2025 ABC.
American Plaice................ 2022 New 2023-2025 ABC.
Witch Flounder................. 2022 New 2023-2025 ABC.
GB Winter Flounder............. 2022 New 2023-2025 ABC.
GOM Winter Flounder............ 2022 New 2023-2025 ABC.
SNE/MA Winter Flounder......... 2022 New 2023-2025 ABC.
Redfish........................ 2020 No change: 2023 catch
limit set by Framework
61.
White Hake..................... 2022 New 2023 ABC.
Pollock........................ 2022 New 2023-2025 ABC.
N. Windowpane Flounder......... 2020 Adjust sub-components,
2023 catch limit set
by Framework 61.
S. Windowpane Flounder......... 2020 Adjust sub-components,
2023 catch limit set
by Framework 61.
Ocean Pout..................... 2022 New 2023-2025 ABC.
Atlantic Halibut............... 2022 New 2023-2025 ABC.
Atlantic Wolffish.............. 2022 New 2023-2025 ABC.
------------------------------------------------------------------------
N = Northern; S = Southern

Table 3--Proposed Fishing Years 2023-2025 Overfishing Limits and Acceptable Biological Catches
[mt, live weight]
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2023 Percent 2024 2025
Stock -------------------------- change from ---------------------------------------------------
OFL U.S. ABC 2022 OFL U.S. ABC OFL U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod....................................................... UNK 519 51 UNK 519 ........... ...........
GOM Cod...................................................... 853 551 0 980 551 ........... ...........
GB Haddock................................................... 18,482 11,901 -85 17,768 11,638 15,096 9,962
GOM Haddock.................................................. 2,515 1,936 -83 2,655 2,038 2,627 2,017
GB Yellowtail Flounder....................................... UNK 106 -13 UNK 106 ........... ...........
SNE/MA Yellowtail Flounder................................... 55 40 82 89 40 345 40
CC/GOM Yellowtail Flounder................................... 1,436 1,115 35 1,279 992 1,184 915
American Plaice.............................................. 7,316 5,699 102 7,091 5,520 6,763 5,270
Witch Flounder............................................... UNK 1,256 -15 UNK 1,256 UNK 1,256
GB Winter Flounder........................................... 2,361 1,702 180 2,153 1,549 2,100 1,490

[[Page 34813]]

GOM Winter Flounder.......................................... 1,072 804 62 1,072 804 1,072 804
SNE/MA Winter Flounder....................................... 1,186 627 38 1,425 627 1,536 627
Redfish...................................................... 13,229 9,967 -1 ........... ........... ........... ...........
White Hake................................................... 2,650 1,845 -13 ........... ........... ........... ...........
Pollock...................................................... 19,617 15,016 -11 18,208 13,940 17,384 13,294
N. Windowpane Flounder....................................... UNK 160 0 ........... ........... ........... ...........
S. Windowpane Flounder....................................... 513 384 0 ........... ........... ........... ...........
Ocean Pout................................................... 125 87 0 125 87 125 87
Atlantic Halibut............................................. UNK 86 -15 UNK 86 UNK 86
Atlantic Wolffish............................................ 124 93 1 124 93 124 93
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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.

Overfishing Limits and Acceptable Biological Catches

The overfishing limit (OFL) is calculated to set the maximum amount
of fish that can be caught in a year, without constituting overfishing.
The ABC is typically set lower than the OFL to account for scientific
uncertainty. For GB cod, GB haddock, and GB yellowtail flounder, the
total ABC is reduced by the amount of the Canadian quota (see Table 1
for the Canadian and U.S. shares of these stocks). Although the TMGC
recommendations were only for fishing year 2023, the portion of the
shared quota that would be allocated to Canada (or assumed for Canada,
in the case of GB haddock) in fishing year 2023 was used to project the
U.S. portions of the ABCs for these three stocks for 2024. This avoids
artificially inflating the U.S. ABC up to the total ABC for the 2024
fishing year. The TMGC will make new recommendations for 2024, which
would replace any quotas for these stocks set in this action.
Additionally, although GB winter flounder, white hake, and Atlantic
halibut are not jointly managed with Canada, there is some Canadian
catch of these stocks. Because the total ABC must account for all
sources of fishing mortality, expected Canadian catch of GB winter
flounder (38 mt), white hake (52 mt), and Atlantic halibut (74 mt) is
deducted from the total ABC. The U.S. ABC is the amount available to
the U.S. fishery after accounting for Canadian catch (see Table 3). For
stocks without Canadian catch, the U.S. ABC is equal to the total ABC.
The OFLs are currently unknown for GB cod, GB yellowtail flounder,
witch flounder, northern windowpane flounder, and Atlantic halibut. For
2023, the SSC recommended maintaining the unknown OFL for GB cod, GB
yellowtail flounder, witch flounder, and Atlantic halibut. Empirical
stock assessments are used for these five stocks, and these assessments
can no longer provide quantitative estimates of the status
determination criteria, nor were appropriate proxies for stock status
determination able to be developed. In the temporary absence of an OFL,
in this and previous actions, we have considered recent catch data and
estimated trends in stock biomass as an indication that the catch
limits derived from ABCs are sufficiently managing fishing mortality at
a rate that is preventing overfishing. The SSC recommended setting the
GB cod ABC based on an average between the output of the iSmooth
(previously referred to as ``PlanBsmooth'') approach and the total
calendar year catch from 2020, which results in an increase
(approximately 20 percent) from the previously set ABC value. Despite
this increase, the SSC states that its recommendation is intended to
support stock rebuilding by maintaining low catches relative to
historic levels. The SSC noted that the fishing mortality in the GB
yellowtail flounder fishery does not appear to be limiting stock
recovery. However, the continued low stock biomass and poor recruitment
for this stock warrant maintaining low catch levels. For witch
flounder, the SSC supported the continued use of the swept-area biomass
average and fixed harvest fraction for setting the ABC, noting that the
target harvest fraction is low relative to the historic harvest
fraction for this stock and that the recommended ABC for witch flounder
is not likely to result in overfishing. While the catch multiplier for
Atlantic halibut remains below 1 for the last four years, despite
reductions in ABC advice, the SSC highlighted the uncertainty of
Canadian catch estimates and stated that the recommended ABC is not
likely to result in overfishing. For each of these stocks, the Council
has relied on the SSC to provide advice on the likelihood of preventing
overfishing and promoting rebuilding under the proposed ABCs. Based on
these considerations, we have preliminarily determined that these ABCs
are a sufficient limit for preventing overfishing and are consistent
with the National Standards. This action does not propose any changes
to the status determination criteria for these stocks.
Subsequent to submitting Framework 65 to NMFS for review and
rulemaking, at its April meeting the New England Council made a new
request for NMFS to implement an emergency rule under section 305(c) of
the Magnuson-Stevens Act to increase the ABC for GOM haddock based on
concerns regarding the economic impacts of the low quota proposed in
this action. We are considering this separately from Framework 65, and
therefore it is not discussed further here.

