[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Rules and Regulations]
[Pages 42375-42390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15065]



[[Page 42375]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220711-0151]
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: Final rule.

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

SUMMARY: This action approves and implements Framework Adjustment 63 to 
the Northeast Multispecies Fishery Management Plan. This rule sets or 
adjusts catch limits for 5 of the 20 multispecies (groundfish) stocks, 
adjusts recreational measures for Georges Bank cod, and revises 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 final 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: Effective July 15, 2022.

ADDRESSES: 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: http://www.nefmc.org/management-plans/northeast-multispecies or http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Policy Analyst, 
phone: 978-282-8493; email: <a href="/cdn-cgi/l/email-protection#e0ac899aceb3958c8c8996818ea08e8f8181ce878f96"><span class="__cf_email__" data-cfemail="3d715447136e485151544b5c537d53525c5c135a524b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Summary of Approved Measures

    The New England Fishery Management Council adopted Framework 
Adjustment 63 to the Northeast Multispecies Fishery Management Plan 
(FMP) on December 8, 2021. The Council submitted Framework 63, 
including an EA, for NMFS approval on March 28, 2022. We published a 
proposed rule for Framework 63 on April 20, 2022 (87 FR 23482), with a 
15-day comment period that closed on May 5, 2022.
    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 have approved all of the measures 
in Framework 63 recommended by the Council, as described below. The 
measures implemented in this final rule:
    <bullet> Set shared U.S./Canada quotas for Georges Bank (GB) 
yellowtail flounder and eastern GB cod and haddock for fishing years 
2022 and 2023;
    <bullet> 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);
    <bullet> Adjust recreational measures for GB cod;
    <bullet> Modify the regulatory process for the Regional 
Administrator to adjust recreational measures for GB cod to apply to 
the 2023 and 2024 fishing years, and;
    <bullet> Modify the current process for default specifications.
    This action also makes regulatory corrections that are not part of 
Framework 63, but that are implemented under our section 305(d) 
authority in the Magnuson-Stevens Act to make changes necessary to 
carry out the FMP. We are making these corrections in conjunction with 
the Framework 63 measures for expediency purposes. These 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

    As described in the proposed rule, eastern GB cod, eastern GB 
haddock, and GB yellowtail flounder are jointly managed with Canada 
under the United States/Canada Resource Sharing Understanding. This 
action adopts shared U.S./Canada quotas for these stocks for fishing 
year 2022 based on 2021 assessments and the recommendations of the 
Transboundary Management Guidance Committee (TMGC) and consistent with 
the Council's Scientific and Statistical Committee (SSC) 
recommendations. Framework 63 sets 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 2022 and 2023 
shared U.S./Canada quotas, and each country's allocation, are listed in 
Table 1.

Table 1--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 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. Based on preliminary data 
through April 27, 2022, the U.S. fishery did not exceed its 2021 
fishing year quota for any of the shared stocks. However, if final 
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 an adjustment 
action, as soon as possible in the 2022 fishing year. If any fishery 
that

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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 Catch Limits

    This rule adopts 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, which is the amount available to the U.S. 
fishery after accounting for Canadian catch, to reflect the 2022 TMGC 
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. The catch limits implemented in this action, including 
overfishing limits (OFL), acceptable biological catches (ABC), and 
annual catch limits (ACL), are listed in Tables 2 through 10. A summary 
of how these catch limits were developed, including the distribution to 
the various fishery components, was provided in the proposed rule and 
in Appendix II (Calculation of Northeast Multispecies Annual Catch 
Limits, FY 2022-FY 2024) to the EA, and is not repeated here. The 
sector and common pool sub-ACLs implemented in this action are based on 
fishing year 2022 potential sector contributions (PSC) and final 
fishing year 2022 sector rosters.

                                  Table 2--Fishing Years 2022-2024 Overfishing Limits and Acceptable Biological Catches
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       2022                                            2023                            2024
                  Stock                  -------------------------------- Percent change ---------------------------------------------------------------
                                                OFL          U.S. ABC        from 2021          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.


                                                                         Table 3--Catch Limits for the 2022 Fishing Year
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Common                    Midwater               Small-
                             Stock                               Total ACL   Groundfish   Sector   pool sub-   Recreational     trawl     Scallop      mesh       State waters      Other sub-
                                                                              sub-ACL     sub-ACL     ACL         sub-ACL      fishery    fishery    fisheries   sub-component      component
                                                                    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       261        8.8             192  .........  .........  ..........               48               12
GB Haddock....................................................      77,302       75,382    74,375      1,007  ..............      1,514  .........  ..........                0              406
GOM Haddock...................................................      10,873       10,690     6,915        141           3,634        107  .........  ..........               38               38
GB Yellowtail Flounder........................................         118           97        94        3.0  ..............  .........         19         2.3              0.0              0.0
SNE/MA Yellowtail Flounder....................................          21           16        12        3.4  ..............  .........        2.0  ..........              0.2              3.3
CC/GOM Yellowtail Flounder....................................         787          692       661         31  ..............  .........  .........  ..........               58               37
American Plaice...............................................       2,687        2,630     2,566         64  ..............  .........  .........  ..........               28               28

