Rule2024-16259
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2024 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
July 24, 2024
Effective
July 24, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rule implements changes to fishing year 2024 recreational management measures for Gulf of Maine (GOM) cod and GOM haddock. The measures are necessary to ensure the recreational fishery achieves, but does not exceed, fishing year 2024 catch limits for GOM cod and GOM haddock. Recreational measures for Georges Bank (GB) cod will remain unchanged in fishing year 2024.
Full Text
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<title>Federal Register, Volume 89 Issue 142 (Wednesday, July 24, 2024)</title>
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[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Rules and Regulations]
[Pages 59845-59850]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16259]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240719-0200]
RIN 0648-BM90
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2024 Recreational Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This rule implements changes to fishing year 2024 recreational
management measures for Gulf of Maine (GOM) cod and GOM haddock. The
measures are necessary to ensure the recreational fishery achieves, but
does not exceed, fishing year 2024 catch limits for GOM cod and GOM
haddock. Recreational measures for Georges Bank (GB) cod will remain
unchanged in fishing year 2024.
DATES: This rule is effective July 24, 2024.
ADDRESSES: To review the Federal Register documents referenced in this
rule, you can visit: <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: Mark Grant, Fishery Policy Analyst,
(978) 281-9145.
SUPPLEMENTARY INFORMATION:
Background
Measures for the GOM
The recreational fishery for GOM cod and GOM haddock is managed
under the Northeast Multispecies Fishery Management Plan (FMP). The
multispecies fishing year starts on May 1 and runs through April 30 of
the following calendar year. The FMP sets sub-annual catch limits (sub-
ACL) for the recreational fishery each fishing year for both stocks.
These sub-ACLs are a fixed proportion of the overall catch limit for
each stock. The FMP also includes proactive recreational accountability
measures (AM) to prevent the recreational sub-ACLs from being exceeded
and reactive AMs to correct the cause, or mitigate the effects, of an
overage if one occurs.
The proactive AM provision in the FMP provides a process for the
Regional Administrator, in consultation with the New England Fishery
Management Council (Council), to develop recreational management
measures for the upcoming fishing year to ensure that the recreational
sub-ACL is achieved, but not exceeded. The provisions governing this
action can be found in the FMP's implementing regulations at 50 CFR
648.89(f)(3).
The 2024 recreational sub-ACL for GOM cod, established by Framework
Adjustment 63 (87 FR 42375, July 15, 2022), is 192 metric tons (mt),
and remains the same as the 2023 recreational sub-ACL. The 2024
recreational sub-ACL for GOM haddock, established by Framework
Adjustment 66 (89 FR 35755, May 2, 2024), is 759 mt, which is a 4-
percent reduction from the 2023 sub-ACL of 793 mt.
The proposed rule for this action (89 FR 43364, May 17, 2024)
included information about the bio-economic model simulations that were
shared with the Council, its Recreational Advisory Panel (RAP), and its
Groundfish Oversight Committee (Committee). That information, and
details about the Council, Committee, and RAP discussions, are not
described further in this rule.
The RAP, the Committee, and the Council agreed on preferred
measures and the Council formally recommended a suite of measures to
NMFS on February 2, 2024. The Council recommended maintaining the GOM
[[Page 59846]]
cod open season and 1-fish bag limit, and increasing the minimum fish
size from 22 inches (55.9 centimeters (cm)) to 23 inches (58.4 cm);
combined with maintaining the GOM haddock open season, increasing the
minimum GOM haddock fish size from 17 inches (43.2 cm) to 18 inches
(45.7 cm) for private recreational vessels, and increasing the GOM
haddock bag limit from 10 fish to 15 fish for private recreational
vessels. These changes make the recreational GOM haddock measures the
same for all recreational vessels, rather than having different bag
limits and minimum fish sizes for private vessels and for-hire vessels,
as was implemented for the 2023 fishing year. The model projected that
maintaining that suite of measures for GOM haddock measures would not
sufficiently constrain catch to the quota. The new measures are
expected to adequately constrain recreational catch of GOM cod and GOM
haddock, based on the bio-economic model estimates. NMFS is
implementing this rule upon our determination that the Council
recommendations comply with the Magnuson-Stevens Fishery Conservation
and Management Act (MSA) requirements that management measures be based
in the best available science for GOM cod and GOM haddock for fishing
year 2024 (table 1).
[[Page 59847]]
Table 1--Summary of GOM Status Quo Measures and Final 2024 Measures, With Model Estimates of Catch and the Probability of Catch Remaining Below the Sub-ACLs
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GOM haddock GOM cod
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Private
Private For hire angler % Minimum %
For hire angler minimum minimum Projected Simulations Possession size Projected Simulations
possession possession size size Open season catch (mt) under limit inches Open season catch (mt) under cod
limit limit inches inches haddock sub- (cm) sub-ACL
(cm) (cm) ACL
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Status Quo Measures........... 15 10 18 (45.7) 17 (43.2) May 1-February 28/ 577.87 100 1 22 (55.9) September 1- 200.21 34
29 and April 1- October 31.
