[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Rules and Regulations]
[Pages 24078-24079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10693]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170316276-7483-02]
RIN 0648-XF300


Fisheries of the Northeastern United States; Black Sea Bass 
Fishery; Revised 2017 and Projected 2018 Specifications

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

ACTION: Final rule.

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SUMMARY: In this rule, NMFS issues revised final 2017 and projected 
2018 specifications, and removes a previously implemented commercial 
fishery accountability measure for the 2017 black sea bass fishery. 
These actions are necessary to comply with regulations implementing the 
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, and 
to ensure compliance with the Magnuson-Stevens Fishery Conservation and 
Management Act. The intended effect of this rule is to revise 2017 
black sea bass catch limits to afford more opportunity to obtain 
optimum yield and to inform the public of projected changes to 2018 
catch limits.

DATES: Effective May 25, 2017, through January 1, 2018.

ADDRESSES: Copies of the specifications document, including the 
Environmental Assessment (EA), are available on request from Dr. 
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery 
Management Council, Suite 201, 800 North State Street, Dover, DE 19901. 
The specifications document is also accessible via the Internet at 
http://www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management 
Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION: 

Background

    Black sea bass are jointly managed by the Mid-Atlantic Fishery 
Management Council and the Atlantic States Marine Fisheries Commission 
as part of the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan (FMP). Specifications in these fisheries include 
various catch and landing subdivisions, such as the commercial and 
recreational sector annual catch limits (ACLs), annual catch targets 
(ACTs), and sector-specific landing limits (i.e., the commercial 
fishery quota and recreational harvest limit).
    On December 28, 2015, NMFS published a final rule implementing the 
Council's recommended 2016-2018 specifications for the black sea bass 
fishery (80 FR 80689). The Council intended to reconsider the 
specifications set for fishing year 2017 following completion of the 
next black sea bass benchmark assessment in late 2016/early 2017.
    As detailed in the proposed rule (82 FR 17964; April 14, 2017), the 
peer-reviewed assessment indicates that the black sea bass stock north 
of Cape Hatteras is not overfished and overfishing is not occurring. 
The spawning stock biomass in 2015 (the terminal year of the 
assessment) was estimated to be 2.3 times higher than the target and 
the fishing mortality rate was 25 percent below the overfishing 
threshold. Additional information on the assessment and the Council's 
recommendation are provided in the proposed rule and not repeated here. 
This final rule implements the Council's recommended black sea bass 
specifications for the 2017 fishing year and updates projected 
specifications for 2018. By providing projected specifications for 
2018, NMFS hopes to assist fishery participants in planning ahead. This 
rule also removes the commercial fishery accountability measure (AM) 
previously implemented to the 2017 fishing year (81 FR 93842; December 
22, 2016). Final 2018 specifications will be published in the Federal 
Register before the start of the 2018 fishing year (January 1, 2018) 
following the Council's review.
    NMFS will consider any needed changes to the 2017 recreational 
management measures (i.e., minimum fish size, per-angler possession 
limits, and fishing seasons) for black sea bass through a separate 
action before summer 2017.

Revised 2017 and Projected 2018 Black Sea Bass Specifications

    This rule implements the revised 2017 and projected 2018 acceptable 
biological catch (ABC) and commercial and recreational catch limits 
(Table 1), as outlined in the proposed rule.
    The revised 2017 specifications represent a 53-percent increase 
from the previously implemented 2017 commercial quota, and a 52-percent 
increase in the 2017 recreational harvest limit.

