[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Rules and Regulations]
[Pages 25160-25164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09951]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150305221-5221-01]
RIN 0648-BE82
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2015; Recreational Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
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SUMMARY: This action implements a reduction to the minimum size for
Gulf of Maine haddock taken in the recreational fishery. This action is
necessary to ensure that the recreational catch of haddock and
recreational bycatch of cod will not exceed the annual catch limits for
the recreational fishery in fishing year 2015. The intended effect of
this action is to reduce discards of cod and haddock by allowing
recreational anglers to retain smaller haddock, which will result in
anglers achieving their bag limit more quickly.
DATES: Effective May 1, 2015. Comments must be received by June 1,
2015.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2015-0046, 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-2015-0046
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 2015 Haddock 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 a supplemental environmental assessment (EA) to Framework
Adjustment 53 prepared by the Greater Atlantic Regional Fisheries
Office (GARFO) and Northeast Fisheries Science Center and the Framework
53 EA prepared by the New England Fishery Management Council for this
rulemaking are available from: John K. Bullard, Regional Administrator,
National Marine Fisheries Service, 55 Great Republic Drive, Gloucester,
MA 01930. The Framework 53 EA and supplement 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 2015 Recreational Management Measures
2. Regulatory Corrections Under Regional Administrator Authority
1. Fishing Year 2015 Recreational Management Measures
The recreational fishery for Gulf of Maine (GOM) cod and haddock is
managed under the Northeast Multispecies Fishery Management Plan (FMP)
which has been developed by the New England Fishery Management Council
and approved and implemented by NMFS. Under the FMP, specific sub-
annual catch limits (ACL) for the recreational fishery are established
for each fishing year for GOM cod and haddock. These sub-ACLs are a
subcomponent of the overall stock catch limit for each species. The
multispecies fishery opens on May 1 each year and runs through April 30
of the following calendar year. The FMP also contains accountability
measures, in accordance with Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) National Standard 1 guidelines.
The accountability measures outlined in the FMP indicate that the
Regional Administrator may, in consultation with the Council, modify
the recreational
[[Page 25161]]
management measures for the upcoming fishing year to ensure that the
sub-ACL is not exceeded. The provisions authorizing this action can be
found in Sec. 648.89(f)(3) of the FMP implementing regulations.
Additional measures necessary to facilitate enforcement of these
accountability measures, consistent with the FMP, are authorized by
Sec. 305(d) of 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. Because the recreational measures currently in place for GOM cod
and haddock are not expected to constrain fishing year 2015 catch to
the sub-ACL, the proactive accountability measure requires adjustment
of the management measures.
A peer-reviewed bio-economic model, developed by the Northeast
Fisheries Science Center, was used to estimate fishing year 2015
recreational GOM cod and haddock mortality under various combinations
of minimum sizes, possession limits, and closed seasons. Even after
prohibiting GOM cod possession by recreational fishermen in Framework
53 to the FMP, our model estimated that the status quo measures for GOM
haddock were unlikely to constrain haddock catch or cod bycatch within
the fishing year 2015 catch limits, thus requiring that we implement
additional measures.
After consultation with the Council, NMFS is implementing measures
for the recreational haddock fishery to ensure that recreational
catches of GOM haddock and cod do not exceed the recreational sub-
annual catch limits (sub-ACLs) for these stocks. This rule implements a
17-inch (43.2-cm) minimum size for haddock, which is a decrease from
the 21-inch (53.3-cm) minimum fish size for haddock in effect for
fishing year 2014. The possession limit for GOM haddock will remain
three fish per angler, and the seasonal possession restrictions for
haddock will be unchanged (September 1, 2015, through October 31, 2015;
and March 1, 2016, through April 30, 2016). The recreational haddock
measures implemented by this rule are dependent on the fishing year
2015 recreational sub-ACLs, and a zero-possession limit for GOM cod,
being implemented by Framework 53. Despite prohibiting recreational
possession of GOM cod, the GOM haddock measures have a direct impact on
achieving or exceeding the GOM cod sub-ACL because of cod bycatch in
the haddock fishery (cod discard mortality counts against the cod sub-
ACL).
