[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Proposed Rules]
[Pages 780-782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00065]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 171023999-7999-01]
RIN 0648-BH35


Fisheries of the Northeastern United States; Black Sea Bass 
Fishery; 2018 February Recreational Management Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes recreational management measures for a February 
2018 black sea bass fishery. The proposed action is intended to provide 
additional recreational black sea bass fishing opportunities while 
maintaining management measures to prevent overfishing. This action is 
also intended to inform the public of these proposed measures and to 
provide an opportunity for comment.

DATES: Comments must be received by 5 p.m. local time, on January 23, 
2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0151, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0151,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
--OR--
    Mail: Submit written comments to John Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope: 
``Comments on the Proposed Rule for 2018 Black Sea Bass February 
Recreational Fishery.''
    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 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).
    A draft environmental assessment (EA) has been prepared for this 
action that describes the proposed measures and other considered 
alternatives, as well as provides an analysis of the impacts of the 
proposed measures and alternatives. Copies of this draft EA, including 
the Regulatory Flexibility Act Analysis (RFAA) and Regulatory Impact 
Review (RIR), are available online at 
www.greateratlantic.fisheries.noaa.gov, or on request from John 
Bullard, Regional Administrator, National Marine Fisheries Service, 55 
Great Republic Drive, Gloucester, MA 01930.

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

SUPPLEMENTARY INFORMATION: 

General Background

    The Mid-Atlantic Fishery Management Council and the Atlantic States 
Marine Fisheries Commission jointly manage the summer flounder, scup, 
and black sea bass fisheries under the provisions of the Summer 
Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). The 
management unit specified in the FMP for black sea bass (Centropristis 
striata) is U.S. waters of the Atlantic Ocean from 35 E 13.3' N lat. 
(the latitude of Cape Hatteras Lighthouse, Buxton, North Carolina) 
north to the U.S./Canada border. States manage black sea bass through 
the Commission's plan within 3 nautical miles (4.83 km) of their 
coasts. The applicable Federal regulations govern vessels and 
individual anglers fishing in Federal waters of the exclusive economic 
zone

[[Page 781]]

(EEZ), as well as vessels possessing a Federal black sea bass charter/
party vessel permit, regardless of where they fish. The recreational 
fishery is essentially managed with four parts: The recreational 
harvest limit; the open season; minimum fish size; and a per-angler 
possession limit. The recreational harvest limit is established based 
on the specifications formula in the FMP. The open season, minimum fish 
size, and bag limit are collectively referred to as the ``recreational 
management measures.''

Action Background

    In 2017, the results of the 2016 benchmark assessment showed that 
the black sea bass stock is not overfished, overfishing is not 
occurring, and biomass is 2.3 times higher than the biomass target. 
These findings led both the Council and Commission to reconsider 
reopening a recreational Wave 1 (January and February) black sea bass 
fishery in 2018 as a way to increase access and recreational fishing 
opportunity while still constraining landings within the recreational 
harvest limit. The current Federal recreational black sea fishing 
seasons are May 15 through September 21 and October 22 through December 
31, and the last time this fishery was open during Wave 1 was in 2013.
    In October 2017, both the Council and Commission approved the 
addition of a February-only black sea bass recreational season for 
2018, with the continued recreational measures of a 15-fish per-angler 
possession limit, and a 12.5-inch (31.75-cm) minimum size. The Council 
also agreed to work on the implementation of a winter recreational 
Letter of Authorization (LOA) program for 2019 and beyond. The LOA 
program would provide more robust monitoring and reporting for a 
limited winter recreational fishery; however, changes of this magnitude 
require a framework adjustment to the FMP and cannot be developed in 
time for 2018.

