[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55411-55419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17121]



[[Page 55411]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230804-0184]
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: Final rule.

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SUMMARY: NMFS announces 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. 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: This rule is effective August 15, 2023.

ADDRESSES: Copies of this final rule and the small entity compliance 
guide prepared for permit holders are available from: Michael Pentony, 
Regional Administrator, Greater Atlantic Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01938 and accessible via the 
internet at: https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/northeast-groundfish-monitoring-program.

FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Policy Analyst, 
(978) 281-9145, 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. 
This is the first time a new approach for developing recreational 
summer flounder, scup, and black sea bass recreational management 
measures is being used. The new process, referred to as the Percent 
Change Approach, was part of Framework Adjustment 17 to the Summer 
Flounder and Black Sea Bass Fishery Management Plan (FMP) and Framework 
Adjustment 6 to the Bluefish FMP (March 9, 2023, 88 FR 14499). The 
Percent Change Approach is a harvest control rule designed by the 
Council and Commission for use in managing mid-Atlantic recreational 
fisheries and 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.
    In this final rule, NMFS is implementing conservation equivalency 
to manage the 2023 summer flounder and black sea bass recreational 
fisheries, as proposed on March 30, 2023 (88 FR 19046). 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. States, through the Commission, 
are collectively implementing measures designed to constrain landings 
to the 2023 harvest targets. Vessels fishing in Federal waters and 
Federal party/charter vessels are subject to the regulations in the 
state in which 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 (88 FR 19046, March 30, 2023) and not repeated here.
    For scup, we are implementing a 40-fish possession limit, and an 
open season of May 1 through December 31. These measures are consistent 
with the December 2022 recommendation of the Council and Commission's 
Summer Flounder, Scup, and Black Sea Bass Board. However, at the March 
2, 2023, meeting of only the Board, the Board requested that we 
reconsider the January 1 through April 30 Federal scup closure. Our 
rationale (which incorporates our reconsideration) for implementing the 
closure is explained in more detail below.

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.

[[Page 55412]]



Table 1--Estimated 2023 Scup Harvest, Associated CI, 2023 RHL, Stock Size Category, and Resulting Percent Change
                                              Recommended for 2023
----------------------------------------------------------------------------------------------------------------
   Estimated harvest under                                            Stock size
     Status quo measures         80-percent CI       2023 RHL          category       Recommended percent change
----------------------------------------------------------------------------------------------------------------
14.31 million lb (6,490 mt)..  11.55-16.26       9.27 million lb  Very High.........  10-Percent Reduction.
                                million lb \1\    (4,204 mt).
                                (5,216-7,375
                                mt).
----------------------------------------------------------------------------------------------------------------
\1\ In the proposed rule, the incorrect CI of 9.90-17.40 million lb (4,490-7,892 mt) was presented. This CI is
  the correct value range. It does not change the conclusions.

    The previously implemented Federal recreational scup management 
measures were a 10-inch (25.4-cm) minimum fish size, a 50-fish per 
person possession limit, and a year-round open season.
    The measures being implemented in state waters collectively achieve 
a reduction of approximately 9.5 percent. The exact contribution (in 
terms of the percent reduction) of the Federal actions cannot be 
accurately quantified, but they will contribute to the overall 
reduction, and we expect the required 10-percent reduction will be 
achieved by the combined Federal actions and state waters measures.
    Given the timing of the management process, Federal and state 
waters measures are not possible to implement at the start of the 
fishing year (January 1), and often are not effective until spring 
(May/June). However, the analyses used to determine the needed 
management changes often assume that changes can and will be made 
throughout the fishing year. Given the timing of this final rule, the 
Federal scup closure from January through April will not be effective 
until 2024. If, during the course of the fishing year, data indicate 
that the closure is not necessary, there are opportunities for the 
Council and the Commission's Summer Flounder, Scup, and Black Sea Bass 
Board to recommend action prior to January 1, to reopen all or some of 
the closure. At this time, we cannot determine that it would be 
appropriate to eliminate the closure. Additionally, the States of 
Massachusetts, Rhode Island, Connecticut, and New Jersey, where more 
than 99 percent of all recreationally harvested scup are landed, have 
all selected State waters measures that include a closure during 
January through April to help achieve the required reduction. These 
State waters closures will remain in place in 2024, and having Federal 
waters closed during the same period next year will promote compliance 
and enforcement with the States' measures.
    We are implementing a Federal recreational scup possession limit of 
40 fish per person, and an open season from May 1 through December 31. 
No changes to the Federal minimum size are being made. The Federal 
measures, in conjunction with changes to state waters measures, are 
expected to achieve the needed 10-percent harvest reduction.

