[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Pages 64482-64487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27213]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180906820-8999-02]
RIN 0648-BI48
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2019 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements 2019 specifications for the summer flounder
and black sea bass fisheries and maintains previously-established 2019
specifications for the scup fishery. Additionally, this action reopens
the February 2018 black sea bass recreational fishery and adjusts the
current commercial incidental possession limit for scup. The
implementing regulations for the Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan require us to publish specifications for
the upcoming fishing year for each of these species. The intent of this
action is to inform the public of the specifications and management
measures for the start of the 2019 fishing year for these three
species. These specifications may be revised mid-year based on the
results of ongoing stock assessments.
DATES: Effective January 1, 2019.
ADDRESSES: An environmental assessment (EA) was prepared for this
action that describes these measures and other considered alternatives,
and provides an analysis of the impacts of the measures and
alternatives. Copies of the Summer Flounder, Scup, and Black Sea Bass
2019 Specifications, including the 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.
These documents are also accessible via the internet at http://www.mafmc.org/s/SFSBSB_2019_specs_EA.pdf.
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
(978) 281-9244.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery Management Council and the Atlantic States
Marine Fisheries Commission cooperatively manage the summer flounder,
scup, and black sea bass fisheries. The Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP) and its implementing
regulations outline the Council's process for establishing
specifications. Specifications in these fisheries include various catch
and landing subdivisions, such as the commercial and recreational
sector annual catch limits (ACL), annual catch targets (ACT), and
sector-specific landing limits (i.e., the commercial fishery quota and
recreational harvest limit), as well as management measures, as needed,
that are designed to ensure these catch limits will not be exceeded.
Annual specifications may be established for three-year periods, and,
in interim years, specifications are reviewed by the Council to ensure
previously established multi-year specifications remain appropriate.
The FMP also contains formulas to divide the specification catch limits
into commercial and recreational fishery allocations, state-by-state
quotas, and quota periods, depending on the species in question.
Rulemaking for measures used to manage the recreational fisheries
(minimum fish sizes, open seasons, and bag limits) for these three
species occurs separately, and typically takes place in the spring of
each year.
This action sets 2019 specifications for summer flounder and black
sea bass. The previously-approved 2019 scup specifications (82 FR
60682; December 22, 2017) remain unchanged from the current two-year
specifications and are maintained through this action.
An ongoing summer flounder benchmark assessment incorporating
updated Marine Recreational Information Program (MRIP) data is
scheduled to be available in early 2019. Operational assessments for
black sea bass and scup will also be completed in April 2019 to
incorporate revised MRIP data. Because new information for all three
species is likely in the next few months, the Council and Commission's
Summer Flounder, Scup, and Black Sea Bass Board only recommended
interim specifications for 2019, and the Council and Board may develop
mid-year changes to the summer flounder specifications, and possibly
black sea bass specifications, to address the forthcoming updated
assessment information.
The proposed rule for this action published in the Federal Register
on November 15, 2018 (83 FR 57389), and comments were accepted through
November 30, 2018. We received 11 comments.
2019 Summer Flounder Specifications
At their August 2018 meeting, the Council and Board recommended
interim summer flounder specifications for the start of the 2019
fishing year (Table 1). Compared to 2018, the interim 2019 commercial
quota and recreational harvest limit are a 16-percent increase. The
Council and Board intend to consider revising these interim summer
flounder specifications at a joint meeting in February 2019 to address
the results of the benchmark stock assessment. If a change in catch
limits is recommended by the Council and Board, we anticipate updated
catch limits could be in place this spring and would announce any
adjustments through a future rule.
Table 1--Current 2018 and Final 2019 Summer Flounder Specifications
----------------------------------------------------------------------------------------------------------------
2018 (current) 2019
---------------------------------------------------------------- Difference (%)
million lb mt million lb mt
----------------------------------------------------------------------------------------------------------------
Overfishing Limits (OFL)........ 18.69 8,476 20.60 9,344 10
ABC............................. 13.23 5,999 15.41 6,990 16
Commercial ACL.................. 7.70 3,491 9.18 4,164 19
Commercial ACT.................. 7.70 3,491 * 8.14 3,692 19
Projected Commercial Discards... 1.07 485 1.47 667 2
Commercial Quota................ 6.63 3,006 * 6.67 3,030 16
Recreational ACL................ 5.53 2,508 6.22 2,821 12
Recreational ACT................ 5.53 2,508 6.22 2,821 12
[[Page 64483]]
Projected Recreational Discards. 1.11 504 1.08 490 -3
Recreational Harvest Limit...... 4.42 2,004 5.15 2,336 16
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* As further explained below, a required accountability measure reduces the commercial ACT from 9.18 million
pounds (4,164 mt) to 8.14 million pounds (3,692 mt) and reduces the commercial quota from 7.72 million pounds
(3,502 mt) to 6.67 million pounds (3,030 mt).
