23482 Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / Proposed Rules 

18.3 Additional Standards for Priority 

Mail Express Open and Distribute 

* * * * * 

18.3.2 Extra Services 

No extra services may be added to the 

Priority Mail Express segment of a 

Priority Mail Express Open and 

Distribute shipment, and the enclosed 

mail may receive only the following 

extra services: 

[Revise the text of items a and b to 

read as follows:] 

a. First-Class Mail pieces may be sent 

with Certified Mail service or, for 

parcels only, USPS Tracking or 

Signature Confirmation service. 

b. Priority Mail pieces may be sent 

with Certified Mail service, USPS 

Tracking, or Signature Confirmation 

service. 

* * * * * 

[Revise the text of item d to read as 

follows:] 

d. Parcel Select, USPS Retail Ground 

and Package Services mail may be sent 

with, for parcels only, USPS Tracking or 

Signature Confirmation service. 

18.4 Additional Standards for Priority 

Mail Open and Distribute 

* * * * * 

18.4.2 Extra Services 

No extra services are available for 

Priority Mail Open and Distribute 

containers. The mail enclosed in the 

container may receive only the 

following services: 

[Revise the text of item a to read as 

follows:] 

a. First-Class Mail pieces may be sent 

with Certified Mail service or special 

handling or, for parcels only, USPS 

Tracking or Signature Confirmation 

service. 

* * * * * 

[Revise the text of item c to read as 

follows:] 

c. Parcel Select and Package Services 

mail may be sent with, for parcels only, 

USPS Tracking or Signature 

Confirmation service. 

* * * * * 

Joshua J. Hofer, 

Attorney, Ethics & Legal Compliance. 

[FR Doc. 2022–07829 Filed 4–19–22; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220413–0095] 

RIN 0648–BL12 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Framework 

Adjustment 63 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This action proposes to 

approve and implement Framework 

Adjustment 63 to the Northeast 

Multispecies Fishery Management Plan. 

This rule proposes to set or adjust catch 

limits for 5 of the 20 multispecies 

(groundfish) stocks, adjust recreational 

measures for Georges Bank cod, and 

revise the default specifications process. 

This action is necessary to respond to 

updated scientific information and to 

achieve the goals and objectives of the 

fishery management plan. The proposed 

measures are intended to help prevent 

overfishing, rebuild overfished stocks, 

achieve optimum yield, and ensure that 

management measures are based on the 

best scientific information available. 

DATES: Comments must be received by 

May 5, 2022. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2021–0133, 

by the following method: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov and enter NOAA– 

NMFS–2021–0133 in the Search box. 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by us. 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. We will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Copies of Framework Adjustment 63, 

including the draft Environmental 

Assessment, the Regulatory Impact 

Review, and the Regulatory Flexibility 

Act Analysis prepared by the New 

England Fishery Management Council 

in support of this action, are available 

from Thomas A. Nies, Executive 

Director, New England Fishery 

Management Council, 50 Water Street, 

Mill 2, Newburyport, MA 01950. The 

supporting documents are also 

accessible via the internet at: https://

www.nefmc.org/management-plans/ 

northeast-multispecies or https://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Liz 

Sullivan, Fishery Policy Analyst, phone: 

978–282–8493; email: Liz.Sullivan@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Summary of Proposed Measures 

This action would implement the 

management measures in Framework 

Adjustment 63 to the Northeast 

Multispecies Fishery Management Plan 

(FMP). The New England Fishery 

Management Council reviewed the 

proposed regulations and deemed them 

consistent with, and necessary to 

implement, Framework 63 in a March 8, 

2022, letter from Council Chairman Eric 

Reid to Regional Administrator Michael 

Pentony. Under the Magnuson-Stevens 

Act, we approve, disapprove, or 

partially approve measures that the 

Council proposes, based on consistency 

with the Act and other applicable law. 

We review proposed regulations for 

consistency with the fishery 

management plan, plan amendment, the 

Magnuson-Stevens Act and other 

applicable law, and publish the 

proposed regulations, solicit public 

comment, and promulgate the final 

regulations. We are seeking comments 

on the Council’s proposed measures in 

Framework 63. Through Framework 63, 

the Council proposes to: 

• Set shared U.S./Canada quotas for 

Georges Bank (GB) yellowtail flounder 

and eastern GB cod and haddock for 

fishing years 2022 and 2023; 

• Set specifications, including catch 

limits, for five groundfish stocks: Gulf of 

Maine (GOM) cod (2022–2024), GB 

yellowtail flounder (2022–2023), and 

GB cod, GB haddock, and white hake 

(2022); 

• Adjust recreational measures for GB 

cod; 

• Grant the Regional Administrator 

authority to adjust recreational 


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measures for GB cod in 2023 and 2024, 

and; 

• Modify the current process for 

default specifications. 

This action also proposes regulatory 

corrections that are not part of 

Framework 63, but that may be 

considered and implemented under our 

section 305(d) authority in the 

Magnuson-Stevens Act to make changes 

necessary to carry out the FMP. We are 

proposing these corrections in 

conjunction with the Framework 63 

proposed measures for expediency 

purposes. These proposed corrections 

are described in Regulatory Corrections 

under Secretarial Authority. 

Fishing Years 2022 and 2023 Shared 

U.S./Canada Quotas 

Management of Transboundary Georges 

Bank Stocks 

Eastern GB cod, eastern GB haddock, 

and GB yellowtail flounder are jointly 

managed with Canada under the United 

States/Canada Resource Sharing 

Understanding. The Transboundary 

Management Guidance Committee 

(TMGC) is a government-industry 

committee made up of representatives 

from the United States and Canada. For 

historical information about the TMGC 

see: https://www.bio.gc.ca/info/intercol/ 

tmgc-cogst/index-en.php. Each year, the 

TMGC recommends a shared quota for 

each stock based on the most recent 

stock information and the TMGC’s 

harvest strategy. The TMGC’s harvest 

strategy for setting catch levels is to 

maintain a low to neutral risk (less than 

50 percent) of exceeding the fishing 

mortality limit for each stock. The 

harvest strategy also specifies that when 

stock conditions are poor, fishing 

mortality should be further reduced to 

promote stock rebuilding. The shared 

quotas are allocated between the United 

States and Canada based on a formula 

that considers historical catch (10- 

percent weighting) and the current 

resource distribution (90-percent 

weighting). 

For GB yellowtail flounder, the 

Council’s Scientific and Statistical 

Committee (SSC) also recommends an 

acceptable biological catch (ABC) for the 

stock. The ABC is typically used to 

inform the U.S. TMGC’s discussions 

with Canada for the annual shared 

quota. Although the stock is jointly 

managed with Canada, and the TMGC 

recommends annual shared quotas, the 

Council may not set catch limits that 

would exceed the SSC’s 

recommendation. The SSC does not 

recommend ABCs for eastern GB cod 

and haddock because they are 

management units of the total GB cod 

and haddock stocks. The SSC 

recommends overall ABCs for the total 

GB cod and haddock stocks. The shared 

U.S./Canada quota for eastern GB cod 

and haddock is included in these 

overall ABCs, and must be consistent 

with the SSC’s recommendation for the 

total GB stocks. 

