[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Proposed Rules]
[Pages 25656-25659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10434]



[[Page 25656]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150211144-5144-01]
RIN 0648-BE89


Fisheries of the Northeastern United States; Recreational 
Management Measures for the Summer Flounder, Scup, and Black Sea Bass 
Fisheries; Fishing Year 2015

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes management measures for the 2015 summer 
flounder, scup, and black sea bass recreational fisheries. The 
implementing regulations for these fisheries require NMFS to publish 
recreational measures for the fishing year and to provide an 
opportunity for public comment. The intent of these measures is to 
constrain recreational catch to established limits and prevent 
overfishing of the summer flounder, scup, and black sea bass resources.

DATES: Comments must be received by 5 p.m. local time, on May 20, 2015.

ADDRESSES:  You may submit comments on this document, identified by 
NOAA-NMFS-2015-0051, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0051, Click the ``Comment Now!'' icon, 
complete the required fields. Enter or attach your comments.
    --OR--
    Mail: Submit written comments to John Bullard, Regional 
Administrator, Greater Atlantic Region, 55 Great Republic Drive, 
Gloucester, MA 01930.

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).
    Copies of the Supplemental Information Report (SIR) and other 
supporting documents for the recreational harvest measures are 
available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 N. State Street, 
Dover, DE 19901. The recreational harvest measures document is also 
accessible via the Internet at: http://www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, 
(978) 281-9218.

SUPPLEMENTARY INFORMATION: 

General Background

    The summer flounder, scup, and black sea bass fisheries are managed 
cooperatively under the provisions of the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine 
Fisheries Commission, in consultation with the New England and South 
Atlantic Fishery Management Councils. The management units specified in 
the FMP include summer flounder (Paralichthys dentatus) in U.S. waters 
of the Atlantic Ocean from the southern border of North Carolina 
northward to the U.S./Canada border, and scup (Stenotomus chrysops) and 
black sea bass (Centropristis striata) in U.S. waters of the Atlantic 
Ocean from 35[deg] 13.3' N. lat. (the approximate latitude of Cape 
Hatteras, North Carolina). States manage these three species within 3 
nautical miles (4.83 km) of their coasts, under the Commission's plan 
for summer flounder, scup, and black sea bass. The applicable species-
specific Federal regulations govern vessels and individual fishermen 
fishing in Federal waters of the exclusive economic zone (EEZ), as well 
as vessels possessing a summer flounder, scup, or black sea bass 
Federal charter/party vessel permit, regardless of where they fish.

Recreational Management Measures Background

    The Council process for devising recreational management measures 
to recommend to NMFS for rulemaking is generically described in the 
following section. All meetings are open to the public and the 
materials utilized during such meetings, as well as any documents 
created to summarize the meeting results, are public information and 
posted on the Council's Web site (www.mafmc.org) or are available from 
the Council by request. Therefore, extensive background on the 2015 
recreational management measures recommendation process is not repeated 
in this preamble.
    The FMP established monitoring committees for the three fisheries, 
consisting of representatives from the Commission, the Council, state 
marine fishery agency representatives from Massachusetts to North 
Carolina, and NMFS. The FMP's implementing regulations require the 
monitoring committees to review scientific and other relevant 
information annually. The objective of this review is to recommend 
management measures to the Council that will constrain landings within 
the recreational harvest limits established for the summer flounder, 
scup, and black sea bass fisheries for the upcoming fishing year. The 
FMP limits the choices for the types of measures to minimum fish size, 
per angler possession limit, and fishing season.
    The Council's Demersal Species Committee and the Commission's 
Summer Flounder, Scup, and Black Sea Bass Management Board then 
consider the monitoring committees' recommendations and any public 
comment in making their recommendations to the Council and the 
Commission, respectively. The Council reviews the recommendations of 
the Demersal Species Committee, makes its own recommendations, and 
forwards them to NMFS for review. The Commission similarly adopts 
recommendations for the states. NMFS is required to review the 
Council's recommendations to ensure that they are consistent with the 
targets specified for each species in the FMP and all applicable laws 
and Executive Orders before ultimately implementing measures for 
Federal waters.
    In this rule, NMFS proposes management measures for the 2015 summer 
flounder, scup, and black sea bass recreational fisheries consistent 
with the recommendations of the Council. All minimum fish sizes 
discussed are total length measurements of the fish, i.e., the 
straight-line distance from the tip of the snout to the end of the tail 
while the fish is lying on its side. For black sea bass, total length 
measurement does not include the caudal fin tendril. All possession 
limits discussed below are per person per trip.