The Council and Board recommended no adjustment to the commercial
minimum fish size (14-inch (35.6 cm) total length), gear requirements,
and possession limits. The Council and Board will develop recreational
management measures (i.e., minimum fish sizes, open seasons, and bag
limits) for summer flounder this fall and NMFS rulemaking will occur in
early spring of 2019.
2019 Summer Flounder Commercial Non-Landing Accountability Measure
Our final catch accounting shows that the 2017 commercial fishery
exceeded its ACL by 21 percent and the ABC was exceeded by 7 percent,
due to higher than expected discards in the commercial fishery. The
newly-revised accountability measures (AM) regulations (83 FR 53825,
October 25, 2018) require a scaled payback against the commercial
fishery's ACT, based on the amount of the overage and the status of the
summer flounder stock, using the most recent biological reference
points. Based on our AMs, a scaled payback is required because the most
recent assessment update (2016) indicated that the stock is
experiencing overfishing and is not overfished.
The scaled payback based on the 2016 assessment status is 1.04
million lb (472 mt). This overage, when applied to the 2019 commercial
ACT of 9.18 million lb (3,502 mt), results in a commercial quota of
6.67 million lb (3,030 mt), after subtracting the 2019 projected
estimated discards. The resulting quota is less than one percent higher
than the 2018 quota. The timing of this final rule did not allow for
the results of the 2018 benchmark assessment to be incorporated into
the AM evaluation. Final results of that assessment are anticipated to
be available in early 2019. If the assessment results in changes to the
current stock determination criteria, any adjustments to the summer
flounder specifications can incorporate a re-evaluation of this AM.
2019 Commercial State Quota Shares
Table 2 summarizes the commercial summer flounder quotas for each
state, incorporating the revised 2019 commercial ACT. This rule
announces commercial state quota overage reductions necessary for
fishing year 2019. Table 2 includes percent shares as outlined in Sec.
648.102(c)(1)(i), the resultant 2019 commercial quotas, quota overages
(as needed), and the final adjusted 2019 commercial quotas. The 2018
quota overage is determined by comparing landings for January through
October 2018, plus any 2017 landings overage that was not previously
addressed in establishing the 2018 summer flounder specifications, for
each state. For Delaware, this includes continued repayment of
overharvest from previous years.
Table 2--Final State-by-State Commercial Summer Flounder Quotas for 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
2019 Initial quota 2019 Adjusted quota (ACL Overages through October Final adjusted 2019
FMP percent -------------------------- overage) 31, 2018 Quota, less overages
State share -----------------------------------------------------------------------------
lb kg lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maine.............................. 0.04756 3,672 1,665 3,172 1,439 0 0 3,172 1,439
New Hampshire...................... 0.00046 36 16 31 14 0 0 31 14
Massachusetts...................... 6.82046 526,540 235,406 454,925 202,922 -7,559 -3,429 447,366 202,922
Rhode Island....................... 15.68298 1,210,726 549,176 1,046,055 474,482 0 0 1,046,055 474,482
Connecticut........................ 2.25708 174,247 79,037 150,547 68,287 0 0 150,547 68,287
New York........................... 7.64699 590,348 267,777 510,054 231,357 0 0 510,054 231,357
New Jersey......................... 16.72499 1,291,169 585,665 1,115,557 506,008 0 0 1,115,557 506,008
Delaware........................... 0.01779 1,373 -24,346 1,187 -24,431 -55,047 -24,969 -53,860 -24,431
Maryland........................... 2.0391 157,419 71,404 136,008 61,692 0 0 136,008 61,692
Virginia........................... 21.31676 1,645,654 746,456 1,421,828 644,930 0 0 1,421,828 644,930
North Carolina..................... 27.44584 2,118,819 961,080 1,830,638 830,363 0 0 1,830,638 830,363
--------------------------------------------------------------------------------------------------------------------
Total.......................... 100 7,720,000 3,497,682 6,670,000 3,021,494 0 ........... 6,661,255 3,021,494
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Notes: Kilograms are as converted from pounds and may not necessarily add due to rounding. Total quota is the sum for all states with an allocation. A
state with a negative number has a 2019 allocation of zero (0). Total adjusted 2019 quota, less overages, does not include negative allocations (i.e.,
Delaware's overage).
