[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Proposed Rules]
[Pages 19046-19050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06568]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230320-0079]
RIN 0648-BM09
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2023
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes Federal management measures for the 2023 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 and to provide an
opportunity for public comment. The intent of this action is to set
management measures that allow the recreational fisheries to achieve,
but not exceed, the recreational harvest targets and thereby prevent
overfishing of the summer flounder, scup, and black sea bass stocks.
DATES: Comments must be received by April 14, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0019 by the following method:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0019 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
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: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116, or [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council and the Atlantic States
Marine Fisheries Commission cooperatively manage summer flounder, scup,
and black sea bass. The Council and the Commission's Management Boards
meet jointly each year to recommend recreational management measures.
For summer flounder and black sea bass, we must implement coastwide
measures or approve conservation-equivalent measures per 50 CFR
648.102(d) and 648.142(d), as soon as possible following the Council
and Commission's recommendation. This action proposes establishing
conservation equivalency for both species in 2023. For scup, we are
proposing adjustments to the Federal recreational season and possession
limit.
Recreational Management Measures Process
This is the first time a new approach for developing recreational
summer flounder, scup, and black sea bass recreational management
measures will be used. The new process, part of Framework Adjustment 17
to the Summer Flounder and Black Sea Bass Fishery Management Plan (FMP)
and Framework Adjustment 6 to the Bluefish Fishery Management Plan
(March 9, 2023, 88 FR 14499), referred to as the Percent Change
Approach, which is a harvest control rule designed by the Council and
Commission for use in managing Mid-Atlantic recreational fisheries,
uses two factors to determine if management measures could remain
status quo, could be liberalized, or must be restricted. These two
factors are: (1) A comparison of a confidence interval (CI) around an
estimate of expected harvest under status quo measures to the average
recreational harvest limit (RHL) for the upcoming 2 years and; (2)
biomass compared to the target level, as defined by the most recent
stock assessment. These two factors also determine the appropriate
degree of change, defined as a percentage change in expected harvest.
Changes to recreational management measures to achieve the required
percent change are evaluated by the Monitoring Committee consisting of
representatives from the Commission, the Council, state marine fishery
agencies from Massachusetts to North Carolina, and NMFS. The FMP limits
the choices for the types of measures to: Minimum and/or maximum fish
size; per angler possession limit; and fishing season. A description of
the application of this process for each species is provided below.
The Council and the Board then consider the Monitoring Committee's
recommendations and any public comment in making their recommendations.
The Council forwards its recommendations to NMFS for review. The
Commission similarly adopts recommendations for the states. NMFS is
required to review the Council's recommendations to ensure that they
are consistent with the targets specified for summer flounder, scup,
and black sea bass in the FMP and all applicable laws and Executive
Orders before ultimately implementing measures for Federal waters.
Commission measures are final at the time they are adopted.
[[Page 19047]]
Scup Recreational Management Measures
Application of the Percent Change Approach and the bio-economic
model used to evaluate recreational behavior and catch resulted in a
recommended 10-percent reduction in scup harvest in 2023. This is
because scup has a very high biomass (more than 150 percent of the
target level), and harvest under status quo measures is expected to be
above the 2023 RHL.
Table 1--Estimated 2023 Scup Harvest, Associated Confidence Interval (CI), 2023 RHL, Stock Size Category, and
Resulting Percent Change Recommended for 2023
----------------------------------------------------------------------------------------------------------------
80-Percent
Estimated harvest under status confidence 2023 RHL Stock size category Recommended
quo measure interval percent change
----------------------------------------------------------------------------------------------------------------
14.31 million lb (6,490 mt).... 9.90-17.40 million 9.27 million lb Very High........... 10-Percent
lb (4,490-7,892 (4,204 mt). Reduction.
mt).