Proposed 2015 Recreational Management Measures

    NMFS is proposing the following measures that would apply in the

[[Page 25657]]

Federal waters of the EEZ. These measures apply to all federally 
permitted party/charter vessels with applicable summer flounder, scup, 
or black sea bass permits, regardless of where they fish, unless the 
state in which they land implements measures that are more restrictive. 
These measures are intended to achieve, but not exceed, the previously 
established recreational harvest limits for these fisheries (December 
30, 2014; 79 FR 78311). For summer flounder, we are proposing the use 
of state-by-state or regional conservation equivalency measures, which 
are the status quo measures; for scup, a 9-inch (25.4-cm) minimum fish 
size, a 50-fish per person possession limit, and an open season of 
January 1 through December 31; and, for black sea bass, a 12.5-inch 
(31.8-cm) minimum fish size, and a 15-fish per person possession limit 
for open seasons of May 15 through September 18 and October 22 through 
December 31. NMFS may implement more restrictive black sea bass 
measures, as recommended by the Council (i.e., a 14-inch (35.6-cm) 
minimum fish size, a 3-fish per person possession limit, and an open 
season of July 15-September 15), for Federal waters if the Commission 
is unable to develop and implement state-waters measures that, when 
paired with the Council's recommended measures, provide the necessary 
conservation to ensure the 2015 recreational harvest limit will not be 
exceeded. More detail on these proposed measures is provided in the 
following sections.

