[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Proposed Rules]
[Pages 15535-15538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07467]



[[Page 15535]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180220193-8193-01]
RIN 0648-BH79


Fisheries of the Northeastern United States; Recreational 
Management Measures for the Summer Flounder, Scup, and Black Sea Bass 
Fisheries; Fishing Year 2018

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 management measures for the 2018 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 summer flounder, scup, and black sea bass.

DATES: Comments must be received by April 26, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0038, 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-2018-
0038,
     Click the ``Comment Now!'' icon, complete the required 
fields
     Enter or attach your comments.

-OR-

    Mail: Submit written comments to Michael Pentony, 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 Environmental Assessment (EA) 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.mafmc.org/s/2018-sf-bsb-rec-measures-EA.pdf.

FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 
(978) 281-9244.

SUPPLEMENTARY INFORMATION:

Summary of Proposed Management Measures

    In this rule, NMFS proposes management measures for the 2018 summer 
flounder, scup, and black sea bass recreational fisheries consistent 
with the recommendations of the Mid-Atlantic Fishery Management Council 
(Council) and the Atlantic States Marine Fisheries Commission 
(Commission). NMFS is proposing measures that would apply in the 
Federal waters of the exclusive economic zone (EEZ). These measures 
apply to all Federally permitted party/charter vessels with applicable 
summer flounder, scup, and 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 2018 recreational harvest limits 
established in a final rule published on December 22, 2017 (82 FR 
60682).
    For summer flounder, we are proposing to continue the use of 
conservation equivalency measures for all the states, through the 
Commission, to determine the most appropriate measures to constrain 
landings to the 2018 recreational harvest limit. For scup, we are 
proposing to maintain the measures currently in place for 2017. For 
black sea bass, we propose to maintain the current minimum size and 
possession limits, but we propose to remove the current September 22-
October 22 closure, which would result in an open season from May 15-
December 31. The black sea bass measures are contingent upon the 
Commission constraining catch to the 2018 recreational harvest limit.

Background and Management Process

    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 Council 
and the 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 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 Process

    The Council process for recommending recreational management 
measures to NMFS for rulemaking is generically described below. 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 website 
(www.mafmc.org) or are available from the Council by request. 
Therefore, extensive background on the 2018 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 three fisheries for 
the upcoming fishing year. The FMP limits

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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. 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. Commission 
measures are final at the time they are adopted.

Summer Flounder Conservation Equivalency Process

    Conservation equivalency, as established by Framework Adjustment 2 
(July 29, 2001; 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 management target 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 
50 CFR 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 are 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.
    Once the states and regions select their final 2018 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 neither 
approves nor implements individual states' measures but retains the 
final authority either to approve or to disapprove the use of 
conservation equivalency in place of the coastwide measures in Federal 
waters. Additionally, we will publish our determination as a final rule 
in the Federal Register to establish the 2018 recreational measures for 
these fisheries.

2018 Summer Flounder Recreational Management Measures

    NMFS proposes to implement the Council's and Commission's 
recommendation to manage the 2018 summer flounder recreational fishery 
using conservation equivalency. The 2018 summer flounder recreational 
harvest limit is 4.42 million lb (2,004 mt), an increase from the 2017 
harvest limit of 3.77 million lb (1,711 mt). Preliminary estimates 
indicate that the 2017 recreational landings are 3.10 million lb (1,406 
mt). These 2017 projected landings are based on preliminary Marine 
Recreational Information Program (MRIP) estimates through Wave 6 
(November and December 2017).
    The Council and Commission approved conservation equivalency at 
their joint meeting, held in December 2017. At this meeting, the Board 
voted to maintain the provisions of Addendum XXVIII to its FMP, which 
continues regional conservation equivalency for fishing year 2018. The 
Commission maintained regions that are consistent with those in place 
since 2016: (1) Massachusetts; (2) Rhode Island; (3) Connecticut and 
New York; (4) New Jersey; (4) Delaware, Maryland, and Virginia; and (5) 
North Carolina. Rather than liberalize measures up to the 2018 harvest 
limit, the Board specified that any adjustments to state measures in 
2018 should result in no more than a 17-percent liberalization in 
coastwide harvest relative to the projected 2017 harvest of 3.23 
million lb (1,465 mt), the harvest estimate available at the December 
2017 meeting. The Board specified this maximum liberalization due to 
concerns about the status of the summer flounder stock, as well as 
concerns that harvest estimates for 2017 appeared to be anomalously low 
in terms of effort and landings, raising concerns that overages in 2018 
may occur under larger liberalization if catch and effort rates 
increase in 2018.
    NMFS proposes a suite of non-preferred coastwide measures, 
consistent with those adopted by the the Council and Board for 
implementation in 2018. Under conservation equivalency, the cumulative 
impact of the regional recreational measures should achieve the same 
constraints on harvest as the non-preferred coastwide measures. For 
2018, non-preferred coastwide measures approved by the Council and 
Board are a 19-inch (48.3-cm) minimum fish size, a 4-fish per person 
possession limit, and an open season from May 15-September 15.