Proposed Action

    This action proposes to revise the current 2018 Federal 
recreational management measures for black sea bass to include an 
additional 28-day fishing season during the month of February. The 
current recreational management measures of a 12.5-inch (31.75-cm) 
minimum fish size and 15-fish possession limit would also apply. To 
account for expected harvest during this February season, the Council 
and Commission calculated a catch estimate of 100,000 lb (45.36 mt). 
Because there are no Marine Recreational Information Program survey 
data for Wave 1 in the black sea bass fishery, this catch estimate is 
based on 2013 vessel trip report (VTR) data from federally permitted 
for-hire vessels that was expanded to account for potential effort from 
the private/rental and shore modes. We propose to reduce the 2018 black 
sea bass recreational harvest limit (3.66 million lb, 1,661 mt) by the 
estimated catch of 100,000 lb (45.36 mt), consistent with the Council 
and Commission recommendation. However, only states that participate in 
the proposed February fishery will be accountable for this estimated 
catch. Participating states would be required to adjust measures for 
the remainder of 2018, developed through the Commission process, to 
account for the estimated February catch.
    This action is only intended to be in place for the 2018 fishing 
year. The intent of this proposed action is to allow for some 
recreational fishing access during Wave 1 in 2018 while the long-term 
framework adjustment is developed. The Council and Commission will 
develop and make recommendations on management measures for the 
remainder of the 2018 recreational fishery, including those to 
accommodate this additional winter season, throughout the spring of 
2018.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
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.
    NMFS prepared an initial regulatory flexibility analysis (IRFA), as 
required by section 603 of the Regulatory Flexibility Act (RFA), to 
examine the impacts of this proposed rule on small business entities, 
if adopted. A description of the management measures, why they are 
being considered, and the legal basis for this action are contained at 
the beginning of this section and in the preamble to this proposed 
rule. A copy of the RFA analysis is available from NMFS (see 
ADDRESSES).

Description of the Reasons Why Action by the Agency Is Being Considered

    This action proposes a revision to the 2018 Federal recreational 
management measures for black sea bass to include an additional 28-day 
fishing season during the month of February. The proposed measures 
would increase recreational fishing access and opportunity while still 
constraining landings within the recreational harvest limit.

Statement of the Objectives of, and Legal Basis for, This Proposed Rule

    The legal basis and objectives for this action are contained in the 
preamble to this proposed rule, and are not repeated here.

Description and Estimate of the Number of Small Entities to Which This 
Proposed Rule Would Apply

    The North American Industry Classification System (NAICS) is the 
standard used by Federal statistical agencies in classifying business 
establishments for the purpose of collecting, analyzing, and publishing 
statistical data related to the U.S. business economy. A business 
primarily engaged in for-hire fishing activity is classified as a small 
business if it has combined annual receipts not in excess of $7.5 
million (NAICS 11411) for RFA compliance purposes only.
    This proposed rule affects recreational fish harvesting entities 
engaged in the black sea bass fishery. Individually permitted vessels 
may hold permits for several fisheries, harvesting species of fish that 
are regulated by several different FMPs, even beyond those affected by 
the proposed action. Furthermore, multiple-permitted vessels and/or 
permits may be owned by entities affiliated by stock ownership, common 
management, identity of interest, contractual relationships, or 
economic dependency. For the purposes of RFA analysis, the ownership 
entities, not the individual vessels, are considered to be the 
regulated entities.
    Ownership entities (firms) are defined as those entities with 
common ownership personnel as listed on the permit application. Only 
permits with identical ownership personnel are categorized as an 
ownership entity. For example, if five permits have the same seven 
persons listed as co-owners on their permit applications, those seven 
persons would form one ownership entity that holds those five permits. 
If two of those seven owners also co-own additional vessels, that 
ownership arrangement would be considered a separate ownership entity 
for the purpose of this analysis.
    The current ownership data set used for this analysis is based on 
calendar year 2016 (the most recent complete year available) and 
contains average gross sales associated with those

