82_FR_24186 82 FR 24086 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2017; Recreational Management Measures

82 FR 24086 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2017; Recreational Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 100 (May 25, 2017)

Page Range24086-24092
FR Document2017-10703

NMFS proposes to modify recreational management measures for Gulf of Maine cod and haddock for the 2017 fishing year. This action proposes to prohibit recreational possession of cod, reduce the haddock bag limit, and implement a new closed season for haddock in the fall. The intended effect of this action is to reduce catch of cod and haddock. This action is necessary to ensure fishing year 2017 recreational catch limits are not exceeded.

Federal Register, Volume 82 Issue 100 (Thursday, May 25, 2017)
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Proposed Rules]
[Pages 24086-24092]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-10703]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 161220999-7467-01]
RIN 0648-BG52


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Groundfish Fishery; Fishing Year 2017; Recreational Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to modify recreational management measures for 
Gulf of Maine cod and haddock for the 2017 fishing year. This action 
proposes to prohibit recreational possession of cod, reduce the haddock 
bag limit, and implement a new closed season for haddock in the fall. 
The intended effect of this action is to reduce catch of cod and 
haddock. This action is necessary to ensure fishing year 2017 
recreational catch limits are not exceeded.

DATES: Comments must be received by June 9, 2017.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0048, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.

1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0048
2. Click the ``Comment Now!'' icon, complete the required fields, and
3. Enter or attach your comments.

--OR--

    Mail: Submit written comments to: John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Fishing Year 2017 Groundfish Recreational Measures.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the analyses supporting this rulemaking, including the 
Framework Adjustment 55 environmental assessment (EA) prepared by the 
New England Fishery Management Council, a supplemental EA to Framework 
Adjustment 55 prepared by the Greater Atlantic Regional Fisheries 
Office and Northeast Fisheries Science Center, and the supplemental 
information report (SIR) are available from: John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. The Framework Adjustment 55 EA, 
supplemental EA, and SIR are also accessible via the Internet at: 
http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/.

FOR FURTHER INFORMATION CONTACT: Mark Grant, Sector Policy Analyst, 
phone: 978-281-9145; email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

1. Fishing Year 2017 Recreational Management Measures
2. Regulatory Corrections Under Regional Administrator Authority

1. Proposed Recreational Management Measures for Fishing Year 2017

Background

    The recreational fishery for Gulf of Maine (GOM) cod and haddock is 
managed under the Northeast Multispecies Fishery Management Plan (FMP). 
Under the FMP, specific sub-annual catch limits (sub-ACL) for the 
recreational fishery are established for each fishing year for GOM cod 
and haddock. These sub-ACLs are a portion of the overall catch limit 
for each stock. The multispecies fishery opens on May 1 each year and 
runs through April 30 of the following calendar year. The FMP also 
contains recreational accountability

[[Page 24087]]

measures to prevent the recreational sub-ACLs from being exceeded, or 
to correct the cause if an overage of one occurs.
    The proactive accountability measure provision in the FMP indicates 
that the Regional Administrator shall, in consultation with the New 
England Fishery Management Council, develop recreational management 
measures for the upcoming fishing year necessary to ensure that the 
sub-ACL is achieved, but not exceeded. The provisions authorizing this 
action can be found in Sec.  648.89(f)(3) of the FMP's implementing 
regulations. This action also proposes additional measures necessary to 
facilitate enforcement of recreational management measures. These 
measures and corrections to other regulations also in this action are 
proposed under the authority of Sec.  305(d) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), which 
states that the Secretary of Commerce may promulgate regulations 
necessary to ensure that FMPs are implemented in accordance with the 
Magnuson-Stevens Act.
    Recreational catch and effort data are estimated by the Marine 
Recreational Information Program (MRIP), a comprehensive, multi-faceted 
survey system administered by NMFS that collects data from recreational 
anglers and captains. In 2016, the recreational sub-ACL for GOM cod 
increased 30 percent, and the recreational sub-ACL for GOM haddock 
increased 149 percent. Accordingly, the recreational measures set for 
2016 were more liberal than the 2015 measures to increase recreational 
fishing opportunities and catch. However, in 2016, cod catch increased 
more than predicted and the recreational sub-ACL was exceeded by 92 
percent. Haddock catch slightly exceeded the sub-ACL (by 15 percent). 
For 2017, the recreational sub-ACL for GOM haddock increases 25 
percent, from 928 mt to 1,160 mt, and the recreational sub-ACL for GOM 
cod remains unchanged at 157 mt. As specified in Table 1, compared to 
the 2016 catch, the 2017 sub-ACLs would allow for a 9-percent increase 
in haddock catch, but would require a 48-percent reduction in cod 
catch.

                Table 1--Fishing Year 2016 Catch Compared to Fishing Year 2016 and 2017 Sub-ACLs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Change in 2016
                                    2016 Catch     2016 Sub-ACL    Catch of 2016   2017 Sub-ACL   catch to reach
            GOM stock                  (mt)            (mt)           sub-ACL          (mt)        2017 sub-ACL
                                                                     (percent)                       (percent)
----------------------------------------------------------------------------------------------------------------
Cod.............................             302             157             192             157             -48
Haddock.........................           1,066             928             115           1,160              +9
----------------------------------------------------------------------------------------------------------------

Analysis of Measures for Fishing Year 2017

    A peer-reviewed bioeconomic model, developed by the Northeast 
Fisheries Science Center, was used to estimate 2017 recreational GOM 
cod and haddock mortality under various combinations of minimum sizes, 
possession limits, and closed seasons. Even when incorporating zero 
possession of GOM cod, the model estimates that the status quo measures 
for GOM haddock are not expected to constrain the catch of haddock, or 
the bycatch of cod, to the 2017 catch limits. The model estimates that 
the status quo haddock measures would result in cod catch of 292 mt and 
haddock catch of 1,299 mt (see Table 3), which would be 186 percent of 
the cod sub-ACL and 112 percent of the haddock sub-ACL.

Proposed Measures

    Because the recreational measures currently in place for GOM cod 
and haddock are not expected to constrain fishing year 2017 catch to 
the sub-ACLs, the proactive accountability measure requires adjustment 
of the management measures. The proposed measures are slightly more 
restrictive than the current measures. Recreational possession of GOM 
cod would be prohibited. The minimum size for GOM haddock would be 
unchanged, but the bag limit would be reduced from 15 fish to 12 fish, 
and a fall closed season would be added to the existing spring closure. 
We are soliciting comment on two different fall closures, as described 
in more detail below. The proposed fishing year 2017 recreational 
measures for GOM cod and haddock are specified in Table 2, along with 
information on fishing year 2016 measures for comparison.

        Table 2--Proposed GOM Cod and Haddock Recreational Management Measures for Fishing Year 2017 and Status Quo (Fishing Year 2016) Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Haddock                                                    Cod
                                      ------------------------------------------------------------------------------------------------------------------
            2017 Measures                 Haddock  possession     Minimum fish                     Cod possession limit    Minimum fish
                                          limit  (per angler)     size (inches)   Closed season        (per angler)        size (inches)   Closed season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Council Recommended..................  12 fish.................              17        3/1-4/14  N/A....................             N/A        5/1-4/30
                                                                                     9/17-10/31
Additional NMFS Option...............  12 fish.................              17        3/1-4/14  N/A....................             N/A        5/1-4/30
                                                                                       9/1-9/30
Status Quo...........................  15 fish.................              17        3/1-4/14  1 fish.................              24        5/1-7/31
                                                                                                                                               10/1-4/30
--------------------------------------------------------------------------------------------------------------------------------------------------------

Council Recommendations

    We consulted with the Council, and its Recreational Advisory Panel 
(RAP), in January 2017. The RAP met on January 18, 2017, to review 
catch projections under various scenarios of changed measures for 
fishing year 2017. The RAP discussed a number of alternatives, and 
specifically decided against any options that would include closures in 
May or that would set different measures for private anglers

[[Page 24088]]

and for-hire vessels. Ultimately, the RAP recommended the option that 
prohibited cod possession, and for haddock maintained the 17-inch 
minimum size, reduced the bag limit from 15 to 12 fish, and added a 
fall closure from September 17 through October 31 to the existing 
spring closure. On January 25, 2017, the Council discussed recreational 
measures for 2017. The Council declined the Groundfish Oversight 
Committee's suggestion to implement separate measures for the private 
and for-hire modes at this time in deference to having a larger public 
process to consider the concept. Ultimately, the Council recommended we 
implement the RAP's recommended option (see Table 2).
    The proposed measures are projected to result in fishing year 2017 
recreational GOM cod and haddock catches that do not exceed the sub-
ACLs (see Table 3), as explained further below. The analyses supporting 
this action are available as outlined in the ADDRESSES section of this 
rule's preamble.

                     Table 3--Projected Fishing Year 2017 Recreational Cod and Haddock Catch Under Proposed Measures and Status Quo
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Probability                     Probability
                                     Haddock Possession    Minimum Fish                      Predicted     Haddock Catch   Predicted Cod     Cod Catch
           2017 Measures             Limit (per angler)    Size (inches)  Closed  Season   Haddock Catch   Below sub-ACL    Catch  (mt)   Below  sub-ACL
                                                                                               (mt)          (percent)                       (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Council Recommended...............  12 fish.............              17        3/1-4/14           1,160              50             147              78
                                                                              9/17-10/31
Additional NMFS Option............  12 fish.............              17        3/1-4/14           1,137              70             149              78
                                                                                9/1-9/30
Status Quo........................  15 fish.............              17        3/1-4/14           1,299               0             292               0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The bioeconomic model's predicted probabilities that catch will 
remain at or below the sub-ACLs are informative. However, we are using 
preliminary MRIP data that will change when vessel trip report data 
from the for-hire fleet is incorporated (after June 15). MRIP estimates 
are highly variable from year to year. This combination of factors 
makes it difficult for the model to produce consistent predictions and 
to assess the underlying reasons for the discrepancies between 
predicted and actual catch. Historically, while the model's predictive 
power increases each year, the model underestimates recreational catch. 
Recent measures have generally resulted in catch close to the sub-ACLs; 
however, a number of overages have still occurred.