ABC for Georges Bank Cod

The GB cod 2021 management track assessment followed the iSmooth
approach, using updated commercial fishery catch data through calendar
year 2020 and updated research survey indices of abundance through
2021. In Framework 63, the Council decided to set the GB cod ABC at 754
mt for only one year (fishing year 2022), requiring the Council to make
a new recommendation for fishing years 2023 and 2024 in the current
framework. The SSC met in August 2022 to discuss alternatives for the
GB cod ABC for fishing years 2023 and 2024, and a majority of the SSC
recommended an ABC of 904 mt, the average between the output of the
iSmooth and the 2020 calendar year catch of GB cod (based on

[[Page 34814]]

the 2021 assessment). The Council selected 904 mt as its preferred
option for the GB cod ABC.
The Council's EA for Framework 65 states that the 904 mt ABC would
reduce, but not eliminate, adverse economic impacts, compared to the
fishing year 2022 ABC of 754 mt. The Council included an updated
analysis in its Framework 65 submission, applying the iSmooth approach
using fall 2021 and spring 2022 surveys and catch data through 2021,
consistent with the methodology and data sources used by the SSC when
recommending the fishing year 2022 ABC. This updated analysis resulted
in an amount that is 74 mt higher than the 904-mt ABC recommended by
the Council. The Council did not revise its recommendation with the
higher amount. Instead, it has demonstrated that the 904-mt ABC
recommendation would contribute to stock rebuilding while having a low
probability of overfishing. The sector component of the fishery will
have a high (90-percent) target coverage level of monitoring in fishing
year 2023, which is anticipated to help ensure the accuracy of
commercial catch data.

Annual Catch Limits

Development of Annual Catch Limits
The U.S. ABC for each stock is divided among the various fishery
components to account for all sources of fishing mortality. An estimate
of catch expected from state waters and the other sub-component (e.g.,
non-groundfish fisheries or some recreational groundfish fisheries) is
deducted from the U.S. ABC. The remaining portion of the U.S. ABC is
distributed to the fishery components that receive an allocation for
the stock. Components of the fishery that receive an allocation have a
sub-ACL set by reducing their portion of the ABC to account for
management uncertainty and are subject to AMs if they exceed their
respective catch limit during the fishing year. For GOM cod and haddock
only, the U.S. ABC is first divided between the commercial and
recreational fisheries, before being further divided into sub-
components and sub-ACLs. This process is described fully in Appendix II
of the Framework 65 Environmental Assessment.
Recreational Catch Target for GB Cod
GB cod is not allocated to the recreational fishery. Instead, a
catch target is set and used to calculate the amount deducted to
account for state and other sub-component catch. Framework 65 proposes
to set the GB cod recreational catch target based on the proportional
change to the GB cod U.S. ABC from fishing year 2022 to 2023. Under the
Council's preferred alternative of a 904-mt GB cod ABC, the
recreational catch target would be 113 mt, which is an increase from
the 75-mt catch target set for fishing year 2022.
Framework 63 modified the regulatory process for the Regional
Administrator to adjust recreational measures to prevent the
recreational catch target from being exceeded for fishing years 2023
and 2024. Any change to the recreational measures for GB cod would be
implemented through a separate rulemaking.
Sector and Common Pool Allocations
For stocks allocated to sectors, the commercial groundfish sub-ACL
is further divided into the non-sector (common pool) sub-ACL and the
sector sub-ACL, based on the total vessel enrollment in sectors and the
cumulative potential sector contributions (PSC) associated with those
sectors. The sector and common pool sub-ACLs proposed in this action
are based on final fishing year 2023 sector rosters. All permits
enrolled in a sector, and the vessels associated with those permits,
had until April 30, 2023, to withdraw from a sector and fish in the
common pool for the 2023 fishing year. In addition to the enrollment
delay, all permits that change ownership after the roster deadline were
able to join a sector (or change sector) through April 30, 2023.
Management Uncertainty Buffer for Sectors
In Framework 65, the Council proposes to remove the management
uncertainty buffer for the sector sub-ACL for GOM haddock and white
hake, for only the 2023 fishing year, if the at-sea monitoring (ASM)
coverage target is 90 percent or higher. The Council's goal is to
mitigate the economic impacts of the ACLs for these two stocks by
increasing the sector sub-ACLs if the ASM coverage target is high
enough to reduce uncertainty. Amendment 23 (87 FR 75852, December 9,
2022) implemented a measure to set the management uncertainty buffer
for the sector sub-ACL for each allocated groundfish stock to zero. In
years that the ASM coverage target is set at 100 percent, the
management uncertainty buffer will default to zero for the sector sub-
ACL for allocated stocks, unless the Council's consideration of the
100-percent coverage target warrants specifying a different management
uncertainty buffer in order to prevent exceeding the sub-ACL. The
process by which the Council evaluates and sets management uncertainty
buffers was unchanged by Amendment 23 and the Council may adjust
management uncertainty buffers in future actions.
On March 16, 2023, the Regional Administrator announced that the
fishing year 2023 ASM coverage target will be 90 percent. Therefore, if
this measure is approved, sectors' sub-ABCs for GOM haddock and white
hake would not be reduced to account for the management uncertainty for
fishing year 2023 (see Table 4). The fishery would remain accountable
for remaining within the sub-ACLs allocated to it for both stocks
affected by this measure, and the removal of the management uncertainty
buffer for the sectors alone is not likely to cause the ABC or OFL to
be exceeded. The revised management uncertainty buffers apply only to
sectors and not to the common pool component of the fishery or other
sub-ACLs or sub-components for any stocks. In the case of GOM haddock,
the recreational fishery and common pool fishery would both retain a
management uncertainty buffer; for white hake, only the common pool
fishery would have a management uncertainty buffer applied. Therefore,
a certain level of uncertainty buffer will continue to exist for each
stock's ACL.
Common Pool Total Allowable Catches
The common pool sub-ACL for each allocated stock (except for SNE/MA
winter flounder) is further divided into trimester TACs. Table 7
summarizes the common pool trimester TACs proposed in this action.
Incidental catch TACs are also specified for certain stocks of
concern (i.e., stocks that are overfished or subject to overfishing)
for common pool vessels fishing in the special management programs
(i.e., special access programs (SAP) and the Regular B Days-at-Sea
(DAS) Program), in order to limit the catch of these stocks under each
program. Tables 8 through 11 summarize the proposed Incidental Catch
TACs for each stock and the distribution of these TACs to each special
management program.