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Witch Flounder................................................       1,414        1,317     1,277         40  ..............  .........  .........  ..........               44               52
GB Winter Flounder............................................         591          563       551         12  ..............  .........  .........  ..........                0               27
GOM Winter Flounder...........................................         482          281       259         22  ..............  .........  .........  ..........              194              7.5
SNE/MA Winter Flounder........................................         441          288       250         38  ..............  .........  .........  ..........               21              132
Redfish.......................................................       9,559        9,559     9,459        100  ..............  .........  .........  ..........                0                0
White Hake....................................................       2,011        1,990     1,970         20  ..............  .........  .........  ..........               11               11
Pollock.......................................................      16,068       14,135    14,020        115  ..............  .........  .........  ..........            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 4--Catch Limits for the 2023 Fishing Year *
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Common                    Midwater               Small-
                             Stock                               Total ACL   Groundfish   Sector   pool sub-   Recreational     trawl     Scallop      mesh       State waters      Other sub-
                                                                              sub-ACL     sub-ACL     ACL         sub-ACL      fishery    fishery    fisheries   sub-component      component
                                                                    A to H        A+B+C         A          B               C          D          E           F                G                H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Cod.......................................................         522          462       261        8.8             192  .........  .........  ..........               48               12
GB Yellowtail Flounder........................................         118           97        94        3.0  ..............  .........         19         2.3                0                0
GB Winter Flounder............................................         591          563       551         12  ..............  .........  .........  ..........                0               27
GOM Winter Flounder...........................................         482          281       259         22  ..............  .........  .........  ..........              194              7.5
SNE/MA Winter Flounder........................................         441          288       250         38  ..............  .........  .........  ..........               21              132
Redfish.......................................................       9,469        9,469     9,370         99  ..............  .........  .........  ..........                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 beyond fishing year 2022.


                                                                        Table 5--Catch Limits for the 2024 Fishing Year *
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Common                    Midwater               Small-
                             Stock                               Total ACL   Groundfish   Sector   pool sub-   Recreational     trawl     Scallop      mesh       State waters      Other sub-
                                                                              sub-ACL     sub-ACL     ACL         sub-ACL      fishery    fishery    isheries    sub-component      component
                                                                    A to H        A+B+C         A          B               C          D          E           F                G                H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Cod.......................................................         522          462       261          9             192  .........  .........  ..........               48               12
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Framework 63 sets a fishing year 2024 catch limit for GOM cod only.


                                               Table 6--Fishing Years 2022-2024 Common Pool Trimester TACs
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    2022                                    2023                                    2024
              Stock               ----------------------------------------------------------------------------------------------------------------------
                                   Trimester 1  Trimester 2   Trimester 3  Trimester 1  Trimester 2   Trimester 3  Trimester 1  Trimester 2  Trimester 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod...........................          1.8          2.1          2.4   ...........  ...........  ............  ...........  ...........  ...........
GOM Cod..........................          4.3          2.9          1.6           4.3          2.9          1.6           4.3          2.9          1.6
GB Haddock.......................        271.8        332.3        402.7   ...........  ...........  ............  ...........  ...........  ...........
GOM Haddock......................         38.0         36.6         66.2   ...........  ...........  ............  ...........  ...........  ...........
GB Yellowtail Flounder...........          0.6          0.9          1.5           0.6          0.9          1.5   ...........  ...........  ...........
SNE/MA Yellowtail Flounder.......          0.7          1.0          1.7   ...........  ...........  ............  ...........  ...........  ...........
CC/GOM Yellowtail Flounder.......         17.8          8.1          5.3   ...........  ...........  ............  ...........  ...........  ...........
American Plaice..................         47.3          5.1         11.5   ...........  ...........  ............  ...........  ...........  ...........

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Witch Flounder...................         21.9          8.0         10.0   ...........  ...........  ............  ...........  ...........  ...........
GB Winter Flounder...............          1.0          2.9          8.2           1.0          2.9          8.2   ...........  ...........  ...........
GOM Winter Flounder..............          8.0          8.2          5.4           8.0          8.2          5.4   ...........  ...........  ...........
Redfish..........................         24.9         30.9         43.8          24.7         30.6         43.4   ...........  ...........  ...........
White Hake.......................          7.6          6.2          6.2   ...........  ...........  ............  ...........  ...........  ...........
Pollock..........................         32.1         40.1         42.4   ...........  ...........  ............  ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------


                   Table 7--Common Pool Incidental Catch TACs for the 2022-2024 Fishing Years
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                                  Percentage of
                     Stock                       common pool sub-      2022            2023            2024
                                                       ACL
----------------------------------------------------------------------------------------------------------------
GB Cod.........................................             1.68            0.11  ..............  ..............
GOM Cod........................................                1            0.09            0.09            0.09
GB Yellowtail Flounder.........................                2            0.06            0.06  ..............
CC/GOM Yellowtail Flounder.....................                1            0.31  ..............  ..............
American Plaice................................                5            3.20  ..............  ..............
Witch Flounder.................................                5            1.99  ..............  ..............
SNE/MA Winter Flounder.........................                1            0.38            0.38  ..............
----------------------------------------------------------------------------------------------------------------


Table 8--Percentage of Incidental Catch TACs Distributed to Each Special
                           Management Program
------------------------------------------------------------------------
                                           Regular B DAS   Eastern U.S./
                  Stock                       program     CA haddock SAP
                                             (percent)       (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
------------------------------------------------------------------------


           Table 9--Fishing Years 2022-2024 Incidental Catch TACs for Each Special Management Program
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                            Regular B DAS program             Eastern U.S./Canada haddock SAP
              Stock               ------------------------------------------------------------------------------
                                       2022         2023         2024          2022         2023         2024
----------------------------------------------------------------------------------------------------------------
GB Cod...........................         0.06  ...........  ............         0.04  ...........  ...........
GOM Cod..........................         0.09         0.09         0.09           n/a          n/a          n/a
GB Yellowtail Flounder...........         0.03         0.03  ............         0.03         0.03  ...........
CC/GOM Yellowtail Flounder.......         0.31  ...........  ............          n/a          n/a          n/a
American Plaice..................         3.20  ...........  ............          n/a          n/a          n/a
Witch Flounder...................         1.99  ...........  ............          n/a          n/a          n/a
SNE/MA Winter Flounder...........         0.38         0.38  ............          n/a          n/a          n/a
----------------------------------------------------------------------------------------------------------------