2022 and 2023 U.S./Canada Quotas 

The Transboundary Resources 

Assessment Committee conducted 

assessments for the three transboundary 

stocks in July 2021, and detailed 

summaries of these assessments can be 

found at: https://www.nefsc.noaa.gov/ 

assessments/trac/. The TMGC met in 

September 2021 to recommend shared 

quotas for 2022 based on the updated 

assessments, and the Council adopted 

the TMGC’s recommendations in 

Framework 63. Framework 63 proposes 

to set the same shared quotas for a 

second year (i.e., for fishing year 2023) 

as placeholders, with the expectation 

that those quotas will be reviewed 

annually and new recommendations 

will be received from the TMGC. The 

proposed 2022 and 2023 shared U.S./ 

Canada quotas, and each country’s 

allocation, are listed in Table 1. 

TABLE 1—PROPOSED 2022 AND 2023 FISHING YEARS U.S./CANADA QUOTAS (MT, LIVE WEIGHT) AND PERCENT OF

QUOTA ALLOCATED TO EACH COUNTRY

Quota Eastern GB cod Eastern GB haddock GB yellowtail flounder 

Total Shared Quota ....................... 571 ................................................ 14,100 ........................................... 200. 

U.S. Quota ..................................... 160 (28 percent) ........................... 6,627 (47 percent) ........................ 122 (61 percent). 

Canadian Quota ............................. 411 (72 percent) ........................... 7,473 (53 percent) ........................ 78 (39 percent). 

The proposed 2022 U.S. quota for 

eastern GB cod would represent a 16.1- 

percent decrease compared to 2021; the 

proposed 2022 U.S. quota for eastern GB 

haddock and GB yellowtail flounder 

would represent 2-percent and 53- 

percent increases, respectively, 

compared to 2021. For a more detailed 

discussion of the TMGC’s 2022 catch 

advice, including a description of each 

country’s quota share, see the TMGC’s 

guidance document that will be posted 

at: https://www.greateratlantic.fisheries.

noaa.gov/. 

The regulations implementing the 

U.S./Canada Resource Sharing 

Understanding require deducting any 

overages of the U.S. quota for eastern GB 

cod, eastern GB haddock, or GB 

yellowtail flounder from the U.S. quota 

in the following fishing year. If catch 

information for the 2021 fishing year 

indicates that the U.S. fishery exceeded 

its quota for any of the shared stocks, we 

will reduce the respective U.S. quotas 

for the 2022 fishing year in a future 

management action, as close to May 1, 

2022, as possible. If any fishery that is 

allocated a portion of the U.S. quota 

exceeds its allocation and causes an 

overage of the overall U.S. quota, the 

overage reduction would be applied 

only to that fishery’s allocation in the 

following fishing year. This ensures that 

catch by one component of the overall 

fishery does not negatively affect 

another component of the overall 

fishery. 

Catch Limits for Fishing Years 2022– 

2024 

Summary of the Proposed Catch Limits 

Tables 2 through 11 show the 

proposed catch limits for the 2022–2024 

fishing years. A brief summary of how 

these catch limits were developed is 

provided below. More details on the 

proposed catch limits for each 

groundfish stock can be found in 

Appendix II (Calculation of Northeast 

Multispecies Annual Catch Limits, FY 

2022–FY 2024) to the Framework 63 

Environmental Assessment (see 

ADDRESSES for information on how to 

get this document). 

Through Framework 63, the Council 

proposes to adopt catch limits for GOM 

cod for the 2022–2024 fishing years and 

for GB cod for the 2022 fishing year, 

based on stock assessments completed 

in 2021; a catch limit for white hake for 

fishing year 2022, based on the revised 

rebuilding plan implemented by 

Framework 61; and a catch limit for GB 

yellowtail flounder for fishing years 

2022–2023. Framework 59 (85 FR 

45794; July 30, 2020) previously set 

2022 quotas for seven groundfish stocks 

based on assessments conducted in 

2019, which would remain in place, 

with a small change to the U.S. ABC for 

GB haddock to reflect the 2022 TMGC 


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23484 Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / Proposed Rules 

recommendation for that stock. 

Framework 61 (86 FR 40353; July 28, 

2021) previously set 2022–2023 quotas 

for the remaining nine groundfish stocks 

based on assessments conducted in 

2020, and those would also remain in 

place. Table 2 provides an overview of 

which catch limits, if any, would 

change, as proposed in Framework 63, 

as well as when the stock was most 

recently assessed. Table 3 provides the 

percent change in the 2022 catch limit 

compared to the 2021 fishing year. 

TABLE 2—CHANGES TO CATCH LIMITS, AS PROPOSED IN FRAMEWORK 63 

Stock Most recent 

assessment 

Proposed change in 

framework 63 

GB Cod ..................................................... 2021 New 2022 ABC. 

GOM Cod .................................................. 2021 New 2022–2024 ABC. 

GB Haddock ............................................. 2019 New 2022 U.S. ABC. 

GOM Haddock .......................................... 2019 No change: 2022 catch limits set by Framework 59. 

GB Yellowtail Flounder ............................. 2020 New 2022–2023 ABC. 

SNE/MA Yellowtail Flounder ..................... 2019 No change: 2022 catch limits set by Framework 59. 

CC/GOM Yellowtail Flounder .................... 2019 No change: 2022 catch limits set by Framework 59. 

American Plaice ........................................ 2019 No change: 2022 catch limits set by Framework 59. 

Witch Flounder .......................................... 2019 No change: 2022 catch limits set by Framework 59. 

GB Winter Flounder .................................. 2020 No change: 2022–2023 catch limits set by Framework 61. 

GOM Winter Flounder .............................. 2020 No change: 2022–2023 catch limits set by Framework 61. 

SNE/MA Winter Flounder ......................... 2020 No change: 2022–2023 catch limits set by Framework 61. 

Redfish ...................................................... 2020 No change: 2022–2023 catch limits set by Framework 61. 

White Hake ............................................... 2019 New 2022 ABC. 

Pollock ...................................................... 2019 No change: 2022 catch limits set by Framework 59. 

N. Windowpane Flounder ......................... 2020 No change: 2022–2023 catch limits set by Framework 61. 

S. Windowpane Flounder ......................... 2020 No change: 2022–2023 catch limits set by Framework 61. 

Ocean Pout ............................................... 2020 No change: 2022–2023 catch limits set by Framework 61. 

Atlantic Halibut .......................................... 2020 No change: 2022–2023 catch limits set by Framework 61. 

Atlantic Wolffish ........................................ 2020 No change: 2022–2023 catch limits set by Framework 61. 

N = Northern; S = Southern. 

TABLE 3—PROPOSED FISHING YEARS 2022–2024 OVERFISHING LIMITS AND ACCEPTABLE BIOLOGICAL CATCHES

[mt, live weight] 

Stock 

2022 Percent 

change from 

2021 

2023 2024 

OFL U.S. ABC OFL U.S. ABC OFL U.S. ABC 

GB Cod ........................ UNK 343 ¥73.78 ........................ ........................ ........................ ........................

GOM Cod ..................... 724 551 0 853 551 980 551 

GB Haddock ................. 114,925 81,383 ¥2 ........................ ........................ ........................ ........................

GOM Haddock ............. 14,834 11,526 ¥31 ........................ ........................ ........................ ........................