[[Page 782]]

permits for calendar years 2014 through 2016. The ownership data for 
the for-hire fleet indicate that there were 406 for-hire permits that 
generated revenues from recreational fishing for various species during 
the 2014-2016 period. Of these permits there were 328 that were not 
affiliated with any other ownership group. The remaining 78 for-hire 
vessels were comprised of affiliated ownership groups with between 2 
and 6 for-hire vessels for a total of 359 for-hire affiliate firms; all 
of which are categorized as small businesses. Based on the three-year 
average (2014-2016) combined gross receipts from all fishing 
activities, including commercial fishing, these affiliated entities 
earned 99% of all sales from their for-hire business. The aggregate 
three-year average earnings from all for-hire fishing activity for 
these small entities was $53.1 million. Three-year average receipts per 
entity ranged from under $10,000 for 99 small entities to over one 
million dollars for 11 small entities. Although it is not possible to 
derive what proportion of the overall revenues came from specific 
fishing activities, further analysis conducted by the Council and NMFS 
during the development of this action identified that in 2016 there 
were 291 for-hire entities that recreationally caught black sea bass 
catch. In 2013, the last year that a Wave 1 recreational black sea bass 
fishery was open, 331 for-hire firms caught black sea bass 
recreationally; however, only 39 of those were active during the Wave 1 
period. While these are the best available estimates of potential 
participation in the February season proposed by this action, these 
numbers are not necessarily indicative of the number of entities that 
will actually participate. Through this IRFA we are soliciting feedback 
from participants to more effectively gauge potential impacts of this 
action.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of This Proposed Rule

    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    NMFS is not aware of any relevant Federal rules that may duplicate, 
overlap, or conflict with this proposed rule.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    The proposed measures to open a February season are designed to 
increase fishing opportunity in the 2018 recreational black sea bass 
fishery while maintaining harvest within the recreational harvest limit 
and annual catch limit. Business entities that hold charter/party 
permits and are active participants in the fishery may benefit if they 
decide to participate in this new fishing season. This action would 
allow recreational access to black sea bass in Federal waters during 
the month of February, when there are fewer other species available to 
target. This adds to the revenue potential for charter/party entities 
in this ``off'' season. Even accounting for some level of reduced black 
sea bass catch in the later, peak summer and fall seasons to balance 
out harvest from this extra season, charter/party entities should be 
able to continue to generate revenue and book trips by supplementing 
business with other available target species during the peak fishing 
seasons. Therefore, the economic impacts of this action are expected to 
be minimally positive. Because the exact number of participants in this 
fishery are unknown at this time, it is not possible to quantify the 
degree of potential economic benefit that the Federal fishery may have. 
Similarly, because the full 2018 fishing year measures will not be 
developed until spring of 2018, we cannot determine how substantial the 
changes may be that are required for participating states. It is 
expected that entities could offset the effects of potential reductions 
during peak black sea bass seasons by targeting other species. The 
earlier we gain an understanding of the level of interest and potential 
participation in this February season, the better we can accurately 
analyze the potential impacts of this action on small entities.
    There were two alternatives (status quo and opening during both 
January and February) to the proposed action that were also considered. 
The status quo alternative maintains the current recreational seasons 
for black sea bass (May 15 through September 21, and October 22 through 
December 31), with no additional seasons or changes to the projected 
measures. This alternative is not preferred, as it does not take 
advantage of the favorable stock assessment report; nor increase any 
access or opportunity in the recreational black sea bass fishery.
    The Council also considered opening an additional recreational 
black sea bass season in 2018 for the entirety of Wave 1 (January and 
February). This alternative is similar to the preferred alternative, 
and would create more recreational fishing opportunity in winter 2018 
with a longer additional season. However, given the lack of 
recreational data available during Wave 1, the time constraints 
involved with developing and implementing a specifications rule by 
January, and the potential disproportionate impacts to state 
recreational fisheries later in the year because higher estimated catch 
would likely occur in a longer winter fishery, the Council preferred a 
shorter 2018 winter fishery.
    The Council recommended, and we are proposing, a February 
recreational fishery to satisfy the Magnuson-Stevens Act requirements 
to ensure fish stocks are not subject to overfishing, while allowing 
the greatest access to the fishery, and opportunity to achieve optimum 
yield.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 2, 2018.
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 648.146 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 February 1 
through February 28, 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. 2018-00065 Filed 1-5-18; 8:45 am]
 BILLING CODE 3510-22-P