April 30.
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Final 2024 Measures........... 15
18 (45.7) May 1- 517.68 100.............. 1 23 (58.4) September 1- 181.69 63..............
February October 31
28/29 and
April 1-
April 30
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[[Page 59848]]
Measures for GB
This rule also announces that the current recreational measures for
GB cod will remain in place for fishing year 2024. The Council reviewed
the GB cod recreational catch and effort information provided by NMFS.
This information shows that maintaining the status quo measures for GB
cod would likely keep recreational catches close to the catch target of
113 mt in fishing year 2024, consistent with regulations for
establishing GB cod recreational measures at 50 CFR 648.89(g).
Comments and Responses
NMFS received two comments on the proposed rule from one individual
and from the Massachusetts Division of Marine Fisheries (MADMF).
Comment 1: One individual commented that the possession limits
applied to for-hire vessels should be further considered and limited to
eight fish per person fishing on a vessel because allowing possession
of fish by adding the captain and mate to the possession limit can
exceed the possession limit based on the number of paying customers.
Response: NMFS is approving the measures as proposed.
The measures in this rule are intended to allow the recreational
fishery to achieve, but not exceed, the recreational sub-ACLs. The
possession limit for a vessel is calculated based on the number of
individuals aboard the vessel, including a vessel's captain or crew on
a for-hire vessel, or non-fishing passengers on a private vessel. The
bio-economic model used to analyze recreational measures accounts for
potential possession by a captain or crew and includes all catch. Thus,
the measures are designed to constrain catch to the limit or target,
even accounting for captain or crew possession. Nevertheless, available
data suggest for-hire vessels typically do not fully harvest the
possession limit on every trip.
Comment 2: MADMF submitted a letter supporting the proposed
measures. In particular, MADMF supported setting uniform recreational
regulations for GOM haddock across all recreational fishing modes.
MADMF highlighted that recreational measures that differ by mode may
affect the uncertainty of catch estimates derived from the Marine
Recreational Information Program.
MADMF also raised a concern regarding delays in annual revisions to
recreational measures that result in implementing recreational measures
after the start of the fishing year. MADMF suggested setting regulatory
measures for periods of 2 to 3 years.
Response: The proposed measures are appropriate for fishing year
2024, and NMFS is implementing the measures as proposed.
NMFS will continue to work to publish a final recreational rule
prior to the start of the fishing year. As noted by MADMF in its
comment, analyzing recreational measures relies on updating the bio-
economic model with catch data from the most recent fishing year. Those
data are not available until late in the calendar year. As a result, it
is challenging to develop potential measures, consult with the Council,
and implement changes prior to the start of the fishing year on May 1.
The Council and its RAP could investigate alternative approaches to
setting recreational measures for multiple years. The FMP sets sub-ACLs
for the recreational fishery for each fishing year. These sub-ACLs have
the potential to differ year to year, based on the most recent science,
and static recreational measures may not be sufficient to ensure that
the recreational sub-ACL is achieved, but not exceeded. However, there
may be approaches to developing recreational measures that may stay in
place for multiple years.
Changes From the Proposed Rule
This rule implements regulations outlined in the proposed rule, and
there are no changes from the proposed measures in this final rule.
Classification
NMFS is issuing this final rule pursuant to section 305(d) of the
MSA. In a previous action taken pursuant to section 304(b), the FMP was
designed to specify the process for NMFS to take this action pursuant
to MSA section 305(d). See 50 CFR 648.89(f)(3) and (g). The NMFS
Assistant Administrator has determined that this final rule is
consistent with the Northeast Multispecies FMP, the MSA, and other
applicable law.
The Assistant Administrator for Fisheries finds that there is good
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the date of
effectiveness for this action. This final rule must be implemented as
soon as possible to reduce the potential for overfishing and avoid
regulatory confusion. The regulations governing development and
implementation of these measures are designed to facilitate
implementation in a timely way for annual and seasonal measures. The
fishing year begins May 1 each year, but catch data necessary to update
the bio-economic model is not available until late in the previous
calendar year. Using the updated model to evaluate potential measures,
and the public process for developing such measures, at times can
result in implementing measures after May 1, as happened here. Due to
timing constraints resulting from the Council-recommend measures being
finalized on January 31, 2024, NMFS was unable to publish a proposed
rule until May 17, 2024 (89 FR 43364). The comment period for that rule
ended on June 3, 2024. NMFS required additional time to consider the
comments received and develop this final rule.