NMFS Additional Option

    The Magnuson-Stevens Act requires accountability measures to ensure 
compliance with ACLs. In 2014, the U.S. District Court for the District 
of Columbia in Guindon v. Pritzker, 2014 WL 1274076 (D.D.C. Mar. 26, 
2014) ruled against the agency's recreational fishery measures in the 
Gulf of Mexico red snapper fishery because the measures did not include 
a sufficient buffer, or additional accountability measures, to account 
for the management uncertainty represented by repeated ACL overages in 
past years. In light of the bioeconomic model's prediction that the 
Council's recommended measures have only a 50-percent probability of 
preventing haddock catch from exceeding the sub-ACL, the model's 
history of underestimating catch, and multiple overages over the past 
five years it may be prudent to implement more conservative measures. 
Therefore, in addition to the Council's recommended haddock measures, 
we are requesting comment on a set of measures with the same minimum 
size and bag limit, but a different fall closure (Additional NMFS 
Option in Table 2). As shown in Table 3, the model predicts shifting 
from a 6-week fall closure (9/17-10/31), as recommended by the Council, 
to a 4-week September closure (9/1-9/30), would slightly reduce haddock 
catch and increase the probability that haddock catch would not exceed 
the sub-ACL. The key difference is that closing the entirety of 
September eliminates high catches associated with Labor Day weekend. 
Thus, a shorter fall closure could be a more conservative approach; 
however, this closure would be at the expense of a holiday weekend that 
is popular with private anglers and economically important to a portion 
of the for-hire fleet.
    We are particularly interested in comments on the effects of the 
different fall closures of the Council's recommended option and NMFS 
additional option.

2. Regulatory Corrections and Other Measures Under Regional 
Administrator Authority

    In Sec.  648.89(b), we have added an exception to the minimum fish 
sizes for GOM cod and haddock to allow vessels to transit the GOM 
Regulated Mesh Area while in possession of cod and haddock caught 
outside the area, provided those fish meet the minimum sizes specified 
for fish caught outside the area. Amendment 16 to the FMP included 
seasonal closures of the GOM recreational fishery for cod and haddock, 
and also implemented a possession limit exemption to allow vessels to 
transit the GOM when it was closed while in possession of fish legally 
caught outside the area. At that time, there was a single minimum size 
for cod, and a single minimum size for haddock, regardless of where the 
fish were caught and the transiting provision included in Amendment 16 
did not address minimum fish size restrictions.
    Subsequently, we have changed the minimum sizes for GOM cod and 
haddock as part of the proactive accountability measures. We adjust the 
recreational measures for only GOM cod and haddock because these are 
the only stocks allocated a recreational sub-ACL. This has created a 
complicated system in which vessels may transit the GOM Regulated Mesh 
Area with fish legally caught outside the area in excess of the GOM 
possession limits, but those vessels must comply with the most 
restrictive minimum size of the two areas, rather than the minimum size 
applicable to where the fish were caught. The intent of this change is 
to simplify the existing transiting exemption by allowing any cod and 
haddock legally caught outside the GOM to be possessed by vessels 
transiting the GOM to ensure consistent implementation of the existing 
transiting provision.
    In Sec.  648.89(e), we have revised the text specifying the 
requirements for the letters of authorization allowing charter and 
party boats to fish in the GOM closed areas and the Nantucket

[[Page 24089]]

Lightship Closed Area to improve readability. In paragraph (e)(3), we 
have also corrected the name of the NMFS office issuing letters of 
authorization from the ``Northeast Regional Office'' to the ``Greater 
Atlantic Regional Fisheries Office.''
    In Sec.  648.89(f)(2)(ii), we removed text prohibiting the Regional 
Administrator from adjusting the possession limit for GOM cod while 
recreational possession of GOM cod was prohibited by the Northeast 
Multispecies FMP. In 2016, Framework Adjustment 55 removed this 
prohibition, but the final rule implementing Framework Adjustment 55 
inadvertently failed to remove this text. This change in intended to 
correct the regulations to accurately reflect the Council's intent in 
Framework Adjustment 55.

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 the Northeast Multispecies FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    This proposed rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities, and also determines ways to minimize 
these impacts. The IRFA includes sections of the preamble 
(SUPPLEMENTARY INFORMATION) and analyses supporting this rulemaking, 
including the Framework Adjustment 55 EA, the supplemental EA to 
Framework Adjustment 55, and the supplemental information report. A 
summary of the analysis follows (see ADDRESSES).

Description of the Reasons Why Action by the Agency Is Being Considered

    Because the recreational measures currently in place for GOM cod 
and haddock are not expected to constrain fishing year 2017 catch to 
the sub-ACLs, this action proposes new measures, as required by the 
FMP, to ensure that the sub-ACL is achieved, but not exceeded.

Statement of the Objectives of, and Legal Basis for, This Proposed Rule

    The accountability measures outlined in the FMP indicate that the 
Regional Administrator may, in consultation with the Council, modify 
the recreational management measures for the upcoming fishing year to 
ensure that the sub-ACL is achieved, but not exceeded. The provisions 
authorizing this action can be found in Sec.  648.89(f)(3) of the FMP's 
implementing regulations. The intended effect of this action is to 
reduce catch of cod and haddock. This action is necessary to ensure 
fishing year 2017 recreational catch limits are not exceeded.
    Additional measures necessary to facilitate enforcement of these 
accountability measures, consistent with the FMP, are authorized by 
section 305(d) of the Magnuson-Stevens Act. In Sec.  648.89(b), we have 
added an exception to the minimum fish sizes for GOM cod and haddock to 
allow vessels to transit the GOM Regulated Mesh Area while in 
possession of cod and haddock caught outside the area, provided those 
fish meet the minimum sizes specified for fish caught outside the area.
    In Sec.  648.89(e), we have revised the text specifying the 
requirements for the letters of authorization allowing charter and 
party boats to fish in the GOM closed areas and the Nantucket Lightship 
Closed Area to improve readability.
    In Sec.  648.89(f)(2)(ii), we removed text prohibiting the Regional 
Administrator from adjusting the possession limit for GOM cod while 
recreational possession of GOM cod was prohibited by the Northeast 
Multispecies FMP to accurately reflect the Council's intent in 
Framework Adjustment 55.

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

    The Small Business Administration (SBA) defines a small commercial 
finfishing or shellfishing business as a firm with annual receipts 
(gross revenue) of up to $11.0 million. A small for-hire recreational 
fishing business is defined as a firm with receipts of up to $7.5 
million. Having different size standards for different types of fishing 
activities creates difficulties in categorizing businesses that 
participate in multiple fishing related activities. For purposes of 
this assessment business entities have been classified into the SBA-
defined categories based on which activity produced the highest 
percentage of average annual gross revenues from 2013-2015, the most 
recent three-year period for which data are available. This 
classification is now possible because vessel ownership data have been 
added to Northeast permit database. The ownership data identify all 
individuals who own fishing vessels. Using this information, vessels 
can be grouped together according to common owners. The resulting 
groupings were treated as a fishing business for purposes of this 
analysis. Revenues summed across all vessels in a group and the 
activities that generate those revenues form the basis for determining 
whether the entity is a large or small business.
    The proposed regulations include closed seasons in addition to 
possession limits and size limits. For purposes of this analysis, it is 
assumed that for-hire businesses are directly affected by all three 
types of recreational fishing restrictions. According to the FMP, it is 
unlawful for the owner or operator of a charter or party boat issued a 
valid multispecies permit, when the boat is carrying passengers for 
hire, to:
     Possess cod or haddock in excess of the possession limits.
     Fish with gear in violation of the regulations.
     Fail to comply with the applicable restrictions if 
transiting the GOM Regulated Mesh Area with cod or haddock on board 
that was caught outside the GOM Regulated Mesh Area.
    As the for-hire owner and operator can be prosecuted under the law 
for violations of the proposed regulations, for-hire business entities 
are considered directly affected in this analysis. Anglers are not 
considered ``entities'' under the RFA and thus economic impacts on 
anglers are not discussed here.
    For-hire fishing businesses are required to obtain a Federal 
charter/party multispecies fishing permit in order to carry passengers 
to catch GOM cod or haddock. Thus, the affected businesses entities of 
concern are businesses that hold Federal multispecies for-hire fishing 
permits. While all business entities that hold for-hire permits could 
be affected by changes in recreational fishing restrictions, not all 
business that hold for-hire permits actively participate in a given 
year. Those who actively participate, i.e., land fish, would be the 
group of business entities that are impacted by the regulations. Latent 
fishing power (in the form of unfished permits) has the potential to 
alter the impacts on a fishery, but it's not possible to predict how 
many of these latent business entities will or will not participate in 
this fishery in fishing year 2017. The Northeast Federal landings 
database (i.e., vessel trip report data) indicates that a total of 645 
party/

[[Page 24090]]

charter vessels held a multispecies for-hire fishing permit in 2015 
(the most recent full year of available data). Of the 645 for-hire 
permitted vessels, however, only 208 actively participated in the for-
hire Atlantic cod and haddock fishery in fishing year 2015 (i.e., 
reported catch of cod or haddock).
    Using vessel ownership information developed from Northeast Federal 
permit data and Northeast vessel trip report data, it was determined 
that the 208 actively participating for-hire vessels are owned by 191 
unique fishing business entities. The vast majority of the 208 fishing 
businesses were solely engaged in for-hire fishing, but some also 
earned revenue from shellfish and/or finfish fishing. The highest 
percentage of annual gross revenues though for all but 18 of the 
fishing businesses was from for-hire fishing. In other words, the 
revenue from for-hire fishing was greater than the revenue from 
shellfishing and the revenue from finfish fishing for all but 18 of the 
business entities.
    According to the SBA size standards, small for-hire businesses are 
defined as firms with annual receipts of up to $7.5 million, and small 
commercial finfishing or shellfishing business as firms with annual 
receipts (gross revenue) of up to $11.0 million. Average annual gross 
revenue estimates calculated from the most recent three years (2013-
2015) indicate that none of the 191 for-hire business entities had 
annual receipts of more than $5.2 million from all of their fishing 
activities (for-hire, shellfish, and finfish). Therefore, all of the 
affected for-hire business entities are considered ``small'' by the SBA 
size standards and thus this action will not disproportionately affect 
small versus large for-hire business entities.