Delaware Summer Flounder Closure
Table 2 shows the amount of overharvest from previous years for
Delaware is greater than the amount of commercial quota allocated to
Delaware for 2019. As a result, there is no quota available for 2019 in
Delaware. The regulations at Sec. 648.4(b) provide that Federal permit
holders, as a condition of their permit, must not land summer flounder
in any state that the NMFS Greater Atlantic Region Administrator has
determined no longer has commercial quota available for harvest.
Therefore, landings of summer flounder in Delaware by vessels holding
commercial Federal summer flounder permits are prohibited for the 2019
calendar year, unless additional quota becomes available through a
quota transfer and is announced in the Federal Register. Federally
permitted dealers are advised that they may not purchase summer
flounder from federally permitted vessels that land in Delaware for the
2019 calendar year, unless additional quota becomes available through a
transfer, as mentioned above.
2019 Black Sea Bass Specifications
At the August meeting, the Council and Board made recommendations
for the 2019 black sea bass specifications, but for reasons outlined
below, we are
[[Page 64484]]
maintaining status quo measures currently in place for 2018.
In June 2018, the Center provided the Council with a black sea bass
data update, including updated catch, landings, and survey indices
through 2017. Black sea bass biomass continues to be high and the 2015
year class appears to be above average in both the northern and
southern surveys. Updated stock status information and biomass
projections incorporating data on the 2015 year class were not
available as part of the Center-provided data update, but will be once
the operational assessment is completed in April 2019.
The Council's Scienctific and Statistical Committee (SSC)
recommended a 2019 ABC of 7.97 million lb (3,615 mt), which was based
on biomass projections from the 2016 benchmark stock assessment. This
would have been an 11-percent reduction compared to the 2018 ABC. This
decline in the ABC reflects the population responding to fishing at
maximum sustainable yield and the decrease of the large 2011 year
class, but does not incorporate the information on the 2015 year class.
Based on this ABC recommendation, the Council and Board recommended the
2019 specifications that were 11 percent lower than those in place for
2018.
Following the Council and Board meeting, we requested that the
Center perform a sensitivity analysis of the 2019 projection derived
from the 2016 benchmark stock assessment. As previously described, that
projection did not include the 2015 year class because those fish were
too small to be widely captured in the surveys at the time of the 2016
assessment. This sensitivity analysis used various recruitment
scenarios applied to the original projection and compared them to the
most recent survey indices. The objective of this analysis was to see
if that projection would have supported different specifications for
2019 had we been able to incorporate what we know now about the
strength of the 2015 year class. The results suggest that the 2015 year
class would have to be about 50 percent above average to allow for 2019
catch limits to be the same as what they were in 2018. Based on a
comparison between the Center's 2018 spring survey results and average
recruitment from 2003-2018, the 2015 year class appears to be more than
50 percent above average. Based on this information, we are maintaining
status quo black sea bass specifications for 2019 (Table 3).
Table 3--2019 Black Sea Bass Specifications
------------------------------------------------------------------------
million
lb mt
------------------------------------------------------------------------
OFL............................................... 10.29 4,667
ABC............................................... 8.94 4,055
Commercial ACL.................................... 4.35 1,974
Commercial ACT.................................... 4.35 1,974
Projected Commercial Discards..................... 0.83 377
Commercial Quota.................................. 3.52 1,596
Recreational ACL.................................. 4.59 2,083
Recreational ACT.................................. 4.59 2,083
Projected Recreational Discards................... 0.93 422
Recreational Harvest Limit........................ 3.66 1,661
------------------------------------------------------------------------
Maintaining status quo allows for stability in the black sea bass
commercial and recreational fisheries while we wait for the results of
the MRIP operational assessment to be completed in April 2019. Once
that information is available, the Council and Board may recommend
adjusting black sea bass measures mid-year.
No adjustments are made to the commercial minimum fish size (11-
inch (27.9 cm) total length), gear requirements, and possession limits.
Recreational Black Sea Bass Wave 1 Fishery
This action also reopens the black sea bass recreational fishery
for the month of February (during MRIP Wave 1). The current Federal
black sea bass recreational management measures (i.e., a 12.5-inch
(31.8-cm) minimum size and a possession limit of 15 fish) will apply to
the fishery for this limited winter season. The intent of this action
is to allow for some recreational fishing access during a portion of
Wave 1 in 2019.