These measures are expected to result in fishing year 2015
recreational GOM cod and haddock catches lower than the sub-ACLs of 121
mt for cod and 372 mt for haddock, as explained further below. The
fishing year 2015 recreational measures for GOM cod and haddock are
specified in Table 1 with information on fishing year 2014 measures for
comparison.
Table 1--GOM Cod and Haddock Recreational Management Measures for Fishing Year 2015 and Changes From Fishing Year 2014 Measures
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2015 Measures 2014 Measures
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Per day
Species possession Possession Per day Possession
limit (fish Minimum fish size prohibited (GOM possession Minimum fish size prohibited (GOM
per area) limit area)
angler)
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Cod*................ 0 Not Applicable................ May 1, 2015-April 9 21 inches (53.3 cm)........... September 1, 2014-
30, 2016. April 14, 2015.
Haddock............. 3 17 inches (43.2 cm)........... September 1-October 3 21 inches (53.3 cm)........... September 1-October
31, 2015 and March 31, 2014 and March
1-April 30, 2016. 1-April 30, 2015.
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* The recreational cod measures are set in the final rule implementing Framework Adjustment 53.
We are also implementing four additional measures to facilitate the
implementation and enforcement of the recreational possession limit for
GOM haddock, which differs from the recreational possession limit for
Georges Bank haddock, under our authority specified in section 305(d)
of the Magnuson-Stevens Act. First, for purposes of counting fish,
fillets will be converted to whole fish by dividing the number of
fillets by two. However, if fish are filleted into a single (butterfly)
fillet, such fillet shall be deemed to be from one whole fish. Second,
haddock harvested by recreational fishing vessels 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 people 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. Third, haddock must be stored so as to be
readily available for inspection. Fourth, the regulations specifying
how to calculate the possession limit for multi-day trips will be
revised to apply to haddock as well as cod.
Background
The GOM cod and haddock recreational catch estimates indicate that
the estimated fishing year 2014 GOM cod catch is 561 mt and 505 mt for
GOM haddock. These catch estimates significantly exceed the fishing
year 2014 sub-ACLs, which are 486 mt for GOM cod and 173 mt for GOM
haddock. For fishing year 2015, the Council has recommended a
recreational sub-ACL of 121 mt for GOM cod and a recreational sub-ACL
of 372 mt for GOM haddock. These catch limits were previously published
in a proposed rule with the Council's catch recommendations, and other
fishing year 2015 management measures contained in Framework 53 to the
FMP for May 1, 2015, implementation. The proposed and final rules for
Framework 53 (when published), along with supporting analyses for
Framework 53, can be found at the Federal electronic rulemaking portal:
Regulations.gov. Reference docket NOAA-NMFS-2015-0020. http://www.regulations.gov/#!documentDetail;D=NOAA-NMFS-2015-0020-0001.
As specified in Table 2, in order to not exceed the recommended
sub-ACLs in fishing year 2015, recreational catch must be reduced from
actual 2014 catch estimates by 78 percent for GOM cod and 84 percent
for GOM haddock. The
[[Page 25162]]
supplemental EA containing the analyses for this action is available as
outlined in the ADDRESSESS section of this rule's preamble.
Table 2--Preliminary Fishing Year 2014 and 2015 Recreational Catch Information for GOM Cod and Haddock
[All weights in mt]
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Reduction in
% of 2014 sub-ACL landings needed
GOM stock 2014 sub-ACL Total catch caught 2015 sub-ACL for 2015
(percent)
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Cod...................................................... 486 561 115 121 78
Haddock.................................................. 173 505 292 372 84
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Council Recommendations
As part of the accountability measure consultation process, the
Council convened its Recreational Advisory Panel (RAP) on January 22,
2015, to recommend management measure changes for the Council's
consideration. The RAP reviewed catch projections under various
scenarios of changed measures for fishing year 2015 modeled by the
Northeast Fisheries Science Center's Social Sciences Branch (SSB). SSB
staff used a model that was peer-reviewed in 2012 by the Council's
Scientific and Statistical Committee. This bioeconomic simulation model
predicts the expected number of GOM cod and haddock that would be kept
and discarded from alternative seasons, and possession and size limits.