----------------------------------------------------------------------------------------------------------------
The current Federal recreational scup management measures are a 10-
inch (25.4-cm) minimum fish size, a 50-fish per person possession
limit, and a year-round open season. State measures are similar but
vary slightly due to differences in scup availability. The proposed
Federal recreational scup management measures are a 40-fish per person
possession limit, and an open season from May 1-December 31. No changes
to the minimum size are being proposed. The proposed Federal measures,
in conjunction with changes to state waters measures are projected to
achieve the needed 10-percent harvest reduction.
Summer Flounder and Black Sea Bass Conservation Equivalency
Under conservation equivalency, Federal recreational measures are
waived and federally permitted party/charter vessels and all
recreational vessels fishing in Federal waters are subject to the
recreational fishing measures implemented by the state in which they
land. This approach allows for more customized measures at a state or
regional level that are likely to meet the needs of anglers in each
area, compared to coastwide measures that may be advantageous to
anglers in some areas and unnecessarily restrictive in others. The
combination of state or regional measures must be ``equivalent'' in
terms of conservation to a set of ``non-preferred coastwide measures,''
which are recommended by the Council and the Board each year.
The Council and Board annually recommend that either state- or
region-specific recreational measures be developed (conservation
equivalency) or that coastwide management measures be implemented. Even
when the Council and Board recommend conservation equivalency, the
Council must specify a set of non-preferred coastwide measures that
would apply if conservation equivalency is not approved for use in
Federal waters.
When conservation equivalency is recommended, and following
confirmation by the Commission that the proposed state or regional
measures developed through its technical and policy review processes
achieve conservation equivalency, NMFS may waive, for the duration of
the fishing year, the permit condition found at 50 CFR 648.4(b) that
requires Federal permit holders to comply with the more restrictive
management measures when state and Federal measures differ. In such a
situation, federally permitted summer flounder and black sea bass
charter/party permit holders and individuals fishing for summer
flounder and black sea bass in the exclusive economic zone (EEZ) are
subject to the recreational fishing measures implemented by the state
in which they land, rather than the coastwide measures. Conservation
equivalency expires at the end of each fishing year (December 31).
In addition, the Council and the Board must recommend precautionary
default measures when recommending conservation equivalency. The
Commission would require adoption of the precautionary default measures
by any state that either does not submit a management proposal to the
Commission's Technical Committee or that submits measures that are not
conservationally equivalent to the coastwide measures.
The development of conservation-equivalency measures happens both
at the Commission and at the individual state level. The selection of
appropriate data and analytical techniques for technical review of
potential state conservation-equivalent measures, and the process by
which the Commission evaluates and recommends proposed conservation-
equivalent measures, are wholly a function of the Commission and its
individual member states. Individuals seeking information regarding the
process to develop specific state or regional measures or the
Commission process for technical evaluation of proposed measures should
contact the marine fisheries agency in the state of interest, the
Commission, or both.
Once the states and regions select their final 2023 summer flounder
and black sea bass management measures through their respective
development, analytical, and review processes and submit them to the
Commission, the Commission will conduct further review and evaluation
of the submitted proposals, ultimately notifying NMFS as to which
proposals have been approved or disapproved. NMFS has no overarching
authority in the development of state or Commission management measures
but is an equal participant along with all the member states in the
review process. NMFS neither approves nor implements individual states'
measures but retains the final authority either to approve or to
disapprove the use of conservation equivalency in place of the
coastwide measures in Federal waters. The final combination of state
and regional measures will be detailed in a letter from the Commission
to the Regional Office certifying that the combination of state and
regional measures have met the conservation objectives under Addendum
XXXII to the Commission's Interstate FMP. NMFS will publish its
determination on 2023 conservational equivalency as a final rule in the
Federal Register following review of the Commission's determination and
any other public comment on this proposed rule.