[[Page 34815]]

Table 4--Proposed Catch Limits for the 2023 Fishing Year
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Midwater Small- State
Stock Total ACL Groundfish Sector sub- Common pool Recreational trawl Scallop mesh waters sub- Other sub-
sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
A to H A + B + C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 500 375 364 11 .............. .......... .......... .......... 42 83
GOM Cod......................................................... 522 470 268 11 192 .......... .......... .......... 48 3.4
GB Haddock...................................................... 11,301 11,080 10,829 251 .............. 221 .......... .......... 0 0
GOM Haddock *................................................... 1,888 1,818 1,183 25 610 18 .......... .......... 45 6.4
GB Yellowtail Flounder.......................................... 103 84 80 4.5 .............. .......... 16.5 2.0 0.0 0.0
SNE/MA Yellowtail Flounder...................................... 38 33 25 8.1 .............. .......... 2.7 .......... 0.2 2.0
CC/GOM Yellowtail Flounder...................................... 1,063 985 931 54 .............. .......... .......... .......... 34 45
American Plaice................................................. 5,417 5,360 5,210 150 .............. .......... .......... .......... 29 29
Witch Flounder.................................................. 1,196 1,145 1,104 41 .............. .......... .......... .......... 19 31
GB Winter Flounder.............................................. 1,651 1,634 1,585 50 .............. .......... .......... .......... 0 17
GOM Winter Flounder............................................. 772 607 519 88 .............. .......... .......... .......... 153 12.1
SNE/MA Winter Flounder.......................................... 604 441 387 53 .............. .......... .......... .......... 19 144
Redfish......................................................... 9,469 9,469 9,369 99 .............. .......... .......... .......... 0 0
White Hake *.................................................... 1,844 1,826 1,808 18 .............. .......... .......... .......... 0 19
Pollock......................................................... 14,325 13,124 13,001 123 .............. .......... .......... .......... 676 526
N. Windowpane Flounder.......................................... 150 105 na 105 .............. .......... 31 .......... 0.8 13
S. Windowpane Flounder.......................................... 371 45 na 45 .............. .......... 129 .......... 13 184
Ocean Pout...................................................... 83 49 na 49 .............. .......... .......... .......... 0 34
Atlantic Halibut................................................ 83 64 na 64 .............. .......... .......... .......... 17 1.3
Atlantic Wolffish............................................... 87 87 na 87 .............. .......... .......... .......... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors
* GOM haddock and white hake catch limits are based on the removal of the management uncertainty buffer.

Table 5--Proposed Catch Limits for the 2024 Fishing Year *
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Midwater Small- State
Stock Total ACL Groundfish Sector sub- Common pool Recreational trawl Scallop mesh waters sub- Other sub-
sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
A to H A + B + C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 500 375 364 11 .............. .......... .......... .......... 42 83
GOM Cod......................................................... 522 470 268 11 192 .......... .......... .......... 48 3
GB Haddock...................................................... 11,052 10,835 10,590 245 .............. 217 .......... .......... 0 0
GOM Haddock..................................................... 1,925 1,852 1,183 26 643 19 .......... .......... 47 7
GB Yellowtail Flounder.......................................... 103 84 80 4.5 .............. .......... 17 2.0 0 0
SNE/MA Yellowtail Flounder...................................... 38 33 25 8.1 .............. .......... 2.7 .......... 0.2 2.0
CC/GOM Yellowtail Flounder...................................... 946 877 828 48 .............. .......... .......... .......... 30 40
American Plaice................................................. 5,247 5,192 5,046 145 .............. .......... .......... .......... 28 28
Witch Flounder.................................................. 1,196 1,145 1,104 41 .............. .......... .......... .......... 19 31
GB Winter Flounder.............................................. 1,503 1,488 1,442 45 .............. .......... .......... .......... 0 16
GOM Winter Flounder............................................. 772 607 519 88 .............. .......... .......... .......... 153 12.1
SNE/MA Winter Flounder.......................................... 604 441 387 53 .............. .......... .......... .......... 19 144
Pollock......................................................... 13,299 12,184 12,070 114 .............. .......... .......... .......... 627 488
Ocean Pout...................................................... 83 49 na 49 .............. .......... .......... .......... 0 34
Atlantic Halibut................................................ 83 64 na 64 .............. .......... .......... .......... 17 1.3
Atlantic Wolffish............................................... 87 87 na 87 .............. .......... .......... .......... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors
* Northeast multispecies stocks not included in Table 5 do not have catch limits approved or proposed for fishing year 2024.