Summer Flounder Recreational Management Measures

    On April 20, 2023, the Commission notified NMFS that it has 
certified that the 2023 recreational fishing measures required to be 
implemented in state waters for summer flounder 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 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 2023.
    In addition, this action revises the default `non-preferred' summer 
flounder coastwide measures at Sec. Sec.  648.104(b), 648.105, and 
648.106(a). For 2023, the non-preferred coastwide measures are an 18-
inch (45.72-cm) minimum fish size; a 3-fish per person possession 
limit; and an open season from May 15 through 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 non-preferred coastwide measures become the default 
management measures in the subsequent fishing year, in this case 2024, 
until the joint process establishes either non-preferred coastwide 
measures or conservation-equivalency measures for the next year.

Black Sea Bass Recreational Management Measures

    On April 20, 2023, the Commission notified NMFS that it has 
certified that the 2023 recreational fishing measures required to be 
implemented in state waters for black sea bass are, collectively, the 
conservation equivalent of the season, fish size, and possession limit 
prescribed in Sec. Sec.  648.145(a), 648.146, and 648.147(b). According 
to Sec.  648.142(d)(2), 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 648.151 is amended through this final rule to 
recognize state-implemented measures as the conservation equivalent of 
the Federal coastwide recreational management measures for 2023.
    In addition, this action revises the default `non-preferred' black 
sea bass coastwide measures. For 2023, the non-preferred coastwide 
measures are: A 15-inch (12.7-cm) minimum size; a 5-fish possession 
limit; and an open season of May 15 through 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 non-preferred coastwide 
measures become the default management measures in the subsequent 
fishing year, in this case 2024, until the joint process establishes 
either non-preferred coastwide measures or conservation-equivalency 
measures for the next year.

Changes From the Proposed Rule

    There are no changes to the proposed rule, but there are 
corrections to two tables that appeared in the proposed rule. As noted 
above, the estimated scup harvest's CI values in Table 1 have been 
corrected. In the proposed rule, the incorrect CI was presented. In 
this rule, the correct CI is included in Table 1.
    Further, in the proposed rule, Table 3 contained the incorrect 
black sea bass RHL value. The following table, Table 2, contains the 
correct RHL.

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   Table 2--Estimated 2023 Black Sea Bass Harvest, Associated CI, 2023 RHL, Stock Size Category, and Resulting
                                       Percent Change Recommended for 2023
----------------------------------------------------------------------------------------------------------------
   Estimated harvest under                                            Stock size
     status quo measures         80-percent CI       2023 RHL          category       Recommended percent change
----------------------------------------------------------------------------------------------------------------
7.93 million lb (3,597 mt)...  7.17-8.63         6.57 million lb  Very High.........  10-Percent Reduction.
                                million lb        \2\ (2,981 mt).
                                (3,252-3,915
                                mt).
----------------------------------------------------------------------------------------------------------------
\2\ In the proposed rule, an incorrect RHL of 6.74 million lb (3,057 mt) was listed. This RHL is the correct
  value. It does not change the conclusions.

    The errors existed only in the proposed rule tables and did not 
affect the determination of recreational measures.

Comments and Responses

    We received 14 unique comment letters in response to the proposed 
rule (88 FR 19046, March 30, 2023). Comments are grouped and summarized 
by topic. One of these comments was not relevant to the proposed rule 
and is not discussed further. Many comments focused in whole or in part 
on state measures or on the allocation between the commercial and 
recreational fisheries, neither of which were part of the proposed 
action and, therefore, are not addressed in the following responses.