                                 Table 10--Fishing Years 2022-2024 Regular B DAS Program Quarterly Incidental Catch TACs
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  2022                                     2023                                    2024
                               -------------------------------------------------------------------------------------------------------------------------
                                   1st       2nd       3rd       4th        1st       2nd       3rd       4th        1st       2nd       3rd       4th
             Stock               quarter   quarter   quarter   quarter    quarter   quarter   quarter   quarter    quarter   quarter   quarter   quarter
                                   (13       (29       (29       (29        (13       (29       (29       (29        (13       (29       (29       (29
                                percent)  percent)  percent)   percent)  percent)  percent)  percent)   percent)  percent)  percent)  percent)  percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................      0.01      0.02      0.02      0.02   ........  ........  ........  .........  ........  ........  ........  ........
GOM Cod.......................      0.01      0.03      0.03      0.03       0.01      0.03      0.03      0.03       0.01      0.03      0.03      0.03
GB Yellowtail Flounder........     0.004     0.009     0.009     0.009       0.00      0.01      0.01      0.01   ........  ........  ........  ........
CC/GOM Yellowtail Flounder....      0.04      0.09      0.09      0.09   ........  ........  ........  .........  ........  ........  ........  ........
American Plaice...............      0.42      0.93      0.93      0.93   ........  ........  ........  .........  ........  ........  ........  ........
Witch Flounder................      0.26      0.58      0.58      0.58   ........  ........  ........  .........  ........  ........  ........  ........

[[Page 42379]]

 
SNE/MA Winter Flounder........      0.05      0.11      0.11      0.11       0.05      0.11      0.11      0.11   ........  ........  ........  ........
--------------------------------------------------------------------------------------------------------------------------------------------------------

Sector Annual Catch Entitlements (ACE)

    At the start of the 2022 fishing year, we allocated stocks to each 
sector, based on the catch limits set by prior frameworks. This rule 
updates the ACE allocated to sectors based on the catch limits approved 
in Framework 63, fishing year 2022 PSC, and final fishing year 2022 
sector rosters. We calculate a sector's allocation for each stock by 
summing its members' PSC for the stock and then multiplying that total 
percentage by the commercial sub-ACL for that stock. The process for 
allocating ACE to sectors is further described in the final rule 
allocating ACE to sectors for fishing year 2022 (87 FR 24875; April 27, 
2022) and is not repeated here. Table 11 shows the cumulative PSC by 
stock for each sector for fishing year 2022. Tables 12 and 13 show the 
ACEs allocated to each sector for fishing year 2022, in pounds and 
metric tons, respectively. We have included the common pool sub-ACLs in 
tables 11 through 13 for comparison.
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Recreational Fishery Measures

    This action sets the GB cod recreational catch target to 75 mt. The 
values of the state and other sub-components for GB cod are based, in 
part, on this catch target (see Appendix II of the EA).
    Framework 63 also adjusts the 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 are 
intended to reduce mortality on GB cod and allow for the promotion of 
GB cod stock rebuilding. These measures apply to both private and for-
hire recreational vessels, and would remain in place unless modified. 
Table 14 shows the final GB cod recreational measures, which are 
approved as proposed.

       Table 14--Georges Bank Cod Recreational Management Measures
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Minimum Size..............................  22 in (55.9 cm).
Maximum Size..............................  28 in (71.1 cm).
Possession Limit..........................  5 fish per person per day.
Closed Season.............................  May 1 through July 31.
Open Season...............................  August 1 through April 30.
------------------------------------------------------------------------

    Framework 57 established a regulatory process for the Regional 
Administrator to adjust recreational measures to prevent the 
recreational catch target from being exceeded for fishing years 2018 
and 2019. Framework 63 modifies the process to apply to fishing years 
2023 and 2024, to prevent future overages of the GB cod ACL. After 
consultation with the Council, the Regional Administrator would make 
any changes to recreational measures consistent with the Administrative 
Procedure Act.

Default Specifications Process

    Framework 63 modifies 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 
previously 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.

Regulatory Corrections Under Secretarial Authority

    Under our authority to carry out fishery management plans described 
in section 305(d) of the Magnuson-Stevens Act, in this action the 
Regional Administrator reinstates the regulation implementing the 
possession limit for the northern red hake stock, specified at Sec.  
648.86(d)(1)(vi), that was inadvertently deleted from the regulations 
through a prior rulemaking. The possession limit for the northern red 
hake stock remains unchanged at 3,000 lb (1,361 kg).
    This action also corrects the allocation of the sub-ACL for GB 
haddock catch by the midwater trawl Atlantic herring fishery, specified 
at Sec.  648.90(a)(4)(iii)(D)(1). In Framework 59, the Council 
recommended and the Regional Administrator approved increasing the 
allocation from 1.5 percent to 2 percent. The change was implemented 
through the specifications approved in Framework 59, but was 
unintentionally omitted from the regulatory text. Notice and 
opportunity for comment was provided in Framework 59, so adding this 
provision in this final rule is an administrative correction made under 
our administrative authority at section 305(d) of the Magnuson-Stevens 
Act.

Comments and Responses on Measures Proposed in the Framework 63 
Proposed Rule

    During the comment period, we received 20 comments on the Framework 
63 proposed rule from Conservation Law Foundation (CLF), the Rhode 
Island Party and Charter Boat Association (RIPCBA), and 18 members of 
the public. We also received one comment from the New Bedford Port 
Authority that was sent before the proposed rule had published, and one 
comment from Northeast Seafood Coalition (NSC), which was submitted 
after the comment period had closed.

General Comments on Framework 63

    Comment 1: A member of the public commented in support of the 
measures proposed by Framework 63, highlighting the adverse 
environmental effects of overfishing on ecosystems, fish populations, 
and coastal economies.
    Response 1: We agree, and are approving the measures as proposed.