[[Page 34816]]

Table 6--Proposed Catch Limits for the 2025 Fishing Year *
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Midwater Small- State
Stock Total ACL Groundfish Sector sub- Common pool Recreational trawl Scallop mesh waters sub- Other sub-
sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
A to H A + B + C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Haddock...................................................... 9,460 9,275 9,065 210 .............. 185 .......... .......... 0 0
GOM Haddock..................................................... 1,905 1,833 1,171 26 636 19 .......... .......... 47 7
SNE/MA Yellowtail Flounder...................................... 38 33 25 8 .............. .......... 3 .......... 0 2
CC/GOM Yellowtail Flounder...................................... 873 808 764 45 .............. .......... .......... .......... 28 37
American Plaice................................................. 5,009 4,957 4,818 139 .............. .......... .......... .......... 26 26
Witch Flounder.................................................. 1,196 1,145 1,104 41 .............. .......... .......... .......... 19 31
GB Winter Flounder.............................................. 1,446 1,431 1,387 44 .............. .......... .......... .......... 0 15
GOM Winter Flounder............................................. 772 607 519 88 .............. .......... .......... .......... 153 12.1
SNE/MA Winter Flounder.......................................... 604 441 387 53 .............. .......... .......... .......... 19 144
Pollock......................................................... 12,683 11,619 11,510 109 .............. .......... .......... .......... 598 465
Ocean Pout...................................................... 83 49 na 49 .............. .......... .......... .......... 0 34
Atlantic Halibut................................................ 83 64 na 64 .............. .......... .......... .......... 17 1.3
Atlantic Wolffish............................................... 87 87 na 87 .............. .......... .......... .......... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors
* Northeast multispecies stocks not included in Table 6 do not have catch limits approved or proposed for fishing year 2025.

Table 7--Proposed Fishing Years 2023-2025 Common Pool Trimester TACs
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 2024 2025
Stock --------------------------------------------------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................. 3.0 3.6 4.1 3.0 3.6 4.1 ........... ........... ...........
GOM Cod............................ 5.2 3.5 1.9 5.2 3.5 1.9 ........... ........... ...........
GB Haddock......................... 67.6 82.7 100.2 66.1 80.8 98.0 56.6 69.2 83.9
GOM Haddock........................ 6.6 6.4 11.6 7.0 6.7 12.2 6.9 6.7 12.1
GB Yellowtail Flounder............. 0.9 1.4 2.3 0.9 1.4 2.3 ........... ........... ...........
SNE/MA Yellowtail Flounder......... 1.7 2.3 4.1 1.7 2.3 4.1 1.7 2.3 4.1
CC/GOM Yellowtail Flounder......... 31.0 14.1 9.2 27.6 12.6 8.2 25.5 11.6 7.6
American Plaice.................... 111.0 12.0 27.0 107.5 11.6 26.2 102.6 11.1 25.0
Witch Flounder..................... 22.6 8.2 10.3 22.6 8.2 10.3 22.6 8.2 10.3
GB Winter Flounder................. 4.0 12.0 33.9 3.6 10.9 30.8 3.5 10.5 29.6
GOM Winter Flounder................ 32.7 33.6 22.1 32.7 33.6 22.1 32.7 33.6 22.1
Redfish............................ 24.8 30.8 43.7 ........... ........... ........... ........... ........... ...........
White Hake......................... 6.7 5.5 5.5 ........... ........... ........... ........... ........... ...........
Pollock............................ 34.4 42.9 45.4 31.9 39.9 42.1 30.4 38.0 40.2
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 8--Proposed Common Pool Incidental Catch TACs for the 2023-2025 Fishing Years
[mt, live weight]
----------------------------------------------------------------------------------------------------------------
Percentage of
Stock common pool 2023 2024 2025
sub-ACL
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................... 1.68 0.18 0.18 ..............
GOM Cod......................................... 1 0.11 0.11 ..............
GB Yellowtail Flounder.......................... 2 0.09 0.09 ..............
CC/GOM Yellowtail Flounder...................... 1 0.54 0.48 0.45
American Plaice................................. 5 7.50 7.27 6.94
Witch Flounder.................................. 5 2.06 2.06 2.06
SNE/MA Winter Flounder.......................... 1 0.53 0.53 0.53
----------------------------------------------------------------------------------------------------------------

Table 9--Percentage of Incidental Catch TACs Distributed to Each Special
Management Program
------------------------------------------------------------------------
Eastern U.S./
Stock Regular B DAS CA Haddock SAP
Program (%) (%)
------------------------------------------------------------------------
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

[[Page 34817]]

Witch Flounder.......................... 100 n/a
SNE/MA Winter Flounder.................. 100 n/a
------------------------------------------------------------------------