General Comments on the 2023 Recreational Measures

    Comment 1: The Massachusetts Division of Marine Fisheries (MADMF) 
generally supported approval of the proposed measures and focused on 
the need for, and benefits of, the proposed Federal recreational scup 
measures. Three commenters generally opposed approval of the proposed 
2023 recreational measures. Specifically, one individual opposed 
conservation equivalency because it is based on the overall weight of 
catch and not fish lengths. A party/charter fishing advocate opposed 
closed seasons and cited negative economic effects. The Natural 
Resources Defense Council (NRDC) opposed the proposed measures because 
they are based on the new process (known as the Percent Change 
Approach) for setting recreational measures (i.e., bag, size, and 
season limits) implemented by Framework Adjustment 17 (88 FR 14499, 
March 9, 2023). In particular, NRDC argued the recreational measures 
for 2023 would allow recreational catch to exceed the recreational 
annual catch limits (ACL) in violation of National Standard 1 of the 
Magnuson-Stevens Fishery Conservation and Management Act (MSA).
    Response: The Council and the 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 `non-preferred' coastwide measures or approve 
state-developed conservation-equivalent measures per Sec. Sec.  
648.102(d) and 648.142(d), as soon as possible following the 
recommendation from the Council and Commission. On April 20, 2023, the 
Commission formally notified us of its determination that the states 
have implemented, or are in the process of implementing conservation-
equivalent state measures that should be approved for 2023. In 
accordance with Sec. Sec.  648.107(a)(1) and 648.142(d)(2), in this 
final rule we are approving and implementing conservation equivalency 
for both species for 2023. For scup, we are implementing adjustments to 
the Federal recreational season and possession limit for 2023 as 
proposed. We respond in detail to specific comments on the measures 
below.
    Comment 2: A party/charter fishing advocate commented that the 2023 
recreational measures for summer flounder, scup, and black sea bass 
create a disparate and negative economic effect to the party/charter 
industry in the mid-Atlantic and southern New England. The commenter 
argued that the economic cost for an angler to go fishing is high, 
continues to rise, and is not considered by the Council in the 
specification-setting process. This commenter also stated that the 
rising cost penalizes the party/charter sector and any angler who is 
specifically targeting black sea bass for food rather than targeting 
striped bass as a sportfish. The Stellwagen Bank Charter Boat 
Association (SBCBA) recommended that the party/charter fleet have 
separate seasons and possession limits from private recreational 
anglers because the fleet needs to operate a financially viable 
business while providing access to the fishery for the public.
    Response: The 2023 recreational measures were developed and 
analyzed using the new Recreational Demand Model (RDM). The RDM 
explicitly models the relationship between policy- or stock-induced 
changes in trip outcomes and angler behavior. There are three main 
components of the RDM: An angler behavioral model; a calibration sub-
model; and a projection sub-model. The angler behavioral model uses 
choice experiment survey data (angler survey responses on possible 
recreational measures) to estimate angler preferences for harvesting 
and discarding summer flounder, scup, and black sea bass. The 
projection sub-model computes expected effects on angler effort, angler 
welfare, the local economy, and recreational fishing mortality. Using 
the model, the Council and Commission considered 225 options for scup, 
summer flounder, and black sea bass measures to achieve the 
recreational harvest targets determined by the application of the 
Percent Change Approach.
    In addition to the overall socioeconomic effects included in the 
RDM, the Council conducted an evaluation of the potential socioeconomic 
impacts of the proposed measures as part of the Regulatory Impact 
Review (RIR) and Regulatory Flexibility Analysis (RFA) (see ADDRESSES). 
The RFA evaluated not only the preferred measures, but also non-
preferred alternatives, and examined the economic effects to federally 
permitted party/charter vessels. It is not possible to accurately 
quantify the economic impact of measures on party/charter vessels, but 
all the affected party/charter businesses were determined to be small 
businesses. The restrictions for scup and black sea bass to achieve a 
10-percent reduction in harvest could result in a decrease in for-hire 
trips, decreased for-hire revenues, and overall slight negative impacts 
to the recreational for-hire businesses. No impacts to for-hire 
businesses are expected from state/regional summer flounder measures 
because they are expected to remain unchanged.
    Comment 3: The SBCBA commented that the proposed 10-percent 
recreational harvest reduction for scup and black sea bass is 
inconsistent with its observations of biomass of both species in 
Massachusetts' waters.