Summer Flounder Recreational Management Measures
This action proposes adopting conservation equivalency for summer
flounder in 2023. For 2023, the non-preferred coastwide measures
approved by the Council and Board are an 18-inch (45.72-cm) minimum
fish size; 3-fish per person possession limit; and an open season from
May 15-September 22. Compared to 2022, this is a decrease in the non-
preferred minimum size from 18.5-inches to 18-inches (45.72-cm to
48.26-cm) total length; a 1-fish reduction of the possession limit; and
an increase in the season length. The coastwide measures become the
default management measures in the
[[Page 19048]]
subsequent fishing year, in this case 2024, until the joint process
establishes either coastwide or conservation-equivalency measures for
the next year.
The 2023 precautionary default measures recommended by the Council
and Board are identical to those in place for 2021 and 2022: A 20.0-
inch (50.8-cm) minimum fish size; a 2-fish per person possession limit;
and an open season of July 1-August 31. These measures may be assigned
by the Commission if conservation equivalency is approved but a state
or region does not submit a conservationally equivalent proposal.
Application of the Percent Change Approach and the bio-economic
model used to evaluate recreational behavior and summer flounder catch,
generated conflicting results depending on the initial assumptions used
in the model configuration, specifically with regard to the years
selected for Marine Recreational Information Program (MRIP) data used
to project the amount of catch per trip.When the most recent complete
year of MRIP data (2021) was used, the model estimated harvest under
status quo measures was 8.38 million lb (3,801 mt), below the 2023 RHL.
When an average of 2018-2022 MRIP data was used to determine the catch
per trip, the model estimated harvest was 10.92 million lb (4,953 mt),
slightly above the 2023 RHL. While these estimates are not
significantly different, because of the way the Percent Change Approach
uses the estimates and confidence intervals, the recommended management
action was different. The model run using only 2021 data resulted in a
recommended 10-percent liberalization, and the model run using the
2018-2022 average resulted in a recommended 10-percent reduction in
summer flounder harvest. Given the conflicting results, and uncertainty
about which model run was more likely to reflect 2023 harvest, the
Council and Board made some adjustments to the coastwide measures, but
ultimately decided to maintain status quo measures at the state, and
regional levels. We are proposing the Council and Board recommendation
because it appears to be a legally suffcient solution given the
conflicting results. This summer, additional work will be undertaken to
evaluate the best configuration of the model for each species, which
will reduce the likelihood of this scenario in the future.
Table 2--Estimated 2023 Summer Flounder Harvest, Associated Confidence Interval (CI), 2023 RHL, Stock Size
Category, and Resulting Percent Change Recommended for 2023
----------------------------------------------------------------------------------------------------------------
80-Percent
Estimated harvest under status confidence 2023 RHL Stock size category Recommended
quo measure * interval percent change
----------------------------------------------------------------------------------------------------------------
8.38 million lb (3,801 mt)..... 7.56-9.52 million 10.62 million lb Low................. 10-Percent
lb (3,429-4,318 (4,817 mt). Liberalization.
mt).
10.92 million lb (4,953 mt).... 9.23-12.94 million Low................. 10-Percent
lb (4,186-5,869 Reduction.
mt).
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* The same model was used to generate both of the above harvest extimates. The different estimates are produced
when different assumptions are made about the input data.
Black Sea Bass Recreational Management Measures
This action proposes adopting conservation equivalency for black
sea bass in 2023. The Council and Board recommended the following
coastwide measures: A 15-inch (12.7-cm) minimum size; a 5-fish
possession limit; and an open season of May 15-September 8. Compared to
2022, this is a 1-inch (2.54-cm) increase to the minimum size and a 1-
month reduction to the season length. The recommended precautionary
default measures are a 16-inch (40.64-cm) minimum size; a 2-fish
possession limit; and an open season of June 1-August 31.
Application of the Percent Change Approach and the bio-economic
model used to evaluate recreational behavior and catch resulted in a
recommended 10-percent reduction in black sea bass harvest in 2023.
This is because black sea bass has a very high biomass (more than 150
percent of the target level), and harvest under status quo measures is
expected to be above the 2023 RHL. Measures to be implemented by the
states and/or regions are expected to achieve the 10-percent harvest
reduction.