Table 10--Proposed Fishing Years 2023-2025 Incidental Catch TACs for Each Special Management Program
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regular B DAS Program Eastern U.S./Canada Haddock SAP
Stock -----------------------------------------------------------------------------------------------
2023 2024 2025 2023 2024 2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.................................................. 0.11 0.11 .............. 0.07 0.07 ..............
GOM Cod................................................. 0.11 0.11 .............. n/a n/a n/a
GB Yellowtail Flounder.................................. 0.05 0.05 .............. 0.05 0.05 ..............
CC/GOM Yellowtail Flounder.............................. 0.54 0.48 0.45 n/a n/a n/a
American Plaice......................................... 7.50 7.27 6.94 n/a n/a n/a
Witch Flounder.......................................... 2.06 2.06 2.06 n/a n/a n/a
SNE/MA Winter Flounder.................................. 0.53 0.53 0.53 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 11--Proposed Fishing Years 2023-2025 Regular B DAS Program Quarterly Incidental Catch TACs
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2023 2024 2025
-----------------------------------------------------------------------------------------------------------------------------------
Stock 1st 2nd 3rd 4th 1st 2nd 3rd 4th 1st 2nd 3rd 4th
Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter
(13%) (29%) (29%) (29%) (13%) (29%) (29%) (29%) (13%) (29%) (29%) (29%)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod...................................................... 0.01 0.03 0.03 0.03 0.01 0.03 0.03 0.03 ......... ......... ......... .........
GOM Cod..................................................... 0.01 0.03 0.03 0.03 0.01 0.03 0.03 0.03 ......... ......... ......... .........
GB Yellowtail Flounder...................................... 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 ......... ......... ......... .........
CC/GOM Yellowtail Flounder.................................. 0.07 0.16 0.16 0.16 0.06 0.14 0.14 0.14 0.06 0.13 0.13 0.13
American Plaice............................................. 0.98 2.18 2.18 2.18 0.94 2.11 2.11 2.11 0.90 2.01 2.01 2.01
Witch Flounder.............................................. 0.27 0.60 0.60 0.60 0.27 0.60 0.60 0.60 0.27 0.60 0.60 0.60
SNE/MA Winter Flounder...................................... 0.07 0.15 0.15 0.15 0.07 0.15 0.15 0.15 0.07 0.15 0.15 0.15
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Temporary Modification to Accountability Measures for GB Cod

As described above, a portion of the ABC is set aside to account
for an estimate of catch in state waters (including both commercial and
recreational vessels) and catch in federal waters by the other non-
specified fisheries (including non-groundfish commercial and
recreational groundfish vessels). For allocated groundfish stocks,
there are no accountability measures for the state and other sub-
components; an overage to the ACL results in accountability measures
for the allocated components of the groundfish fishery. If the overall
ACL for a stock is exceeded, the amount of the overage due to catch
from vessels fishing in state waters or other, non-specified fisheries
is distributed between the allocated components of the groundfish
fishery. Each component's attributed share of the overage is added to
that component's catch to determine whether the AM for that component
is triggered and the resulting overage amount. For the commercial
fishery (sectors and common pool), the AM due to an overage is payback
in a subsequent fishing year.
Framework 65 would temporarily modify the AMs for GB cod when an
ACL overage that occurs in fishing years 2022-2024 is (in part or
entirely) due to vessels fishing in state waters or other, non-
specified fisheries. If in the year following the overage (Year 2), the
ACL is not achieved or exceeded by any amount, the ACL underage would
be proportionately applied to each component's share of the overage
from Year 1. While the preliminary AM (i.e., payback) would be
implemented at the beginning of Year 3, any reduction to the overage
(due to the underage in Year 2) would be made through an in-season
adjustment as soon as possible in Year 3.
For example, if an ACL overage occurred in fishing year 2022, due
to (in part or entirely) excess catch from the state or other sub-
components, NMFS would determine the amount of this overage after the
end of fishing year 2022, i.e., in fishing year 2023. NMFS would then
proportionately apply the excessive catch attributed to the state and
other-subcomponents to catch from the allocated groundfish fisheries;
in the case of GB cod, this would be sectors and the common pool. If
the resulting sum of sector catch plus the sectors' share of the state
or other sub-component's overage resulted in an overage of the sector
sub-ACL, sectors would be required to pay back this overage, pound for
pound. The same

[[Page 34818]]

would be done for the common pool's catch and share of the state and
other sub-components' overage. Under the modification proposed in this
action, however, if there were an underage of the ACL in fishing year
2023, this underage would be distributed between sectors and the common
pool. The overage payback would be implemented at the start of fishing
year 2024, but NMFS would implement the reduction of the payback due to
the 2023 ACL underage through an in-season adjustment in 2024.

