[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Proposed Rules]
[Pages 14817-14820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06179]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160120042-6042-01]
RIN 0648-BF69
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Recreational Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Supplemental notice of proposed rulemaking; extension of
comment period.
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SUMMARY: This action corrects an error in the Gulf of Maine haddock
closed season in the proposed rule to implement 2016 recreational
groundfish management measures for Gulf of Maine cod and haddock. NMFS
is also extending the public comment period to provide additional time
for the public to submit comments on the corrected measure.
DATES: The public comment period for the proposed rule published at 81
FR 11168, March 3, 2016, is extended from March 18, 2016, to March 25,
2016. Comments must be received no later than March 25, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0011, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to http://www.regulations.gov/#!submitComment;D=NOAA-NMFS-
2016-0011-0001.
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 groundfish recreational fishing management 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
[[Page 14818]]
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).
In support of the proposed action, NMFS prepared a supplemental
environmental assessment (EA) to Framework Adjustment 55 to the
Northeast Multispecies Fishery Management Plan. The Framework 55 EA was
prepared by the New England Fishery Management Council. Copies of the
Framework 55 EA and supplemental EA are available from: John K.
Bullard, Regional Administrator, National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA 01930. The Framework 55 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:
Proposed Modifications to Recreational Management Measures
On March 3, 2016, NMFS published a proposed rule in the Federal
Register (81 FR 11168) to increase recreational fishing opportunities
for Gulf of Maine (GOM) cod and haddock starting May 1, 2016. The
proposed changes would allow anglers to retain one cod per day during
the months of August and September, and retain up to 15 haddock per day
for most of the fishing year.
Need for Modification
NMFS intended to propose measures that were recommended by the New
England Fishery Management Council. However, the proposed rule
contained errors in the dates that GOM haddock possession would be
prohibited. The New England Fishery Management Council recommended that
haddock possession be prohibited in the GOM from March 1 through April
14, but NMFS inadvertently proposed a closed season from April 15
through April 30. Only the dates in the proposed rule and supplemental
EA were incorrect. All of the information and analysis in the rule and
supplemental EA were based on the correct dates and, therefore, are
unaffected by this error. The final supplemental EA also will include
the corrected dates. Table 1 in this rule summarizes the corrected
proposed measures compared to the current fishing year 2015 measures.
Table 1--Corrected Proposed Changes to GOM Cod and Haddock Recreational Management Measures
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Current 2015 measures Proposed 2016 measures
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Per day Per day
Stock possession Season when possession possession Season when possession
limit (fish Minimum fish size is permitted limit (fish Minimum fish size is permitted
per angler) per angler)
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GOM Cod........................ Possession Prohibited Year-Round 1 24 inches (61.0 August 1-September 30.
cm).
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GOM Haddock.................... 3 17 inches (43.2 May 1, 2015-August 31, 15 17 inches (43.2 Year Round Except
cm). 2015 and November 1, cm). March 1-April 14.
2015-February 29, 2016.
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* The recreational cod prohibition is proposed to be rescinded in Framework 55. This action would establish the actual recreational fishing effort
regulations if the prohibition is removed.
The proposed rule published March 3, 2016 (81 FR 11168), contained
additional detail on the recent stock assessments and the increase to
recreational catch limits for GOM cod and GOM haddock that are included
in Framework Adjustment 55; the bio-economic model used to estimate
2016 recreational GOM cod and haddock mortality under various
combinations of minimum sizes, possession limits, and closed seasons;
and how management alternatives and the proposed measures were
developed (see ADDRESSES). That information is not repeated here.
Additional information and analyses on these alternatives is included
in a supplemental Environmental Assessment (see ADDRESSES). Table 2 in
this rule compares the estimated fishing year 2016 mortality of GOM cod
and GOM haddock by the corrected management alternatives.
Table 2--Estimated Fishing Year 2016 Mortality of GOM Cod and Haddock by Corrected Management Alternative*
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Haddock Cod
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Total Total
Alternative Size Total mortality Size Total mortality Angler trips
Bag limit Open season mortality as Bag limit Open season mortality as
limit (in/cm) (mt) percent limit (in/cm) (mt) percent
of quota of quota
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Current Recreational Measures........... 3 17/43.2 Waves 3, 4, 6, 1.......... 405 44 0 n/a Closed................ 66 42 117,139
2016 RAP Recommendation................. 15 17/43.2 All year, except March 1- 709 76 1 24/61.0 Jul--Aug.............. 132 84 168,125
April 14.