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

    There are no proposed reporting, recordkeeping, or other compliance 
requirements.

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

    The proposed action is authorized by the regulations implementing 
the NE Multispecies FMP. It does not duplicate, overlap, or conflict 
with 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

    A total of seven combinations of recreational measures were 
presented to the Recreational Advisory Panel, the Groundfish Oversight 
Committee, and the Council. This included the status quo and an option 
(presented to the Panel, Committee, and Council as Option 1) that 
prohibited cod possession while retaining the current haddock measures 
that would not have restrained catch to the quotas, and thus, would not 
have accomplished the objective. The proposed options that would 
accomplish the objectives were the Council recommended option 
(presented to the Panel, Committee, and Council as Option 2) and the 
additional NMFS option (presented to the Panel, Committee, and Council 
as Option 3), which are discussed in detail in the preamble. The 
remaining three options (Options 4, 5, and 6 in Table 4) that would 
accomplish the objective were discussed by all three groups. These 
remaining options were rejected either because implementation was 
viewed as confusing to the public (e.g., implementing a May closure 
shortly after the start of the fishing year on May 1) or in deference 
to having a larger public process to consider the concept (i.e., 
separate measures for the private anglers and the for-hire fleet).

                     Table 4--Projected Fishing Year 2017 Recreational Cod and Haddock Catch Under Alternative Measures Not Proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Haddock                                  Cod                             Probability              Probability
                          -----------------------------------------------------------------------------  Predicted    haddock     Predicted   cod catch
      2017 measures          Haddock                                    Cod                               haddock   catch below   cod catch   below sub-
                           possession    Minimum    Closed season   possession    Minimum     Closed    catch (mt)    sub-ACL       (mt)         ACL
                              limit     fish size                      limit     fish size    season                 (percent)                (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Option 4.................          15          17  3/1-4/14 2              N/A         N/A    5/1-4/30       1,118           73         153           61
                                                    weeks in May.
Option 5.................          10          17  3/1-4/14 2              N/A         N/A    5/1-4/30       1,149           68         157           51
                                                    weeks in May.
Option 6 Private.........          12          17  3/1-4/14.......         N/A         N/A    5/1-4/30       1,159           51         153           55
                                                   9/17-10/31.....
Option 6 For Hire........          10          17  3/1-4/14.......         N/A         N/A    5/1-4/30
--------------------------------------------------------------------------------------------------------------------------------------------------------

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 19, 2017
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

0
2. In Sec.  648.89:
0
a. Revise paragraphs (b)(2) and (c)(1);
0
b. Remove paragraph (c)(2);
0
c. Redesignate paragraphs (c)(3) through (c)(8) as paragraphs (c)(2) 
through (c)(7), respectively;
0
d. Revise newly redesignated paragraph (c)(7); and
0
e. Revise paragraphs (e) and (f).
    The revisions and additions read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

* * * * *
    (b) * * *
    (2) Exceptions--(i) Fillet size. Vessels may possess fillets less 
than the minimum size specified, if the fillets are taken from legal-
sized fish and are not offered or intended for sale, trade or barter.
    (ii) Transiting. Vessels in possession of cod or haddock caught 
outside the GOM Regulated Mesh Area specified in

[[Page 24091]]

Sec.  648.80(a)(1) may transit this area with cod and haddock that meet 
the minimum size specified for fish caught outside the GOM Regulated 
Mesh Area specified in Sec.  648.80(b)(1), provided all bait and hooks 
are removed from fishing rods, and any cod and haddock on board has 
been gutted and stored.
* * * * *
    (c) Possession Restrictions--(1) Cod-- (i) Outside the Gulf of 
Maine--(A) Private recreational vessels. Each person on a private 
recreational vessel may possess no more than 10 cod per day in, or 
harvested from, the EEZ when fishing outside of the GOM Regulated Mesh 
Area specified in Sec.  648.80(a)(1).
    (B) Charter or party boats. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, may possess unlimited cod 
in, or harvested from, the EEZ when fishing outside of the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (ii) Gulf of Maine--(A) Private recreational vessels. When fishing 
in the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1), persons 
aboard private recreational fishing vessels may not fish for or possess 
cod, except that each person on a private recreational vessel in 
possession of cod caught outside the GOM Regulated Mesh Area may 
transit this area with cod up to the possession limit specified at 
Sec.  648.80(c)(1)(i)(A), provided all bait and hooks are removed from 
fishing rods and any cod on board has been gutted and stored.
    (B) Charter or party boats. When fishing in the GOM Regulated Mesh 
Area specified in Sec.  648.80(a)(1), persons aboard a charter or party 
fishing boat may not fish for or possess cod, except that each person 
on a charter or party fishing boat permitted under this part, and not 
fishing under the NE multispecies DAS program or on a sector trip, in 
possession of cod caught outside the GOM Regulated Mesh Area specified 
in Sec.  648.80(a)(1) may transit this area in possession of cod caught 
outside the GOM Regulated Mesh Area with cod up to the possession limit 
specified at Sec.  648.80(c)(1)(i)(B), provided all bait and hooks are 
removed from fishing rods and any cod on board has been gutted and 
stored.
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Cod harvested by recreational fishing vessels in or from the 
EEZ with more than one person aboard may be pooled in one or more 
containers. Compliance with the possession limit will be determined by 
dividing the number of fish on board by the number of persons on board. 
If there is a violation of the possession limit on board a vessel 
carrying more than one person, the violation shall be deemed to have 
been committed by the owner or operator of the vessel.
    (v) Cod must be stored so as to be readily available for 
inspection.
* * * * *
    (7) Haddock--(i) Outside the Gulf of Maine--(A) Private 
recreational vessels. Each person on a private recreational vessel may 
possess unlimited haddock in, or harvested from, the EEZ when fishing 
outside of the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (B) Charter or party boats. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, may possess unlimited 
haddock in, or harvested from, the EEZ when fishing outside of the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (ii) Gulf of Maine--(A) Private recreational vessels. Each person 
on a private recreational vessel in possession of haddock caught 
outside the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1) may 
transit this area with more than the GOM haddock possession limit 
specified at paragraph (c)(8)(ii) of this section up to the possession 
limit specified at paragraph (c)(8)(i) of this section, provided all 
bait and hooks are removed from fishing rods and any haddock on board 
has been gutted and stored.
    (1) May 1 through September 17. Each person on a private 
recreational fishing vessel, fishing from May 1 through September 17, 
may possess no more than 12 haddock per day in, or harvested from, the 
EEZ when fishing in the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1).
    (2) September 18 through October 31. When fishing in the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1), persons aboard 
private recreational fishing vessels may not fish for or possess any 
haddock from September 18 through October 31.
    (3) November through February. Each person on a private 
recreational fishing vessel, fishing from November 1 through February 
28 (February 29 in leap years), may possess no more than 12 haddock per 
day in, or harvested from, the EEZ when fishing in the GOM Regulated 
Mesh Area specified in Sec.  648.80(a)(1).
    (4) March 1 through April 14. When fishing in the GOM Regulated 
Mesh Area specified in Sec.  648.80(a)(1), persons aboard private 
recreational fishing vessels may not fish for or possess any haddock 
from March 1 through April 14.
    (5) April 15 through April 30. Each person on a private 
recreational fishing vessel, fishing from April 15 through April 30, 
may possess no more than 12 haddock per day in, or harvested from, the 
EEZ when fishing in the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1).
    (B) Charter or party boats. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, in possession of haddock 
caught outside the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1) may transit this area with more than the GOM haddock 
possession limit specified at paragraph (c)(8)(ii) of this section up 
to the possession limit specified at paragraph (c)(8)(i) of this 
section, provided all bait and hooks are removed from fishing rods and 
any haddock on board has been gutted and stored.
    (1) May 1 through September 17. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, fishing from May 1 
through September 17, may possess no more than 12 haddock per day in, 
or harvested from, the EEZ when fishing in the GOM Regulated Mesh Area 
specified in Sec.  648.80(a)(1).
    (2) September 18 through October 31. When fishing in the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1), persons on a 
charter or party fishing boat permitted under this part, and not 
fishing under the NE multispecies DAS program or on a sector trip, may 
not fish for or possess any haddock from September 18 through October 
31.
    (3) November through February. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, fishing from November 1 
through February 28 (February 29 in leap years), may possess no more 
than 12 haddock per day in, or harvested from, the EEZ when fishing in 
the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (4) March 1 through April 14. When fishing in the GOM Regulated 
Mesh Area specified in Sec.  648.80(a)(1), persons aboard a charter or 
party fishing boat permitted under this part, and not fishing under the 
NE multispecies DAS program or on a sector trip, may not fish for or 
possess any haddock from March 1 through April 14.