Despite prohibiting recreational possession of GOM cod, the GOM haddock
measures have a direct impact on achieving or exceeding the GOM cod
sub-ACL because of cod bycatch in the haddock fishery.
The RAP's recommendations were discussed by the Council at its
January 29, 2015, meeting. The RAP and Council recommended that the
minimum size for GOM haddock be reduced from 21 inches (53.3 cm) to 17
inches (43.2 cm), that the possession limit for GOM haddock increase
from 3 fish to 4 fish, and the seasonal possession restriction for
haddock remain unchanged (September 1, 2015, through October 31, 2015,
and March 1, 2016, through April 30, 2016). Reducing the minimum size
would reduce discards because there are a large number of haddock in
the 17-inch (43.2-cm) to 20-inch (50.8-cm) range, which would result in
anglers achieving their bag limit more quickly under the smaller
minimum size. However, the bio-economic model predicted that these
measures are unlikely to keep haddock catch and the resulting cod
bycatch from exceeding the fishing year 2015 recreational catch limits.
Based on the model estimates, these recommended measures could result
in catches below the recreational sub-ACLs only if discard mortality
for cod and haddock were reduced, while compliance was increased. To
address this, the Council and RAP recommended gear requirements to
reduce recreational discard mortality, and outreach to increase
compliance with the recreational measures.
Specifically, the Council and RAP recommended prohibiting the use
of more than two hooks per line while fishing for groundfish in the
GOM, requiring that in-line circle hooks be used with bait, and
requiring that jigs and artificial lures use only single point J-hooks
(e.g., no treble hooks). NMFS considered these gear measures, but is
not implementing them because of a lack of available conclusive
scientific evidence that the recommended gear restrictions would have
positive conservation benefits in the GOM recreational groundfish
fishery. However, NMFS is continuing its increased outreach efforts and
expects that this will result in increased compliance with the cod and
haddock recreational measures in fishing year 2015.
More substantial background on this action, including details on
the measures recommended by the RAP and the Council, and the resulting
projected catch in fishing year 2015 associated with those options, can
be found in the supplemental EA prepared for this action. Additional
information regarding the presentations and discussions held by the RAP
and Council are available on the Council's Web site: http://www.nefmc.org/.
Model Assumptions Used in Analysis
The estimated recreational catches for GOM cod and haddock come
from the bio-economic model developed by the SSB. The model estimates
that fishing year 2015 effort will decline a further 12 to 15 percent
from fishing year 2014, based on preliminary estimates. However, the
bio-economic model is limited in its ability to account for how a zero
possession limit for GOM cod will affect effort because there are no
available historical data for cod catch during a period when cod
possession was prohibited while haddock retention was permitted. During
September and October of 2014, recreational possession of both cod and
haddock was prohibited. During that time (MRIP Wave 5), recreational
angler trips declined 85 percent compared to the same period in 2013.
The 85-percent decline in angler trips is an indication that
prohibiting recreational possession of cod will likely cause a
substantial reduction in effort, beyond what the model is estimating,
but the reduction is expected to be less than 85 percent because
anglers would be able to retain three haddock per trip.
In analyzing this action, we have adopted a new lower estimate of
recreational cod discard mortality than what was used in the most
recent stock assessment. At the time of the assessment, there were no
directed field studies available to better inform the estimate.
However, a recently conducted study provides preliminary GOM cod
recreational discard mortality estimates. After reviewing the study,
Northeast Fisheries Science Center staff determined that the 15-percent
estimate derived from this study has a stronger scientific
justification than the 30-percent rate previously used in the
assessment.
