[Federal Register Volume 86, Number 86 (Thursday, May 6, 2021)]
[Rules and Regulations]
[Pages 24360-24361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09604]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210503-0094]
RIN 0648-BK32


Fisheries of the Northeastern United States; Recreational 
Management Measures for the Summer Flounder Fishery; Fishing Year 2021

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS announces management measures for the 2021 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 2021 
summer flounder recreational harvest limit and thereby prevent 
overfishing on the summer flounder stock.

DATES: This rule is effective May 5, 2021.

FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst, 
(978) 281-9116.

SUPPLEMENTARY INFORMATION: The Mid-Atlantic Fishery Management Council 
and the Atlantic States Marine Fisheries Commission jointly manage 
summer flounder. The Council and Commission's Summer Flounder 
Management Board meet jointly each year to recommend recreational 
management measures for summer flounder.
    In this final rule, NMFS is implementing conservation equivalency 
to manage the 2021 summer flounder recreational fishery, as proposed on 
April 6, 2021 (86 FR 17764). The approval of conservation equivalency 
means that we are waiving Federal summer flounder recreational measures 
in Federal waters for all federally permitted summer flounder party/
charter vessels, regardless of where they fish. States, through the 
Commission, are collectively implementing measures designed to 
constrain landings to the 2021 recreational harvest limit. Vessels 
fishing in Federal waters and Federal party/charter vessels are subject 
to the regulations in the state they land. These measures are 
consistent with the recommendations of the Council and the 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 
(66 FR 36208; July 11, 2001), allows each state to establish its own 
recreational management measures (possession limits, 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 (71 FR 42315; July 26, 2006) allows states to form regions 
for conservation equivalency in order to minimize differences in 
regulations for anglers fishing in adjacent waters.
    Similar to the 2016-2020 program, the 2021 management program 
adopted by the Commission divides the recreational fishery 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 (fish 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.
    Based on the Commission's recommendation, we find that the 2021 
recreational fishing measures required to be implemented in state 
waters are, collectively, the conservation equivalent of the season, 
fish 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

[[Page 24361]]

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 2021.
    In addition, this action reaffirms the default coastwide measures 
(a 19-inch (48.3-cm) minimum size, four-fish possession limit, and May 
15 through September 15 open fishing season), that becomes effective 
January 1, 2022, upon the expiration of the 2021 conservation 
equivalency program.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Comments and Responses

    NMFS received seven comments on the proposed rule, none of which 
were directly related to the proposed measures. Four comments were 
related to state-specific measures and offered concerns over the 
minimum fish sizes and a perceived lack of recognition of changing fish 
distribution. Two comments relayed concerns about commercial fishing 
regulations and general complaints over the management of summer 
flounder. One commenter discussed a number of ongoing management 
actions that may impact the future management of the recreational 
summer flounder fishery. Although there may be future changes to 
recreational summer flounder management, at this time we are required 
to either approve conservation equivalency, as this final rule does, or 
implement coastwide measures. None of these commenters suggested the 
adoption of coastwide measures or the imposition of the precautionary 
default measures, which would be alternatives to the conservational 
equivalent approach of the proposed rule. All comments received were 
outside the scope of this action. No changes to the final rule are made 
based on the submitted comments.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this final rule is 
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    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.
    The Federal coastwide regulatory measures for recreational summer 
flounder fishing that were codified last year (85 FR 36802; June 18, 
2020) remain in effect until the decision to waive Federal measures for 
2021 is made effective by this final rule. Many states have already 
implemented their conservationally equivalent 2021 measures; a 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 noncompliant landings. Additionally, the 
Federal measures currently in place are more restrictive than many of 
the measures in state waters, unnecessarily disadvantaging federally-
permitted vessels, which are subject to these more restrictive measures 
until this final rule is effective.
    An adjustment period is not needed for regulated entities to comply 
with this rule. Recreational and charter/party operators will not need 
new equipment or otherwise need to expend time or money to comply with 
these management measures. Rather, complying with this final rule 
simply requires adhering to the published state management measures for 
summer flounder while the recreational and 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 filing for public inspection 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.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 3, 2021.
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. 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 2021 are the conservation equivalent of the 
season, size limits, 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.
* * * * *

[FR Doc. 2021-09604 Filed 5-5-21; 8:45 am]
BILLING CODE 3510-22-P