2016 Committee Recommendation........... 15 17/43.2 All year, except March 1- 707 76 1 24/61.0 Sept--Oct............. 114 73 167,549
April 14.
2016 Council Recommendation............. 15 17/43.2 All year, except March 1- 707-709 76 1 24/61.0 Aug--Sept............. 114-132 73-84 167,549-168,12
April 14. 5
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* The model cannot split a wave of data; the numbers provided under alternative 4 are a range between alternatives 2 and 3. Council recommended Framework 55 fishing year 2016 GOM haddock
recreational catch limit = 928 mt. Council recommended Framework fishing year 2016 GOM cod recreational catch limit = 157 mt.
[[Page 14819]]
Public Comment Extension
The public comment period for the original proposed rule ends on
March 18, 2016. We provided a 15-day comment period for this rule
which, coupled with extensive public comment periods at three different
Council-related meetings during the development of this action, would
provide sufficient opportunity for public input on the proposed
measures. Because of the need to correct an error in the proposed rule,
we have extended the comment period for an additional 7 days until
March 25, 2016, to allow public comment on the corrected measures.
These measures need to be in effect on May 1, 2016, and recreational
fishing businesses and fishermen are currently scheduling fishing
trips. This correction will provide them with additional information to
assist their planning efforts. Because the proposed measures would
increase fishing opportunities, announcing a final decision on these
measures quickly will provide additional support to recreational
fishing businesses.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 14, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648, as
published at 81 FR 11168, March 3, 2016, is proposed to be further
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, revise paragraphs (c)(1)(ii), (c)(2), and (c)(8) to
read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(c) * * *
(1) * * *
(ii) Each person on a private recreational fishing vessel, fishing
from August 1 through September 30, may possess no more than one cod
per day in, or harvested from, the EEZ when fishing in the GOM
Regulated Mesh Area specified in Sec. 648.80(a)(1); with the exception
that each person on a private recreational vessel in possession of cod
caught outside the GOM Regulated Mesh Area specified in Sec.
648.80(a)(1) may transit this area with more than one such cod per
person up to the possession limit specified at Sec. 648.89(c)(1)(i),
provided all bait and hooks are removed from fishing rods and any cod
on board has been gutted and stored.
* * * * *
(2) Charter or party vessels. (i) Each person on a charter/party
fishing vessel permitted under this part and not fishing under a NE
multispecies DAS program or on a sector trip may possess unlimited cod
when fishing outside of the GOM Regulated Mesh Area specified in Sec.
648.80(a)(1).
(ii) Each person on a charter or party vessel permitted under this
part, fishing from August 1 through September 30, and not fishing under
the NE multispecies DAS program or on a sector trip, may possess no
more than one cod per day in the GOM Regulated Mesh Area specified in
Sec. 648.80(a)(1); with the exception that each person on a charter or
party vessel in possession of cod caught outside the GOM Regulated Mesh
Area specified in Sec. 648.80(a)(1) may transit this area with more
than one such cod up to any possession limit under Sec.
648.89(c)(2)(ii), 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 a charter or party vessel with more than one
person aboard may be pooled in one or more containers. Compliance with
the possession limits 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 limits 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.
* * * * *
(8) 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 vessels. Each person on a charter or party
fishing vessel 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 Sec. 648.89(c)(8)(ii) up to the possession limit
specified at Sec. 648.89(c)(8)(i), provided all bait and hooks are
removed from fishing rods and any haddock on board has been gutted and
stored.
(1) May through February. Each person on a private recreational
fishing vessel, fishing from May 1 through February 28 (February 29 in
leap years), may possess no more than 15 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) 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.
(3) 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 15 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 vessels. Each person on a charter or party
fishing vessel permitted under this part, and not fishing under a 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 GOM haddock
possession limit per person up to the possession limit specified at
Sec. 648.89(c)(8)(i), provided all bait and hooks are removed from
fishing rods and any haddock on board has been gutted and stored.
(1) May through February. Each person on a charter or party fishing
vessel permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, fishing from May 1
through February 28 (or 29 in leap years), may possess no more than 15
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) March 1 through April 14. When fishing in the GOM Regulated
Mesh
[[Page 14820]]
Area specified in Sec. 648.80(a)(1), persons aboard a charter or party
fishing vessel 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.
(3) April 15 through April 30. Each person on a charter or party
fishing vessel 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 15 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.
* * * * *
[FR Doc. 2016-06179 Filed 3-17-16; 8:45 am]
BILLING CODE 3510-22-P