Summer Flounder Recreational Management Measures

    NMFS proposes to implement the Council and Commission's 
recommendation to use conservation equivalency to manage the 2015 
summer flounder recreational fishery. The 2015 recreational harvest 
limit for summer flounder is 7.38 million lb (3,347 mt). Projected 
landings for 2014 are approximately 7.33 million lb (3,324 mt), just 
below the recreational harvest limit for 2015. As a result, the 2015 
recreational landings should be maintained relative to 2014 to prevent 
the recreational harvest limit from being exceeded.
    Conservation equivalency, as established by Framework Adjustment 2 
(July 29, 2011; 66 FR 36208), allows each state to establish its own 
recreational management measures (possession limits, minimum fish size, 
and fishing seasons) to achieve its state harvest limit partitioned by 
the Commission from the coastwide recreational harvest limit, as long 
as the combined effect of all of the states' management measures 
achieves the same level of conservation as would Federal coastwide 
measures. Framework Adjustment 6 (July 26, 2006; 71 FR 42315) allowed 
states to form regions for conservation equivalency in order to 
minimize differences in regulations for anglers fishing in adjacent 
waters.
    The Council and Board annually recommend that either state- or 
region-specific recreational measures be developed (conservation 
equivalency) or that coastwide management measures be implemented to 
ensure that the recreational harvest limit will not be exceeded. Even 
when the Council and Board recommend conservation equivalency, the 
Council must specify a set of coastwide measures that would apply if 
conservation equivalency is not approved for use in Federal waters.
    When conservation equivalency is recommended, and following 
confirmation that the proposed state or regional measures developed 
through the Commission's technical and policy review processes achieve 
conservation equivalency, NMFS may waive the permit condition found at 
Sec.  648.4(b), which requires Federal permit holders to comply with 
the more restrictive management measures when state and Federal 
measures differ. In such a situation, federally permitted summer 
flounder charter/party permit holders and individuals fishing for 
summer flounder in the EEZ would then be subject to the recreational 
fishing measures implemented by the state in which they land summer 
flounder, rather than the coastwide measures.
    In addition, the Council and the Board must recommend precautionary 
default measures when recommending conservation equivalency. The 
Commission would require adoption of the precautionary default measures 
by any state that either does not submit a summer flounder management 
proposal to the Commission's Summer Flounder Technical Committee, or 
that submits measures that would exceed the Commission-specified 
harvest limit for that state.
    Much of the conservation equivalency measures development process 
happens at both the Commission and the individual state level. The 
selection of appropriate data and analytical techniques for technical 
review of potential state conservation equivalent measures and the 
process by which the Commission evaluates and recommends proposed 
conservation equivalent measures is wholly a function of the Commission 
and its individual member states. Individuals seeking information 
regarding the process to develop specific state measures or the 
Commission process for technical evaluation of proposed measures should 
contact the marine fisheries agency in the state of interest, the 
Commission, or both.
    The Commission has implemented an addendum to its Summer Flounder 
FMP (Addendum XXVI) to continue regional conservation equivalency for 
fishing year 2015. The Commission has adopted the following regions, 
identical to the regions used in 2014: (1) Massachusetts; (2) Rhode 
Island; (3) Connecticut, New York, and New Jersey; (4) Delaware, 
Maryland, and Virginia; and (5) North Carolina. Each state within a 
region is required by the Council and Commission FMPs to have identical 
measures. In order to provide the maximum amount of flexibility and to 
continue to adequately address the state-by-state differences in fish 
availability, each state in a region is required to establish fishing 
seasons of the same length, identical minimum fish sizes, and identical 
possession limits. The Commission will need to certify that these 
measures, in combination, are the conservation equivalent of coastwide 
measures that would be expected to result in the recreational harvest 
limit being achieved, but not exceeded. More information on this 
addendum is available from the Commission (www.asmfc.org).
    Once the states and regions select their final 2015 summer flounder 
management measures through their respective development, analytical, 
and review processes and submit them to the Commission, the Commission 
will conduct further review and evaluation of the submitted proposals, 
ultimately notifying NMFS as to which proposals have been approved or 
disapproved. NMFS has no overarching authority in the development of 
state or Commission management measures, but is an equal participant 
along with all the member states in the review process. NMFS retains 
the final authority either to approve or to disapprove the use of 
conservation equivalency in place of the coastwide measures in Federal 
waters, and will publish its determination as a final rule in the 
Federal Register to establish the 2015 recreational measures for these 
fisheries.
    States that do not submit conservation equivalency proposals, or 
whose proposals are disapproved by the Commission, will be required by 
the Commission to adopt the precautionary default measures. In the case 
of states that are initially assigned precautionary default measures, 
but subsequently receive Commission approval of revised state measures, 
NMFS will publish a notice in the Federal Register

[[Page 25658]]

announcing a waiver of the permit condition at Sec.  648.4(b).
    The 2015 precautionary default measures recommended by the Council 
and Board are for a 20.0-inch (50.8-cm) minimum fish size, a possession 
limit of two fish, and an open season of May 1 through September 30, 
2015.
    In this action, NMFS proposes to implement conservation equivalency 
with a precautionary default backstop, as previously outlined, for 
states that either fail to submit conservation equivalent measures or 
whose measures are not approved by the Commission. NMFS proposes the 
alternative of coastwide measures (18-inch (45.7-cm) minimum size, 4-
fish possession limit, May 1-September 30 open fishing season), if 
conservation equivalency is not approved in the final rule.

Scup Recreational Management Measures

    NMFS is proposing to implement the Council and Commission's 
recommended scup recreational management measures for 2015 in Federal 
waters. The proposed measures for the 2015 scup recreational fishery 
are: 9-inch (22.9-cm) minimum fish size; 50-fish per person per trip 
possession limit; and an open season of January 1 through December 31.
    The 2015 scup recreational harvest limit is 6.80 million lb (3,084 
mt). Estimated 2014 scup recreational landings are 4.46 million lb 
(2,023 mt); therefore, no reduction in landings is needed. The increase 
in the possession limit from 30 to 50 fish is intended to promote an 
increase in recreational scup fishing in order to more fully achieve, 
but not exceed, the recreational harvest limit.