Table 3--Estimated 2023 Black Sea Bass Harvest, Associated Confidence Interval (CI), 2023 RHL, Stock Size
Category, and Resulting Percent Change Recommended for 2023
----------------------------------------------------------------------------------------------------------------
80-Percent
Estimated harvest under status confidence 2023 RHL Stock size category Recommended
quo measure interval percent change
----------------------------------------------------------------------------------------------------------------
7.93 million lb (3,597 mt)..... 7.17-8.63 million 6.74 million lb Very High........... 10-Percent
lb (3,252-3,915 (3,057 mt). Reduction.
mt).
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Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS finds that a 15-day comment period for this action provides a
reasonable opportunity for public participation in this action pursuant
to Administrative Procedure Act section 553(c) (5 U.S.C. 553(c)), while
also ensuring that the final recreational management measures are in
place before the majority of recreational state fisheries open.
Stakeholder and industry groups have been involved with the development
of this action and have participated in public meetings throughout the
past year. A prolonged comment period and subsequent potential delay in
implementation past the start of the recreational fishing season would
be contrary to the public interest, as it could create confusion both
in the recreational fisheries regarding the management measures, and
with state agencies as they prepare and finalize their recreational
management measures.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The Council conducted an evaluation of the potential
socioeconomic impacts of the proposed measures.
[[Page 19049]]
Entities affected by this action include recreational for-hire
operations holding Federal summer flounder, scup, or black sea bass
party/charter permits. Individual anglers and for-hire vessels that are
only permitted to operate in state waters are not considered ``small
entities'' under the Regulatory Flexibility Act (RFA) and thus economic
impacts on private recreational anglers are not discussed here.
Vessel ownership data \1\ were used to identify all individuals who
own fishing vessels. Vessels were then grouped according to common
owners. The resulting groupings were then treated as entities, or
affiliates, for purposes of identifying small and large businesses that
may be regulated by this action. A business primarily engaged in
fishing is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates) and has combined annual receipts not in excess of $11
million, for all its affiliated operations worldwide.
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\1\ Affiliate data for 2019-2021 were provided by the NMFS NEFSC
Social Science Branch. This is the latest affiliate data set
available for analysis.
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A total of 655 affiliates had a Federal party/charter permit for
summer flounder, scup, and or black sea bass during 2019-2021. All of
these 655 affiliates were categorized as small businesses based on
their average 2019-2021 revenues. Of these, 302 affiliates reported
that the majority of their revenues in 2021 came from for-hire fishing.
It is not possible to determine what proportion of their revenues came
from fishing for an individual species. Nevertheless, given the
popularity of summer flounder, scup, and black sea bass as recreational
species, revenues generated from these species are likely important for
many of these affiliates at certain times of the year.
Data on for-hire revenues associated with individual species are
not available. The Northeast Fisheries Science Center (NEFSC) affiliate
database suggests that the three year (2019-2021) average annual
combined gross receipts for-hire fishing activity for all species
combined for all affiliates that held Federal party/charter permits for
summer flounder, scup, and/or black sea bass was $46.95 million.
Affiliates represent groupings of vessels with common owners. The
contribution of summer flounder, scup, and black sea bass to these
revenues is unknown.
Summer flounder, scup, and black sea bass are popular recreational
species in the mid-Atlantic and southern New England, and revenues
generated from these species are likely important for many of these
affiliates at certain times of the year. However, it is unlikely that
they accounted for most of the $49.65 million in for-hire revenues for
the potentially impacted for-hire affiliates.
The entities affected by this action include recreational for-hire
operations holding Federal summer flounder, scup, or black sea bass
party/charter permits. For-hire revenues are impacted by a variety of
factors, including regulations and demand for for-hire trips for summer
flounder, scup, black sea bass, and other potential target species;
weather; the economy; and other factors. In addition, under similar
regulations, recreational harvest of these species is variable.
