[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Rules and Regulations]
[Pages 24945-24947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11606]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180220193-8488-02]
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: Final rule.

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SUMMARY: NMFS announces 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. 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: This rule is effective May 31, 2018.

ADDRESSES: 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 Management Measures

    In this rule, NMFS specifies 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 establishing measures that would apply 
in the Federal waters of the exclusive economic zone (EEZ). 
Additionally, 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).

2018 Summer Flounder Recreational Management Measures

    NMFS is implementing conservation equivalency to manage the 2018 
summer flounder recreational fishery, as proposed on April 11, 2018 (83 
FR 15535). These measures are consistent with the recommendation of the 
Council and Commission. Additional information on the development of 
these measures is provided in the proposed rule and not repeated here.
    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 harvest limit established 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 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 Commission is maintaining the provisions of Addendum XXVIII to 
its fishery management plan (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; (5) Delaware, Maryland, and Virginia; and (6) North 
Carolina. The Commission's Summer Flounder Management Board specified 
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. 
The cap on liberalization is to address concerns that

[[Page 24946]]

overages may occur if catch and effort rates increase in 2018. More 
information on Addendum XXVIII is available from the Commission 
(www.asmfc.org).
    The Commission certified, by a letter dated April 26, 2018, that 
the Addendum XXVIII measures implemented by individual states and 
regions, when combined, are the conservation equivalent of coastwide 
measures that would be expected to result in the 2018 recreational 
harvest limit being achieved, but not exceeded.
    Based on the Commission's recommendation, we find that the 2018 
recreational fishing measures required to be implemented in state 
waters are, collectively, the conservation equivalent of the season, 
minimum size, and possession limit prescribed in 50 CFR 648.104(b), 
648.105, and 648.106(a). According to Sec.  648.107(a)(1), vessels 
subject to the recreational fishing measures are not subject to Federal 
measures, and instead are subject to the recreational fishing measures 
implemented by the state in which they land. Section 648.107(a) is 
amended through this rule to recognize state-implemented measures as 
conservation equivalent of the coastwide recreational management 
measures for 2018.
    In addition, this action implements default coastwide measures (a 
19-inch (48.3-cm) minimum size, 4-fish possession limit, and May 15 
through September 15 open fishing season), that become effective 
January 1, 2019, when the 2018 conservation equivalency program 
expires. These measures will remain effective until replaced by the 
2019 recreational management measures in the spring of next year.

Scup Recreational Management Measures

    This rule maintains status quo scup measures for the 2018 fishery: 
A 9-inch (22.9-cm) minimum fish size, 50-fish per person possession 
limit, and year-round season.

Black Sea Bass Recreational Management Measures

    NMFS is extending the Federal waters black sea bass recreational 
season by removing a closure that occurs from September 22 through 
October 21 and maintaining the current possession limit and minimum 
size. The following measures are implemented for the 2018 fishing year 
in Federal waters: A 15-fish possession limit, a 12.5-inch (31.75-cm) 
minimum size, and an open season from May 15-December 31.
    On May 4, 2018, the Commission submitted a letter stating that the 
recreational black sea bass fishing measures to be implemented by the 
states are projected to restrict the recreational coastwide landings to 
the 2018 recreational harvest limit of 3.66 million lb (1,661 mt). The 
Commission adjusted management measures contained in Addendum XXX 
following an appeal from the Northern Region (Massachusetts, 
Connecticut, Rhode Island, and New York). The revised management 
program is designed to meet the needs of the Northern Region without 
impacting the remaining states, while still constraining harvest to the 
recreational harvest limit.
    Based on the Commission's letter, NMFS has determined that the 
measures that the states have committed to implement are sufficient to 
restrain catch appropriately. As a result, NMFS is able to implement 
the measures outlined in the proposed rule in Federal waters.

Comments and Responses

    On April 11, 2018, NMFS published the proposed measures for the 
2018 summer flounder, scup, and black sea bass recreational fisheries 
for public notice and comments. NMFS received 46 comments. Only one of 
these comments was directly pertinent to the proposed Federal 
recreational measures. The commenter offered alternative measures to 
consider, suggesting a 5-fish possession limit for summer flounder, a 
40-fish possession limit for scup with a 9-inch minimum size, and an 
unspecified possession limit higher than the current 15-fish possession 
limit for black sea bass. This commenter did not provide a rationale 
for why these measures would be appropriate or why the measures 
developed by the Council must be disapproved by NMFS. The remaining 
comments spoke directly to the Northern Region's black sea bass appeal, 
which was resolved by the Commission to meet the needs of the Northern 
Region without impacting the remaining states, addressed state-specific 
measures outside the scope of this action, offered general concerns 
over Marine Recreational Information Program estimates, or relayed 
general complaints over the management of black sea bass. No changes to 
the final rule are made based on these comments.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
these management measures are necessary for the conservation and 
management of the summer flounder, scup, and black sea bass fisheries 
and that they are consistent with the Magnuson-Stevens Act and other 
applicable laws.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness 
period for this rule, to ensure that the final management measures are 
in place as soon as possible.
    This rule is being issued at the earliest possible date. 
Preparation of the proposed rule was dependent on the submission of the 
EA in support of these recreational management measures that is 
developed by the Council. A complete document was received by NMFS in 
April 2018. Documentation in support of the Council's recommended 
management measures is required for NMFS to provide the public with 
information from the environmental and economic analyses, as required 
in rulemaking, and to evaluate the consistency of the Council's 
recommendation with the Magnuson-Stevens Act and other applicable law. 
The proposed rule published on April 11, 2018, with a 15-day comment 
period ending April 26, 2018.
    The more restrictive Federal coastwide regulatory measures for 
summer flounder that were codified last year remain in effect until the 
2018 recreational measures are made effective. Although the states' 
summer flounder fisheries are already open, additional delay in 
implementing the measures of this rule will increase confusion on what 
measures are in place in Federal waters. This would create 
inconsistencies between state and federal measures and increase the 
likelihood of illegal landings due to misunderstood regulations.
    Unlike actions that require an adjustment period to comply with new 
rules, charter/party operators will not have to purchase new equipment 
or otherwise expend time or money to comply with these management 
measures. Rather, complying with this final rule simply means adhering 
to the published management measures for each relevant species of fish 
while the charter/party operators are engaged in fishing activities.
    For these reasons, the Assistant Administrator finds good cause to 
waive the 30-day delay and to make this rule effective upon publication 
in the Federal Register.
    This final 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 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

[[Page 24947]]

proposed rule and is not repeated here. Two comments were received that 
mentioned perceived economic impacts of state waters measures, which is 
outside the scope of this action and results from decisions made by the 
Commission. A final regulatory flexibility analysis is not required and 
none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 24, 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 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 paragraph (a) introductory text 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.  
648.104(b), 648.105, and 648.106. 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. 2018-11606 Filed 5-30-18; 8:45 am]
 BILLING CODE 3510-22-P