Recreational measures also often include seasonal restrictions or
modifications designed with timing requirements essential to meeting
their conservation and management goals and objectives. A delay in the
implementation of measures may result in overages or overfishing. For
GOM haddock, less restrictive status quo measures for private
recreational fishing vessels have been in effect since May 1, 2024,
potentially increasing catch above the levels predicted in the bio-
economic model, and raising the likelihood of an overage. GOM haddock
is subject to overfishing and these recreational measures are part of
the overall set of measures designed for commercial and recreational
fishing to prevent overfishing.
Furthermore, anglers and for-hire operators who are subject to this
action expect timely implementation to provide regulatory certainty,
prevent overages and overfishing, and prevent adverse economic impacts
that would arise from an overage. This final rule follows a process for
setting yearly measures that is familiar to, and anticipated by,
fishery participants. During the development of this rule, and, in
particular, after the proposed rule comment period ended, state natural
resource agencies sought information from NMFS about the status and
timing of the implementation of these measures, because of their need
to revise state measures to match Federal measures and to inform their
state rulemaking processes. They regularly urged NMFS to finalize the
measures as quickly as practicable.
[[Page 59849]]
The open season for GOM cod does not begin until September 1. As a
result, there will be more than 30 days after publication of this rule
before members of the recreational fishing community will be affected
by the change to the minimum size for GOM cod and state resource
agencies will have greater than 30 days after publication of this rule
to follow their state processes for revising recreational measures.
For these reasons, a 30-day delay in the date of effectiveness for
this final rule is unnecessary, impracticable, and contrary to the
public interest.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification, which was published
in the proposed rule, has not changed and is not repeated here. No
comments were received regarding this certification. As a result, a
final regulatory flexibility analysis was not required and none was
prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 19, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
648 as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 648.89, by revising table 1 to paragraph (b)(1) and
table 2 to paragraph (c)(1)(i) to read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) * * *
(1) * * *
Table 1 to Paragraph (b)(1)
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Charter/party Private minimum size Maximum size
minimum size -------------------------------------------
Species ----------------------
inches cm inches cm inches cm
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Cod:
Inside GOM Regulated Mesh Area \1\........ 23 58.4 23 58.4 N/A N/A
Outside GOM Regulated Mesh Area \1\....... 23 58.4 23 58.4 N/A N/A
Haddock:
Inside GOM Regulated Mesh Area \1\........ 18 45.7 18 45.7 N/A N/A
Outside GOM Regulated Mesh Area \1\....... 18 45.7 18 45.7 N/A N/A
Pollock....................................... 19 48.3 19 48.3 N/A N/A
Witch Flounder (gray sole).................... 14 35.6 14 35.6 N/A N/A
Yellowtail Flounder........................... 13 33.0 13 33.0 N/A N/A
American Plaice (dab)......................... 14 35.6 14 35.6 N/A N/A
Atlantic Halibut.............................. 41 104.1 41 104.1 N/A N/A
Winter Flounder (black back).................. 12 30.5 12 30.5 N/A N/A
Redfish....................................... 9 22.9 9 22.9 N/A N/A
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\1\ GOM Regulated Mesh Area specified in Sec. 648.80(a).
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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............................. September 1-April 30; 5........................... June 1-August 31.
May 1-31.
GOM Cod............................ September 1-October 31 1........................... May 1-August 31;
November 1-April 30.
GB Haddock......................... All Year.............. Unlimited................... N/A.
GOM Haddock........................ May 1-February 28 (or 15.......................... March 1-March 31.
29); April 1-30.
GB Yellowtail Flounder............. All Year.............. Unlimited................... N/A.
SNE/MA Yellowtail Flounder......... All Year.............. Unlimited................... N/A.
CC/GOM Yellowtail Flounder......... All Year.............. Unlimited................... N/A.
American Plaice.................... All Year.............. Unlimited................... N/A.
Witch Flounder..................... All Year.............. Unlimited................... N/A.
GB Winter Flounder................. All Year.............. Unlimited................... N/A.
GOM Winter Flounder................ All Year.............. Unlimited................... N/A.
SNE/MA Winter Flounder............. All Year.............. Unlimited................... N/A.
Redfish............................ All Year.............. Unlimited................... N/A.
White Hake......................... All Year.............. Unlimited................... N/A.
Pollock............................ All Year.............. Unlimited................... N/A.
[[Page 59850]]
Northern Windowpane Flounder....... CLOSED................ No retention................ All Year.
Southern Windowpane Flounder....... CLOSED................ No retention................ All Year.
Ocean Pout......................... CLOSED................ No retention................ All Year.
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Atlantic Halibut................... See paragraph (c)(3) of this section.
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Atlantic Wolffish.................. CLOSED................ No retention................ All Year.
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[FR Doc. 2024-16259 Filed 7-23-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 24, 2024.
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