Comments Regarding Fishing Years 2022 and 2023 Shared U.S./Canada 
Quotas

    Comment 2: RIPCBA commented in support of the proposed quotas. 
However, it suggested that the TMGC process should be reevaluated in 
future years, to make sure that the U.S. is getting a fair portion of 
the shared stocks. RIPCBA stated that eastern GB cod is ``entirely 
commercial,'' but that the resulting quotas can affect recreational 
management for U.S. vessels. NSC expressed concern that the 
Transboundary Resources Assessment Committee (TRAC) and TMGC process 
occur prior to the U.S. GB cod assessment update. It states that there 
are inconsistencies between the Data Limited Methods Tool (DLMtool) 
used for the TRAC's assessment of eastern GB cod and the PlanBSmooth 
approach used to assess the bank-wide GB cod stock, which can lead to 
conflicting catch advice recommendations. NSC advised that the Agency 
should work with the Council to seek a solution. One member of the 
public commented on the shared U.S./Canada quota for eastern GB cod and 
haddock, stating that American commercial fishing vessels in the area 
would be shorted a large amount of fish.
    Response 2: The transboundary management of the shared eastern GB 
cod stock is based on an international understanding between the U.S. 
and Canada, which results in a process that has been agreed on by the 
two countries. As such, the timing of the international TRAC and TMGC 
cycle is not easily adjusted to account for the anticipated timing of a 
domestic assessment. We and the U.S. delegation to the TMGC understand 
the mismatch that can occur as a result of the separate assessments of 
GB and eastern GB cod, and make every effort at TMGC meetings to select 
shared quotas that accommodate the needs of the U.S. fishery.
    In its comment, NSC misinterprets the purpose of the DLMtool. The 
DLMtool is not an assessment model, but rather is a method of 
calculating catch based on the available assessment information for 
eastern GB cod. The TRAC developed the DLMtool based on the direction 
of the TMGC to reduce the TMGC delegations' debate about uncertainty in 
the cod assessments that made it difficult for the two countries to 
agree on catch allocations. As part of the DLMtool, the TMGC chose two 
management objectives, which the TRAC used in 2021 to provide a range 
of catch advice from 520 mt to 650 mt, with the recommendation that the 
TMGC select a shared Total Allowable Catch (TAC) that fell in the lower 
part of this range. The TMGC continues to debate the appropriate level 
of catch for eastern GB cod and has noted that the DLMtool is a 
temporary solution to selecting catch allocations until a new 
assessment for GB cod can be completed. The U.S. and Canada are working 
to identify future plans to assess the shared cod resource.
    Regarding the allocation shares of each shared quota, the member of 
the public is incorrect that the current agreement entitles the U.S. to 
35 percent of the total ``cod and haddock'' quota on eastern GB. The 
current allocation shares entitle the U.S. to 28 percent of

[[Page 42384]]

the shared eastern GB cod quota and 47 percent of the shared eastern GB 
haddock quota. The process by which these allocation shares are 
determined is formulaic and takes into account historical utilization 
and shifts in resource distribution; it is not subject to negotiation 
by the TMGC and does not represent a new proposal on the part of the 
TMGC.