[[Page 24092]]

    (5) April 15 through April 30. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, fishing from April 15 
through April 30, may possess no more than 12 haddock per day in, or 
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area 
specified in Sec.  648.80(a)(1).
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Haddock harvested in or from the EEZ by private recreational 
fishing boats or charter or party boats with more than one person 
aboard may be pooled in one or more containers. Compliance with the 
possession limit will be determined by dividing the number of fish on 
board by the number of persons on board. If there is a violation of the 
possession limit on board a vessel carrying more than one person, the 
violation shall be deemed to have been committed by the owner or 
operator of the vessel.
    (v) Haddock must be stored so as to be readily available for 
inspection.
* * * * *
    (e) Charter/party vessel restrictions on fishing in GOM closed 
areas and the Nantucket Lightship Closed Area--(1) GOM Closed Areas. 
(i) A vessel fishing under charter/party regulations may not fish in 
the GOM closed areas specified in Sec.  648.81(d)(1), (e)(1), and 
(f)(4) during the time periods specified in those paragraphs, unless 
the vessel has on board a valid letter of authorization issued by the 
Regional Administrator pursuant to Sec.  648.81(f)(5)(v) and paragraph 
(e)(3) of this section. If the vessel fishes or intends to fish in the 
GOM cod protection closures, the conditions and restrictions of the 
letter of authorization must be complied with for a minimum of 3 
months. If the vessel fishes or intends to fish in the year-round GOM 
closure areas, the conditions and restrictions of the letter of 
authorization must be complied with for the rest of the fishing year, 
beginning with the start of the participation period of the letter of 
authorization.
    (ii) A vessel fishing under charter/party regulations may not fish 
in the GOM Cod Spawning Protection Area specified at Sec.  648.81(n)(1) 
during the time period specified in that paragraph, unless the vessel 
complies with the requirements specified at Sec.  648.81(n)(2)(iii).
    (2) Nantucket Lightship Closed Area. A vessel fishing under 
charter/party regulations may not fish in the Nantucket Lightship 
Closed Area specified in Sec.  648.81(c)(1) unless the vessel has on 
board a letter of authorization issued by the Regional Administrator 
pursuant to Sec.  648.81(c)(2)(iii) and paragraph (e)(3) of this 
section.
    (3) Letters of authorization. To obtain either of the letters of 
authorization specified in paragraphs (e)(1) and (2) of this section, a 
vessel owner must request a letter from the NMFS Greater Atlantic 
Regional Fisheries Office, either in writing or by phone (see Table 1 
to 50 CFR 600.502). As a condition of these letters of authorization, 
the vessel owner must agree to the following:
    (i) The letter of authorization must be carried on board the vessel 
during the period of participation;
    (ii) Fish species managed by the NEFMC or MAFMC that are harvested 
or possessed by the vessel, are not sold or intended for trade, barter 
or sale, regardless of where the fish are caught;
    (iii) The vessel has no gear other than rod and reel or handline 
gear on board; and
    (iv) For the GOM charter/party closed area exemption only, the 
vessel may not fish on a sector trip, under a NE multispecies DAS, or 
under the provisions of the NE multispecies Small Vessel Category or 
Handgear A or Handgear B permit categories, as specified at Sec.  
648.82, during the period of participation.
    (f) Recreational fishery AM--(1) Catch evaluation. As soon as 
recreational catch data are available for the entire previous fishing 
year, the Regional Administrator will evaluate whether recreational 
catches exceed any of the sub-ACLs specified for the recreational 
fishery pursuant to Sec.  648.90(a)(4). When evaluating recreational 
catch, the components of recreational catch that are used shall be the 
same as those used in the most recent assessment for that particular 
stock. To determine if any sub-ACL specified for the recreational 
fishery was exceeded, the Regional Administrator shall compare the 3-
year average of recreational catch to the 3-year average of the 
recreational sub-ACL for each stock.
    (2) Reactive AM adjustment. If it is determined that any 
recreational sub-ACL was exceeded, as specified in paragraph (f)(1) of 
this section, the Regional Administrator, after consultation with the 
NEFMC, shall develop measures necessary to prevent the recreational 
fishery from exceeding the appropriate sub-ACL in future years. 
Appropriate AMs for the recreational fishery, including adjustments to 
fishing season, minimum fish size, or possession limits, may be 
implemented in a manner consistent with the Administrative Procedure 
Act, with final measures published in the Federal Register no later 
than January when possible. Separate AMs shall be developed for the 
private and charter/party components of the recreational fishery.
    (3) Proactive AM adjustment. When necessary, the Regional 
Administrator, after consultation with the New England Fishery 
Management Council, may adjust recreational measures to ensure the 
recreational fishery achieves, but does not exceed any recreational 
fishery sub-ACL in a future fishing year. Appropriate AMs for the 
recreational fishery, including adjustments to fishing season, minimum 
fish size, or possession limits, may be implemented in a manner 
consistent with the Administrative Procedure Act, with final measures 
published in the Federal Register prior to the start of the fishing 
year where possible. In specifying these AMs, the Regional 
Administrator shall take into account the non-binding prioritization of 
possible measures recommended by the Council: For cod, first increases 
to minimum fish sizes, then adjustments to seasons, followed by changes 
to bag limits; and for haddock, first increases to minimum size limits, 
then changes to bag limits, and then adjustments to seasons.

[FR Doc. 2017-10703 Filed 5-24-17; 8:45 am]
 BILLING CODE 3510-22-P



     24086                   Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules

     online instructions for submitting                        For additional information, see the                 outside of the envelope, ‘‘Comments on
     comments. Once submitted, comments                      direct final rule which is located in the             the Fishing Year 2017 Groundfish
     cannot be edited or removed from                        Rules Section of this Federal Register.               Recreational Measures.’’
     Regulations.gov. For either manner of                     Dated: April 19, 2017.                                Instructions: Comments sent by any
     submission, the EPA may publish any                     Deborah A. Szaro,
                                                                                                                   other method, to any other address or
     comment received to its public docket.                                                                        individual, or received after the end of
                                                             Acting Regional Administrator, EPA New
     Do not submit electronically any                        England.
                                                                                                                   the comment period, may not be
     information you consider to be                                                                                considered by NMFS. All comments
                                                             [FR Doc. 2017–09538 Filed 5–24–17; 8:45 am]
     Confidential Business Information (CBI)                                                                       received are a part of the public record
                                                             BILLING CODE 6560–50–P
     or other information whose disclosure is                                                                      and will generally be posted for public
     restricted by statute. Multimedia                                                                             viewing on www.regulations.gov
     submissions (audio, video, etc.) must be                                                                      without change. All personal identifying
     accompanied by a written comment.                       DEPARTMENT OF COMMERCE                                information (e.g., name, address, etc.),
     The written comment is considered the                                                                         confidential business information, or
                                                             National Oceanic and Atmospheric
     official comment and should include                                                                           otherwise sensitive information
                                                             Administration
     discussion of all points you wish to                                                                          submitted voluntarily by the sender will
     make. The EPA will generally not                                                                              be publicly accessible. NMFS will
                                                             50 CFR Part 648
     consider comments or comment                                                                                  accept anonymous comments (enter ‘‘N/
     contents located outside of the primary                 [Docket No. 161220999–7467–01]                        A’’ in the required fields if you wish to
     submission (i.e. on the web, cloud, or                  RIN 0648–BG52                                         remain anonymous).
     other file sharing system). For                                                                                 Copies of the analyses supporting this
     additional submission methods, please                   Magnuson-Stevens Fishery                              rulemaking, including the Framework
     contact the person identified in the ‘‘For              Conservation and Management Act                       Adjustment 55 environmental
     Further Information Contact’’ section.                  Provisions; Fisheries of the                          assessment (EA) prepared by the New
     For the full EPA public comment policy,                 Northeastern United States; Northeast                 England Fishery Management Council, a
     information about CBI or multimedia                     Groundfish Fishery; Fishing Year 2017;                supplemental EA to Framework
     submissions, and general guidance on                    Recreational Management Measures                      Adjustment 55 prepared by the Greater
     making effective comments, please visit                                                                       Atlantic Regional Fisheries Office and
     https://www2.epa.gov/dockets/                           AGENCY:  National Marine Fisheries                    Northeast Fisheries Science Center, and
     commenting-epa-dockets.                                 Service (NMFS), National Oceanic and                  the supplemental information report
     FOR FURTHER INFORMATION CONTACT: Ida                    Atmospheric Administration (NOAA),                    (SIR) are available from: John K.
     E. McDonnell, Manager, Air Permits,                     Commerce.                                             Bullard, Regional Administrator,
     Toxics, and Indoor Programs Unit,                       ACTION: Proposed rule; request for                    National Marine Fisheries Service, 55
     Office of Ecosystem Protection, U.S.                    comments.                                             Great Republic Drive, Gloucester, MA
     Environmental Protection Agency, EPA                                                                          01930. The Framework Adjustment 55
                                                             SUMMARY:    NMFS proposes to modify                   EA, supplemental EA, and SIR are also
     New England Regional Office, 5 Post
                                                             recreational management measures for                  accessible via the Internet at: http://
     Office Square, Suite 100, (OEP05–2),
                                                             Gulf of Maine cod and haddock for the                 www.greateratlantic.fisheries.noaa.gov/
     Boston, MA 02109–3912, phone number
                                                             2017 fishing year. This action proposes               sustainable/species/multispecies/.
     (617) 918–1653, fax number (617) 918–
                                                             to prohibit recreational possession of
     0653, email McDonnell.Ida@epa.gov.                                                                            FOR FURTHER INFORMATION CONTACT:
                                                             cod, reduce the haddock bag limit, and
     SUPPLEMENTARY INFORMATION: In the                       implement a new closed season for                     Mark Grant, Sector Policy Analyst,
     Final Rules Section of this Federal                     haddock in the fall. The intended effect              phone: 978–281–9145; email:
     Register, EPA is approving the State’s                  of this action is to reduce catch of cod              Mark.Grant@noaa.gov.
     SIP submittal as a direct final rule                    and haddock. This action is necessary to              SUPPLEMENTARY INFORMATION:
     without prior proposal because the                      ensure fishing year 2017 recreational
     Agency views this as a noncontroversial                                                                       Table of Contents
                                                             catch limits are not exceeded.
     submittal and anticipates no adverse                                                                          1. Fishing Year 2017 Recreational
                                                             DATES: Comments must be received by
     comments. A detailed rationale for the                                                                             Management Measures
                                                             June 9, 2017.                                         2. Regulatory Corrections Under Regional
     approval is set forth in the direct final
     rule. If no adverse comments are                        ADDRESSES: You may submit comments                         Administrator Authority
     received in response to this action rule,               on this document, identified by NOAA–
                                                             NMFS–2017–0048, by either of the                      1. Proposed Recreational Management
     no further activity is contemplated. If                                                                       Measures for Fishing Year 2017
     EPA receives adverse comments, the                      following methods:
     direct final rule will be withdrawn and                    Electronic Submission: Submit all                  Background
     all public comments received will be                    electronic public comments via the                      The recreational fishery for Gulf of
     addressed in a subsequent final rule                    Federal e-Rulemaking Portal.                          Maine (GOM) cod and haddock is
     based on this proposed rule. EPA will                   1. Go to www.regulations.gov/                         managed under the Northeast
     not institute a second comment period.                       #!docketDetail;D=NOAA-NMFS-                      Multispecies Fishery Management Plan
     Any parties interested in commenting                         2017-0048                                        (FMP). Under the FMP, specific sub-
     on this action should do so at this time.               2. Click the ‘‘Comment Now!’’ icon,                   annual catch limits (sub-ACL) for the
     Please note that if EPA receives adverse                     complete the required fields, and                recreational fishery are established for
     comment on an amendment, paragraph,                     3. Enter or attach your comments.                     each fishing year for GOM cod and
     or section of this rule and if that                     —OR—                                                  haddock. These sub-ACLs are a portion
     provision may be severed from the                          Mail: Submit written comments to:                  of the overall catch limit for each stock.
     remainder of the rule, EPA may adopt                    John K. Bullard, Regional                             The multispecies fishery opens on May
     as final those provisions of the rule that              Administrator, National Marine                        1 each year and runs through April 30
     are not the subject of an adverse                       Fisheries Service, 55 Great Republic                  of the following calendar year. The FMP
     comment.                                                Drive, Gloucester, MA 01930. Mark the                 also contains recreational accountability