                              Table 1--Revised Black Sea Bass Specifications for 2017 and Projected Specifications for 2018
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                                                                                           Black sea bass specifications
                                                         -----------------------------------------------------------------------------------------------
                                                                  2017 (Current)                  2017 (Revised)                 2018 (Projected)
                                                         -----------------------------------------------------------------------------------------------
                                                            million lb          mt          million lb          mt          million lb          mt
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OFL.....................................................             n/a             n/a           12.05           5,467           10.29           4,669
ABC.....................................................            6.67           3,025           10.47           4,750            8.94           4,057
Commercial ACL..........................................            3.15           1,428            5.09           2,311            4.35           1,974
Commercial ACT..........................................          * 3.15         * 1,428            5.09           2,311            4.35           1,974
Estimated Commercial Discards...........................            0.44             198            0.97             442            0.83             377
Commercial Quota........................................          * 2.71         * 1,226            4.12           1,869            3.52           1,596
Recreational ACL........................................            3.52           1,597            5.38           2,439            4.59           2,083
Recreational ACT........................................            3.52           1,597            5.38           2,439            4.59           2,083
Estimated Recreational Discards.........................            0.70             317            1.09             494            0.93             422
Recreational Harvest Limit..............................            2.82           1,280            4.29           1,945            3.66           1,661
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* These commercial catch specifications were reduced by the AM implemented in December, 2016. The revised 2017 specifications rescind the AM reductions
  (see next section for details).


[[Page 24079]]

Removal of the 2017 Accountability Measure for the Commercial Fishery

    NMFS previously announced an AM applicable to the 2017 black sea 
bass commercial fishery in December 2016 (81 FR 93842). This AM was an 
automatic pound-for-pound payback of a 2015 fishing year ACL overage, 
resulting in a 30-percent quota reduction in 2017. If the new stock 
assessment had been available to set 2015 specifications, catch limits 
would have been considerably higher, and the 2015 ACL would not have 
been exceeded. Consistent with the rationale outlined in the proposed 
rule, we are not deducting the 2015 overage from these revised 2017 
specifications.

Comments and Responses

    On April 14, 2017, NMFS published the proposed revisions to the 
black sea bass specifications. NMFS received two comments on the 
proposed rule. Both commenters expressed support for the quota 
increases, noting the benefits for both the black sea bass and lobster 
industries. No changes to the proposed specifications were made as a 
result of these comments.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
these specifications are necessary for the conservation and management 
of the black sea bass fishery and that they are consistent with the 
Magnuson-Stevens Act and other applicable laws.
    The Acting Assistant Administrator for Fisheries, NOAA, finds good 
cause to waive the requirement for a 30-day delay in effectiveness 
period for this rule under 5 U.S.C. 553(d)(1) and (3), because a delay 
in its effectiveness would be unnecessary and contrary to the public 
interest. The delay would be unnecessary because this action imposes no 
new requirements or burdens on the public, therefore, the public need 
not take any steps to comply with this rule. The delay would be 
contrary to the public interest because this action provides economic 
benefits to fishery participants by substantially increasing both 
commercial and recreational catch limits, without resulting in 
overfishing. Failure to make this final rule effective immediately will 
undermine the intent of the rule, which is to promote the optimal 
utilization and conservation of the black sea bass resource. 
Furthermore, the revised 2017 specifications remove an accountability 
measure from the commercial fishery that had further restricted catch, 
so their timely implementation also relieves an additional constraint 
upon fishing opportunity. These changes would have been incorporated 
into the initial 2017 black sea bass specifications published in 
December 2016 (81 FR 93842), but final data from the peer-reviewed 
benchmark stock assessment was not released by the Northeast Fisheries 
Science Center until January 2017, and could not be reviewed by the 
Council and Commission until February 2017.
    Many states adjust their own quota management strategies to avoid 
overages in the commercial black sea bass fishery each year. If the 30-
day delay of effectiveness is not waived, unnecessarily restrictive 
state measures will remain in effect longer and put commercial vessels 
at a disadvantage. It is important to implement these changes as 
quickly as possible to prevent loss of potential catch and economic 
opportunity.
    If this final rule were delayed for 30 days, the fishery would 
forego some amount of landings and revenues during the delay period. 
For these reasons, a 30-day delay in effectiveness would be contrary to 
the public interest as this rule relieves quota-related restrictions. 
As a result, NMFS is waiving the requirement.
    This final rule is exempt from the procedures of E.O. 12866 because 
this action contains no implementing regulations.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification, and the initial certification remains 
unchanged. As a result, a final regulatory flexibility analysis is not 
required and none has been prepared.

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

    Dated: May 19, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-10693 Filed 5-24-17; 8:45 am]
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