Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 42375 

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: Liz.Sullivan@

noaa.gov. 

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: 

• 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; 

• 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; 

• 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] 

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. 

TABLE 3—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 

sub-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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TABLE 3—CATCH LIMITS FOR THE 2022 FISHING YEAR—Continued 

[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 

sub-component 

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

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] 

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 

sub-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] 

Stock Total ACL Groundfish 

sub-ACL 

Sector 

sub-ACL 

Common 

pool 

sub-ACL 

Recreational 

sub-ACL 

Midwater 

trawl 

fishery 

Scallop 

fishery 

Smallmesh 

isheries 

State waters 

sub-component 

Other 

sub-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] 

Stock 

2022 2023 2024 

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

GB Cod .................................... 1.8 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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TABLE 6—FISHING YEARS 2022–2024 COMMON POOL TRIMESTER TACS—Continued 

[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 

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] 

Stock 

Percentage of 

common pool 

sub-ACL 

2022 2023 2024 

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

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 

TABLE 9—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 ........................................................................ 0.09 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] 

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 0.03 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 .............. .............. .............. .............. .............. .............. .............. ..............


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TABLE 10—FISHING YEARS 2022–2024 REGULAR B DAS PROGRAM QUARTERLY INCIDENTAL CATCH TACS—Continued 

[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) 

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. 

BILLING CODE 3510–22–P 


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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 subcomponents 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 

§ 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 

§ 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 


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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 legalsized 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 oneyear 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 


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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 


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National Standard 8, which requires the 

consideration of the importance of 

fishery resources consistent with the 

conservation requirement of the 

Magnuson-Stevens Act. The MagnusonStevens 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 § 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 


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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, multiplepermitted 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. 


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42388 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 

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/northeastmultispecies-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 

■ 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) paragraph heading, 

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 

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 


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Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 42389 

TABLE 1 TO PARAGRAPH (b)(1)—Continued 

Species 

Minimum size Maximum size 

Inches cm Inches cm 

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)(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 1–14 ............... 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)(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, 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. 

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. 


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42390 Federal Register / Vol. 87, No. 135 / Friday, July 15, 2022 / Rules and Regulations 

* * * * * 

(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), paragraph (a)(4)(i) introductory 

text, and paragraph (a)(4)(iii)(D)(1) 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). 

* * * * * 

(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 

§ 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 § 648.200(f)(1) and (3). 

* * * * * 

[FR Doc. 2022–15065 Filed 7–14–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 680 

[Docket No.: 220712–0153] 

RIN 0648–BL60 

Fisheries of the Exclusive Economic 

Zone off Alaska; Bering Sea and 

Aleutian Islands Crab Rationalization 

Program; C Shares 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action. 

SUMMARY: NMFS issues an emergency 

rule to temporarily suspend the active 

participation requirement for captains 

and crew holding crew quota or C 

shares under the Bering Sea and 

Aleutian Islands Crab Rationalization 

Program (CR Program). This emergency 

action temporarily suspends the 

requirement to withhold Individual 

Fishing Quota (IFQ) and revoke quota 

share (QS) from individuals who do not 

meet active participation requirements 

for the 2022/2023 crab fishing year. This 

emergency rule is intended to provide 

flexibility to C share holders in the 

2022/2023 crab fishing year. This 

emergency rule does not modify other 

provisions of the CR Program. This 

emergency rule is intended to promote 

the goals and objectives of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, the 

Fishery Management Plan for Bering 

Sea/Aleutian Islands King and Tanner 

Crabs, and other applicable laws. 

DATES: Effective July 15, 2022 through 

January 11, 2023. Comments must be 

received by August 15, 2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2022–0067, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0067 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

the Assistant Regional Administrator, 

Sustainable Fisheries Division, Alaska 

Region NMFS. Mail comments to P.O. 

Box 21668, Juneau, AK 99802–1668. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

Electronic copies of this emergency 

rule may be obtained from https://

www.regulations.gov identified by 

Docket ID NOAA–NMFS–2021–0021 or 

from the NMFS Alaska Region website 

at https://www.fisheries.noaa.gov/ 

region/alaska. 

FOR FURTHER INFORMATION CONTACT: 

Alicia M. Miller, 907–586–7228. 

SUPPLEMENTARY INFORMATION: The king 

and Tanner crab fisheries in the 

exclusive economic zone of the Bering 

Sea and Aleutian Islands (BSAI) are 

managed under the Fishery 

Management Plan for Bering Sea/ 

Aleutian Islands King and Tanner Crabs 


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