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                                      Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules                                                                    24087

     measures to prevent the recreational                                        regulations also in this action are                         percent. Accordingly, the recreational
     sub-ACLs from being exceeded, or to                                         proposed under the authority of § 305(d)                    measures set for 2016 were more liberal
     correct the cause if an overage of one                                      of the Magnuson-Stevens Fishery                             than the 2015 measures to increase
     occurs.                                                                     Conservation and Management Act                             recreational fishing opportunities and
       The proactive accountability measure                                      (Magnuson-Stevens Act), which states                        catch. However, in 2016, cod catch
     provision in the FMP indicates that the                                     that the Secretary of Commerce may                          increased more than predicted and the
     Regional Administrator shall, in                                            promulgate regulations necessary to                         recreational sub-ACL was exceeded by
     consultation with the New England                                           ensure that FMPs are implemented in                         92 percent. Haddock catch slightly
     Fishery Management Council, develop                                         accordance with the Magnuson-Stevens                        exceeded the sub-ACL (by 15 percent).
     recreational management measures for                                        Act.
                                                                                                                                             For 2017, the recreational sub-ACL for
     the upcoming fishing year necessary to                                        Recreational catch and effort data are
     ensure that the sub-ACL is achieved, but                                    estimated by the Marine Recreational                        GOM haddock increases 25 percent,
     not exceeded. The provisions                                                Information Program (MRIP), a                               from 928 mt to 1,160 mt, and the
     authorizing this action can be found in                                     comprehensive, multi-faceted survey                         recreational sub-ACL for GOM cod
     § 648.89(f)(3) of the FMP’s                                                 system administered by NMFS that                            remains unchanged at 157 mt. As
     implementing regulations. This action                                       collects data from recreational anglers                     specified in Table 1, compared to the
     also proposes additional measures                                           and captains. In 2016, the recreational                     2016 catch, the 2017 sub-ACLs would
     necessary to facilitate enforcement of                                      sub-ACL for GOM cod increased 30                            allow for a 9-percent increase in
     recreational management measures.                                           percent, and the recreational sub-ACL                       haddock catch, but would require a 48-
     These measures and corrections to other                                     for GOM haddock increased 149                               percent reduction in cod catch.

                            TABLE 1—FISHING YEAR 2016 CATCH COMPARED TO FISHING YEAR 2016 AND 2017 SUB-ACLS
                                                                                                                                                                                    Change in
                                                                                                                                            Catch of                               2016 catch
                                                                                                      2016 Catch       2016 Sub-ACL                               2017 Sub-ACL
                                         GOM stock                                                                                        2016 sub-ACL                               to reach
                                                                                                         (mt)               (mt)                                       (mt)
                                                                                                                                            (percent)                             2017 sub-ACL
                                                                                                                                                                                    (percent)

     Cod .......................................................................................               302                 157                   192                157           ¥48
     Haddock ...............................................................................                 1,066                 928                   115              1,160            +9



     Analysis of Measures for Fishing Year                                       The model estimates that the status quo                     slightly more restrictive than the current
     2017                                                                        haddock measures would result in cod                        measures. Recreational possession of
       A peer-reviewed bioeconomic model,                                        catch of 292 mt and haddock catch of                        GOM cod would be prohibited. The
     developed by the Northeast Fisheries                                        1,299 mt (see Table 3), which would be                      minimum size for GOM haddock would
     Science Center, was used to estimate                                        186 percent of the cod sub-ACL and 112                      be unchanged, but the bag limit would
     2017 recreational GOM cod and                                               percent of the haddock sub-ACL.                             be reduced from 15 fish to 12 fish, and
     haddock mortality under various                                             Proposed Measures                                           a fall closed season would be added to
     combinations of minimum sizes,                                                                                                          the existing spring closure. We are
     possession limits, and closed seasons.                                         Because the recreational measures                        soliciting comment on two different fall
     Even when incorporating zero                                                currently in place for GOM cod and                          closures, as described in more detail
     possession of GOM cod, the model                                            haddock are not expected to constrain                       below. The proposed fishing year 2017
     estimates that the status quo measures                                      fishing year 2017 catch to the sub-ACLs,                    recreational measures for GOM cod and
     for GOM haddock are not expected to                                         the proactive accountability measure                        haddock are specified in Table 2, along
     constrain the catch of haddock, or the                                      requires adjustment of the management                       with information on fishing year 2016
     bycatch of cod, to the 2017 catch limits.                                   measures. The proposed measures are                         measures for comparison.

      TABLE 2—PROPOSED GOM COD AND HADDOCK RECREATIONAL MANAGEMENT MEASURES FOR FISHING YEAR 2017 AND
                                 STATUS QUO (FISHING YEAR 2016) MEASURES
                                                                                                   Haddock                                                          Cod

                    2017 Measures                                    Haddock                       Minimum fish                          Cod possession           Minimum fish
                                                                 possession limit                       size        Closed season             limit                    size       Closed season
                                                                   (per angler)                      (inches)                             (per angler)              (inches)

     Council Recommended ..................                     12 fish ................                      17           3/1–4/14   N/A .....................            N/A         5/1–4/30
                                                                                                                        9/17–10/31
     Additional NMFS Option .................                   12 fish ................                      17           3/1–4/14   N/A .....................            N/A         5/1–4/30
                                                                                                                           9/1–9/30
     Status Quo ......................................          15 fish ................                      17           3/1–4/14   1 fish ..................             24         5/1–7/31
                                                                                                                                                                                      10/1–4/30



     Council Recommendations                                                     January 18, 2017, to review catch                           alternatives, and specifically decided
                                                                                 projections under various scenarios of                      against any options that would include
        We consulted with the Council, and                                       changed measures for fishing year 2017.                     closures in May or that would set
     its Recreational Advisory Panel (RAP),                                      The RAP discussed a number of                               different measures for private anglers
     in January 2017. The RAP met on


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     24088                      Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules

     and for-hire vessels. Ultimately, the                       for 2017. The Council declined the                      The proposed measures are projected
     RAP recommended the option that                             Groundfish Oversight Committee’s                      to result in fishing year 2017
     prohibited cod possession, and for                          suggestion to implement separate                      recreational GOM cod and haddock
     haddock maintained the 17-inch                              measures for the private and for-hire                 catches that do not exceed the sub-ACLs
     minimum size, reduced the bag limit                         modes at this time in deference to                    (see Table 3), as explained further
     from 15 to 12 fish, and added a fall                        having a larger public process to                     below. The analyses supporting this
     closure from September 17 through                           consider the concept. Ultimately, the                 action are available as outlined in the
     October 31 to the existing spring                           Council recommended we implement                      ADDRESSES section of this rule’s
     closure. On January 25, 2017, the                           the RAP’s recommended option (see                     preamble.
     Council discussed recreational measures                     Table 2).

        TABLE 3—PROJECTED FISHING YEAR 2017 RECREATIONAL COD AND HADDOCK CATCH UNDER PROPOSED MEASURES
                                                AND STATUS QUO

                                                                                                                      Probability                     Probability
                                           Haddock          Minimum Fish                            Predicted          Haddock        Predicted Cod   Cod Catch
                                         Possession                                Closed
           2017 Measures                                         Size                                Haddock         Catch Below          Catch          Below
                                            Limit                                  Season
                                                               (inches)                             Catch (mt)         sub-ACL             (mt)        sub-ACL
                                         (per angler)                                                                 (percent)                        (percent)

     Council Recommended ...             12 fish ........                17           3/1–4/14              1,160                50            147              78
                                                                                   9/17–10/31
     Additional NMFS Option ..           12 fish ........                17           3/1–4/14              1,137                70            149              78
                                                                                      9/1–9/30
     Status Quo ......................   15 fish ........                17           3/1–4/14              1,299                 0            292                  0



