[Federal Register Volume 84, Number 128 (Wednesday, July 3, 2019)]
[Rules and Regulations]
[Pages 31743-31745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14242]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 190415375-9498-02]
RIN 0648-BI92


Fisheries of the Northeastern United States; Recreational 
Management Measures for the Summer Flounder Fishery; Fishing Year 2019

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 2019 summer 
flounder recreational fishery. The implementing regulations for this 
fishery require NMFS to publish recreational measures for the fishing 
year. The intent of this action is to achieve, but not exceed, the 2019 
summer flounder recreational harvest limit and thereby prevent 
overfishing on the summer flounder stock.

DATES: This rule is effective July 3, 2019.

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

[[Page 31744]]


SUPPLEMENTARY INFORMATION: The summer flounder fishery is managed 
cooperatively under the provisions of the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States 
Marine Fisheries Commission (Commission), in consultation with the New 
England and South Atlantic Fishery Management Councils. The management 
unit specified in the FMP includes 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. States manage 
summer flounder within 3 nautical miles (4.83 km) of their coasts, 
under the Commission's plan for summer flounder. The summer flounder 
Federal regulations govern vessels and individual fishermen fishing in 
Federal waters of the Exclusive Economic Zone (EEZ), as well as vessels 
possessing a summer flounder charter/party vessel permit, regardless of 
where they fish.
    In this final rule, NMFS is implementing conservation equivalency 
(i.e., waiving Federal measures in light of the existence of 
appropriate measures in state waters) to manage the 2019 summer 
flounder recreational fishery, as proposed on May 17, 2019 (84 FR 
22426). These measures are consistent with the recommendations of the 
Council and the Commission. NMFS is waiving Federal summer flounder 
recreational measures in Federal waters and to all federally permitted 
summer flounder party/charter vessels, regardless of where they fish, 
because the states, through the Commission, are collectively 
implementing measures designed to constrain landings to the 2019 
recreational harvest limit. 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 11, 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) allows states to 
form regions for conservation equivalency in order to minimize 
differences in regulations for anglers fishing in adjacent waters.
    Similar to the 2016-2018 program, the 2019 management program 
adopted by the Commission divides the coastline into six management 
regions: (1) Massachusetts; (2) Rhode Island; (3) Connecticut-New York; 
(4) New Jersey; (5) Delaware-Virginia; and (6) North Carolina. Each 
state within a region must implement identical or equivalent measures 
(minimum size, bag limit, and fishing season length), and the 
combination of those measures must be sufficient to achieve, but not 
exceed, the recreational harvest limit.
    By a letter dated May 20, 2019, the Commission certified that the 
combined measures implemented by individual states and regions are the 
conservation equivalent of coastwide measures that would be expected to 
result in the 2019 recreational harvest limit being achieved, but not 
exceeded.
    Based on the Commission's recommendations, we find that the 2019 
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 final rule to recognize state-implemented measures 
as the conservation equivalent of the Federal coastwide recreational 
management measures for 2019.
    In addition, this action reaffirms the 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, 2020, upon the expiration of the 2019 conservation 
equivalency program. These are coastwide measures that were discussed 
in the proposed rule as measures that would apply in the absence of 
conservation equivalency. These default measures would then remain 
effective until replaced by the 2020 recreational management measures 
in the spring of next year.
    This final rule also removes a black sea bass prohibition to 
address text that is unnecessary, outdated and unclear. NMFS implements 
these changes, consistent with section 305(d) of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act), which 
provides that the Secretary of Commerce may promulgate regulations 
necessary to ensure that amendments to a fishery management plan (FMP) 
are carried out in accordance with the FMP and the Magnuson-Stevens 
Act. This final rule removes 50 CFR 648.14(p)(2)(ii)(B), which pertains 
to a prohibition against possessing, retaining, or landing black sea 
bass harvested from the EEZ in excess of the commercial possession 
limit, from the regulations. There is no Federal waters commercial 
black sea bass possession limit and, as such, this regulatory text is 
confusing and unnecessary.

Comments and Responses

    NMFS received three comments on the proposed rule. Only one of 
these comments was directly pertinent to the proposed Federal 
recreational measures. This commenter questioned why the increased 
recreational harvest limit did not result in more liberal non-preferred 
coastwide measures or state measures. Using the Fishing Effort Survey, 
the 2018 Marine Recreational Information Program estimated that catch 
is very close to the 2019 revised recreational harvest limit, 
indicating that the 2018 measures in place for last year are 
appropriate to achieve, but not exceed, catch to the 2019 harvest 
limit.
    The remaining comments, which were related to state-specific 
measures outside the scope of this action, offered concerns over MRIP 
estimates, requested more focus on ecosystem-based management for a 
number of species in the region, and relayed general complaints over 
the management of summer flounder. No changes to the final rule are 
made based on the submitted comments.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
these management measures are necessary for the conservation and 
management of the summer flounder fishery and are consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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 
documentation developed by the Council in support of these recreational 
management measures. NMFS received a complete document in April 2019. 
Documentation in support

[[Page 31745]]

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. NMFS must also wait for a letter from the 
Commission that certifies the states' measures as being appropriate to 
achieve but not exceed the recreational harvest limit. We received this 
letter on May 20, 2019. The proposed rule published on May 17, 2019 (84 
FR 22426), with a 15-day comment period ending June 3, 2019.
    The Federal coastwide regulatory measures for summer flounder that 
were codified last year (83 FR 24945; May 31, 2018) remain in effect 
until the decision to waive Federal measures for 2019 is made effective 
by this final rule. 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. Inconsistencies between the states' measures and the Federal 
measures could lead to potential confusion and misunderstanding of the 
applicable regulations and could increase the likelihood of illegal 
landings. Additionally, the Federal measures currently in place are 
more restrictive than many of the measures in state waters, which will 
unnecessarily disadvantages federally permitted vessels who are subject 
to these more restrictive measures until this final rule is effective.
    In response to this action, 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 summer flounder 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 of effectiveness period and to implement this 
rule upon publication in the Federal Register.
    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. 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: June 28, 2019.
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.


Sec.  648.14  [Amended]

0
2. In Sec.  648.14, remove and reserve paragraph (p)(2)(ii)(B).

0
 3. In Sec.  648.107, the introductory text to paragraph (a) is revised 
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 2019 are the conservation equivalent of the 
minimum size, season, 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.
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[FR Doc. 2019-14242 Filed 7-2-19; 8:45 am]
BILLING CODE 3510-22-P