Therefore, it is not possible to accurately quantify the economic
impact of the status quo summer flounder regulations or the black sea
bass or scup restrictions on for-hire revenues. However, it would
generally be expected that for-hire revenues may be similar in 2023 in
response to the summer flounder regulations remaining status quo, and
slightly decrease in response to the black sea bass and scup
reductions, assuming all other factors that impact revenues are
unchanged.
Because this rule will not have a significant economic impact on a
substantial number of small entities, an initial regulatory flexibility
analysis is not required and none has been prepared.
This proposed 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: March 24, 2023.
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
proposed to be 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. 648.104, revise paragraph (b) to read as follows:
Sec. 648.104 Summer flounder size requirements.
* * * * *
(b) Party/charter permitted vessels and recreational fishery
participants. The minimum size for summer flounder is 18-inches (45.72-
cm) total length for all vessels that do not qualify for a summer
flounder moratorium permit under Sec. 648.4(a)(3), and charter boats
holding a summer flounder moratorium permit if fishing with more than
three crew members, or party boats holding a summer flounder moratorium
permit if fishing with passengers for hire or carrying more than five
crew members, unless otherwise specified in the conservation
equivalency regulations at Sec. 648.107. If conservation equivalency
is not in effect in any given year, possession of smaller (or larger,
if applicable) summer flounder harvested from state waters is allowed
for state-only permitted vessels when transiting Federal waters within
the Block Island Sound Transit Area provided they follow the provisions
at Sec. 648.111 and abide by state regulations.
* * * * *
0
3. In Sec. 648.105, revise text to read as follows:
Sec. 648.105 Summer flounder recreational fishing season.
No person may fish for summer flounder in the EEZ from May 15
through September 22 unless that person is the owner or operator of a
fishing vessel issued a commercial summer flounder moratorium permit,
or is issued a summer flounder dealer permit, or unless otherwise
specified in the conservation equivalency measures at Sec. 648.107.
Persons aboard a commercial vessel that is not eligible for a summer
flounder moratorium permit are subject to this recreational fishing
season. This time period may be adjusted pursuant to the procedures in
Sec. 648.102. Possession of summer flounder harvested from state
waters during this time is allowed for state-only permitted vessels
when transiting Federal waters within the Block Island Sound Transit
Area provided they follow the provisions at Sec. 648.111 and abide by
state regulations.
0
4. In Sec. 648.106, revise paragraph (a) to read as follows:
Sec. 648.106 Summer flounder possession restrictions.
(a) Party/charter and recreational possession limits. No person
shall possess more than three summer flounder in, or harvested from,
the EEZ, per trip unless that person is the owner or operator of a
fishing vessel issued a summer flounder moratorium permit, or is issued
a summer flounder dealer permit, or unless otherwise specified in the
conservation equivalency measures at Sec. 648.107. Persons aboard a
commercial vessel that is not eligible for a summer flounder moratorium
permit
[[Page 19050]]
are subject to this possession limit. The owner, operator, and crew of
a charter or party boat issued a summer flounder moratorium permit are
subject to the possession limit when carrying passengers for hire or
when carrying more than five crew members for a party boat, or more
than three crew members for a charter boat. This possession limit may
be adjusted pursuant to the procedures in Sec. 648.102. Possession of
summer flounder harvested from state waters above this possession limit
is allowed for state-only permitted vessels when transiting Federal
waters within the Block Island Sound Transit Area provided they follow
the provisions at Sec. 648.111 and abide by state regulations.
* * * * *
0
5. 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 2023 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.
* * * * *
0
6. Revise Sec. 648.127 to read as follows:
Sec. 648.127 Scup recreational fishing season.
Fishermen and vessels that are not eligible for a scup moratorium
permit under Sec. 648.4(a)(6), may possess scup from May 1 through
December 31, subject to the possession limit specified in Sec.
648.128(a). The recreational fishing season may be adjusted pursuant to
the procedures in Sec. 648.122. Should the recreational fishing season
be modified, non-federally permitted scup vessels abiding by state
regulations may transit with scup harvested from state waters on board
through the Block Island Sound Transit Area following the provisions
outlined in Sec. 648.131.