Comments Regarding Catch Limits for Fishing Years 2022-2024

    Comment 3: RIPCBA commented in support of the quota setting and 
specifications as proposed in Framework 63.
    Response 3: We agree and are approving the specifications as 
proposed, as explained in the preamble.
    Comment 4: CLF urged NMFS to disapprove the 2022-2024 catch limits 
for GOM cod and to remand them back to the Council. It argued that the 
GOM cod ABCs and ACLs are unchanged from Framework 59, and that the SSC 
should have used ``Option C'' of the groundfish ABC control rule, which 
would restrict catch to incidental bycatch only.
    Response 4: We disagree. The Council's reliance on the SSC's 
consideration and use of the ABC Control Rule is consistent with the 
FMP and the Magnuson-Stevens Act. The SSC considered the use of Option 
C of the ABC Control Rule for setting the GOM cod ABC. The Groundfish 
Plan Development Team (PDT) provided the SSC with recent discard 
information, but also indicated that the values of discards would not 
represent all incidental, non-target catch under the current operating 
conditions of the fishery. Most notably, groundfish sectors are 
required to retain all legal-sized cod, even if not targeting that 
species, and therefore this catch is not counted in the discards. The 
SSC determined that the available bycatch data were insufficient to 
inform setting an ABC, and instead based their recommendation on the 
projections of the two models used by the assessment, which is the best 
available science.
    In April 2022, the Council initiated Framework 65, which includes 
the development of a revised rebuilding plan for GOM cod. Additionally, 
the ongoing work on the Atlantic cod stock structure that is currently 
being undertaken by the Research Track Working Group, could provide a 
better basis for catch limits and management for Atlantic cod. However, 
the ABCs set by this action comply with the Magnuson-Stevens Act and 
the current rebuilding plan for GOM cod. Last, if we were to disapprove 
the GOM cod ABCs and ACLs, the 2022 ABC for this stock would remain at 
552 mt, as implemented by Framework 59, one metric ton higher than the 
ABC implemented in this action (551 mt). As noted above, there also 
would be no additional information to support a different ABC based on 
an unsupportable estimation of incidental bycatch.
    Comment 5: CLF also urged NMFS to disapprove the 2022 GB cod catch 
limit and remand it back to the Council. It argued that the proposed 
rule did not explain how NMFS is adequately accounting for scientific 
uncertainty without a buffer between OFL and ABC. It further argued 
that NMFS cannot justify the lack of scientific uncertainty buffer 
based on a constant catch approach, as it did in Framework 59, because 
Framework 63 incudes only a one-year allocation for GB cod. CLF also 
stated that the empirical approach (i.e. the PlanBsmooth used in the 
assessment) is the best approach available without an analytical 
assessment.
    Response 5: We disagree that we should disapprove the proposed ABC 
for GB cod. However, we agree that the PlanBsmooth approach is the best 
scientific information available on which to base catch advice for GB 
cod, and are therefore approving the 2022 ABC for GB cod, as proposed. 
If we were to disapprove this limit, the result would be that the 2022 
ABC for this stock would remain at the level set by Framework 61 (1,308 
mt), which is significantly higher than 343 mt, as implemented by this 
action.
    During the development of Framework 59, the SSC decided to use the 
catch advice coming out of the PlanBsmooth approach to recommend an 
ABC, rather than an indeterminate OFL, to remain consistent with other 
stocks that were using an empirical approach for catch advice to 
prevent overfishing. National Standard guidelines provide for SSC ABC 
recommendations that differ from the usual ABC control rule 
calculations, based on factors such as data uncertainty, recruitment 
variability, declining trends in population variables, and other 
factors. The SSC has explained this approach and has remained 
consistent with this decision in Framework 63. While the SSC 
recommended applying the catch advice for three years of specifications 
(fishing years 2022-2024), the Council only included an ABC for 2022 in 
Framework 63. The SSC will need to recommend, and the Council will need 
to propose, a GB cod ABC for fishing year 2023 and beyond in Framework 
65, and we intend to work with the Council and SSC to ensure that the 
ABC is based on the best scientific information available. Limiting the 
specification to one year provides an opportunity for consideration of 
updated information for the following two fishing years and thus could 
reduce potential uncertainty for those years compared to implementing 
on data available this year. If the Council does not select an ABC for 
GB cod for 2023, or if we disapprove it in Framework 65, the ABC for GB 
cod would drop to zero in 2023.
    In Framework 59, it was appropriate to set a constant ABC for all 
three years of specifications (fishing years 2020-2022) based on the 
results of the PlanBsmooth approach to account for scientific 
uncertainty. For Framework 63, the Council's decision to include an ABC 
for only one year (2022) does not increase the scientific uncertainty 
of using the results of the PlanBsmooth to set the ABC, compared to 
setting it for all three years. The extremely low one-year 
specification in this action is expected to increase the probability of 
the stock rebuilding, while addressing the poor condition of the GB cod 
resource for the next year. It also allows the SSC, Council, and NMFS 
to adopt conservation measures for 2023 in Framework 65, where 
scientific uncertainty would again be considered.
    Comment 6: New Bedford Port Authority and NSC both raised concerns 
with the reduction to the GB cod ABC. NSC questioned the use of imputed 
data in the PlanBsmooth empirical assessment to replace the year of 
survey data missing due to the COVID-19 health crisis. NSC asserted 
that there should have been a peer reviewed deliberation prior to the 
assessment to determine how to deal with the missing survey data. 
Similarly, New Bedford Port Authority raised a concern that there 
should have been a review process to examine the implications of 
missing survey data. NSC stated that if past years' catch is not close 
to the quota, the resulting catch advice from the PlanBsmooth approach 
can have large changes. NSC also stated that the survey strata data 
used has been limited to a smaller portion of the larger GB cod stock 
area. Last, NSC argued that the SSC did not have all relevant 
information, including socioeconomic information and the final catch 
information from the 2020 fishing year. New Bedford Port Authority also 
raised the same concern as NSC about the final catch of GB cod not 
being available until after the SSC met.
    Response 6: The assessment Peer Review Panel determined that the 
PlanBsmooth is the best available

[[Page 42385]]

science for determining catch advice and recommended it for use by the 
SSC. The GB cod assessment went through peer review in September 2021, 
and the panel considered using imputed values to replace the missing 
survey data; however, the panel ultimately decided to approve the 
PlanBsmooth without using an imputed value. At its October 25, 2021, 
meeting, the SSC recommended adjusting the catch advice that had come 
out of the PlanBsmooth to incorporate an imputed value, resulting in an 
ABC that was 25 mt higher than the catch advice provided by the 
assessment. The SSC raised the concern that the PlanBsmooth approach 
has the potential to ``chase noise in the survey index, particularly 
for a stock at low abundance.'' In other words, there is a potential 
for large fluctuations in the catch advice that comes out of the 
PlanBsmooth approach. However, the SSC did not find that this concern 
justified recommending an alternative approach to calculating catch 
advice, and endorsed the continued use of the PlanBsmooth approach for 
setting the GB cod ABC.
    The SSC had an extensive discussion of how the Council Risk Policy 
could be used to inform a different recommendation for the GB cod ABC, 
and the SSC report references economic analysis and information 
presented by the PDT. While the SSC did recommend that, in the future, 
the PDT provide additional socioeconomic information, it was clear that 
the SSC was aware, at least qualitatively, of the potential economic 
impact of the decreased quota. The SSC did not postpone their 
recommendation in order to obtain additional information, and a 
majority of the SSC supported the ABC recommendation that was made to 
the Council and included as part of Framework 63. Fishing year final 
catch reports have not historically been provided to the SSC for 
consideration as part of the process for setting ABCs, although the PDT 
does provide the inseason catch data that is available at the time of 
the SSC meeting. Requiring the inclusion of such reports could delay 
implementation of necessary specifications and adversely impact 
fisheries and fishing communities. The GB cod assessment that was used 
by the SSC to recommend ABCs was based on commercial fishery catch data 
through calendar year 2020 and survey data through spring of 2021, and 
would not have been updated to reflect the 2020 fishing year catch 
report that is produced by NMFS in the fall of 2021 for purposes of 
catch accounting. The Council was aware of NSC's concerns regarding the 
availability of this information to the SSC, and voted to submit 
Framework 63 to NMFS with the SSC's recommended ABC for GB cod to 
support timely implementation of these specifications, including a 
closed season for the recreational fishery that was intended to begin 
on May 1, 2022. Waiting for additional information could have resulted 
in an even greater delay of these specifications and increased adverse 
impacts from a further delay.