GB Yellowtail Flounder UNK 122 53 UNK 122 ........................ ........................

SNE/MA Yellowtail 

Flounder ................... 184 22 0 ........................ ........................ ........................ ........................

CC/GOM Yellowtail 

Flounder ................... 1,116 823 0 ........................ ........................ ........................ ........................

American Plaice ........... 3,687 2,825 ¥2 ........................ ........................ ........................ ........................

Witch Flounder ............. UNK 1,483 0 ........................ ........................ ........................ ........................

GB Winter Flounder ..... 974 608 0 1,431 608 ........................ ........................

GOM Winter Flounder .. 662 497 0 662 497 ........................ ........................

SNE/MA Winter Flounder ............................ 1,438 456 0 1,438 456 ........................ ........................

Redfish ......................... 13,354 10,062 ¥1 13,229 9,967 ........................ ........................

White Hake .................. 3,022 2,116 ¥1 ........................ ........................ ........................ ........................

Pollock .......................... 21,744 16,812 ¥24 ........................ ........................ ........................ ........................

N. Windowpane Flounder ............................ UNK 160 0 UNK 160 ........................ ........................

S. Windowpane Flounder ............................ 513 384 0 513 384 ........................ ........................

Ocean Pout .................. 125 87 0 125 87 ........................ ........................

Atlantic Halibut ............. UNK 101 0 UNK 101 ........................ ........................

Atlantic Wolffish ........... 122 92 0 122 92 ........................ ........................

UNK = Unknown. 

Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits would be set in a future action. 


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Overfishing Limits and Acceptable 

Biological Catches 

The overfishing limit (OFL) is 

calculated to set the maximum amount 

of fish that can be caught in a year, 

without constituting overfishing. The 

ABC is typically set lower than the OFL 

to account for scientific uncertainty. For 

GB cod, GB haddock, and GB yellowtail 

flounder, the total ABC is reduced by 

the amount of the Canadian quota (see 

Table 1 for the Canadian and U.S. shares 

of these stocks). Although the TMGC 

recommendations were only for fishing 

year 2022, the portion of the shared 

quota allocated to Canada in fishing 

year 2022 was used to project U.S. ABCs 

for GB yellowtail for 2023. This avoids 

artificially inflating the U.S. ABC up to 

the total ABC for the 2023 fishing year. 

Because there are no proposed total 

ABCs for GB cod and GB haddock for 

fishing year 2023, there are no fishing 

year 2023 U.S. ABCs for these two 

stocks either, although there are 

proposed quotas for eastern GB cod and 

haddock (see Fishing Years 2022 and 

2023 Shared U.S./Canada Quotas). The 

TMGC will make new recommendations 

for 2023, which would replace any 

quotas for these stocks set in this action. 

Additionally, although GB winter 

flounder, white hake, and Atlantic 

halibut are not jointly managed with 

Canada, there is some Canadian catch of 

these stocks. Because the total ABC 

must account for all sources of fishing 

mortality, expected Canadian catch of 

GB winter flounder (26 mt), white hake 

(39 mt), and Atlantic halibut (49 mt) is 

deducted from the total ABC. The U.S. 

ABC is the amount available to the U.S. 

fishery after accounting for Canadian 

catch (see Table 3). For stocks without 

Canadian catch, the U.S. ABC is equal 

to the total ABC. 

The OFLs are currently unknown for 

GB cod, GB yellowtail flounder, witch 

flounder, northern windowpane 

flounder, and Atlantic halibut. For 2022, 

the SSC recommended maintaining the 

unknown OFL for GB yellowtail 

flounder and GB cod. Empirical stock 

assessments are used for these five 

stocks, and these assessments can no 

longer provide quantitative estimates of 

the status determination criteria, nor 

were appropriate proxies for stock status 

determination able to be developed. In 

the temporary absence of an OFL, in this 

and previous actions, we have 

considered recent catch data and 

estimated trends in stock biomass as an 

indication that the catch limits derived 

from ABCs are sufficiently managing 

fishing mortality at a rate that is 

preventing overfishing. For GB 

yellowtail flounder, the SSC noted that 

the fishery does not appear to be the 

main driver limiting stock recovery. 

However, the continued low stock 

biomass and poor recruitment for this 

stock warrant the maintenance of low 

catch levels. For GB cod, a majority of 

the SSC accepted the continued use of 

the ‘‘PlanBSmooth’’ approach for setting 

the ABC for GB cod, which results in a 

large decrease (approximately 57 

percent) from the previously set ABC 

value, and a 37-percent decrease from 

the most recent 3-year average catch. 

This large reduction in the ABC for GB 

cod is anticipated to increase the 

probability of stock rebuilding. Based on 

these considerations, we have 

preliminarily determined that these 

ABCs are a sufficient limit for 

preventing overfishing and are 

consistent with the National Standards. 

This action does not propose any 

changes to the status determination 

criteria for these stocks. 

Georges Bank Cod 

The GB cod 2021 management track 

assessment followed the PlanBsmooth 

approach, using updated commercial 

fishery catch data through calendar year 

2020 and updated research survey 

indices of abundance through 2021. 

While this approach does not allow 

biological reference points to be 

calculated, the output of the 

PlanBsmooth approach has been used as 

the basis of catch advice since the 2015 

age-based updated assessment was 

rejected by the peer review. At the 

October 25, 2021, SSC meeting, two 

applications of the PlanBsmooth 

approach were presented. In the first 

method, Plan B was applied with 

missing values for the 2020 spring and 

fall surveys, which were not conducted 

due to impacts of the COVID–19 health 

emergency. In the second method, 

values for the 2020 survey data were 

imputed based on averages of recent 

data. The results of the two methods 

were a slightly different catch multiplier 

(0.611 vs. 0.632, respectively) and 

recommended ABCs (729 mt vs. 754 

mt). While a minority of the SSC 

advocated for an alternative proposal 

that used a ramp-down approach to 

setting the GB cod ABC for 2022–2024, 

the majority of the SSC endorsed the use 

of the PlanBsmooth as the best scientific 

information available on which to set 

catch advice and adopted the use of the 

second method with imputed survey 

data. The SSC recommended a 3-year 

constant ABC of 754 mt, which would 

represent a 57-percent decrease from the 

2021 ABC value. Because a portion of 

the total ABC is allocated to Canada, the 

resulting U.S. ABC of 343 mt would be 

a 74-percent decrease from the 2021 

U.S. ABC. The Council discussed both 

the SSC’s recommendation and the 

opinion presented in the SSC’s minority 

report, and ultimately decided to 

propose the SSC’s recommended ABC of 

754 mt, but for fishing year 2022 only. 

Framework 63 would not set an ABC for 

GB cod for 2023 or beyond, and the 

Council would need to propose an ABC 

in a future action. 