Regulatory Corrections Under Secretarial Authority

This rule corrects an error in the northeast regulations for
monitoring service providers. We are making this correction consistent
with section 305(d) of the Magnuson-Stevens Act, which provides that
the Secretary of Commerce may promulgate regulations necessary to
ensure that amendments to an FMP are carried out in accordance with the
FMP and the Magnuson-Stevens Act. This change is necessary to correct
the regulations detailing insurance requirements for monitoring
companies to reference the national requirements.
On September 8, 2022, NMFS published a final rule (87 FR 54902)
that implemented national insurance requirements for observer providers
at 50 CFR 600.748 and revised the northeast regional monitoring program
regulations at Sec. 648.11(h)(3)(vii) to reference the newly
established national insurance requirements. The final rule
implementing Amendment 23 to the Northeast Multispecies FMP (87 FR
75852, December 9, 2022) inadvertently overwrote the northeast regional
monitoring program regulations that referred to the national insurance
requirements. This rule corrects the regulations at Sec.
648.11(h)(3)(vii)(A) to reference the national insurance requirements.
This correction is necessary to eliminate confusion and ensure the
northeast monitoring program is consistent with the national insurance
requirements.
Framework 65 would also make minor changes in the regulations. It
would remove regulatory text that is specific to previous fishing
years. Specifically, this action would remove a sentence in 50 CFR
648.90(a)(4)(iii)(H)(2) that is specific to the allocation of certain
stocks for fishing years 2010 and 2011, and remove the paragraphs at
Sec. 648.90(a)(5)(iv)(B) through (D) that are specific to temporary
(up through fishing year 2020) modifications to the triggers for the
Atlantic sea scallop fishery's AMs for certain flatfish stocks. It
would correct sections of the regulations (Sec. Sec.
648.87(b)(1)(i)(A) and 648.90(a)(4)(iii)(F)) that refer to the northern
and southern windowpane flounder as GOM/GB and SNE/MA windowpane
flounder, respectively, which is inconsistent with other sections of
the regulations. It would remove a section of text that describes the
Fippenies Ledge Area that was moved to a different section of the
regulations, but not deleted from Sec. 648.87(c)(2)(i)(A). It would
correct several citations in Sec. Sec. 648.87(c)(2)(i) and 648.86(c)
to paragraphs within Sec. 648.90(a)(5)(i) that were redesignated in a
previous action, but the citations were not updated.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with Framework 65, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment. In making the final determination,
the Regional Administrator will consider the data, views, and comments
received during the public comment period.
NMFS finds that a 15-day comment period for this action provides a
reasonable opportunity for public participation in this action, while
also ensuring that the final specifications are in place as close to
start of the groundfish fishing year on May 1, 2023, as possible. This
action was developed by the New England Fishery Management Council as
part of the annual Framework Adjustment process, during which final
action was taken in December 2022. However, due to the need for
additional analysis regarding the measures proposed in Framework 65,
the Council was not able to submit the final Framework until April 18,
2023. This action could not be proposed sooner as a result of the
delays in submission. Stakeholder and industry groups have been
involved with the development of this action and have participated in
public meetings throughout the past year. A prolonged comment period
and subsequent potential delay in implementation would be contrary to
the public interest, as it would leave in place default quotas for some
stocks that do not already have specifications for fishing year 2023,
rather than replacing them with the quotas proposed in this rule, which
are based on the best available science. For multiple stocks, the
fishery is operating under lower quotas than those proposed in
Framework 65, and an extended delay could limit economic opportunities
for the fishery, as well as lead to confusion and uncertainty.
Providing timely access to these stocks is also a potential safely
issue. A significant portion of fishing activity occurs in early
summer, due to better weather, and for some smaller vessels, summer may
be the only season in which they are able to participate in the
fishery.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared for
this proposed rule, as required by section 603 of the Regulatory
Flexibility Act, 5 U.S.C. 603. The IRFA describes the economic impact
that this proposed rule would have on small entities, including small
businesses, and also determines ways to minimize these impacts. The
IRFA includes this section of the preamble to this rule and analyses
contained in Framework 63 and its accompanying EA/RIR/IRFA. A copy of
the full analysis is available from the Council (see ADDRESSES). A
summary of the IRFA follows.

Description of the Reasons Why Action by the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, This Proposed
Rule

This action proposes management measures, including annual catch
limits, for the multispecies fishery in order to prevent overfishing,
rebuild overfished groundfish stocks, and achieve optimum yield in the
fishery. A complete description of the action, why it is being
considered, and the legal basis for this action are contained in
Framework 65, and elsewhere in the preamble to this proposed rule, and
are not repeated here.

Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply

The proposed rule would impact the commercial and 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, 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

[[Page 34819]]

of the Regulatory Flexibility Act analysis, the ownership entities, not
the individual vessels, are considered to be the regulated entities.
As of June 1, 2022, NMFS had issued 681 commercial limited-access
groundfish permits associated with vessels (including those in
confirmation of permit history (CPH)), 610 party/charter groundfish
permits, 699 limited access and general category Atlantic sea scallop
permits, 717 small-mesh multispecies permits, 73 Atlantic herring
permits, and 758 large-mesh non-groundfish permits (limited access
summer flounder and scup permits). Therefore, this action potentially
regulates 3,538 permits. When accounting for overlaps between
fisheries, this number falls to 2,027 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 2021 permits and contains
gross sales associated with those permits for calendar years 2019
through 2021.
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 2019 through 2021. 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 (2019-2021) is utilized in determining
annual receipts for businesses primarily engaged in for-hire fishing.
Based on the ownership data, 1,506 distinct business entities hold
at least one permit that the proposed action potentially regulates. All
1,506 business entities identified could be directly regulated by this
proposed action. Of these 1,506 entities, 865 are commercial fishing
entities, 274 are for-hire entities, and 367 did not have revenues
(were inactive in 2021). Of the 865 commercial fishing entities, 854
are categorized as small entities and 11 are categorized as large
entities, per the NMFS guidelines. Furthermore, 515 of these commercial
fishing entities held limited access groundfish permits, with 512 of
these entities being classified as small businesses and 3 of these
entities being classified as large businesses. All 274 for-hire
entities are categorized as small businesses.

Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule

The proposed action does not contain any new collection-of-
information requirements under the Paperwork Reduction Act (PRA).

Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule

The proposed action does not duplicate, overlap, or conflict with
any other Federal rules.

Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities

The economic impacts of each proposed measure are discussed in more
detail in sections 6.5 and 7.12 of the Framework 65 Environmental
Assessment (see ADDRESSES) and are not repeated here. The Council
considered several options within the proposed GOM cod rebuilding plan,
including a F<INF>rebuild</INF> that are lower (50 percent of
F<INF>MSY</INF>) and higher (70 and 75 percent of F<INF>MSY</INF>). The
quotas that were set by Framework 63 remain in place for fishing years
2023-2024, and the proposed rebuilding strategy for GOM cod is expected
to positively impact the groundfish fishery in the long-term through
stock rebuilding. For the updated groundfish specifications, the
Council also considered two lower ABC for GB cod, which would have
greater negative economic impacts than the preferred alternative. There
are no significant alternatives that would minimize the economic
impacts. The proposed action is predicted to generate $74.2 million in
gross revenues on the sector portion of the commercial groundfish
trips, which is $41.7 million more than No Action, but $4.0 million
less than fishing year 2021. 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 GOM haddock
for fishing year 2023. While this decline is expected to result in
short-term negative impacts, decreased GOM haddock catch in fishing
year 2023 is expected to yield long-term positive impacts through stock
rebuilding.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Recordkeeping, and reporting requirements.