        The bioeconomic model’s predicted                        overages over the past five years it may              Amendment 16 to the FMP included
     probabilities that catch will remain at or                  be prudent to implement more                          seasonal closures of the GOM
     below the sub-ACLs are informative.                         conservative measures. Therefore, in                  recreational fishery for cod and
     However, we are using preliminary                           addition to the Council’s recommended                 haddock, and also implemented a
     MRIP data that will change when vessel                      haddock measures, we are requesting                   possession limit exemption to allow
     trip report data from the for-hire fleet is                 comment on a set of measures with the                 vessels to transit the GOM when it was
     incorporated (after June 15). MRIP                          same minimum size and bag limit, but                  closed while in possession of fish
     estimates are highly variable from year                     a different fall closure (Additional                  legally caught outside the area. At that
     to year. This combination of factors                        NMFS Option in Table 2). As shown in                  time, there was a single minimum size
     makes it difficult for the model to                         Table 3, the model predicts shifting                  for cod, and a single minimum size for
     produce consistent predictions and to                       from a 6-week fall closure (9/17–10/31),              haddock, regardless of where the fish
     assess the underlying reasons for the                       as recommended by the Council, to a 4-                were caught and the transiting provision
     discrepancies between predicted and                         week September closure (9/1–9/30),                    included in Amendment 16 did not
     actual catch. Historically, while the                       would slightly reduce haddock catch                   address minimum fish size restrictions.
     model’s predictive power increases each                     and increase the probability that                        Subsequently, we have changed the
     year, the model underestimates                              haddock catch would not exceed the                    minimum sizes for GOM cod and
     recreational catch. Recent measures                         sub-ACL. The key difference is that                   haddock as part of the proactive
     have generally resulted in catch close to                   closing the entirety of September                     accountability measures. We adjust the
     the sub-ACLs; however, a number of                          eliminates high catches associated with               recreational measures for only GOM cod
     overages have still occurred.                               Labor Day weekend. Thus, a shorter fall               and haddock because these are the only
                                                                 closure could be a more conservative                  stocks allocated a recreational sub-ACL.
     NMFS Additional Option                                                                                            This has created a complicated system
                                                                 approach; however, this closure would
        The Magnuson-Stevens Act requires                        be at the expense of a holiday weekend                in which vessels may transit the GOM
     accountability measures to ensure                           that is popular with private anglers and              Regulated Mesh Area with fish legally
     compliance with ACLs. In 2014, the                          economically important to a portion of                caught outside the area in excess of the
     U.S. District Court for the District of                     the for-hire fleet.                                   GOM possession limits, but those
     Columbia in Guindon v. Pritzker, 2014                          We are particularly interested in                  vessels must comply with the most
     WL 1274076 (D.D.C. Mar. 26, 2014)                           comments on the effects of the different              restrictive minimum size of the two
     ruled against the agency’s recreational                     fall closures of the Council’s                        areas, rather than the minimum size
     fishery measures in the Gulf of Mexico                      recommended option and NMFS                           applicable to where the fish were
     red snapper fishery because the                             additional option.                                    caught. The intent of this change is to
     measures did not include a sufficient                                                                             simplify the existing transiting
     buffer, or additional accountability                        2. Regulatory Corrections and Other                   exemption by allowing any cod and
     measures, to account for the                                Measures Under Regional Administrator                 haddock legally caught outside the
     management uncertainty represented by                       Authority                                             GOM to be possessed by vessels
     repeated ACL overages in past years. In                        In § 648.89(b), we have added an                   transiting the GOM to ensure consistent
     light of the bioeconomic model’s                            exception to the minimum fish sizes for               implementation of the existing
     prediction that the Council’s                               GOM cod and haddock to allow vessels                  transiting provision.
     recommended measures have only a 50-                        to transit the GOM Regulated Mesh Area                   In § 648.89(e), we have revised the
     percent probability of preventing                           while in possession of cod and haddock                text specifying the requirements for the
     haddock catch from exceeding the sub-                       caught outside the area, provided those               letters of authorization allowing charter
     ACL, the model’s history of                                 fish meet the minimum sizes specified                 and party boats to fish in the GOM
     underestimating catch, and multiple                         for fish caught outside the area.                     closed areas and the Nantucket


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                             Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules                                            24089

     Lightship Closed Area to improve                        Statement of the Objectives of, and                   classification is now possible because
     readability. In paragraph (e)(3), we have               Legal Basis for, This Proposed Rule                   vessel ownership data have been added
     also corrected the name of the NMFS                        The accountability measures outlined               to Northeast permit database. The
     office issuing letters of authorization                 in the FMP indicate that the Regional                 ownership data identify all individuals
     from the ‘‘Northeast Regional Office’’ to               Administrator may, in consultation with               who own fishing vessels. Using this
     the ‘‘Greater Atlantic Regional Fisheries               the Council, modify the recreational                  information, vessels can be grouped
     Office.’’                                               management measures for the upcoming                  together according to common owners.
        In § 648.89(f)(2)(ii), we removed text                                                                     The resulting groupings were treated as
                                                             fishing year to ensure that the sub-ACL
     prohibiting the Regional Administrator                                                                        a fishing business for purposes of this
                                                             is achieved, but not exceeded. The
     from adjusting the possession limit for                                                                       analysis. Revenues summed across all
                                                             provisions authorizing this action can
     GOM cod while recreational possession                                                                         vessels in a group and the activities that
                                                             be found in § 648.89(f)(3) of the FMP’s
     of GOM cod was prohibited by the                                                                              generate those revenues form the basis
                                                             implementing regulations. The intended
     Northeast Multispecies FMP. In 2016,                                                                          for determining whether the entity is a
                                                             effect of this action is to reduce catch of
     Framework Adjustment 55 removed this                                                                          large or small business.
                                                             cod and haddock. This action is                          The proposed regulations include
     prohibition, but the final rule
                                                             necessary to ensure fishing year 2017                 closed seasons in addition to possession
     implementing Framework Adjustment
                                                             recreational catch limits are not                     limits and size limits. For purposes of
     55 inadvertently failed to remove this
                                                             exceeded.                                             this analysis, it is assumed that for-hire
     text. This change in intended to correct
                                                                Additional measures necessary to                   businesses are directly affected by all
     the regulations to accurately reflect the
                                                             facilitate enforcement of these                       three types of recreational fishing
     Council’s intent in Framework
                                                             accountability measures, consistent                   restrictions. According to the FMP, it is
     Adjustment 55.
                                                             with the FMP, are authorized by section               unlawful for the owner or operator of a
     Classification                                          305(d) of the Magnuson-Stevens Act. In                charter or party boat issued a valid
       Pursuant to section 304(b)(1)(A) of the               § 648.89(b), we have added an exception               multispecies permit, when the boat is
     Magnuson-Stevens Act, the NMFS                          to the minimum fish sizes for GOM cod                 carrying passengers for hire, to:
     Assistant Administrator has made a                      and haddock to allow vessels to transit                  • Possess cod or haddock in excess of
     preliminary determination that this                     the GOM Regulated Mesh Area while in                  the possession limits.
     proposed rule is consistent with the                    possession of cod and haddock caught                     • Fish with gear in violation of the
     Northeast Multispecies FMP, other                       outside the area, provided those fish                 regulations.
     provisions of the Magnuson-Stevens                      meet the minimum sizes specified for                     • Fail to comply with the applicable
     Act, and other applicable law, subject to               fish caught outside the area.                         restrictions if transiting the GOM
     further consideration after public                         In § 648.89(e), we have revised the                Regulated Mesh Area with cod or
     comment.                                                text specifying the requirements for the              haddock on board that was caught
       This proposed rule has been                           letters of authorization allowing charter             outside the GOM Regulated Mesh Area.
     determined to be not significant for                    and party boats to fish in the GOM                       As the for-hire owner and operator
     purposes of Executive Order (E.O.)                      closed areas and the Nantucket                        can be prosecuted under the law for
     12866.                                                  Lightship Closed Area to improve                      violations of the proposed regulations,
       This proposed rule does not contain                   readability.                                          for-hire business entities are considered
     policies with Federalism or ‘‘takings’’                    In § 648.89(f)(2)(ii), we removed text             directly affected in this analysis.
     implications as those terms are defined                 prohibiting the Regional Administrator                Anglers are not considered ‘‘entities’’
     in E.O. 13132 and E.O. 12630,                           from adjusting the possession limit for               under the RFA and thus economic
     respectively.                                           GOM cod while recreational possession                 impacts on anglers are not discussed
       An initial regulatory flexibility                     of GOM cod was prohibited by the                      here.
     analysis (IRFA) was prepared, as                        Northeast Multispecies FMP to                            For-hire fishing businesses are
     required by section 603 of the                          accurately reflect the Council’s intent in            required to obtain a Federal charter/
     Regulatory Flexibility Act (RFA). The                   Framework Adjustment 55.                              party multispecies fishing permit in
     IRFA describes the economic impact                                                                            order to carry passengers to catch GOM
                                                             Description and Estimate of the Number                cod or haddock. Thus, the affected
     this proposed rule, if adopted, would                   of Small Entities to Which This
     have on small entities, and also                                                                              businesses entities of concern are
                                                             Proposed Rule Would Apply                             businesses that hold Federal
     determines ways to minimize these
     impacts. The IRFA includes sections of                     The Small Business Administration                  multispecies for-hire fishing permits.
     the preamble (SUPPLEMENTARY                             (SBA) defines a small commercial                      While all business entities that hold for-
     INFORMATION) and analyses supporting                    finfishing or shellfishing business as a              hire permits could be affected by
     this rulemaking, including the                          firm with annual receipts (gross                      changes in recreational fishing
     Framework Adjustment 55 EA, the                         revenue) of up to $11.0 million. A small              restrictions, not all business that hold
     supplemental EA to Framework                            for-hire recreational fishing business is             for-hire permits actively participate in a
     Adjustment 55, and the supplemental                     defined as a firm with receipts of up to              given year. Those who actively
     information report. A summary of the                    $7.5 million. Having different size                   participate, i.e., land fish, would be the
     analysis follows (see ADDRESSES).                       standards for different types of fishing              group of business entities that are
                                                             activities creates difficulties in                    impacted by the regulations. Latent
     Description of the Reasons Why Action                   categorizing businesses that participate              fishing power (in the form of unfished
     by the Agency Is Being Considered                       in multiple fishing related activities. For           permits) has the potential to alter the
        Because the recreational measures                    purposes of this assessment business                  impacts on a fishery, but it’s not
     currently in place for GOM cod and                      entities have been classified into the                possible to predict how many of these
     haddock are not expected to constrain                   SBA-defined categories based on which                 latent business entities will or will not
     fishing year 2017 catch to the sub-ACLs,                activity produced the highest percentage              participate in this fishery in fishing year
     this action proposes new measures, as                   of average annual gross revenues from                 2017. The Northeast Federal landings
     required by the FMP, to ensure that the                 2013–2015, the most recent three-year                 database (i.e., vessel trip report data)
     sub-ACL is achieved, but not exceeded.                  period for which data are available. This             indicates that a total of 645 party/