Annual Catch Limits 

Development of Annual Catch Limits 

The U.S. ABC for each stock is 

divided among the various fishery 

components to account for all sources of 

fishing mortality. An estimate of catch 

expected from state waters and the other 

sub-component (e.g., non-groundfish 

fisheries or some recreational 

groundfish fisheries) is deducted from 

the U.S. ABC. The remaining portion of 

the U.S. ABC is distributed to the 

fishery components that receive an 

allocation for the stock. Components of 

the fishery that receive an allocation 

have a sub-ACL set by reducing their 

portion of the ABC to account for 

management uncertainty and are subject 

to accountability measures (AM) if they 

exceed their respective catch limit 

during the fishing year. For GOM cod 

and haddock only, the U.S. ABC is first 

divided between the commercial and 

recreational fisheries, before being 

further divided into sub-components 

and sub-ACLs. This process is described 

fully in Appendix II of the Framework 

63 Environmental Assessment. 

Amendment 23, if approved, could 

remove the management uncertainty 

buffer for sectors, and the Amendment 

23 proposed rule (87 FR 11014; 

February 28, 2022) provides additional 

information regarding the 

implementation of this potential change. 

However, the allocations in Framework 

63 include the management uncertainty 

buffers. 

Sector and Common Pool Allocations 

For stocks allocated to sectors, the 

commercial groundfish sub-ACL is 

further divided into the non-sector 

(common pool) sub-ACL and the sector 

sub-ACL, based on the total vessel 

enrollment in sectors and the 

cumulative potential sector 

contributions (PSC) associated with 

those sectors. The sector and common 

pool sub-ACLs proposed in this action 

are based on preliminary fishing year 

2022 sector rosters. All permits enrolled 

in a sector, and the vessels associated 

with those permits, have until April 30, 

2022, to withdraw from a sector and fish 

in the common pool for the 2022 fishing 

year. In addition to the enrollment 


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delay, all permits that change 

ownership after the roster deadline are 

able to join a sector (or change sector) 

through April 30, 2022. 

Common Pool Total Allowable Catches 

The common pool sub-ACL for each 

allocated stock (except for SNE/MA 

winter flounder) is further divided into 

trimester TACs. Table 7 summarizes the 

common pool trimester TACs proposed 

in this action. 

Incidental catch TACs are also 

specified for certain stocks of concern 

(i.e., stocks that are overfished or subject 

to overfishing) for common pool vessels 

fishing in the special management 

programs (i.e., special access programs 

(SAP) and the Regular B Days-at-Sea 

(DAS) Program), in order to limit the 

catch of these stocks under each 

program. Tables 8 through 11 

summarize the proposed Incidental 

Catch TACs for each stock and the 

distribution of these TACs to each 

special management program. 

TABLE 4—PROPOSED CATCH LIMITS FOR THE 2022 FISHING YEAR

[mt, live weight] 

Stock Total ACL Groundfish 

sub-ACL 

Sector 

sub-ACL 

Common 

pool 

sub-ACL 

Recreational 

sub-ACL 

Midwater 

trawl 

fishery 

Scallop 

fishery 

Smallmesh 

fisheries 

State waters 

sub-component 

Other subcomponent 

A to H A+B+C A B C D E F G H 

GB Cod ................... 330 244 238 6 ........................ ................ ................ .................. 11 75 

GOM Cod ................ 522 462 263 7.4 192 ................ ................ .................. 48 12 

GB Haddock ............ 77,302 75,382 74,090 1,292 ........................ 1,514 ................ .................. 0 406 

GOM Haddock ........ 10,873 10,690 6,922 134 3,634 107 ................ .................. 38 38 

GB Yellowtail Flounder ........................ 118 97 93 4.5 ........................ ................ 19 2.3 0.0 0.0 

SNE/MA Yellowtail 

Flounder ............... 21 16 12 3.2 ........................ ................ 2.0 .................. 0.2 3.3 

CC/GOM Yellowtail 

Flounder ............... 787 692 666 26 ........................ ................ ................ .................. 58 37 

American Plaice ...... 2,687 2,630 2,565 65 ........................ ................ ................ .................. 28 28 

Witch Flounder ........ 1,414 1,317 1,285 33 ........................ ................ ................ .................. 44 52 

GB Winter Flounder 591 563 550 14 ........................ ................ ................ .................. 0 27 

GOM Winter Flounder ........................ 482 281 260 21 ........................ ................ ................ .................. 194 7.5 

SNE/MA Winter 

Flounder ............... 441 288 254 34 ........................ ................ ................ .................. 21 132 

Redfish .................... 9,559 9,559 9,470 89 ........................ ................ ................ .................. 0 0 

White Hake .............. 2,011 1,990 1,971 19 ........................ ................ ................ .................. 11 11 

Pollock ..................... 16,068 14,135 14,028 107 ........................ ................ ................ .................. 1,093 841 

N Windowpane 

Flounder ............... 150 108 na 108 ........................ ................ 31 .................. 0.8 10 

S Windowpane 

Flounder ............... 371 43 na 43 ........................ ................ 129 .................. 23 177 

Ocean Pout ............. 83 50 na 50 ........................ ................ ................ .................. 0 33 

Atlantic Halibut ........ 97 73 na 73 ........................ ................ ................ .................. 20 3.5 

Atlantic Wolffish ....... 86 86 na 86 ........................ ................ ................ .................. 0 0 

na: Not allocated to sectors. 

TABLE 5—PROPOSED CATCH LIMITS FOR THE 2023 FISHING YEAR * 

[mt, live weight] 

Stock Total ACL Groundfish 

sub-ACL 

Sector 

sub-ACL 

Common 

pool 

sub-ACL 

Recreational 

sub-ACL 

Midwater 

trawl 

fishery 

Scallop 

fishery 

Smallmesh 

fisheries 

State waters 

sub-component 

Other subcomponent 

A to H A+B+C A B C D E F G H 

GOM Cod ................ 522 462 263 7.4 192 ................ ................ .................. 48 12 

GB Yellowtail Flounder ........................ 118 97 93 4.5 ........................ ................ 19 2.3 0 0 

GB Winter Flounder 591 563 550 14 ........................ ................ ................ .................. 0 27 

GOM Winter Flounder ........................ 482 281 260 21 ........................ ................ ................ .................. 194 7.5 

SNE/MA Winter 

Flounder ............... 441 288 254 34 ........................ ................ ................ .................. 21 132 

Redfish .................... 9,469 9,469 9,381 88 ........................ ................ ................ .................. 0 0 

N. Windowpane 

Flounder ............... 150 108 na 108 ........................ ................ 31 .................. 0.8 10 

S. Windowpane 

Flounder ............... 371 43 na 43 ........................ ................ 129 .................. 23 177 

Ocean Pout ............. 83 50 na 50 ........................ ................ ................ .................. 0 33 

Atlantic Halibut ........ 97 73 na 73 ........................ ................ ................ .................. 20 3.5 

Atlantic Wolffish ....... 86 86 na 86 ........................ ................ ................ .................. 0 0 

na: Not allocated to sectors. 

* All other Northeast multispecies stocks not included in Table 4 do not have catch limits approved or proposed beyond fishing year 2022. 


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TABLE 6—PROPOSED CATCH LIMITS FOR THE 2024 FISHING YEAR * 

[mt, live weight] 

Stock Total ACL Groundfish 

sub-ACL 

Sector 

sub-ACL 

Common 

pool 

sub-ACL 

Recreational 

sub-ACL 

Midwater 

trawl 

fishery 

Scallop 

fishery 

Smallmesh 

fisheries 

State waters 

sub-component 

Other subcomponent 

A to H A+B+C A B C D E F G H 

GOM Cod ................ 522 462 263 7 192 ................ ................ .................. 48 12 

* Framework 63 only proposes a fishing year 2024 catch limit for GOM cod. 