Comments Regarding Recreational Measures for Georges Bank Cod

    Comment 7: RIPCBA commented in support of the proposed changes to 
recreational measures for GB cod for fishing year 2022.
    Response 7: We agree with the RIPCBA's support for the 2022 
recreational measures and are approving the changes as proposed.
    Comment 8: Seventeen members of the public commented on the 
proposed GB cod recreational measures. While some supported parts of 
the measures, most expressed concern about or objected to some or all 
of the proposed measures, including the closed recreational season for 
GB cod, the reduced possession limit, the increased minimum size, and 
the implementation of a maximum size without an allowance of a trophy 
fish (i.e., a single fish over the maximum size limit). The commenters 
raised concerns about other stocks that are being restricted, limiting 
fishing options, and about economic damage to ancillary services, such 
as marinas and bait shops. Several stated that they get their food 
through recreational fishing, and raised concerns about the increased 
cost of fuel to go fishing. Some commenters blamed the commercial 
fishery for the state of the GB cod stock, and argued that recreational 
fishermen were being punished instead. A few commenters argued that a 
winter closure would be more useful for protecting spawning, or that it 
would be less restrictive for recreational fishermen targeting cod.
    Response 8: The goal of the slot limit, reduction in possession 
limit, and recreational closed season for GB cod was to create a suite 
of measures to achieve a reduction in mortality of GB cod, given the 
overall reduction in the U.S. ABC and the revised recreational catch 
target. Because the recreational measures were developed and analyzed 
as a suite, rather than individually, we cannot be assured that 
alternative measures, or a subset of the proposed measures, would 
achieve the necessary reduction in GB cod catch. As some commenters 
stated, it is rare for a recreational fisherman to catch a large cod 
above the proposed maximum size limit, and so allowing a trophy fish 
would likely negate the intended impact of the maximum size limit. 
While a winter closure could provide spawning protections, the goal of 
the summer closure for GB cod is to reduce the overall mortality of GB 
cod. Therefore, closing the GB cod recreational fishery in the winter 
would not be as effective for reducing overall catch because 
recreational fishing is not as prominent during that period in 
comparison to the summer. Thus, we approve the Council's recommended 
suite of measures in full. Recreational fishermen can continue to fish 
in the GB cod stock area for other species during the May through July 
closure. Some alternative options may be found http://www.fishwatch.gov.
    Comment 9: Five members of the public commented on cod stock 
structure in the region, stating that the cod caught off Rhode Island 
are not the same as GB cod.
    Response 9: Under the Northeast Multispecies FMP, we manage 
Atlantic cod as two stocks: GOM and GB. A working group is currently 
developing improved stock assessments for two to five stocks of 
Atlantic cod. However, this work is not complete, and therefore we are 
limited to managing cod stocks as they are defined in the FMP. The 
quotas for GB cod that are approved in this rule are based on the most 
recent assessment for GB cod, which includes cod found off Rhode Island 
as part of the GB cod stock.
    Comment 10: NSC commented in support of modifications to the 
recreational catch target to reflect the reduction to the ABC, and 
referenced Option 3, which was one of the potential options for a catch 
target developed by the Groundfish PDT. NSC questioned how the catch 
target in Option 3 complies with National Standard 8 of the Magnuson-
Stevens Act.
    Response 10: Option 3 for the recreational catch target (71 mt) was 
developed by the PDT. However, it was not the preferred alternative 
recommended by the Council or considered in the proposed rule. The 
Council considered several catch targets, and voted to recommend a 
recreational catch target of 75 mt (Option 4). The EA provides the 
rationale that this catch target allows a portion of the total ACL to 
account for recreational catch, while maximizing the quota available to 
the commercial fishery. The Council's selection of the 75-mt catch 
target is consistent with

[[Page 42386]]

National Standard 8, which requires the consideration of the importance 
of fishery resources consistent with the conservation requirement of 
the Magnuson-Stevens Act. The Magnuson-Stevens Act recognizes the 
importance of recreational fishing and requires consideration of its 
importance to the nation and its impacts on fishing communities. 
National Standard 8 guidance specifically recognizes recreational 
fishing interests within fishing communities (``[a] fishing community 
is a social or economic group whose members reside in a specific 
location and share a common dependency on commercial, recreational, or 
subsistence fishing or on directly related fisheries-dependent services 
and industries (for example, boatyards, ice suppliers, tackle shops''). 
That, along with the goal of the FMP to maintain a directed commercial 
and recreational fishery for Northeast multispecies, is achieved by the 
Council's selection of a catch target that allows the commercial and 
recreational fisheries to continue to operate.
    Comment 11: NSC commented that it supports renewing the Regional 
Administrator's exercise of authority to adjust recreational measures 
to prevent the catch target from being exceeded.
    Response 11: We agree and approve the Regional Administrator's 
exercising authority consistent with these regulations for fishing 
years 2023 and 2024, if necessary to carry out the FMP. Any changes 
would be made in consultation with the Council.

Comments Regarding Default Specifications

    Comment 12: NSC commented in support of the modifications to the 
default specifications process, noted that operating under default 
specifications is not preferred, and urged NMFS to implement newly 
proposed regulations quickly.
    Response 12: We agree and approve this default specifications 
modification. The timing of a rule's publication and implementation 
depends on several factors, including when the Council takes final 
action, when the Council submits the action to NMFS for consideration, 
and the legal requirements of the rulemaking process. We continue to 
work with the Council to ensure that it submits the action to us with 
enough time for us to satisfy our regulatory requirements, prepare and 
publish the proposed rule, provide time for public comment, consider 
and respond to the comments received, and prepare, publish, and 
implement the final rule.
    Comment 13: RIPCBA provided some recommendations for fishing years 
2023 and 2024, when the Regional Administrator may adjust the 
recreational measures for GB cod. Specifically, the RIPCBA recommended 
removing the maximum size limit, and having the minimum size match the 
GOM cod recreational size. It also recommended considering changing the 
summer (May-July) closure to a month or combination of months during 
January through April.
    Response 13: Any changes made by the Regional Administrator for 
fishing year 2023 consistent with these regulations will be based on 
the best available information and made in consultation with the 
Council.