There are currently no MRIP survey estimates collected for Wave 1
except for occasional estimates in North Carolina, but catch from this
time period must be accounted for, and count against the recreational
harvest limit. Similar to last year, to account for the harvest during
this 28-day season, the Council and Board recommended a coastwide catch
estimate of 100,000 lb (45.3 mt). The Board has further divided this
coastwide catch estimate across the states. States that decide to
participate in the Wave 1 fishery must account for this catch when
developing their management measures for the remainder of the fishing
year. Only two states participated in the 2018 February recreational
fishery. The estimated catch was nominal. Measures for the rest of the
2019 recreational fishery will be developed through the winter for
implementation in spring 2019.
2019 Scup Specifications
The scup fishery is currently operating under multi-year
specifications projected through 2019. This action reaffirms the
Council's and Board's previous recommendation for scup 2019
specifications. Those specifications result in the same commercial
quota and recreational harvest limit as implemented in 2018 (Table 4).
Table 4--Scup Specifications for 2019
------------------------------------------------------------------------
million
lb mt
------------------------------------------------------------------------
OFL............................................... 41.03 18,612
ABC............................................... 36.43 16,525
Commercial ACL.................................... 28.42 12,890
Commercial ACT.................................... 28.42 12,890
Commercial Discards............................... 4.43 2,011
Commercial Quota.................................. 23.98 10,879
Recreational ACL.................................. 8.01 3,636
Recreational ACT.................................. 8.01 3,636
Recreational Discards............................. 0.65 293
Recreational Harvest Limit........................ 7.37 3,342
------------------------------------------------------------------------
The 2019 scup commercial quota is divided into three commercial
fishery quota periods, as outlined in Table 5.
Table 5--Commercial Scup Quota Allocations for 2019 by Quota Period
----------------------------------------------------------------------------------------------------------------
2019 Initial quota
Quota period Percent share -------------------------------
lb mt
----------------------------------------------------------------------------------------------------------------
Winter I........................................................ 45.11 10,820,000 4,908
Summer.......................................................... 38.95 9,340,986 4,237
Winter II....................................................... 15.94 3,822,816 1,734
-----------------------------------------------
Total....................................................... 100.0 23,983,802 10,879
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Note: Metric tons are as converted from lb and may not necessarily total due to rounding.
[[Page 64485]]
The current quota period possession limits are not changed by this
action, and are outlined in Table 6. The Winter I possession limit will
drop to 1,000 lb (454 kg) upon attainment of 80 percent of that
period's allocation. If the Winter I quota is not fully harvested, the
remaining quota is transferred to Winter II. The Winter II possession
limit may be adjusted (in association with a transfer of unused Winter
I quota to the Winter II period) via notice in the Federal Register.
The regulations specify that the Winter II possession limit increases
consistent with the increase in the quota, as described in Table 7.
Table 6--Commercial Scup Possession Limits by Quota Period
----------------------------------------------------------------------------------------------------------------
Federal possession limits
(per trip)
Quota period Percent share -------------------------------
lb kg
----------------------------------------------------------------------------------------------------------------
Winter I........................................................ 45.11 50,000 22,680
Summer.......................................................... 38.95 N/A N/A
Winter II....................................................... 15.94 12,000 5,443
-----------------------------------------------
Total....................................................... 100.0 N/A N/A
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Table 7--Potential Increase in Winter II Possession Limits Based on the Amount of Unused Scup Rolled Over From Winter I to Winter II
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Initial Winter II possession limit Rollover from Winter I to Winter II Increase in initial Winter II Final Winter II possession
----------------------------------------------------------------------------------------- possession limit limit after rollover from
-------------------------------- Winter I to Winter II
lb kg lb kg -------------------------------
lb kg lb kg
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12,000.......................... 5,443 0-499,999......... 0-226,796......... 0 0 12,000 5,443
12,000.......................... 5,443 500,000-999,999... 226,796-453,592... 1,500 680 13,500 6,123
12,000.......................... 5,443 1,000,000-1,499,99 453,592-680,388... 3,000 1,361 15,000 6,804
9.
12,000.......................... 5,443 1,500,000-1,999,99 680,389-907,184... 4,500 2,041 16,500 7,484
9.
12,000.......................... 5,443 * 2,000,000- 907,185-1,133,981. 6,000 2,722 18,000 8,165
2,500,000.