TABLE 7—PROPOSED FISHING YEARS 2022–2024 COMMON POOL TRIMESTER TACS

[mt, live weight] 

Stock 

2022 2023 2024 

Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 

GB Cod .................................... 1.7 2.1 2.3 .................... .................... .................... .................... .................... ....................

GOM Cod ................................. 3.6 2.4 1.3 3.6 2.4 1.3 3.6 2.4 1.3 

GB Haddock ............................ 348.8 426.3 516.8 .................... .................... .................... .................... .................... ....................

GOM Haddock ......................... 36.2 34.9 63.0 .................... .................... .................... .................... .................... ....................

GB Yellowtail Flounder ............ 0.8 1.3 2.3 0.8 1.3 2.3 .................... .................... ....................

SNE/MA Yellowtail Flounder ... 0.7 0.9 1.6 .................... .................... .................... .................... .................... ....................

CC/GOM Yellowtail Flounder .. 15.0 6.9 4.5 .................... .................... .................... .................... .................... ....................

American Plaice ....................... 48.1 5.2 11.7 .................... .................... .................... .................... .................... ....................

Witch Flounder ......................... 18.0 6.5 8.2 .................... .................... .................... .................... .................... ....................

GB Winter Flounder ................. 1.1 3.3 9.2 1.1 3.3 9.2 .................... .................... ....................

GOM Winter Flounder ............. 7.6 7.8 5.1 7.6 7.8 5.1 .................... .................... ....................

Redfish ..................................... 22.2 27.5 39.1 22.0 27.3 38.7 .................... .................... ....................

White Hake .............................. 7.2 5.9 5.9 .................... .................... .................... .................... .................... ....................

Pollock ..................................... 29.9 37.4 39.6 .................... .................... .................... .................... .................... ....................

TABLE 8—PROPOSED COMMON POOL INCIDENTAL CATCH TACS FOR THE 2022–2024 FISHING YEARS

[mt, live weight] 

Stock 

Percentage of 

common pool 

sub-ACL 

2022 2023 2024 

GB Cod ............................................................................................................ 1.68 0.10 ........................ ........................

GOM Cod ......................................................................................................... 1 0.07 0.07 0.07 

GB Yellowtail Flounder .................................................................................... 2 0.09 0.9 ........................

CC/GOM Yellowtail Flounder ........................................................................... 1 0.26 ........................ ........................

American Plaice ............................................................................................... 5 3.25 ........................ ........................

Witch Flounder ................................................................................................. 5 1.63 ........................ ........................

SNE/MA Winter Flounder ................................................................................ 1 0.34 0.34 ........................

TABLE 9—PERCENTAGE OF INCIDENTAL CATCH TACS DISTRIBUTED TO EACH SPECIAL MANAGEMENT PROGRAM

Stock 

Regular B 

DAS program 

(percent) 

Eastern U.S./ 

CA haddock 

SAP 

(percent) 

GB Cod .................................................................................................................................................................... 60 40 

GOM Cod ................................................................................................................................................................. 100 n/a 

GB Yellowtail Flounder ............................................................................................................................................ 50 50 

CC/GOM Yellowtail Flounder .................................................................................................................................. 100 n/a 

American Plaice ....................................................................................................................................................... 100 n/a 

Witch Flounder ......................................................................................................................................................... 100 n/a 

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

na: Not allocated to sectors. 

TABLE 10—PROPOSED FISHING YEARS 2022–2024 INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT

PROGRAM

[mt, live weight] 

Stock 

Regular B DAS program Eastern U.S./Canada haddock SAP 

2022 2023 2024 2022 2023 2024 

GB Cod .................................................... 0.06 ........................ ........................ 0.04 ........................ ........................

GOM Cod ................................................. 0.07 0.07 0.07 n/a n/a n/a 

GB Yellowtail Flounder ............................ 0.04 0.04 ........................ 0.04 0.04 ........................


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TABLE 10—PROPOSED FISHING YEARS 2022–2024 INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT

PROGRAM—Continued 

[mt, live weight] 

Stock 

Regular B DAS program Eastern U.S./Canada haddock SAP 

2022 2023 2024 2022 2023 2024 

CC/GOM Yellowtail Flounder ................... 0.26 ........................ ........................ n/a n/a n/a 

American Plaice ....................................... 3.25 ........................ ........................ n/a n/a n/a 

Witch Flounder ......................................... 1.63 ........................ ........................ n/a n/a n/a 

SNE/MA Winter Flounder ........................ 0.34 0.34 ........................ n/a n/a n/a 

na: Not allocated to sectors. 

TABLE 11—PROPOSED FISHING YEARS 2022–2024 REGULAR B DAS PROGRAM QUARTERLY INCIDENTAL CATCH TACS

[mt, live weight] 

Stock 

2022 2023 2024 

1st 

quarter 

(13 

percent) 

2nd 

quarter 

(29 

percent) 

3rd 

quarter 

(29 

percent) 

4th 

quarter 

(29 

percent) 

1st 

quarter 

(13 

percent) 

2nd 

quarter 

(29 

percent) 

3rd 

quarter 

(29 

percent) 

4th 

quarter 

(29 

percent) 

1st 

quarter 

(13 

percent) 

2nd 

quarter 

(29 

percent) 

3rd 

quarter 

(29 

percent) 

4th 

quarter 

(29 

percent) 

GB Cod ............. 0.01 0.02 0.02 0.02 ................ ................ ................ ................ ................ ................ ................ ................

GOM Cod .......... 0.01 0.02 0.02 0.02 0.01 0.02 0.02 0.02 0.01 0.02 0.02 0.02 

GB Yellowtail 

Flounder ......... 0.006 0.013 0.013 0.013 0.01 0.01 0.01 0.01 ................ ................ ................ ................

CC/GOM 

Yellowtail 

Flounder ......... 0.03 0.08 0.08 0.08 ................ ................ ................ ................ ................ ................ ................ ................

American Plaice 0.42 0.94 0.94 0.94 ................ ................ ................ ................ ................ ................ ................ ................

Witch Flounder .. 0.21 0.47 0.47 0.47 ................ ................ ................ ................ ................ ................ ................ ................

SNE/MA Winter 

Flounder ......... 0.04 0.10 0.10 0.10 0.04 0.10 0.10 0.10 ................ ................ ................ ................

Recreational Fishery Measures 

The recreational fishery harvests GB 

cod, but there is no allocation to the 

recreational sector. A portion of the 

ABC is set aside for the catch in state 

waters (including both commercial and 

recreational vessels) and catch in 

Federal waters by other fisheries 

(including non-groundfish commercial 

vessels and recreational groundfish 

vessels). There are no AMs for the GB 

cod recreational fishery; an overage to 

the ACL, even if it results from catch by 

the recreational fishery, is paid back 

(pound-for-pound) by the commercial 

groundfish fishery. 

Given the proposed reduction in the 

GB cod ABC, the Council has proposed 

setting a new GB cod recreational catch 

target of 75 mt, which would replace the 

current catch target of 138 mt. The 

Council used this catch target to set the 

proposed values of the state and other 

sub-components (see Appendix II of the 

EA). 