Changes From the Proposed Rule

    The proposed rule included sector and common pool sub-ACLs based on 
fishing year 2022 PSCs and preliminary fishing year 2022 sector 
rosters, but did not include the PSCs and ACEs allocated to each 
sector. This final rule updates these sub-ACLs to reflect final fishing 
year 2022 sector rosters and includes the PSCs and ACEs at the sector 
level.
    This final rule includes a correction, under our authority at 
305(d), to the regulatory text at Sec.  648.90(a)(4)(iii)(D)(1) 
regarding the increase of the midwater trawl Atlantic herring fishery's 
1.5 percent sub-ACL of the GB haddock ACL to 2 percent. This correction 
was not included in the proposed rule. It was subject to notice and 
public comment in Framework 59 (Proposed rule: 85 FR 32347; May 29, 
2020; Final rule: 85 FR 45794; July 30, 2020), but was inadvertently 
omitted from the regulations.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the Northeast Multispecies FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866. This 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.
    The Assistant Administrator for Fisheries finds that there is good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed 
effectiveness of this action. This action relies on the best available 
science to set 2022 catch limits for groundfish stocks and adopts 
several other measures to improve the management of the groundfish 
fishery. This final rule must be implemented as soon as possible to 
capture fully the conservation and economic benefits of Framework 63 
and avoid adverse economic impacts.
    The development of Framework 63 began in June 2021. While the 
Council took final action on the Framework 63 measures in December 
2021, the framework was not formally submitted to NMFS until March 28, 
2022. Given the timing of the Council process and submission, the 
earliest we were able to publish a proposed rule for Framework 63 was 
on April 20, 2022.
    A delay in implementation of this rule increases negative economic 
effects for regulated entities. The eastern portions of the GB cod and 
haddock stocks, jointly managed with Canada, did not have 2022 quotas 
set by a previous framework. A separate action implemented a default 
quota (35 percent of the 2021 quota) for eastern GB cod and haddock 
that will be in effect only through July 31, 2022, unless we implement 
Framework 63 before that date. After July 31, the default quotas 
expire, at which point vessels would be prohibited from fishing in the 
Eastern U.S./Canada Area until Framework 63 is effective. The default 
quotas are constraining the fishery in the Eastern U.S./Canada Area. 
The majority of fishing in that region occurs during summer primarily 
due to the seasonal geographic distribution of the stocks. Providing 
timely access to these stocks is also a potential safety issue. Vessels 
fish in the summer in the Eastern U.S./Canada Area (approximately 150-
200 miles offshore) to avoid extremely dangerous weather in the winter, 
spring, and fall.
    There are also biological impacts associated with a delay in 
implementation. The GB cod U.S. ABC for fishing year 2022 was 
previously set by Framework 61 at 1,308 mt, and groundfish sectors were 
allocated quota on May 1, 2022, based on this catch limit. Based on the 
2021 management track assessment, this action reduces the GB cod U.S. 
ABC for fishing year 2022 to 343 mt. A delay in effectiveness of this 
action could result in the commercial groundfish fishery overharvesting 
the GB cod stock, because the higher allocation the commercial fishery 
received at the beginning of the fishing year could encourage greater 
fishing during the delay. Similarly, the changes to recreational 
measures for GB cod being implemented by this final rule (including the 
reduction in possession limit, the change in slot limit, and the 
implementation of a closed season) are

[[Page 42387]]

substantial from those measures in place for fishing year 2021. This 
rule's recreational restrictions are intended to reduce mortality of GB 
cod to ensure limits on total catch are not exceeded. If the 
recreational fishery contributes to an ACL overage in 2022, the 
commercial fishery will be required to pay back, pound-for-pound, any 
ACL overage in a following fishing year, which will have even greater 
adverse social and economic impacts on the fishery. Therefore, a delay 
would be contrary to the public interest and would undermine the intent 
of the rule.
    The 30-day delay in implementation for this rule is unnecessary 
because this rule contains no new measures (e.g., it does not require 
new nets or equipment) for which regulated entities need time to 
prepare or revise their current practices. Fishermen who are subject to 
this action expect and need timely implementation to avoid adverse 
economic impacts. This action is similar to the process used to set 
quotas every 1-2 years, approves all items as proposed, and was 
discussed at multiple noticed meetings where the public was provided 
opportunity to learn about the action, ask questions, and provide input 
into the development of the measures. Affected parties and other 
interested parties participated in this public process to develop this 
action and expect implementation as close to the beginning of the 
fishing year on May 1 as possible. A 30-day delay in implementing the 
portion of this action that changes the default specification 
percentage and duration is not necessary because the new default 
provisions will not affect the fishery until May 1, 2023, if at all.
    Overall, a delay in implementation of this action would greatly 
diminish the benefits of these specifications and other approved 
measures. For these reasons, a 30-day delay in the effectiveness of 
this rule is impracticable and contrary to the public interest.

Final Regulatory Flexibility Analysis

    Section 604 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 604, 
requires Federal agencies to prepare a Final Regulatory Flexibility 
Analysis (FRFA) for each final rule. The FRFA describes the economic 
impact of this action on small entities. The FRFA includes a summary of 
significant issues raised by public comments, the analyses contained in 
Framework 63 and its accompanying Environmental Assessment/Regulatory 
Impact Review/Initial Regulatory Flexibility Analysis (IRFA), the IRFA 
summary in the proposed rule, as well as the summary provided below. A 
statement of the necessity for and for the objectives of this action 
are contained in Framework 63 and in the preamble to this final rule, 
and is not repeated here.
A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments
    We received several comments expressing concern about the economic 
impacts of this action and we have summarized the comments in the 
comments and responses section of this rule. None of these comments 
were directly related to the IRFA, or provided information that changed 
the conclusions of the IRFA. The Chief Counsel for the Office of 
Advocacy of the Small Business Administration (SBA) did not file any 
comments. We made no changes to the proposed rule measures.
Description and Estimate of the Number of Small Entities to Which the 
Rule Would Apply
    The final rule impacts the recreational groundfish, Atlantic sea 
scallop, small mesh multispecies, Atlantic herring, and large-mesh non-
groundfish fisheries. Individually-permitted 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 RFA 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). 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.

