[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Proposed Rules]
[Pages 50061-50062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21613]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 180709616-8616-01]
RIN 0648-BI07


Fisheries of the United States; Regulations for Striped Bass 
Fishing in the Block Island Transit Zone

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

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: NMFS issues this advance notice of proposed rulemaking (ANPR) 
to provide background information and make the public aware of a 
proposal to remove the current prohibition on recreational Atlantic 
striped bass fishing in the Block Island Transit Zone (Transit Zone) 
within the Federal exclusive economic zone (EEZ). The ANPR is in 
response to the 2018 Omnibus Appropriations Act which included the 
provision directing NOAA, in consultation with the Atlantic States 
Marine Fisheries Commission, to consider lifting the ban on striped 
bass fishing in the Federal Block Island Transit Zone. NMFS 
communicated the intent to issue this ANPR at the Atlantic States 
Marine Fisheries Commission's August 2018 public meeting. By this 
action, NMFS is soliciting public comment on options presented to 
regulate fishing for striped bass in the Transit Zone. In addition, 
comments on other options to improve management of Atlantic striped 
bass in the Transit Zone are welcomed and encouraged.

DATES: Written comments regarding the issues in this ANPR must be 
received by 5 p.m., local time, on November 19, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0106, by any 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-2018-0106, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Kelly Denit, Division 
Chief, Office of Sustainable Fisheries, 1315 East-West Highway, SSMC3, 
Silver Spring, MD 20910.
     Fax: 301-713-1193; Attn: Kelly Denit.
    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).

FOR FURTHER INFORMATION CONTACT: Kelly Denit, Division Chief, Office of 
Sustainable Fisheries, National Marine Fisheries Service, 301-427-8517.

SUPPLEMENTARY INFORMATION: 

Background

    Atlantic striped bass occur predominately within 12 nautical miles 
from shore, an area which includes both waters (0-3 miles from shore) 
under state jurisdiction, as well as portions of the Exclusive Economic 
Zone (3-200 miles from shore) under Federal jurisdiction. Management 
responsibility for Atlantic striped bass resides primarily with the 
coastal states, and interstate management occurs through the Atlantic 
State Marine Fisheries Commission's (Commission) Interstate Fisheries 
Management Plan for the Atlantic Striped Bass (ISFMP), first adopted in 
1981. In 1995, the Commission declared the Atlantic striped bass 
population fully restored and implemented Amendment 5 to the ISFMP to 
perpetuate the stock so as to allow a commercial and recreational 
harvest consistent with the long-term maintenance of the striped bass 
stock. The latest stock assessment update completed in 2016 determined 
that the Atlantic striped bass stock is not overfished or experiencing 
overfishing.
    NMFS promulgates regulations in Federal waters that are compatible 
with the Commission's ISFMP. The Atlantic Striped Bass Conservation Act 
(Pub. L. 100-589, 16 U.S.C. 5151, et seq.) sets forth the basis for 
Federal striped bass regulatory authority. Under the act, Federal 
Atlantic striped bass regulations must comply with the following: (1) 
Be consistent with the national standards in Section 301 of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) (16 U.S.C. 1851); (2) be compatible with the fishery 
management plan for managing Atlantic striped bass and each Federal 
moratorium in effect on fishing for Atlantic striped bass within the 
coastal waters of a coastal state; (3) ensure the effectiveness of 
State regulations on fishing for Atlantic striped bass within the 
coastal waters of a coastal state; and (4) be sufficient to assure the 
long-term conservation of Atlantic striped bass populations. Further, 
in developing the regulations, the Secretary is to consult with the 
Commission, the appropriate Regional Fishery Management Councils 
(Councils), and each affected Federal, state, and local government 
entity.
    Existing Federal regulations prohibit recreational and commercial 
fishing for Atlantic striped bass in the EEZ. The regulations do, 
however, allow fishers to transport Atlantic striped bass caught in 
adjoining state fisheries while transiting the Block Island Transit 
Zone (Transit Zone; 50 CFR 697.7). The Transit Zone is defined in NMFS 
regulations as the area of Federal waters within Block Island Sound, 
located between areas south of Montauk Point, New York, and Point 
Judith, Rhode Island. The Transit Zone area is unique because it is a 
small area of Federal waters (Block Island Sound) substantially bounded 
by state waters (Long Island, New York on one side, Block Island, Rhode 
Island on another, and the mainland of Connecticut and Rhode Island on 
a third side).
    NMFS is considering revising current regulations to authorize 
recreational fishing in the Block Island Transit Zone. This would allow 
recreational fishermen to harvest, retain, and transport striped bass 
within the Block Island Transit Zone. The ANPR is in response to the 
2018 Omnibus Appropriations Act (Pub. L. 115-141) which included the 
provision directing ``NOAA, in consultation with the Atlantic States 
Marine Fisheries

[[Page 50062]]

Commission, to consider lifting the ban on striped bass fishing in the 
Federal Block Island Transit Zone.'' NMFS communicated the intent to 
issue this ANPR to the Atlantic States Marine Fisheries Commission at 
the August 2018 meeting. NMFS is not proposing to allow commercial 
striped bass fishing in the Transit Zone, consistent with Executive 
Order 13449 (October 24, 2007; 72 FR 60531), ``Protection of Striped 
Bass and Red Drum Fish Populations,'' which declared it the policy of 
the United States to prohibit the sale of striped bass caught in the 
EEZ.

Public Comments

    To help determine the scope of issues to be addressed and to 
identify significant issues related to this action, NMFS is requesting 
public comments on this ANPR. The public is encouraged to submit 
comments related to the potential regulatory revisions described in 
this ANPR, as well as additional ideas to improve management of striped 
bass in the Block Island Transit Zone.

    Authority: 16 U.S.C. 1827a.

    Dated: September 28, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-21613 Filed 10-3-18; 8:45 am]
 BILLING CODE 3510-22-P