Framework 63 would also adjust the 

current recreational measures for GB 

cod, in order to reduce mortality to stay 

below the GB cod recreational catch 

target. Combined with the reduction in 

catch target, these measures were 

developed to reduce mortality on GB 

cod and allow for the promotion of GB 

cod stock rebuilding. These measures 

would apply to both private and for-hire 

recreational vessels, and would remain 

in place unless modified. Table 12 

shows the current and proposed GB cod 

recreational measures. 

TABLE 12—CURRENT AND PROPOSED GEORGES BANK COD RECREATIONAL MANAGEMENT MEASURES

Current Proposed 

Minimum Size ........................................................................................................... 21 in (53.3 cm) .......................... 22 in (55.9 cm). 

Maximum Size .......................................................................................................... None .......................................... 28 in (71.1 cm). 

Possession Limit ....................................................................................................... 10 fish per person per day ........ 5 fish per person per day. 

Closed Season ......................................................................................................... None .......................................... May 1 through July 31. 

Open Season ............................................................................................................ All year ...................................... August 1 through April 30. 

Past data show that setting a 

possession limit, increasing minimum 

size, and establishing a closed season 

are effective techniques for reducing 

recreational catch. While less common, 

a maximum size limit (often referred to 

as a ‘‘slot limit’’ when coupled with a 

minimum size) can also increase the 

chance that large fish, which are more 

likely successful spawners, are released 

alive and are able to continue to spawn. 

Based on data from recent fishing years, 

it is estimated that the proposed 

measures would result in approximately 

60 mt of catch. Given the variability in 

MRIP data and the lack of a 

bioeconomic model for GB cod to 

evaluate the potential behavioral effects 

of the proposed measures, there is 

uncertainty about the accuracy of that 

estimate for any given year. 

To help prevent future overages of the 

GB cod ACL, Framework 63 proposes to 

grant the Regional Administrator 

authority to set recreational measures 

for fishing years 2023 and 2024 to 

prevent the catch target from being 

exceeded. After consultation with the 

Council, we would make any changes to 


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Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / Proposed Rules 23489 

recreational measures consistent with 

the Administrative Procedure Act. 

Default Specifications Process 

Framework 53 (80 FR 25110; May 1, 

2015) established a mechanism for 

setting default catch limits in the event 

a future management action is delayed. 

If final catch limits have not been 

implemented by the start of a fishing 

year on May 1, then default catch limits 

are set at 35 percent of the previous 

year’s catch limit, effective until July 31 

of that fishing year, or when replaced by 

new catch limits, whichever happens 

first. 

Framework 63 proposes to modify the 

default specifications process to 

increase the default limits to 75 percent 

of the previous year’s catch limit, and 

extend the effective date through 

October 31 of that fishing year, or when 

replaced by new catch limits, whichever 

happens first. As implemented by 

Framework 53, if the default value is 

higher than the Council’s recommended 

catch limit for the upcoming fishing 

year, the default catch limits will be 

equal to the Council’s recommended 

catch limits for the applicable stocks for 

the upcoming fishing year. 

Additionally, there is no proposed 

change to the sector holdback provision. 

When specifications are in place at the 

start of the fishing year, a portion of 

each groundfish sector’s quota is not 

allocated to the sector while NMFS 

determines whether overages or other 

catch accounting issues occurred in the 

prior fishing year. Under the sector 

holdback provision, if a default catch 

limit is in place, sectors would not be 

subject to holdback at the beginning of 

the fishing year. As part of the proposed 

changes to the default specifications 

process, the Council recommended 

setting a second year TAC for eastern 

GB cod and haddock, with the 

expectation on that these would be 

replaced as a result of the annual TMGC 

process. This is more fully described in 

Fishing Years 2022 and 2023 Shared 

U.S./Canada Quotas. 

Because most groundfish vessels are 

not able to fish if final catch limits have 

not been implemented, this measure 

was originally established to allow 

fishing to continue for a short interim 

period to minimize disruption to the 

groundfish fishery. The proposed 

modifications would particularly benefit 

seasonal fisheries that primarily operate 

in the early part of the fishing year, 

which would have access to a greater 

portion of their quota, while still 

ensuring that overfishing will not occur. 

In recent years, various factors have led 

to the groundfish framework actions not 

being implemented until close to the 

end of the current default period, and 

the potential for the catch limits to 

expire before new catch limits are set 

has led to disruptions and uncertainty 

for the industry. The addition of 3 

months to the current expiration date of 

default specifications (October 31 vs 

July 31) retains a timeline for 

rulemaking while reducing the 

likelihood of having specifications for 

groundfish stocks expire. However, both 

the Council and NMFS intend for the 

annual specifications to be in place at, 

or as close as possible to, the start of the 

fishing year (May 1) each year. 

Regulatory Corrections Under 

Secretarial Authority 

Framework 63 would reinstate the 

possession limit for the northern red 

hake stock, specified at 

§ 648.86(d)(1)(vi), under our authority 

described in section 305(d) of the 

Magnuson-Stevens Act. Red hake is 

considered a small-mesh multispecies 

along with silver and offshore hake. 

Small-mesh multispecies are included 

as a part of the FMP; however, because 

the fishery is conducted with much 

smaller mesh it is managed separately 

from other regulated NE multispecies 

through distinct actions specific to the 

small-mesh fishery. The 2015–2018 

Small-Mesh Multispecies Specifications 

(80 FR 30379; May 28, 2015) reduced 

the possession limit of the northern red 

hake stock from 5,000 lb (2,268 kg) to 

3,000 lb (1,361 kg) based on an 

approved Council recommendation. The 

possession limit for the northern red 

hake stock remains unchanged at 3,000 

lb (1,361 kg) and Framework 63 would 

reinstate the possession limit that was 

inadvertently deleted through a prior 

rulemaking. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has made a 

preliminary determination that this 

proposed rule is consistent with 

Framework 63, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. In 

making the final determination, we will 

consider the data, views, and comments 

received during the public comment 

period. 

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 for this 

proposed rule, as required by section 

603 of the Regulatory Flexibility Act, 5 

U.S.C. 603. The IRFA describes the 

economic impact that this proposed rule 

would have on small entities, including 

small businesses, and also determines 

ways to minimize these impacts. The 

IRFA includes this section of the 

preamble to this rule and analyses 

contained in Framework 63 and its 

accompanying EA/RIR/IRFA. A copy of 

the full analysis is available from the 

Council (see ADDRESSES). A summary of 

the IRFA follows. 

Description of the Reasons Why Action 

by the Agency Is Being Considered and 

Statement of the Objectives of, and 

Legal Basis for, This Proposed Rule 

This action proposes management 

measures, including annual catch limits, 

for the multispecies fishery in order to 

prevent overfishing, rebuild overfished 

groundfish stocks, and achieve optimum 

yield in the fishery. A complete 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained in Framework 63, 

and elsewhere in the preamble to this 

proposed rule, and are not repeated 

here. 

Description and Estimate of the Number 

of Small Entities to Which This 

Proposed Rule Would Apply 

The proposed rule would impact the 

recreational groundfish, Atlantic sea 

scallop, small mesh multispecies, 

Atlantic herring, and large-mesh nongroundfish fisheries. Individuallypermitted vessels may hold permits for 

several fisheries, harvesting species of 

fish that are regulated by several 

different FMPs, even beyond those 

impacted by the proposed action. 