Dated: May 24, 2023.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

For the reasons stated in the preamble, NMFS proposes to amend 50
CFR part 648 as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec. 648.11, revise paragraph (h)(3)(vii)(A) to read as follows:

Sec. 648.11 Monitoring coverage.

* * * * *
(h) * * *
(3) * * *
(vii) * * *
(A) A monitoring service provider must hold insurance specified at
Sec. 600.748(b) and (c) of this chapter.
* * * * *
0
3. In Sec. 648.86, revise paragraph (c) to read as follows:

Sec. 648.86 NE Multispecies possession restrictions.

* * * * *
(c) Atlantic halibut. A vessel issued a NE multispecies permit
under Sec. 648.4(a)(1) may land or possess on board no more than one
Atlantic halibut per trip, provided the vessel complies with other
applicable provisions of this part, unless otherwise specified in Sec.
648.90(a)(5)(i)(F).
* * * * *
0
4. Amend Sec. 648.87 by:

[[Page 34820]]

0
a. Revising paragraph (b)(1)(i)(A) and the first sentence of paragraph
(c)(2)(i); and
0
b. Removing paragraphs (c)(2)(i)(A) and (B).
The revisions read as follows:

Sec. 648.87 Sector allocation.

* * * * *
(b) * * *
(1) * * *
(i) * * *
(A) Allocated stocks. Each sector shall be allocated a TAC in the
form of an ACE for each NE multispecies stock, with the exception of
Atlantic halibut, ocean pout, windowpane flounder (both the northern
and southern stocks), and Atlantic wolffish based upon the cumulative
PSCs of vessels/permits participating in each sector during a
particular fishing year, as described in paragraph (b)(1)(i)(E) of this
section.
* * * * *
(c) * * *
(2) * * *
(i) Regulations that may not be exempted for sector participants.
The Regional Administrator may not exempt participants in a sector from
the following Federal fishing regulations: Specific times and areas
within the NE multispecies year-round closure areas; permitting
restrictions (e.g., vessel upgrades, etc.); gear restrictions designed
to minimize habitat impacts (e.g., roller gear restrictions, etc.);
reporting requirements; and AMs specified in Sec. 648.90(a)(5)(i)(D)
through (H). * * *
* * * * *
0
5. Amend Sec. 648.90 by:
0
a. Removing and reserving paragraph (a)(2)(iv);
0
b. Revising paragraphs (a)(4)(iii)(A) and (B), (a)(4)(iii)(F), the
introductory text of paragraph (a)(4)(iii)(H), paragraphs
(a)(4)(iii)(H)(1)(i) and (a)(4)(iii)(H)(2), the second sentence of
paragraph (a)(5)(i)(D), and paragraph (a)(5)(ii);
0
c. Removing and reserving paragraph (a)(5)(iv)(B); and
0
d. Removing paragraphs (a)(5)(iv)(C) and (D).
The revisions read as follows:

Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.

* * * * *
(a) * * *
(4) * * *
(iii) * * *
(A) Regulated species or ocean pout catch by vessels operating only
in state waters. The catch of regulated species or ocean pout that is
expected to be harvested by vessels operating only in state waters that
have not been issued a Federal NE multispecies permit and are not
subject to the regulations specified in this part, as well as the
recreational catch of regulated species or ocean pout that occurs in
state waters, unless otherwise specified in paragraph
(a)(4)(iii)(H)(1)(i) of this section, shall be deducted from the ABC/
ACL of each regulated species or ocean pout stock pursuant to the
process for specifying ABCs and ACLs, as described in this paragraph
(a)(4).
(B) Regulated species or ocean pout catch by other, non-specified
fisheries. Regulated species or ocean pout catch by other, non-
specified fisheries, including, but not limited to, exempted fisheries
that occur in Federal waters, fisheries harvesting exempted species
specified in Sec. 648.80(b)(3), and recreational fisheries that occur
in Federal waters, unless otherwise specified in paragraph
(a)(4)(iii)(H)(1)(i) of this section, shall be deducted from the ABC/
ACL of each regulated species or ocean pout stock, pursuant to the
process to specify ABCs and ACLs described in this paragraph (a)(4),
unless otherwise specified in paragraphs (a)(4)(iii)(C) through (G) of
this section. The catch of these non-specified sub-components of the
ACL shall be monitored using data collected pursuant to this part. If
catch from such fisheries exceeds the amount specified in this
paragraph (a)(4)(iii)(B), AMs shall be developed to prevent the overall
ACL for each stock from being exceeded, pursuant to the framework
adjustment process specified in this section.
* * * * *
(F) Southern windowpane flounder catch by exempted fisheries.
Southern windowpane flounder catch by other, non-specified fisheries,
including, but not limited to, exempted fisheries that occur in Federal
waters and fisheries harvesting exempted species specified in Sec.
648.80(b)(3), shall be deducted from the ABC/ACL for southern
windowpane flounder pursuant to the process to specify ABCs and ACLs,
as described in this paragraph (a)(4). The specific value of the sub-
components of the ABC/ACL for southern windowpane flounder distributed
to these other fisheries shall be specified pursuant to the biennial
adjustment process specified in paragraph (a)(2) of this section.
* * * * *
(H) Regulated species or ocean pout catch by the NE multispecies
commercial and recreational fisheries. Unless otherwise specified in
the ACL recommendations developed pursuant to paragraph (a)(4)(i) of
this section, after all of the deductions and considerations specified
in paragraphs (a)(4)(iii)(A) through (G) and (a)(4)(iii)(H)(1) of this
section, the remaining ABC/ACL for each regulated species or ocean pout
stock shall be allocated to the NE multispecies commercial fishery,
pursuant to paragraph (a)(4)(iii)(H)(2) of this section.
* * * * *
(1) * * *
(i) Stocks allocated. Unless otherwise specified in this paragraph
(a)(4)(iii)(H)(1), the ABCs/ACLs for GOM cod and GOM haddock set
pursuant to paragraph (a)(4) of this section shall be divided between
commercial and recreational components, based upon the average
proportional catch of each component for each stock during fishing
years 2001 through 2006.
* * * * *
(2) Commercial allocation. Unless otherwise specified in this
paragraph (a)(4)(iii)(H)(2), the ABC/ACL for regulated species or ocean
pout stocks available to the commercial NE multispecies fishery, after
consideration of the recreational allocation pursuant to paragraph
(a)(4)(iii)(H)(1) of this section, shall be divided between vessels
operating under approved sector operations plans, as described at Sec.
648.87(c), and vessels operating under the provisions of the common
pool, as defined in this part, based upon the cumulative PSCs of
vessels participating in sectors calculated pursuant to Sec.
648.87(b)(1)(i)(E). The ABC/ACL of each regulated species or ocean pout
stocks not allocated to sectors pursuant to Sec. 648.87(b)(1)(i)(E)
(i.e., Atlantic halibut, ocean pout, windowpane flounder, and Atlantic
wolffish) that is available to the commercial NE multispecies fishery
shall be allocated entirely to the common pool, and catch from sector
and common pool vessels shall be attributed to this allocation. Unless
otherwise specified in paragraph (a)(5) of this section, regulated
species or ocean pout catch by common pool and sector vessels shall be
deducted from the sub-ACL/ACE allocated pursuant to this paragraph
(a)(4)(iii)(H)(2) for the purposes of determining whether adjustments
to common pool measures are necessary, pursuant to the common pool AMs
specified in Sec. 648.82(n), or whether sector ACE overages must be
deducted, pursuant to Sec. 648.87(b)(1)(iii).
* * * * *
(5) * * *
(i) * * *
(D) AMs for both stocks of windowpane flounder, ocean pout,