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* This process of increasing the possession limit in 1,500 lb (680 kg) increments would continue past 2,500,000 lb (1,122,981 kg), but we end here for
the purpose of this example.
Adjustment to the Commercial Scup Gear-Based Possession Limit
Thresholds
This action adjusts the gear-based incidental possession limit for
the commercial fishery. The incidental possession limit applies to
vessels with commercial moratorium scup permits fishing with nets with
diamond mesh smaller than 5 inches (12.7 cm) in diameter. The
incidental possession limit is currently 1,000 lb (454 kg) during
October 1-April 30 and 200 lb (91 kg) during May 1-September 30. The
action adds another threshold period from April 15-June 15 to allow for
higher retention in the small-mesh squid fishery that operates during
that time and occasionally catches larger amounts of scup than the
current limits allow to be landed (Table 8). During that time, vessels
with scup moratorium permits using small mesh can land up to 2,000 lb
(907 kg) of scup.
[GRAPHIC] [TIFF OMITTED] TR17DE18.054
No adjustments are made to the current commercial minimum fish size
(9-inch (22.9-cm) total length) and winter quota period directed-
fishery possession limits.
Comments and Responses
On November 15, 2018, NMFS published the proposed specifications
for public notice and comment. NMFS received six comments from
individuals, and comments from the Jersey Coast Anglers Association,
the Recreational Fishing Alliance (RFA), the New York Recreational &
For-Hire Fishing Alliance, the State of New York and the New York State
Department of Environmental Conservation, and the Massachusetts
Division of Marine Fisheries. No changes to the proposed specifications
were made as a result of these comments.
Comment 1: Two members of the public, a representative of the
Jersey Coast Anglers Association, and the Massachusetts Division of
Marine Fisheries offered their support of the proposed specifications,
particularly the decision to maintain status quo specifications for
black sea bass.
Response: NMFS agrees and is implementing the proposed
[[Page 64486]]
specifications for the reasons outlined in the preamble to this rule.
Comment 2: One individual commented that specifications for all
three species should be reduced by 50 percent, but offered no rationale
as to why.
Response: The reasons for implementing these specifications, which
are outlined in the preamble to this rule, are based on the best
scientific information available. This information does not suggest
that 50-percent reductions in catch and harvest limits are appropriate.
Comment 3: Two commenters mentioned that they have noticed a
decline in abundance of summer flounder and that the stock is being
subject to overfishing.
Response: The most recent stock assessment update (2016) indicates
that the summer flounder stock is not overfished, but is experiencing
overfishing. The 2019 catch limits for summer flounder consider this
information on stock status. We are waiting for the results of a new
benchmark assessment and can respond to any adjustments that may be
necessary based on new information as it becomes available.
Comment 4: One commenter representing the New York Recreational &
For-Hire Fishing Alliance was supportve of the summer flounder and scup
specifications, but wanted higher black sea bass specifications, noting
that the stock is healthy. This commenter also requested that the black
sea bass Wave 1 fishery be open in January and February, and if that
was not an option, then January would be preferable due to the better
weather conditions.
Response: We agree that the black sea bass stock is healthy, which
is why we are maintaining status quo measures, rather than reducing
catch limits. The MRIP operational assessment will provide more updated
information on the status of the black sea bass stock and will inform
future management. The Council and Board may consider adjustments to
the Wave 1 fishery next year, but for 2019 decided to recommend the
same measures that were in place for 2018 (i.e., opening in February).
A longer season in a future year would require a larger payback later
in the year for states that choose to participate.
Comment 5: Although supportive of the scup and black sea bass
specifications, the RFA stated that the revised MRIP information
released this summer should be used to automatically adjust the current
commercial and recreational allocations. As a result, RFA suggests that
the recreational allocation should be increased and the recreational
harvest limit for 2019 should be higher.
Response: NMFS disagrees that the updated MRIP information
automatically adjusts the current commercial and recreational
allocations. Adjustments to these allocations must occur through an
amendment to the FMP. As mentioned throughout the preamble to this
rule, we expect the final results from the new summer flounder
assessment to be available early in 2019. Once that information is
available, the Council and Board intend to review the results and
determine if these 2019 specifications should be adjusted. The Council
and Board also intend to consider adjustments to the summer flounder
recreational fishery, including consideration of the current 60/40
commercial and recreational allocation split, in a future amendment.
Comment 6: The State of New York and the New York State Department
of Environmental Conservation submitted a letter stating that the
commercial summer flounder state quotas date back to 1993 and have not
been updated. The letter claims those allocations are based on
unreliable data from 1993 and suggests NMFS implement a coastwide quota
for the commercial fishery.