[[Page 42388]]

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

    The action does not contain any new collection-of-information 
requirements under the Paperwork Reduction Act (PRA).

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    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.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency will publish 
one or more guides to assist small entities in complying with the rule, 
and will designate such publications as ``small entity compliance 
guides.'' The agency will explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a bulletin to permit holders that also serves 
as a small entity compliance guide was prepared. This final rule and 
the guide (i.e., bulletin) will be sent via email to the Greater 
Atlantic Regional Fisheries Office Northeast multispecies fishery email 
list, as well as the email lists for scallop and herring fisheries, 
which receive an allocation of some groundfish stocks. The final rule 
and the guide are available from NMFS at the following website: https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan. Hard copies of the guide and this final rule will be 
available upon request (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: July 11, 2022.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is 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.  648.14, revise paragraph (k)(16)(v) to read as follows:


Sec.  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 Sec.  648.89(b)(1) and (b)(3).
* * * * *

0
3. In Sec.  648.86 add paragraph (d)(1)(vi) to read as follows:


Sec.  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 Sec.  
648.80(a)(17).
* * * * *

0
4. Amend Sec.  648.89 by revising paragraph (b) paragraph heading, 
paragraphs (b)(1), Table 2 to paragraph (c), Table 3 to paragraph (c), 
and (g), to read as follows:


Sec.  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 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)
----------------------------------------------------------------------------------------------------------------
                                                           Minimum size                    Maximum size
                     Species                     ---------------------------------------------------------------
                                                      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

[[Page 42389]]

 
Winter Flounder (black back)....................              12            30.5             N/A             N/A
Redfish.........................................               9            22.9             N/A             N/A
----------------------------------------------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec.   648.80(a).

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *

                                           Table 2 to Paragraph (c)(i)
----------------------------------------------------------------------------------------------------------------
                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......................  April 15-September 14,
                                        1-14.                                             October 1-March 31.
GB Haddock...........................  All Year...............  Unlimited..............  N/A.
GOM Haddock..........................  May 1-February 28 (or    15.....................  March 1-March 31.
                                        29), April 1-30.
GB Yellowtail Flounder...............  All Year...............  Unlimited..............  N/A.
SNE/MA Yellowtail Flounder...........  All Year...............  Unlimited..............  N/A.
CC/GOM Yellowtail Flounder...........  All Year...............  Unlimited..............  N/A.
American Plaice......................  All Year...............  Unlimited..............  N/A.
Witch Flounder.......................  All Year...............  Unlimited..............  N/A.
GB Winter Flounder...................  All Year...............  Unlimited..............  N/A.
GOM Winter Flounder..................  All Year...............  Unlimited..............  N/A.
SNE/MA Winter Flounder...............  All Year...............  Unlimited..............  N/A.
Redfish..............................  All Year...............  Unlimited..............  N/A.
White Hake...........................  All Year...............  Unlimited..............  N/A.
Pollock..............................  All Year...............  Unlimited..............  N/A.
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)(2)
----------------------------------------------------------------------------------------------------------------
               Species                       Open season            Possession limit          Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod...............................  August 1-April 30......  5......................  May 1-July 31.
GOM Cod..............................  September 8-October 7,   1......................  April 15-September 7,
                                        April 1-14.                                       October 8-March 31.
GB Haddock...........................  All Year...............  Unlimited..............  N/A.
GOM Haddock..........................  May 1-February 28 (or    15.....................  March 1-March 31.
                                        29), April 1-30.
GB Yellowtail Flounder...............  All Year...............  Unlimited..............  N/A.
SNE/MA Yellowtail Flounder...........  All Year...............  Unlimited..............  N/A.
CC/GOM Yellowtail Flounder...........  All Year...............  Unlimited..............  N/A.
American Plaice......................  All Year...............  Unlimited..............  N/A.
Witch Flounder.......................  All Year...............  Unlimited..............  N/A.
GB Winter Flounder...................  All Year...............  Unlimited..............  N/A.
GOM Winter Flounder..................  All Year...............  Unlimited..............  N/A.
SNE/MA Winter Flounder...............  All Year...............  Unlimited..............  N/A.
Redfish..............................  All Year...............  Unlimited..............  N/A.
White Hake...........................  All Year...............  Unlimited..............  N/A.
Pollock..............................  All Year...............  Unlimited..............  N/A.
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.
----------------------------------------------------------------------------------------------------------------


[[Page 42390]]

* * * * *
    (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.
* * * * *

0
5. In Sec.  648.90, revise paragraph (a)(3)(i), paragraph (a)(4)(i) 
introductory text, and paragraph (a)(4)(iii)(D)(1) to read as follows:


Sec.  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 Sec.  
648.85(a)(2).
* * * * *
    (iii) * * *
    (D) * * *
    (1) Sub-ACL values. The midwater trawl Atlantic herring fishery 
will be allocated sub-ACLs equal to 1 percent of the GOM haddock ABC, 
and 2 percent of the GB haddock ABC (U.S. share only), pursuant to the 
restrictions in Sec.  648.86(a)(3). The sub-ACLs will be set using the 
process for specifying ABCs and ACLs described in paragraph (a)(4) of 
this section. For the purposes of these sub-ACLs, the midwater trawl 
Atlantic herring fishery includes vessels issued a Federal Atlantic 
herring permit and fishing with midwater trawl gear in Management Areas 
1A, 1B, and/or 3, as defined in Sec.  648.200(f)(1) and (3).
* * * * *
[FR Doc. 2022-15065 Filed 7-14-22; 8:45 am]
BILLING CODE 3510-22-P


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