Furthermore, multiple-permitted vessels 

and/or permits may be owned by 

entities affiliated by stock ownership, 

common management, identity of 

interest, contractual relationships, or 

economic dependency. For the purposes 

of the Regulatory Flexibility Act 

analysis, the ownership entities, not the 

individual vessels, are considered to be 

the regulated entities. 

As of June 1, 2021, NMFS had issued 

721 commercial limited-access 

groundfish permits associated with 

vessels (including those in confirmation 

of permit history, CPH), 649 party/ 

charter groundfish permits, 705 limited 

access and general category Atlantic sea 

scallop permits, 734 small-mesh 

multispecies permits, 80 Atlantic 

herring permits, and 802 large-mesh 

non-groundfish permits (limited access 

summer flounder and scup permits). 


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Therefore, this action potentially 

regulates 3,691 permits. When 

accounting for overlaps between 

fisheries, this number falls to 2,126 

permitted vessels. Each vessel may be 

individually owned or part of a larger 

corporate ownership structure, and for 

RFA purposes, it is the ownership entity 

that is ultimately regulated by the 

proposed action. Ownership entities are 

identified on June 1st of each year based 

on the list of all permit numbers, for the 

most recent complete calendar year, that 

have applied for any type of Greater 

Atlantic Federal fishing permit. The 

current ownership data set is based on 

calendar year 2020 permits and contains 

gross sales associated with those 

permits for calendar years 2018 through 

2020. 

For RFA purposes only, NMFS has 

established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (NAICS code 11411) 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual receipts not in excess 

of $11 million for all its affiliated 

operations worldwide. The 

determination as to whether the entity 

is large or small is based on the average 

annual revenue for the three years from 

2018 through 2020. The Small Business 

Administration (SBA) has established 

size standards for all other major 

industry sectors in the U.S., including 

for-hire fishing (NAICS code 487210). 

These entities are classified as small 

businesses if combined annual receipts 

are not in excess of $8.0 million for all 

its affiliated operations. As with 

commercial fishing businesses, the 

annual average of the three most recent 

years (2018–2020) is utilized in 

determining annual receipts for 

businesses primarily engaged in for-hire 

fishing. 

Based on the ownership data, 1,696 

distinct business entities hold at least 

one permit that the proposed action 

potentially regulates. All 1,696 business 

entities identified could be directly 

regulated by this proposed action. Of 

these 1,696 entities, 976 are commercial 

fishing entities, 281 are for-hire entities, 

and 439 did not have revenues (were 

inactive in 2020). Of the 976 

commercial fishing entities, 967 are 

categorized as small entities and 9 are 

categorized as large entities, per the 

NMFS guidelines. Furthermore, 579 of 

these commercial fishing entities held 

limited access groundfish permits, with 

577 of these entities being classified as 

small businesses and 2 of these entities 

being classified as large businesses. All 

281 for-hire entities are categorized as 

small businesses. 

Description of the Projected Reporting, 

Record-Keeping, and Other Compliance 

Requirements of This Proposed Rule 

The proposed action does not contain 

any new collection-of-information 

requirements under the Paperwork 

Reduction Act (PRA). 

Federal Rules Which May Duplicate, 

Overlap, or Conflict With This Proposed 

Rule 

The proposed action does not 

duplicate, overlap, or conflict with any 

other Federal rules. 

Description of Significant Alternatives 

to the Proposed Action Which 

Accomplish the Stated Objectives of 

Applicable Statutes and Which 

Minimize Any Significant Economic 

Impact on Small Entities 

The economic impacts of each 

proposed measure are discussed in more 

detail in sections 6.5 and 7.12 of the 

Framework 63 Environmental 

Assessment and are not repeated here. 

For the updated groundfish 

specifications and adjustments to the 

GB cod recreational measures, the No 

Action alternative was the only other 

alternative considered by the Council. 

There are no significant alternatives that 

would minimize the economic impacts. 

The proposed action is predicted to 

generate $73.3 million in gross revenues 

on the sector portion of the commercial 

groundfish trips, which is $2.2 million 

less than No Action, but falls within the 

recent historical range. Small entities 

engaged in common pool groundfish 

fishing may be negatively impacted by 

the proposed action as well. Likewise, 

small entities engaged in the 

recreational groundfish fishery are also 

likely to be negatively impacted. These 

negative impacts for both commercial 

and recreational groundfish entities are 

driven primarily by a substantial 

decline in the ACL for GB cod for 

fishing year 2022. While this decline is 

expected to result in short-term negative 

impacts, decreased GB cod catch in 

fishing year 2022 is expected to yield 

long-term positive impacts through 

stock rebuilding. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping, 

and reporting requirements. 

Dated: April 13, 2022. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons stated in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.14, revise paragraph 

(k)(16)(v) to read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(k) * * * 

(16) * * * 

(v) Size limits. If fishing under the 

recreational or charter/party regulations, 

possess regulated species or ocean pout 

that are smaller than the minimum fish 

sizes or larger than maximum fish sizes 

specified in § 648.89(b)(1) and (b)(3). 

* * * * * 

■ 3. In § 648.86 add paragraph (d)(1)(vi) 

to read as follows: 

§ 648.86 NE Multispecies possession 

restrictions. 

* * * * * 

(d) * * * 

(1) * * * 

(vi) Possession of northern red hake. 

Vessels participating in the small-mesh 

multispecies fishery and fishing on the 

northern red hake stock, defined as 

statistical areas 464–465, 467, 511–515, 

521–522, and 561, may possess and land 

no more than 3,000 lb 91,361 kg) of red 

hake when fishing in the GOM/GB 

Exemption area, as described in 

§ 648.80(a)(17). 

* * * * * 

■ 4. Amend § 648.89 by revising 

paragraph (b) introductory text, 

paragraphs (b)(1), Table 2 to paragraph 

(c), Table 3 to paragraph (c), and (g), to 

read as follows: 

§ 648.89 Recreational and charter/party 

vessel restrictions. 

* * * * * 

(b) Recreational minimum and 

maximum fish sizes— 

(1) Minimum and maximum 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 may 


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not possess fish in or from the EEZ that 

are smaller than the minimum fish sizes 

or larger than the maximum fish sizes, 

measured in total length, as follows: 

TABLE 1 TO PARAGRAPH (b)(1) 

Species 

Minimum size Maximum size 

Inches cm Inches cm 

Cod: 

Inside GOM Regulated Mesh Area 1 ........................................................ 21 53.3 N/A N/A 

Outside GOM Regulated Mesh Area 1 ..................................................... 22 55.9 28 71.1 

Haddock: 

Inside GOM Regulated Mesh Area 1 ........................................................ 17 43.2 N/A N/A 

Outside GOM Regulated Mesh Area 1 ..................................................... 18 45.7 N/A N/A 

Pollock ............................................................................................................. 19 48.3 N/A N/A 

Witch Flounder (gray sole) .............................................................................. 14 35.6 N/A N/A 

Yellowtail Flounder .......................................................................................... 13 33.0 N/A N/A 

American Plaice (dab) ..................................................................................... 14 35.6 N/A N/A 

Atlantic Halibut ................................................................................................. 41 104.1 N/A N/A 

Winter Flounder (black back) ........................................................................... 12 30.5 N/A N/A 

Redfish ............................................................................................................. 9 22.9 N/A N/A 

1GOM Regulated Mesh Area specified in § 648.80(a). 