Response: The current regulations governing the FMP require that
quota allocations be distributed based on the percentages outlined in
Table 2. Adjustments to these quota allocations must be developed
through an amendment to the FMP. The Council and Board are taking final
action on an amendment considering such adjustments at their December
2019 meeting and will forward their recommendations to NMFS for
approval. Adjustments to these state quota allocations are outside the
scope of this action. If the Council and Board recommend commercial
fishery allocation changes at the joint December meeting, NMFS expects
to conduct rulemaking on those recommendations in 2019.
Comment 7: One commenter mentioned frustration over summer flounder
recreational measures in state waters.
Response: This topic is outside of the scope of this action. The
Council and NMFS will determine summer flounder recreational measures
in Federal waters later next year, but do not make determinations about
individual state measures.
Changes From the Proposed Rule
There are no changes to the measures from the proposed rule.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
these specifications 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.
This 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
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.
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 specifications are in
place on January 1, 2019. This action establishes the final
specifications (i.e., annual catch limits) for the scup, summer
flounder, and black sea bass fisheries for the 2019 fishing year, which
begins on January 1, 2019.
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 the specifications that is developed by the Council.
An initial draft was received by NMFS in mid-October, with a complete
document submitted in early December 2018. Documentation in support of
the Council's recommended specifications 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 November 15, 2018, with
a 15-day comment period ending November 30, 2018. Publication of the
summer flounder quotas at the start of the fishing year that begins
January 1 of each fishing year is required by the order of Judge Robert
Doumar in North Carolina Fisheries Association v. Daley.
If the 30-day delay in effectiveness were not waived, the lack of
effective
[[Page 64487]]
quota specifications on January 1, 2019, for summer flounder and black
sea bass, would present significant confusion to the complex
cooperative management regime governing these fisheries. The summer
flounder and black sea bass fisheries are all expected, based on
historic participation and harvest patterns, to be very active at the
start of the fishing season in 2019. Individual states would be unable
to set commercial possession and/or trip limits, which apportion the
catch over the entirety of the calendar year. NMFS would be unable to
control harvest in any way, as there would be no quotas in place for
these two species until the regulations are effective. NMFS would be
unable to control harvest or close the fishery, should landings exceed
the quotas. All of these factors would result in a race for fish
wherein uncontrolled landings could occur. Disproportionately large
harvest occurring within the first weeks of 2019 could have
distributional effects on other quota periods, and would disadvantage
some gear sectors or owners and operators of smaller vessels that
typically fish later in the fishing season.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: December 11, 2018.
Alan D. Risenhoover,
Acting 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. In Sec. 648.125, paragraphs (a)(1) and (5) are revised to read as
follows:
Sec. 648.125 Scup gear restrictions.
(a) * * *
(1) Minimum mesh size. No owner or operator of an otter trawl
vessel that is issued a scup moratorium permit may possess more than
1,000 lb (454 kg) of scup from October 1 through April 14, more than
2,000 lb (907 kg) from April 15 through June 15, or more than 200 lb
(91 kg) of scup from June 16 through September 30, unless fishing with
nets that have a minimum mesh size of 5.0-inch (12.7-cm) diamond mesh,
applied throughout the codend for at least 75 continuous meshes forward
of the terminus of the net, and all other nets are stowed and not
available for immediate use as defined in Sec. 648.2.
* * * * *
(5) Stowage of nets. The owner or operator of an otter trawl vessel
retaining 1,000 lb (454 kg) or more of scup from October 1 through
April 14, 2,000 lb (907 kg) or more of scup from April 15 through June
15, or 200 lb (90.7 kg) or more of scup from June 16 through September
30, and subject to the minimum mesh requirements in paragraph (a)(1) of
this section, and the owner or operator of a midwater trawl or other
trawl vessel subject to the minimum size requirement in Sec. 648.126,
may not have available for immediate use any net, or any piece of net,
not meeting the minimum mesh size requirement, or mesh that is rigged
in a manner that is inconsistent with the minimum mesh size. A net that
is stowed and not available for immediate use as defined in Sec.
648.2, and that can be shown not to have been in recent use, is
considered to be not available for immediate use.
* * * * *
0
3. 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 December 31, unless this time
period is adjusted pursuant to the procedures in Sec. 648.142.
[FR Doc. 2018-27213 Filed 12-14-18; 8:45 am]
BILLING CODE 3510-22-P