For fishing year 2015 catch estimates, the model also incorporates
non-compliance estimates from the MRIP survey to improve the model's
ability to accurately predict catches. The non-compliance estimates
from MRIP represent unintentional non-compliance, which we are
addressing with a new outreach and education plan for recreational
fisheries.
Analysis of Measures for Fishing Year 2015
The model predicts that the measures implemented by this action
have greater than a 50-percent probability of keeping mortality of GOM
haddock below the
[[Page 25163]]
fishing year 2015 sub-ACL, but less than a 50-percent probability of
limiting mortality of GOM cod to the sub-ACL (Table 3). However, as
discussed above, we have concluded that the model likely overestimates
cod catch (because the model does not consider potential changes in
fishing behavior that may result from the zero cod possession limit)
and we expect a reduction of at least 10 percent below the model
estimate, such that cod catch would be below the recreational sub-ACL
due to decreased effort targeting cod. Therefore, we expect that there
is at least a 50-percent probability that recreational GOM cod and
haddock catch will stay within their respective sub-ACLs under these
measures.
Table 3--Projected Fishing Year 2015 Recreational Cod and Haddock Mortality in Comparison to Sub-ACLs
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Cod mortality Haddock mortality
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Metric tons Percent of sub-ACL Metric tons Percent of sub-ACL
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132 109 323 87
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The model also predicts that the reduction in minimum size would
result in a slight increase in the number of angler trips in the
recreational fishery for GOM haddock. Because the minimum size for
haddock is being reduced, a reduction in catch of cod and haddock is
expected despite forecasting a slight increase in trips when compared
to maintaining the current recreational minimum size of 21 inches (53.3
cm). There are a large number of haddock in the 17-inch (43.2-cm) to
20-inch (50.8-cm) range, which will result in anglers achieving their
bag limit more quickly and discarding fewer fish than under the 21-inch
(53.3-cm) minimum size. There is little high-grading in the
recreational groundfish fishery and anglers are expected to end their
trip or target other species after reaching their haddock bag limit.
2. Regulatory Corrections Under Regional Administrator Authority
In Sec. 648.89(b)(1), an unnecessary acronym is removed and the
default minimum size for cod caught inside the GOM Regulated Mesh Area
is added to the minimum fish size table. Previously, this default
minimum size was specified in a separate paragraph, so this change is
intended to improve readability for the public. These changes were
previously proposed along with measures to implement Framework
Adjustment 53 (80 FR 12394). No comments were received on these
changes. These changes are made as part of this rule to ensure the
updates to Sec. 648.89(b)(1) necessary to implement the reduced
minimum size for haddock in this action do not overwrite the needed
changes.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a determination that this interim
final rule is consistent with the Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the
Assistant Administrator for Fisheries finds good cause to waive the
otherwise applicable requirements for both notice and comment
rulemaking and a 30-day delay in effectiveness for this interim final
action implementing fishing year 2015 recreational GOM haddock
management measures. As explained in further detail below, the
availability of information necessary to ensure that measures were in
place for the May 1, 2015, start of the fishing year made it
impracticable to provide prior notice and comment without sacrificing
needed conservation benefits.
Because of the need to consider data and consult with the Council
on this action, it was not possible to provide opportunity for prior
notice and comment before the start of the fishing year, May 1, 2015.
The Council was unable to meet to discuss recreational measures and
make recommendations to NMFS until January 29, 2015. If these measures
are not in place by the start of the fishing year, important
conservation benefits may be lost. The majority of the recreational
fishery occurs in the late spring and early summer months. Over the
last three years (fishing years 2012-2014), an average of 28 percent of
the recreational fishery has occurred in May and June (Wave 3).
Delaying implementation of fishing year 2015 measures until sometime
after May 1, 2015, would allow the recreational fishery for haddock to
occur without the new measures during some or all of one of the busiest
recreational seasons of the year. Even if the foregone benefits could
be made up it would require the implementation of even more stringent
measures with possibly more negative social and economic impacts to
fishery participants to ensure total catch limits for the year are not
exceeded. Doing so undermines the purpose of the rule and would be
contrary to the public interest. Development of measures was publicly
discussed at a RAP meeting and a Council meeting in January 2015, and
NMFS is soliciting public comment on the interim measures contained in
this rule.