[[Page 34821]]

Atlantic halibut, and Atlantic wolffish. * * * If the overall ACL for
any of these stocks is exceeded, NMFS shall implement the appropriate
AM, as specified in paragraphs (a)(5)(i)(D) through (H) of this
section, in a subsequent fishing year, consistent with the APA. * * *
* * * * *
(ii) AMs due to excessive catch of regulated species or ocean pout
by state and other, non-specified fisheries. At the end of the NE
multispecies fishing year, NMFS will evaluate whether the catch of any
stock of regulated species or ocean pout by vessels operating only in
state waters or in other, non-specified fisheries, as defined in
paragraphs (a)(4)(iii)(A) and (B) of this section, exceeds the sub-
component of the ACL for that stock.
(A) AMs if the overall ACL for a regulated species or ocean pout
stock is exceeded. If the catch of any stock of regulated species or
ocean pout by vessels operating only in state waters or in other, non-
specified fisheries exceeds the sub-component of the ACL for that
stock, and the overall ACL for that stock is exceeded, then the amount
of the overage of the overall ACL for that stock attributed to catch
from vessels operating only in state waters or in other, non-specified
fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this
section, shall be distributed among components of the NE multispecies
fishery based upon each component's share of that stock's ACL available
to the NE multispecies fishery pursuant to paragraph (a)(4)(iii)(H) of
this section. Each component's share of the ACL overage for a
particular stock would be then added to the catch of that stock by each
component of the NE multispecies fishery. If the resulting sum of catch
of that stock for each component of the fishery exceeds that individual
component's share of that stock's ACL specified pursuant to paragraph
(a)(4)(iii)(H) of this section, then the AMs specified in paragraphs
(a)(5)(i)(A) through (C) of this section shall take effect, as
applicable, unless otherwise specified in paragraph (a)(5)(ii)(C) of
this section.
(B) AMs if the overall ACL for a regulated species or ocean pout
stock is not exceeded. If the catch of any stock of regulated species
or ocean pout by vessels operating only in state waters or in other,
non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and
(B) of this section, exceeds the sub-component of the ACL for that
stock, but the overall ACL for that stock is not exceeded, even after
consideration of the catch of that stock by other sub-components of the
fishery, then the AMs specified in this paragraph (a)(5)(ii) shall not
take effect.
(C) AMs for GB cod due to excessive catch by non-allocated
fisheries. For any overages of the GB cod ACL in the 2022-2024 fishing
years, the amount of overage of the overall ACL for GB cod attributed
to catch from vessels operating only in state waters or in other, non-
specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of
this section, would be reduced by any underage of the GB cod ACL in the
fishing year following the overage, in order to determine the total
amount that must be added to the catch by components of the NE
multispecies fishery, as specified in paragraph (a)(5)(i)(A) of this
section. If the full ACL of GB cod is caught or exceeded in the fishing
year following an overage, no reduction to this amount would be made.
For example, if in 2023 NMFS determines that 100 mt of GB cod catch by
vessels operating only in state waters or in other, non-specified
fisheries in fishing year 2022 has contributed to an ACL overage, NMFS
would implement the AMs specified in paragraph (a)(5)(ii)(A) of this
section at the beginning of fishing year 2024. If 2023 fishing year-end
data showed that total catch of GB cod in fishing year 2023 was 25 mt
below the 2023 ACL, NMFS would reduce the 100-mt overage amount by that
25-mt amount (down to 75 mt) in an in-season adjustment to the 2024
sub-ACLs, as specified in paragraph (a)(5)(i)(A) of this section.
* * * * *
[FR Doc. 2023-11494 Filed 5-30-23; 8:45 am]
BILLING CODE 3510-22-P

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