Black Sea Bass Recreational Management Measures

    NMFS is proposing to implement the Council's recommended 
recreational management measures to constrain landings for black sea 
bass. The 2015 black sea bass recreational harvest limit is 2.33 
million lb (1,056 mt). The 2014 projected landings are 3.45 million lb 
(1,115 mt). This requires a 33-percent reduction in 2015 landings 
relative to 2014.
    Recreational black sea bass catch occurs primarily in state waters 
in the states of New Jersey through Massachusetts (i.e., the northern 
region). Since 2011, the management measures in the northern region 
have been more restrictive than in Federal waters. The northern states, 
through the Commission process, are expected to implement measures to 
achieve a 33-percent reduction in landings from each state. This 
reduction, in combination with the Council's recommendation of 
maintaining the status quo measures in Federal waters, are intended to 
achieve, but not exceed, the recreational harvest limit and 
recreational annual catch limit in 2015. The southern region states 
(Delaware through Cape Hatteras, North Carolina) are expected to 
implement state waters measures that are identical to the proposed 
Federal measures.
    In 2012, recreational black sea bass catch exceeded the annual 
catch limit of 2.52 million lb (1,143 mt) by 129 percent. In 2013, 
recreational black sea bass catch exceeded the annual catch limit of 
2.9 million lb (1,315 mt) by 5 percent. Because the average catch 
exceeds the average annual catch limit, as described in the 
regulations, an accountability measure is applicable to the 2015 
fishery. An accountability measure was implemented for the 2014 fishing 
year because of the 2012 overage. The proposed 2015 measures are 
functionally the same as those implemented last year to comply with the 
accountability measure (12.5-inch (31.8-cm) minimum size, 15-fish 
possession limit, and 201-day fishing season). Continuing these 
regulations preserves the accountability measure that was applied last 
year; as such, no further accountability measures are necessary for 
2015.
    We are proposing the Council's recommended Federal waters measures, 
a 12.5-inch (31.8-cm) minimum size, 15-fish possession limit, and open 
seasons of May 15-September 21 and October 22-December 31. This 
proposal is contingent upon the northern region, established under the 
Commission's Addendum XXV, implementing the required 33-percent 
reduction in their state regulations. If the northern region's measures 
do not meet the required reduction, NMFS is proposing the Council's 
default recommendation of a 14-inch (35.6-cm) minimum size, a 3-fish 
possession limit, and an open season of July 15-September 15 (i.e., a 
63-day fishing season.)

Additional Regulatory Change

    This rule would also clarify the regulations for summer flounder, 
scup, and black sea bass to indicate that the the possession limits are 
per person, per trip. While it is clear in the FMP and subsequent 
amendments and framework adjustments that the possession limits are 
intended to apply for the entirety of a fishing trip, the regulations 
were less specific. This action would correct that oversight.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    The Council conducted an evaluation of the potential socioeconomic 
impacts of the proposed measures in conjunction with a supplemental 
information report. These analyses identified 856 federally permitted 
charter/party vessels in the Greater Atlantic Region that could be 
affected by the proposed change. However, only 350 federally permitted 
charter/party vessels are expected to participate in these fisheries 
this year. There were 326 unique business entities associated with 
those 350 vessels, 299 are classified as for-hire businesses, 22 are 
finfish businesses, and 5 are shellfish businesses. One of the 
shellfish businesses potentially impacted by this rule is considered a 
``large'' shellfish business; all of the other businesses are 
considered ``small'' by the respective Small Business Administration's 
size standards. The proposed measure would continue the use of 
conservation equivalency for summer flounder, moderately increase the 
possession limit for scup in Federal waters, and implement a minor 
adjustment to the black sea bass recreational fishing season in Federal 
waters to account for a previous rulemaking. The proposed action would 
result in essentially status quo measures for these fisheries in 
Federal waters. Analysis conducted by the Council indicates that these 
measures would have a minimal, potentially slightly positive, impact on 
regulated entities.
    Because this rule will not have a significant economic impact on a 
substantial number of small entities, an initial regulatory flexibility 
analysis is not required and none has been prepared.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

[[Page 25659]]

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 27, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be 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. Section 648.106, paragraphs (a) and (c) are revised to read as 
follows:


Sec.  648.106  Summer flounder possession restrictions.