For these same reasons, NMFS finds it necessary to waive the
delayed effective date for this action. By implementing these measures
through an interim final rule, NMFS will receive comments on this rule.
These comments will be considered and any necessary changes to these
measures can be made at a later date via appropriate rulemaking
procedures.
This interim final rule has been determined to be not significant
for purposes of Executive Order (E.O.) 12866.
This interim final rule does not contain policies with Federalism
or ``takings'' implications as those terms are defined in E.O. 13132
and E.O. 12630, respectively.
This interim final rule is exempt from the procedures of the
Regulatory Flexibility Act and the requirement to prepare a final
regulatory flexibility analysis as required by 5 U.S.C. 604 because the
rule is issued without opportunity for prior notice and opportunity for
public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: April 20, 2015
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
[[Page 25164]]
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) and (c)(4).
0
b. Lift the suspension of paragraph (c)(8) published December 29, 2014
(79 FR 77953).
0
c. Remove paragraph (c)(8) published November 13, 2014 (79 FR 67375)
and effectiveness extended December 29, 2014 (79 FR 77946).
0
d. Add a new paragraph (c)(8).
The revisions and addition read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) Recreational minimum fish sizes--(1) Minimum fish sizes. Unless
further restricted under this section, persons aboard charter or party
boats permitted under this part and not fishing under the NE
multispecies DAS program or under the restrictions and conditions of an
approved sector operations plan, and private recreational fishing
vessels in or possessing fish from the EEZ, may not possess fish
smaller than the minimum fish sizes, measured in total length, as
follows:
------------------------------------------------------------------------
Minimum size
Species -------------------------------
Inches cm
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Cod:
Inside GOM Regulated Mesh Area \1\.. 21 53.3
Outside GOM Regulated Mesh Area \1\. 22 55.9
Haddock:
Inside GOM Regulated Mesh Area...... 17 43.2
Outside GOM Regulated Mesh Area..... 18 45.7
Pollock................................. 19 48.3
Witch Flounder (gray sole).............. 14 35.6
Yellowtail Flounder..................... 13 33.0
American Plaice (dab)................... 14 35.6
Atlantic Halibut........................ 41 104.1
Winter Flounder (blackback)............. 12 30.5
Redfish................................. 9 22.9
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\1\ GOM Regulated Mesh Area specified in Sec. 648.80(a).
(2) Exception. 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.
(3) Fish fillets, or parts of fish, must have at least 2 square
inches (5.1 square cm) of skin on while possessed on board a vessel and
at the time of landing in order to meet minimum size requirements. The
skin must be contiguous and must allow ready identification of the fish
species.
(c) * * *
(4) Accounting of daily trip limit. For the purposes of determining
the per day trip limit for cod and haddock for private recreational
fishing vessels and charter or party boats, any trip in excess of 15
hours and covering 2 consecutive calendar days will be considered more
than 1 day. Similarly, any trip in excess of 39 hours and covering 3
consecutive calendar days will be considered more than 2 days and, so
on, in a similar fashion.
* * * * *
(8) Haddock. (i) Each person on a charter or party boat permitted
under this part, or on a private recreational fishing vessel fishing in
the EEZ, may possess no more than three haddock per day in, or
harvested from, the EEZ when fishing inside of the GOM Regulated Mesh
Area specified in Sec. 648.80(a)(1); with the exception that private
recreational vessels and charter or party boats in possession of
haddock caught outside the GOM Regulated Mesh Area may transit this
area, provided all bait and hooks are removed from fishing rods and any
haddock on board has been gutted and stored.
(ii) Each person on a charter or party boat permitted under this
part, or on a private recreational fishing vessel fishing in the EEZ,
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).
(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.
* * * * *
[FR Doc. 2015-09951 Filed 4-30-15; 8:45 am]
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