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These measures are expected to constrain the overall recreational 
landings to the 2018 recreational harvest limit. If a jurisdiction's 
measures do not achieve the level of conservation required by the 
Commission, that state or region must implement the precautionary 
default measures. The 2018 precautionary default measures recommended 
by the Council and Board are identical to those in place for 2017: A 
20.0-inch (50.8-cm) minimum fish size; a 2-fish per person possession 
limit; and an open season of July 1-August 31, 2018.
    The Board reviewed and approved state and region proposals for 
modifying management at the Commission's February 8, 2018, meeting. 
With the exception of North Carolina, which intends to maintain status 
quo measures, all other regions have developed proposals for different 
2018 recreational management that would achieve, but not exceed, a 17-
percent liberalization of their 2017 harvest.

Scup Recreational Management Measures

    The 2018 scup recreational harvest limit is 7.37 million lb (3,342 
mt) and 2017 recreational landings are currently estimated at 4.68 
million lb (2,123 mt). The status quo management measures are a 9-inch 
(22.9-cm) minimum fish size, 50-fish per person possession limit, and 
year-round season. The Council recommends maintaining the existing 
management measures, as no changes are needed to ensure the 2018 
recreational harvest limit is not exceeded. As a result, we are 
proposing to maintain the current scup recreational management measures 
for 2018.

Black Sea Bass Recreational Management Measures

    The 2018 black sea bass recreational harvest limit is 3.66 million 
lb (1,661 mt), a decrease of nearly 15 percent from the 2017 harvest 
limit of 4.29 million lb (1,945 mt). The stock biomass remains well 
above the biomass target and overfishing is not occurring but the 
overall biomass is expected to decline as the large 2011 year class 
moves out of the population due to natural and fishing mortality. The 
Council's Monitoring Committtee and Commission's Technical Committee 
applied a smoothing technique to preliminary MRIP 2017 recreational 
landings through Wave 6 (November and December) to account for any 
anomalous estimates, which results in a 2017 harvest estimate of 3.55 
million lb (1,610 mt). This estimated harvest is 17 percent below the 
2017 harvest limit and 3 percent below the 2018 harvest limit.
    The Council recommends extending the current black sea bass 
recreational season by removing a closure that occurs from September 
22-October 21 and maintaining the current possession limit and minimum 
size. The following measures would apply to 2018: A 15-fish possession 
limit, a 12.5-inch (31.75-cm) minimum size, and a season from May 15-
December 31.
    At its February 2018 meeting, the Commission took final action on 
Addendum XXX, which establishes state recreational management measures 
designed to constrain catch to the 2018 recreational harvest limit and 
regionally allocates black sea bass using a combination of exploitable 
biomass information from the latest stock assessment and historical 
harvest. Ultimately, Massachusetts through New York will be allocated 
61.35 percent of the harvest limit, New Jersey will receive 30.24 
percent, and Delaware through North Carolina will receive 8.41 percent. 
To increase regional consistency in measures, each region will 
establish a standard set of measures, with each state in the region 
afforded the flexibility to adjust its minimum size by up to 1 inch 
(2.54 cm) and possession limit up to three fish.
    If the states do not implement measures to constrain catch to the 
2018 recreational harvest limit, the Council recommends a 14-inch 
(35.56-cm) minimum fish size and a five-fish possession limit with an 
open season of May 15-September 15. The Council and NMFS expect, based 
on February 2018 action by the Commission's Black Sea Bass Board, that 
these default measures will not be necessary. States presented regional 
proposals to the Technical Committee and Board in March 2018. These 
measures should constrain catch to the 2018 harvest limit.