* * * * * 

(c) * * * 

(1) * * * 

(i) * * * 

TABLE 2 TO PARAGRAPH (c) 

Stock Open season Possession limit Closed season 

GB Cod .................................................. August 1–April 30 ................................. 5 ............................ May 1–July 31. 

GOM Cod .............................................. September 15–30, April 1–14 ............... 1 ............................ April 15–September 14, October 1– 

March 31. 

GB Haddock .......................................... All Year ................................................. Unlimited ............... N/A. 

GOM Haddock ....................................... May 1–February 28 (or 29), April 1–30 15 .......................... March 1–March 31. 

GB Yellowtail Flounder .......................... All Year ................................................. Unlimited ............... N/A. 

SNE/MA Yellowtail Flounder ................. All Year ................................................. Unlimited ............... N/A. 

CC/GOM Yellowtail Flounder ................ All Year ................................................. Unlimited ............... N/A.

American Plaice .................................... All Year ................................................. Unlimited ............... N/A. 

Witch Flounder ...................................... All Year ................................................. Unlimited ............... N/A. 

GB Winter Flounder .............................. All Year ................................................. Unlimited ............... N/A. 

GOM Winter Flounder ........................... All Year ................................................. Unlimited ............... N/A. 

SNE/MA Winter Flounder ...................... All Year ................................................. Unlimited ............... N/A. 

Redfish .................................................. All Year ................................................. Unlimited ............... N/A. 

White Hake ............................................ All Year ................................................. Unlimited ............... N/A. 

Pollock ................................................... All Year ................................................. Unlimited ............... N/A. 

N Windowpane Flounder ....................... Closed ................................................... No retention .......... All Year. 

S Windowpane Flounder ....................... Closed ................................................... No retention .......... All Year. 

Ocean Pout ........................................... Closed ................................................... No retention .......... All Year. 

Atlantic Halibut ...................................... See paragraph (c)(3) of this section.

Atlantic Wolffish ..................................... Closed ................................................... No retention .......... All Year. 

* * * * * (2) * * * 

TABLE 3 TO PARAGRAPH (c) 

Species Open season Possession limit Closed season 

GB Cod .................................................. August 1–April 30 ................................. 5 ............................ May 1–July 31. 

GOM Cod .............................................. September 8–October 7, April 1–14 ..... 1 ............................ April 15–September 7, October 8– 

March 31. 

GB Haddock .......................................... All Year ................................................. Unlimited ............... N/A. 

GOM Haddock ....................................... May 1–February 28 (or 29), April 1–30 15 .......................... March 1–March 31. 

GB Yellowtail Flounder .......................... All Year ................................................. Unlimited ............... N/A. 

SNE/MA Yellowtail Flounder ................. All Year ................................................. Unlimited ............... N/A. 

CC/GOM Yellowtail Flounder ................ All Year ................................................. Unlimited ............... N/A.

American Plaice .................................... All Year ................................................. Unlimited ............... N/A. 

Witch Flounder ...................................... All Year ................................................. Unlimited ............... N/A. 

GB Winter Flounder .............................. All Year ................................................. Unlimited ............... N/A. 

GOM Winter Flounder ........................... All Year ................................................. Unlimited ............... N/A. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
23492 Federal Register / Vol. 87, No. 76 / Wednesday, April 20, 2022 / Proposed Rules 

TABLE 3 TO PARAGRAPH (c)—Continued 

Species Open season Possession limit Closed season 

SNE/MA Winter Flounder ...................... All Year ................................................. Unlimited ............... N/A. 

Redfish .................................................. All Year ................................................. Unlimited ............... N/A. 

White Hake ............................................ All Year ................................................. Unlimited ............... N/A. 

Pollock ................................................... All Year ................................................. Unlimited ............... N/A. 

N Windowpane Flounder ....................... Closed ................................................... No retention .......... All Year. 

S Windowpane Flounder ....................... Closed ................................................... No retention .......... All Year. 

Ocean Pout ........................................... Closed ................................................... No retention .......... All Year. 

Atlantic Halibut ...................................... See Paragraph (c)(3) of this section.

Atlantic Wolffish ..................................... Closed ................................................... No retention .......... All Year. 

* * * * * 

(g) Regional Administrator authority 

for Georges Bank cod recreational 

measures. For the 2023 and 2024 fishing 

years, the Regional Administrator, after 

consultation with the NEFMC, may 

adjust recreational measures for Georges 

Bank cod to prevent the recreational 

fishery from exceeding the annual catch 

target as determined by the NEFMC. 

Appropriate measures, including 

adjustments to fishing seasons, 

minimum fish sizes, or possession 

limits, may be implemented in a manner 

consistent with the Administrative 

Procedure Act, with the final measures 

published in the Federal Register prior 

to the start of the fishing year when 

possible. Separate measures may be 

implemented for the private and 

charter/party components of the 

recreational fishery. Measures in place 

in fishing year 2024 will be in effect 

beginning in fishing year 2025, and will 

remain in effect until they are changed 

by a Framework Adjustment or 

Amendment to the FMP, or through an 

emergency action. 

* * * * * 

■ 5. In § 648.90, revise paragraph 

(a)(3)(i) and paragraph (a)(4)(i) 

introductory text to read as follows: 

§ 648.90 NE multispecies assessment, 

framework procedures and specifications, 

and flexible area action system. 

* * * * * 

(a) * * * 

(3) * * * 

(i) Unless otherwise specified in this 

paragraph (a)(3), if final specifications 

are not published in the Federal 

Register for the start of a fishing year, 

as outlined in paragraph (a)(4) of this 

section, specifications for that fishing 

year shall be set at 75 percent of the 

previous year’s specifications for each 

NE multispecies stock, including the 

U.S./Canada shared resources, for the 

period of time beginning on May 1 and 

ending on October 31, unless 

superseded by the final rule 

implementing the current year’s 

specifications. 

* * * * * 

(4) * * * 

(i) ABC/ACL recommendations. As 

described in this paragraph (a)(4), with 

the exception of stocks managed by the 

Understanding, the PDT shall develop 

recommendations for setting an ABC, 

ACL, and OFL for each NE multispecies 

stock for each of the next 3 years as part 

of the biennial review process specified 

in paragraph (a)(2) of this section. ACLs 

can also be specified based upon 

updated information in the annual 

SAFE report, as described in paragraph 

(a)(1) of this section, and other available 

information as part of a specification 

package, as described in paragraph (a)(6) 

of this section. For NE multispecies 

stocks or stock components managed 

under both the NE Multispecies FMP 

and the Understanding, the PDT shall 

develop recommendations for ABCs, 

ACLs, and OFLs for the pertinent stock 

or stock components for each of the next 

2 years as part of the annual process 

described in this paragraph (a)(4) and 

§ 648.85(a)(2). 

* * * * * 

[FR Doc. 2022–08314 Filed 4–19–22; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS