[Federal Register Volume 69, Number 171 (Friday, September 3, 2004)]
[Rules and Regulations]
[Pages 53839-53840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20141]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.040326103-4239-03; I.D. 031504A]
RIN 0648-AQ82


Fisheries of the Northeastern United States; Summer Flounder 
Recreational Fishery; Fishing Year 2004; New York Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS announces approval of conservation equivalent 
recreational management measures for summer flounder in New York for 
the remainder of 2004. This determination is based on a recommendation 
from the Summer Flounder Board of the Atlantic States Marine Fisheries 
Commission.

DATES: Effective August 31, 2004.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy 
Analyst, (978) 281-9279, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: The summer flounder conservation equivalency 
determination process is described in the preamble of the final rule to 
implement Framework Adjustment 2 to the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP) (66 FR 36208, July 11, 
2001), and in the preamble to the proposed rule to implement the 2004 
recreational management measures for summer flounder, scup, and black 
sea bass (69 FR 19805, April 14, 2004).
    NMFS published a final rule in the Federal Register on July 13, 
2004 (69 FR 41980), implementing recreational management measures for 
the summer flounder, scup, and black sea bass fisheries for 2004. Based 
on the recommendation of the Atlantic States Marine Fisheries 
Commission (Commission), for states other than New York, NMFS 
determined that the summer flounder recreational fishing measures 
proposed to be implemented by the states for 2004 were the conservation 
equivalent of the season, minimum size, and possession limit prescribed 
in Sec. Sec.  648.102, 648.103, and 648.105(a), respectively. Pursuant 
to the regulation at Sec.  648.107(a)(1), vessels subject to the 
Federal recreational summer flounder fishing measures and landing 
summer flounder in one of the states with an approved conservation 
equivalency program are not subject to the more restrictive Federal 
measures, pursuant to the provisions of Sec.  648.4(b), and instead are 
subject to the recreational fishing measures implemented by the state 
in which they land. Pursuant to Sec.  648.107(b), federally permitted 
vessels subject to the recreational summer flounder fishing measures 
and other recreational fishing vessels, registered in states and 
subject to the Federal recreational summer flounder fishing measures, 
that land in New York were subject to the following precautionary 
default measures: An open season January 1 through December 31; a 
minimum size of 18 inches (45.7 cm) total length; and a possession 
limit of one fish. The precautionary default measures are defined as 
the measures that would achieve at least the overall required reduction 
in landings for each state.
    The Commission has notified NMFS that, effective July 30, 2004, New 
York implemented emergency regulations that are the conservation 
equivalent of the season, minimum size, and possession limit prescribed 
in Sec. Sec.  648.102, 648.103, and 648.105(a), respectively. With 
regard to New York, based on Commission approval of the state's 
emergency measures, NMFS announces a waiver of the permit condition at 
Sec.  648.4(b), which requires federally permitted vessels to comply 
with the more restrictive management measures when state and Federal 
measures differ. Therefore, effective immediately, federally permitted 
charter/party vessels and recreational vessels fishing for summer 
flounder in the Exclusive Economic Zone (EEZ) and landing in New York 
are subject to the recreational management measures as implemented by 
New York, i.e., an 18-inch (45.7-cm) minimum size, a 3-fish possession 
limit, and an open season of May 15 through September 6. NMFS amends 
Sec.  648.107(a) to indicate that the recreational management measures 
implemented by the States of Massachusetts through North Carolina have 
been determined to be the conservation equivalent of the season, 
minimum size, and possession limit prescribed in Sec. Sec.  648.102, 
648.103, and 648.105(a), respectively. The table below replaces Table 2 
as published in the recreational management measures final rule on July 
13, 2004 (69 FR 41980).

                         2004 State Recreational Management Measures for Summer Flounder
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                                                                      Possession
                                           Minimum Size     Minimum      Limit
                 State                       (inches)      Size (cm)  (number of            Open Season
                                                                         fish)
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MA.....................................              16.5       41.9           7                     Year-Round
RI.....................................              17.5       44.5           7    April 1 through December 31
CT.....................................                17       43.2           6                     Year-Round
NY.....................................                18       45.7           3     May 15 through September 6
NJ.....................................              16.5       41.9           8       May 8 through October 11
DE.....................................              17.5       44.5           4                     Year-Round
MD.....................................                16       40.6           3                     Year-Round
VA.....................................                17       43.2           6   March 29 through December 31
NC.....................................                14       35.6           8                     Year-Round
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[[Page 53840]]

Classification

    This action is required by 50 CFR part 648. This final rule has 
been determined to be not significant for purposes of Executive Order 
12866.
    This final rule follows a rulemaking that implemented the 
recreational specifications for the 2004 summer flounder fishery. 
Coincidental with soliciting comments on the actual recreational 
specifications of possession limit, minimum size, and season, the 
public was invited to comment on the prospect of implementing the 
recreational measures through the conservation equivalency mechanism as 
opposed to implementing them as Federal coastwide measures. 
Conservation equivalency allows states with recreational management 
plans approved by the Commission's Summer Flounder Technical Committee 
and the Administrator, Northeast Region, NMFS (Regional Administrator) 
to implement a modified possession limit, minimum size, and season 
provided it achieves such state's required reduction in recreational 
fishing effort. This enables states to tailor their measures to a 
degree to address the differing circumstances of their fisheries 
occasioned by the seasonal movement of the stock or the predominance of 
certain sized summer flounder in their waters. Once a conservation 
equivalent state plan is approved, the Regional Administrator waives 
the application of Sec.  648.4(b); this section of the regulations 
requires federally permitted vessels to abide by the stricter of the 
state or Federal measures. In the final rule implementing the 
recreational specifications, the public was advised that the 
recreational measures implemented by New York were not approved as a 
conservation equivalent plan. New York had originally submitted several 
recreational management plans to the Technical Committee that could 
have served as a basis to approve a New York plan as a conservation 
equivalent to the Federal coastwide measures. However, in the end, New 
York elected to implement less restrictive measures. Consequently, 
federally permitted vessels from New York are now subject to the 
precautionary default measures in Sec.  648.107(b). These measures are 
much more restrictive than any measures implemented by New York or any 
of the other states. This final rule reflects that a review of a newly 
submitted recreational management plan by New York concluded that it is 
the conservation equivalent to the Federal coastwide measures. 
Soliciting prior comment on this rule will cause New York recreational 
fishermen fishing in the exclusive economic zone, particularly the 
party and charter boat fleet, to forego a considerable benefit. The New 
York recreational fishery is scheduled to close on September 6, 2004. 
Prior comment on this final rule will prevent this rule from becoming 
effective before the closure of the New York recreational fishery. The 
recreational fishing measures that would be implemented for federally 
permitted New York vessels by this final rule allow for a greater 
harvest of summer flounder than the precautionary default measures that 
will remain in effect until this final rule is implemented. Therefore, 
the Assistant Administrator for Fisheries, NOAA, finds pursuant to 5 
U.S.C. 553(b) that prior notice and comment on this final rule is 
impracticable.
    In addition, the Assistant Administrator for Fisheries, NOAA, 
finds, pursuant to 5 U.S.C. 553(d)(1), that this final rule relieves a 
restriction and, therefore, makes this rule effective immediately. The 
party and charter boats from New York are currently subject to the 
precautionary default measures. These precautionary default measures 
result in a decrease in recreational fishing effort well in excess of 
the 48.5 percent that the New York measures must achieve to be 
considered the conservation equivalent of the Federal coastwide 
measures. As noted above, these measures are far more restrictive than 
the measures that will be in effect in New York waters as a result of 
this rule or to which vessels from other states fishing in the 
exclusive economic zone are subject.
    A Final Regulatory Flexibility Analysis was prepared, pursuant to 5 
U.S.C. 604(a), as part of the final rule to implement the 2004 
recreational management measures for the summer flounder, scup, and 
black sea bass fisheries (69 FR 41980, July 13, 2004).
    A small entity compliance guide will be sent to all holders of New 
York Federal party/charter permits issued for the summer flounder 
fisheries. In addition, copies of this notice and guide (i.e., permit 
holder letter) are available from NMFS (see ADDRESSES) and at the 
following website: http://www.nero.noaa.gov.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 30, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out 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.  648.107, paragraph (a) introductory text is revised to read 
as follows:


Sec.  648.107  Conservation equivalent measures for the summer flounder 
fishery.

    (a) The Regional Administrator has determined that the recreational 
fishing measures proposed to be implemented by the States of 
Massachusetts, Rhode Island, Connecticut, New Jersey, New York, 
Delaware, Maryland, Virginia, and North Carolina for 2004 are the 
conservation equivalent of the season, minimum size, and possession 
limit prescribed in Sec. Sec.  648.102, 648.103, and 648.105(a), 
respectively. This determination is based on a recommendation from the 
Summer Flounder Board of the Atlantic States Marine Fisheries 
Commission.
* * * * *
[FR Doc. 04-20141 Filed 8-31-04; 3:14 pm]
BILLING CODE 3510-22-S