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     24090                             Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules

     charter vessels held a multispecies for-                          years (2013–2015) indicate that none of                         the Recreational Advisory Panel, the
     hire fishing permit in 2015 (the most                             the 191 for-hire business entities had                          Groundfish Oversight Committee, and
     recent full year of available data). Of the                       annual receipts of more than $5.2                               the Council. This included the status
     645 for-hire permitted vessels, however,                          million from all of their fishing                               quo and an option (presented to the
     only 208 actively participated in the for-                        activities (for-hire, shellfish, and                            Panel, Committee, and Council as
     hire Atlantic cod and haddock fishery in                          finfish). Therefore, all of the affected                        Option 1) that prohibited cod
     fishing year 2015 (i.e., reported catch of                        for-hire business entities are considered                       possession while retaining the current
     cod or haddock).                                                  ‘‘small’’ by the SBA size standards and                         haddock measures that would not have
        Using vessel ownership information                             thus this action will not                                       restrained catch to the quotas, and thus,
     developed from Northeast Federal                                  disproportionately affect small versus                          would not have accomplished the
     permit data and Northeast vessel trip                             large for-hire business entities.
     report data, it was determined that the                                                                                           objective. The proposed options that
     208 actively participating for-hire                               Description of the Projected Reporting,                         would accomplish the objectives were
     vessels are owned by 191 unique fishing                           Record-Keeping, and Other Compliance                            the Council recommended option
     business entities. The vast majority of                           Requirements of This Proposed Rule                              (presented to the Panel, Committee, and
     the 208 fishing businesses were solely                              There are no proposed reporting,                              Council as Option 2) and the additional
     engaged in for-hire fishing, but some                             recordkeeping, or other compliance                              NMFS option (presented to the Panel,
     also earned revenue from shellfish and/                           requirements.                                                   Committee, and Council as Option 3),
     or finfish fishing. The highest                                                                                                   which are discussed in detail in the
     percentage of annual gross revenues                               Federal Rules Which May Duplicate,                              preamble. The remaining three options
     though for all but 18 of the fishing                              Overlap, or Conflict With This Proposed                         (Options 4, 5, and 6 in Table 4) that
     businesses was from for-hire fishing. In                          Rule                                                            would accomplish the objective were
     other words, the revenue from for-hire                              The proposed action is authorized by                          discussed by all three groups. These
     fishing was greater than the revenue                              the regulations implementing the NE                             remaining options were rejected either
     from shellfishing and the revenue from                            Multispecies FMP. It does not duplicate,                        because implementation was viewed as
     finfish fishing for all but 18 of the                             overlap, or conflict with other Federal                         confusing to the public (e.g.,
     business entities.                                                rules.                                                          implementing a May closure shortly
        According to the SBA size standards,                                                                                           after the start of the fishing year on May
     small for-hire businesses are defined as                          Description of Significant Alternatives
                                                                       to the Proposed Action Which                                    1) or in deference to having a larger
     firms with annual receipts of up to $7.5
                                                                       Accomplish the Stated Objectives of                             public process to consider the concept
     million, and small commercial
     finfishing or shellfishing business as                            Applicable Statutes and Which                                   (i.e., separate measures for the private
     firms with annual receipts (gross                                 Minimize Any Significant Economic                               anglers and the for-hire fleet).
     revenue) of up to $11.0 million. Average                          Impact on Small Entities
     annual gross revenue estimates                                      A total of seven combinations of
     calculated from the most recent three                             recreational measures were presented to
      TABLE 4—PROJECTED FISHING YEAR 2017 RECREATIONAL COD AND HADDOCK CATCH UNDER ALTERNATIVE MEASURES
                                                NOT PROPOSED
                                                         Haddock                                             Cod                                        Probability               Probability
                                                                                                                                                         haddock
                                                                                                                                           Predicted                  Predicted   cod catch
                                                                                                                                                           catch
          2017 measures                 Haddock                                                Cod                                          haddock                   cod catch      below
                                                      Minimum                                              Minimum         Closed                          below
                                       possession                    Closed season          possession                                     catch (mt)                   (mt)       sub-ACL
                                                      fish size                                            fish size       season                        sub-ACL
                                          limit                                                limit                                                                               (percent)
                                                                                                                                                         (percent)

     Option 4 ......................          15             17    3/1–4/14 2 weeks               N/A            N/A        5/1–4/30            1,118           73          153           61
                                                                     in May.
     Option 5 ......................          10             17    3/1–4/14 2 weeks               N/A            N/A        5/1–4/30            1,149           68          157           51
                                                                     in May.
     Option 6 Private .........               12             17    3/1–4/14 .............         N/A            N/A        5/1–4/30            1,159           51          153           55
                                                                   9/17–10/31 .........
     Option 6 For Hire .......                10             17    3/1–4/14 .............         N/A            N/A        5/1–4/30



     List of Subjects in 50 CFR Part 648                               PART 648—FISHERIES OF THE                                         The revisions and additions read as
                                                                       NORTHEASTERN UNITED STATES                                      follows:
       Fisheries, Fishing, Recordkeeping and
     reporting requirements.                                           ■ 1. The authority citation for part 648                        § 648.89 Recreational and charter/party
                                                                                                                                       vessel restrictions.
       Dated: May 19, 2017                                             continues to read as follows:
                                                                                                                                       *      *    *     *    *
     Alan D. Risenhoover,                                                  Authority: 16 U.S.C. 1801 et seq.
                                                                                                                                         (b) * * *
     Acting Deputy Assistant Administrator for                         ■ 2. In § 648.89:                                                 (2) Exceptions—(i) Fillet size. Vessels
     Regulatory Programs, National Marine                              ■ a. Revise paragraphs (b)(2) and (c)(1);
     Fisheries Service.
                                                                                                                                       may possess fillets less than the
                                                                       ■ b. Remove paragraph (c)(2);                                   minimum size specified, if the fillets are
       For the reasons set out in the                                  ■ c. Redesignate paragraphs (c)(3)                              taken from legal-sized fish and are not
     preamble, 50 CFR part 648 is proposed                             through (c)(8) as paragraphs (c)(2)                             offered or intended for sale, trade or
     to be amended as follows:                                         through (c)(7), respectively;                                   barter.
                                                                       ■ d. Revise newly redesignated                                    (ii) Transiting. Vessels in possession
                                                                       paragraph (c)(7); and                                           of cod or haddock caught outside the
                                                                       ■ e. Revise paragraphs (e) and (f).                             GOM Regulated Mesh Area specified in


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                             Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules                                             24091

     § 648.80(a)(1) may transit this area with               more than one person aboard may be                    Area specified in § 648.80(a)(1), persons
     cod and haddock that meet the                           pooled in one or more containers.                     aboard private recreational fishing
     minimum size specified for fish caught                  Compliance with the possession limit                  vessels may not fish for or possess any
     outside the GOM Regulated Mesh Area                     will be determined by dividing the                    haddock from March 1 through April
     specified in § 648.80(b)(1), provided all               number of fish on board by the number                 14.
     bait and hooks are removed from fishing                 of persons on board. If there is a                       (5) April 15 through April 30. Each
     rods, and any cod and haddock on                        violation of the possession limit on                  person on a private recreational fishing
     board has been gutted and stored.                       board a vessel carrying more than one                 vessel, fishing from April 15 through
     *       *    *     *     *                              person, the violation shall be deemed to              April 30, may possess no more than 12
        (c) Possession Restrictions—(1) Cod—                 have been committed by the owner or                   haddock per day in, or harvested from,
     (i) Outside the Gulf of Maine—(A)                       operator of the vessel.                               the EEZ when fishing in the GOM
     Private recreational vessels. Each person                  (v) Cod must be stored so as to be                 Regulated Mesh Area specified in
     on a private recreational vessel may                    readily available for inspection.                     § 648.80(a)(1).
     possess no more than 10 cod per day in,                 *       *    *    *     *                                (B) Charter or party boats. Each
     or harvested from, the EEZ when fishing                    (7) Haddock—(i) Outside the Gulf of                person on a charter or party fishing boat
     outside of the GOM Regulated Mesh                       Maine—(A) Private recreational vessels.               permitted under this part, and not
     Area specified in § 648.80(a)(1).                       Each person on a private recreational                 fishing under the NE multispecies DAS
        (B) Charter or party boats. Each                     vessel may possess unlimited haddock                  program or on a sector trip, in
     person on a charter or party fishing boat               in, or harvested from, the EEZ when                   possession of haddock caught outside
     permitted under this part, and not                      fishing outside of the GOM Regulated                  the GOM Regulated Mesh Area specified
     fishing under the NE multispecies DAS                   Mesh Area specified in § 648.80(a)(1).                in § 648.80(a)(1) may transit this area
     program or on a sector trip, may possess                   (B) Charter or party boats. Each                   with more than the GOM haddock
     unlimited cod in, or harvested from, the                person on a charter or party fishing boat             possession limit specified at paragraph
                                                             permitted under this part, and not                    (c)(8)(ii) of this section up to the
     EEZ when fishing outside of the GOM
                                                             fishing under the NE multispecies DAS                 possession limit specified at paragraph
     Regulated Mesh Area specified in
                                                             program or on a sector trip, may possess              (c)(8)(i) of this section, provided all bait
     § 648.80(a)(1).
                                                             unlimited haddock in, or harvested                    and hooks are removed from fishing
        (ii) Gulf of Maine—(A) Private
                                                             from, the EEZ when fishing outside of                 rods and any haddock on board has
     recreational vessels. When fishing in the
                                                             the GOM Regulated Mesh Area specified                 been gutted and stored.
     GOM Regulated Mesh Area specified in
                                                             in § 648.80(a)(1).                                       (1) May 1 through September 17. Each
     § 648.80(a)(1), persons aboard private                     (ii) Gulf of Maine—(A) Private
     recreational fishing vessels may not fish                                                                     person on a charter or party fishing boat
                                                             recreational vessels. Each person on a
     for or possess cod, except that each                                                                          permitted under this part, and not
                                                             private recreational vessel in possession
     person on a private recreational vessel                                                                       fishing under the NE multispecies DAS
                                                             of haddock caught outside the GOM
     in possession of cod caught outside the                                                                       program or on a sector trip, fishing from
                                                             Regulated Mesh Area specified in
     GOM Regulated Mesh Area may transit                                                                           May 1 through September 17, may
                                                             § 648.80(a)(1) may transit this area with
     this area with cod up to the possession                 more than the GOM haddock possession                  possess no more than 12 haddock per
     limit specified at § 648.80(c)(1)(i)(A),                limit specified at paragraph (c)(8)(ii) of            day in, or harvested from, the EEZ when
     provided all bait and hooks are removed                 this section up to the possession limit               fishing in the GOM Regulated Mesh
     from fishing rods and any cod on board                  specified at paragraph (c)(8)(i) of this              Area specified in § 648.80(a)(1).
     has been gutted and stored.                             section, provided all bait and hooks are                 (2) September 18 through October 31.
        (B) Charter or party boats. When                     removed from fishing rods and any                     When fishing in the GOM Regulated
     fishing in the GOM Regulated Mesh                       haddock on board has been gutted and                  Mesh Area specified in § 648.80(a)(1),
     Area specified in § 648.80(a)(1), persons               stored.                                               persons on a charter or party fishing
     aboard a charter or party fishing boat                     (1) May 1 through September 17. Each               boat permitted under this part, and not
     may not fish for or possess cod, except                 person on a private recreational fishing              fishing under the NE multispecies DAS
     that each person on a charter or party                  vessel, fishing from May 1 through                    program or on a sector trip, may not fish
     fishing boat permitted under this part,                 September 17, may possess no more                     for or possess any haddock from
     and not fishing under the NE                            than 12 haddock per day in, or                        September 18 through October 31.
     multispecies DAS program or on a                        harvested from, the EEZ when fishing in                  (3) November through February. Each
     sector trip, in possession of cod caught                the GOM Regulated Mesh Area specified                 person on a charter or party fishing boat
     outside the GOM Regulated Mesh Area                     in § 648.80(a)(1).                                    permitted under this part, and not
     specified in § 648.80(a)(1) may transit                    (2) September 18 through October 31.               fishing under the NE multispecies DAS
     this area in possession of cod caught                   When fishing in the GOM Regulated                     program or on a sector trip, fishing from
     outside the GOM Regulated Mesh Area                     Mesh Area specified in § 648.80(a)(1),                November 1 through February 28
     with cod up to the possession limit                     persons aboard private recreational                   (February 29 in leap years), may possess
     specified at § 648.80(c)(1)(i)(B),                      fishing vessels may not fish for or                   no more than 12 haddock per day in, or
     provided all bait and hooks are removed                 possess any haddock from September 18                 harvested from, the EEZ when fishing in
     from fishing rods and any cod on board                  through October 31.                                   the GOM Regulated Mesh Area specified
     has been gutted and stored.                                (3) November through February. Each                in § 648.80(a)(1).
        (iii) For purposes of counting fish,                 person on a private recreational fishing                 (4) March 1 through April 14. When
     fillets will be converted to whole fish at              vessel, fishing from November 1 through               fishing in the GOM Regulated Mesh
     the place of landing by dividing the                    February 28 (February 29 in leap years),              Area specified in § 648.80(a)(1), persons
     number of fillets by two. If fish are                   may possess no more than 12 haddock                   aboard a charter or party fishing boat
     filleted into a single (butterfly) fillet,              per day in, or harvested from, the EEZ                permitted under this part, and not
     such fillet shall be deemed to be from                  when fishing in the GOM Regulated                     fishing under the NE multispecies DAS
     one whole fish.                                         Mesh Area specified in § 648.80(a)(1).                program or on a sector trip, may not fish
        (iv) Cod harvested by recreational                      (4) March 1 through April 14. When                 for or possess any haddock from March
     fishing vessels in or from the EEZ with                 fishing in the GOM Regulated Mesh                     1 through April 14.