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 Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel 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 an EA. According 
to the commercial ownership database, 359 for-hire affiliate firms 
generated revenues from recreational fishing for various species during 
the 2014-2016 period. All of those business affiliates are categorized 
as small businesses. It is not possible to derive what proportion of 
the overall revenues for these for-hire firms came from fishing 
activities for an individual species. Nevertheless, given the 
popularity of summer flounder and black sea bass as recreational 
species in the Mid-Atlantic and New England, revenues generated from 
these species are likely very important for many of these firms at 
certain times of the year. The 3 year average (2014-2016) combined 
gross receipts (all for-hire fishing activity combined) for these small 
entities was $53,454,121, ranging from less than $10,000 for 92 
entities (lowest value $238) to over $1,000,000 for 11 entities 
(highest value $2.8 million).
    The economic impacts of the proposed measures in this action will 
be affected in part by the specific set of measures implemented at the 
state level for summer flounder conservation equivalency, and for black 
sea bass regional management. These impacts are likely to vary by 
species and by state, and in the case of black sea bass, some states 
will need to restrict measures or maintain status quo measures, while 
liberalizations in measures may be allowed for other states.
    For summer flounder, this action would waive Federal measures in 
lieu of state measures designed to reach the 2018 harvest limit. 
Moderate liberalizations (17 percent relative to 2017 harvest) are 
expected to be implemented in most states for 2018. Thus, market demand 
may see a slight to moderate increase in 2018, although this is likely 
to vary by state depending on each state's current measures and how 
they choose to modify them in 2018. Under more liberal management 
measures in 2018, some anglers may transfer effort to summer flounder 
from other species (e.g., weakfish, striped bass, tautog, pelagics, 
etc.) resulting in very little change in overall fishing effort.
    In general, for black sea bass, this action proposes to liberalize 
measures in Federal waters by removing a 30-day mid-season closure, so 
long as the states implement measures to constrain catch to the 2018 
recreational harvest limit. The current possession limit and minimum 
size requirement would

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remain the same as in 2017. Removal of this mid-season closure reduces 
conflicts between Federal/state waters regulations and allows states 
more flexibility in setting their measures. Because the 2018 harvest 
limit has decreased by about 15 percent compared to 2017, 
liberalizations to state waters measures are not expected to be 
implemented, and in fact some states may need to slightly restrict or 
retain their existing measures compared to 2017 when evaluating the 
2017 harvest and the lower 2018 harvest limit. Measures in state waters 
are expected to be adjusted to be slightly more conservative for New 
York and states to the north. The states of Delaware through North 
Carolina will likely adopt the proposed Federal water measures, which 
may result in a slight increase in market demand in those states. 
However, these states account for only 7 percent of all the directed 
black sea bass trips taken coastwide. The Board will consider approval 
of final black sea bass state recreational measures in March 2018. 
Should the states ultimately not adopt measures that would constrain 
catch to the 2018 recreational harvest limit, the Council is also 
proposing more restrictive Federal measures that would appropriately 
constrain catch to meet that objective, but this would result in 
similar impacts as if the states implemented these measures themselves. 
The overall combination of management measures may be slightly more 
restrictive in 2018 compared to 2017, but not to a degree that is 
expected to substantially influence market demand for party/charter 
trips. Currently, the market demand for this sector is relatively 
stable. 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.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 6, 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. Revise Sec.  648.105 to read as follows:


Sec.  648.105  Summer flounder recreational fishing season.

    Unless otherwise specified pursuant to Sec.  648.107, vessels that 
are not eligible for a moratorium permit under Sec.  648.4(a)(3), and 
fishermen subject to the possession limit, may fish for summer flounder 
from May 15 through September 15. This time period may be adjusted 
pursuant to the procedures in Sec.  648.102.
0
3. In Sec.  648.107 revise introductory text to paragraph (a) 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 2018 are the conservation equivalent of the 
season, minimum size, and possession limit prescribed in Sec. Sec.  
648.105, 648.104(b), and 648.106, respectively. This determination is 
based on a recommendation from the Summer Flounder Board of the 
Atlantic States Marine Fisheries Commission.
* * * * *
0
4. Revise Sec.  648.146 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 
December 31, unless this time period is adjusted pursuant to the 
procedures in Sec.  648.142.

[FR Doc. 2018-07467 Filed 4-10-18; 8:45 am]
 BILLING CODE 3510-22-P