0
7. In Sec. 648.128, revise paragraph (a) to read as follows:
Sec. 648.128 Scup possession restrictions.
(a) Party/Charter and recreational possession limits. No person
shall possess more than 40 scup in, or harvested from, the EEZ per trip
unless that person is the owner or operator of a fishing vessel issued
a scup moratorium permit, or is issued a scup dealer permit. Persons
aboard a commercial vessel that is not eligible for a scup moratorium
permit are subject to this possession limit. The owner, operator, and
crew of a charter or party boat issued a scup moratorium permit are
subject to the possession limit when carrying passengers for hire or
when carrying more than five crew members for a party boat, or more
than three crew members for a charter boat. This possession limit may
be adjusted pursuant to the procedures in Sec. 648.122. However,
possession of scup harvested from state waters above this possession
limit is allowed for state-only permitted vessels when transiting
Federal waters within the Block Island Sound Transit Area provided they
follow the provisions at Sec. 648.131 and abide by state regulations.
* * * * *
0
8. Revise Sec. 648.146 as follows:
Sec. 648.146 Black sea bass recreational fishing season.
Vessels that are not eligible for a black sea bass 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 September 8, unless otherwise specified in the
conservation equivalent measures described in Sec. 648.151 or unless
this time period is adjusted pursuant to the procedures in Sec.
648.142. However, possession of black sea bass harvested from state
waters outside of this season is allowed for state-only permitted
vessels when transiting Federal waters within the Block Island Sound
Transit Area provided they follow the provisions at Sec. 648.151 and
abide by state regulations.
0
9. In Sec. 648.147, revise paragraph (b) to read as follows:
Sec. 648.147 Black sea bass size requirements.
* * * * *
(b) Party/Charter permitted vessels and recreational fishery
participants. The minimum fish size for black sea bass is 15 inches
(38.1 cm) total length for all vessels that do not qualify for a black
sea bass moratorium permit, and for party boats holding a black sea
bass moratorium permit, if fishing with passengers for hire or carrying
more than five crew members, and for charter boats holding a black sea
bass moratorium permit, if fishing with more than three crew members,
unless otherwise specified in the conservation equivalent measures as
described in Sec. 648.151. However, possession of smaller black sea
bass harvested from state waters is allowed for state-only permitted
vessels when transiting Federal waters within the Block Island Sound
Transit Area provided they follow the provisions at Sec. 648.151 and
abide by state regulations.
0
10. Revise Sec. 648.151 to read as follows:
Sec. 648.151 Black sea bass conservation equivalency.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by the states of Maine
through North Carolina for 2023 are the conservation equivalent of the
season, size limits, and possession limit prescribed in Sec. Sec.
648.146, 648.147(b), and 648.145(a). This determination is based on a
recommendation from the Black Sea Bass Board of the Atlantic States
Marine Fisheries Commission.
(1) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels
harvesting black sea bass in or from the EEZ and subject to the
recreational fishing measures of this part, landing black sea bass in a
state whose fishery management measures are determined by the Regional
Administrator to be conservation equivalent shall not be subject to the
more restrictive Federal measures, pursuant to the provisions of Sec.
648.4(b). Those vessels shall be subject to the recreational fishing
measures implemented by the state in which they land.
(2) [Reserved]
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels
registered in states and subject to the recreational fishing measures
of this part, whose fishery management measures are not determined by
the Regional Administrator to be the conservation equivalent of the
season, size limits and possession limit prescribed in Sec. Sec.
648.146, 648.147(b), and 648.145(a), respectively, due to the lack of,
or the reversal of, a conservation-equivalent recommendation from the
Black Sea Bass Board of the Atlantic States Marine Fisheries Commission
shall be subject to the following precautionary default measures:
Season--June 1 through August 31; minimum size--16 inches (40.64 cm);
and possession limit--2 fish.
[FR Doc. 2023-06568 Filed 3-29-23; 8:45 am]
BILLING CODE 3510-22-P