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     24092                   Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules

        (5) April 15 through April 30. Each                  regulations may not fish in the                       possession limits, may be implemented
     person on a charter or party fishing boat               Nantucket Lightship Closed Area                       in a manner consistent with the
     permitted under this part, and not                      specified in § 648.81(c)(1) unless the                Administrative Procedure Act, with
     fishing under the NE multispecies DAS                   vessel has on board a letter of                       final measures published in the Federal
     program or on a sector trip, fishing from               authorization issued by the Regional                  Register no later than January when
     April 15 through April 30, may possess                  Administrator pursuant to                             possible. Separate AMs shall be
     no more than 12 haddock per day in, or                  § 648.81(c)(2)(iii) and paragraph (e)(3) of           developed for the private and charter/
     harvested from, the EEZ when fishing in                 this section.                                         party components of the recreational
     the GOM Regulated Mesh Area specified                      (3) Letters of authorization. To obtain            fishery.
     in § 648.80(a)(1).                                      either of the letters of authorization                   (3) Proactive AM adjustment. When
        (iii) For purposes of counting fish,                 specified in paragraphs (e)(1) and (2) of             necessary, the Regional Administrator,
     fillets will be converted to whole fish at              this section, a vessel owner must                     after consultation with the New England
     the place of landing by dividing the                    request a letter from the NMFS Greater                Fishery Management Council, may
     number of fillets by two. If fish are                   Atlantic Regional Fisheries Office,                   adjust recreational measures to ensure
     filleted into a single (butterfly) fillet,              either in writing or by phone (see Table              the recreational fishery achieves, but
     such fillet shall be deemed to be from                  1 to 50 CFR 600.502). As a condition of               does not exceed any recreational fishery
     one whole fish.                                         these letters of authorization, the vessel            sub-ACL in a future fishing year.
        (iv) Haddock harvested in or from the                owner must agree to the following:                    Appropriate AMs for the recreational
     EEZ by private recreational fishing boats                  (i) The letter of authorization must be            fishery, including adjustments to fishing
     or charter or party boats with more than                carried on board the vessel during the                season, minimum fish size, or
     one person aboard may be pooled in one                  period of participation;                              possession limits, may be implemented
     or more containers. Compliance with                        (ii) Fish species managed by the                   in a manner consistent with the
     the possession limit will be determined                 NEFMC or MAFMC that are harvested                     Administrative Procedure Act, with
     by dividing the number of fish on board                 or possessed by the vessel, are not sold              final measures published in the Federal
                                                             or intended for trade, barter or sale,                Register prior to the start of the fishing
     by the number of persons on board. If
                                                             regardless of where the fish are caught;
     there is a violation of the possession                                                                        year where possible. In specifying these
                                                                (iii) The vessel has no gear other than
     limit on board a vessel carrying more                                                                         AMs, the Regional Administrator shall
                                                             rod and reel or handline gear on board;
     than one person, the violation shall be                 and                                                   take into account the non-binding
     deemed to have been committed by the                       (iv) For the GOM charter/party closed              prioritization of possible measures
     owner or operator of the vessel.                        area exemption only, the vessel may not               recommended by the Council: For cod,
        (v) Haddock must be stored so as to                  fish on a sector trip, under a NE                     first increases to minimum fish sizes,
     be readily available for inspection.                    multispecies DAS, or under the                        then adjustments to seasons, followed
     *       *    *      *    *                              provisions of the NE multispecies Small               by changes to bag limits; and for
        (e) Charter/party vessel restrictions on             Vessel Category or Handgear A or                      haddock, first increases to minimum
     fishing in GOM closed areas and the                     Handgear B permit categories, as                      size limits, then changes to bag limits,
     Nantucket Lightship Closed Area—(1)                     specified at § 648.82, during the period              and then adjustments to seasons.
     GOM Closed Areas. (i) A vessel fishing                  of participation.                                     [FR Doc. 2017–10703 Filed 5–24–17; 8:45 am]
     under charter/party regulations may not                    (f) Recreational fishery AM—(1) Catch              BILLING CODE 3510–22–P
     fish in the GOM closed areas specified                  evaluation. As soon as recreational
     in § 648.81(d)(1), (e)(1), and (f)(4) during            catch data are available for the entire
     the time periods specified in those                     previous fishing year, the Regional                   DEPARTMENT OF COMMERCE
     paragraphs, unless the vessel has on                    Administrator will evaluate whether
     board a valid letter of authorization                   recreational catches exceed any of the                National Oceanic and Atmospheric
     issued by the Regional Administrator                    sub-ACLs specified for the recreational               Administration
     pursuant to § 648.81(f)(5)(v) and                       fishery pursuant to § 648.90(a)(4). When
     paragraph (e)(3) of this section. If the                evaluating recreational catch, the                    50 CFR Part 665
     vessel fishes or intends to fish in the                 components of recreational catch that                 [Docket No. 170330338–7470–01]
     GOM cod protection closures, the                        are used shall be the same as those used
     conditions and restrictions of the letter                                                                     RIN 0648–XF335
                                                             in the most recent assessment for that
     of authorization must be complied with                  particular stock. To determine if any                 Pacific Island Fisheries; 2017–18
     for a minimum of 3 months. If the vessel                sub-ACL specified for the recreational                Annual Catch Limit and Accountability
     fishes or intends to fish in the year-                  fishery was exceeded, the Regional                    Measures; Main Hawaiian Islands Deep
     round GOM closure areas, the                            Administrator shall compare the 3-year                7 Bottomfish
     conditions and restrictions of the letter               average of recreational catch to the 3-
     of authorization must be complied with                  year average of the recreational sub-ACL              AGENCY:  National Marine Fisheries
     for the rest of the fishing year, beginning             for each stock.                                       Service (NMFS), National Oceanic and
     with the start of the participation period                 (2) Reactive AM adjustment. If it is               Atmospheric Administration (NOAA),
     of the letter of authorization.                         determined that any recreational sub-                 Commerce.
        (ii) A vessel fishing under charter/                 ACL was exceeded, as specified in                     ACTION: Proposed specifications; request
     party regulations may not fish in the                   paragraph (f)(1) of this section, the                 for comments.
     GOM Cod Spawning Protection Area                        Regional Administrator, after
     specified at § 648.81(n)(1) during the                  consultation with the NEFMC, shall                    SUMMARY:   NMFS proposes to specify an
     time period specified in that paragraph,                develop measures necessary to prevent                 annual catch limit (ACL) of 306,000 lb
     unless the vessel complies with the                     the recreational fishery from exceeding               for Deep 7 bottomfish in the main
     requirements specified at                               the appropriate sub-ACL in future years.              Hawaiian Islands (MHI) for the 2017–18
     § 648.81(n)(2)(iii).                                    Appropriate AMs for the recreational                  fishing year, which will begin on
        (2) Nantucket Lightship Closed Area.                 fishery, including adjustments to fishing             September 1, 2017, and end on August
     A vessel fishing under charter/party                    season, minimum fish size, or                         31, 2018. If NMFS projects that the


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Document Created: 2018-11-08 08:52:59
Document Modified: 2018-11-08 08:52:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments must be received by June 9, 2017.
ContactMark Grant, Sector Policy Analyst, phone: 978-281-9145; email: [email protected]
FR Citation82 FR 24086 
RIN Number0648-BG52
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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