    (a) Party/charter and recreational possession limits. Unless 
otherwise specified pursuant to Sec.  648.107, no person shall possess 
more than four summer flounder in, or harvested from, the EEZ, per trip 
unless that person is the owner or operator of a fishing vessel issued 
a summer flounder moratorium permit, or is issued a summer flounder 
dealer permit. Persons aboard a commercial vessel that is not eligible 
for a summer flounder moratorium permit are subject to this possession 
limit. The owner, operator, and crew of a charter or party boat issued 
a summer flounder moratorium permit are subject to the possession limit 
when carrying passengers for hire or when carrying more than five crew 
members for a party boat, or more than three crew members for a charter 
boat. This possession limit may be adjusted pursuant to the procedures 
in Sec.  648.102.
* * * * *
    (c) Summer flounder harvested by vessels subject to the possession 
limit with more than one person on board may be pooled in one or more 
containers. Compliance with the possession limit will be determined by 
dividing the number of summer flounder on board by the number of 
persons on board, other than the captain and the crew. If there is a 
violation of the possession limit on board a vessel carrying more than 
one person, the violation shall be deemed to have been committed by the 
owner and operator of the vessel.
* * * * *
0
3. Section 648.107, paragraph (a) 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 Maine 
through North Carolina for 2015 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.
* * * * *
0
4. In Sec.  648.128, paragraphs (a) and (c) are revised to read as 
follows:


Sec.  648.128  Scup possession restrictions.

    (a) Party/Charter and recreational possession limits. No person 
shall possess more than 50 scup in, or harvested from, per trip the EEZ 
unless that person is the owner or operator of a fishing vessel issued 
a scup moratorium permit, or is issued a scup dealer permit. Persons 
aboard a commercial vessel that is not eligible for a scup moratorium 
permit are subject to this possession limit. The owner, operator, and 
crew of a charter or party boat issued a scup moratorium permit are 
subject to the possession limit when carrying passengers for hire or 
when carrying more than five crew members for a party boat, or more 
than three crew members for a charter boat. This possession limit may 
be adjusted pursuant to the procedures in Sec.  648.122.
* * * * *
    (c) Scup harvested by vessels subject to the possession limit with 
more than one person aboard may be pooled in one or more containers. 
Compliance with the possession limit will be determined by dividing the 
number of scup on board by the number of persons aboard other than the 
captain and crew. If there is a violation of the possession limit on 
board a vessel carrying more than one person, the violation shall be 
deemed to have been committed by the owner and operator.
* * * * *
0
5. Section 648.145, paragraphs (a) and (c) are revised to read as 
follows:


Sec.  648.145  Black sea bass possession limit.

    (a) During the recreational fishing season specified at Sec.  
648.146, no person shall possess more than 15 black sea bass in, or 
harvested from, per trip the EEZ unless that person is the owner or 
operator of a fishing vessel issued a black sea bass moratorium permit, 
or is issued a black sea bass dealer permit. Persons aboard a 
commercial vessel that is not eligible for a black sea bass moratorium 
permit may not retain more than 15 black sea bass during the 
recreational fishing season specified at Sec.  648.146. The owner, 
operator, and crew of a charter or party boat issued a black sea bass 
moratorium permit are subject to the possession limit when carrying 
passengers for hire or when carrying more than five crew members for a 
party boat, or more than three crew members for a charter boat. This 
possession limit may be adjusted pursuant to the procedures in Sec.  
648.142.
* * * * *
    (c) Black sea bass harvested by vessels subject to the possession 
limit with more than one person aboard may be pooled in one or more 
containers. Compliance with the possession limit will be determined by 
dividing the number of black sea bass on board by the number of persons 
aboard, other than the captain and the crew. If there is a violation of 
the possession limit on board a vessel carrying more than one person, 
the violation shall be deemed to have been committed by the owner and 
operator of the vessel.
* * * * *
0
6. Section 648.146 is revised to read as follows:


Sec.  648.146  Black sea bass recreational fishing season.

    Vessels that are not eligible for a moratorium permit under Sec.  
648.4(a)(7), and fishermen subject to the possession limit specified in 
Sec.  648.145(a), may only possess black sea bass from May 15 through 
September 21, and October 22 through December 31, unless this time 
period is adjusted pursuant to the procedures in Sec.  648.142.

[FR Doc. 2015-10434 Filed 5-4-15; 8:45 am]
 BILLING CODE 3510-22-P