[[Page 55414]]

Further, it stated that the ongoing and continued reductions in seasons 
and bag limits at a time when its observations of black sea bass and 
scup biomass have significantly increased has the public frustrated and 
losing confidence in the fishery management process.
    Response: We agree the biomass of scup and black sea bass are 
currently very high. Each species' biomass is more than 150 percent of 
the target level. However, the Percent Change Approach evaluates not 
only the current biomass in relation to the target biomass, but also 
evaluates the projected harvest under status quo measures against the 
RHL.
    Application of the Percent Change Approach and the RDM resulted in 
a recommended 10-percent reduction in scup harvest in 2023. This is 
because even though scup has a very high biomass (more than 150 percent 
of the target level), harvest under status quo measures is expected to 
be above the 2023 RHL. The Federal scup measures implemented by this 
rule, in conjunction with changes to state waters measures, are 
projected to achieve the needed 10-percent harvest reduction.
    Additionally, this rule does not implement state-specific measures 
for black sea bass and summer flounder, but waives the Federal 
recreational measures for both species. Under conservation equivalency, 
Federal recreational measures are waived and federally permitted party/
charter vessels and all private recreational vessels fishing in Federal 
waters are subject to the recreational fishing measures implemented by 
the state in which they land. States and regions set their own 
management measures, which are approved through the Commission process.

Comments on the National Standards

    Comment 4: NRDC argued the recreational measures for 2023 would 
allow recreational catch to exceed the recreational ACLs in violation 
of National Standard 1. Specifically, NRDC alleged the proposed 
recreational measures, and the Percent Change Approach in general, 
would not constrain recreational catch to the recreational ACLs. It 
further argued that any recreational ACL overage would risk exceeding 
the acceptable biological catch (ABC) or overfishing limit (OFL) 
because the available catch for each stock is allocated fully between 
the commercial and recreational sectors.
    Response: National Standard 1 states that conservation and 
management measures shall prevent overfishing while achieving, on a 
continuing basis, the optimum yield from each fishery for the United 
States fishing industry. The National Standard guidelines clarify that 
this means producing an amount of catch that is, on average, equal to 
the Council's specified optimal yield; prevents overfishing; maintains 
the long-term average biomass near or above the target biomass; and 
rebuilds overfished stocks and stock complexes.
    The Percent Change Approach has been established by the rulemaking 
implementing Frameworks 17 and 6 and, as such, must be followed in 
setting the recreational management measures in this action. Deviating 
from this approach would require new rulemaking to modify Frameworks 17 
and 6, which is beyond the scope of this action. However, as explained 
in detail in the final rule implementing Framework 17, the new Percent 
Change Approach is a harvest control rule designed by the Council and 
Commission for use in managing mid-Atlantic recreational fisheries and 
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 the CI around an estimate of expected 
harvest under status quo measures to the average 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.
    The Percent Change Approach does not change the process for setting 
measurable and objective status determination criteria (OFL, ABC, ACL) 
as required by National Standard 1. The status determination criteria 
continue to be based on the best available scientific information as 
determined by the Council's Scientific and Statistical Committee. The 
Percent Change Approach does not eliminate the recreational ACL or RHL, 
and continues to use both in the process of setting measures and 
evaluating accountability measures (AM). Together, these measures meet 
the requirements of National Standard 1. The Percent Change Approach is 
a method for determining the need for, and extent of, recreational 
fishing measures to prevent overfishing while allowing catch to target 
optimal yield. This new approach attempts to constrain harvest in order 
to prevent overfishing while also acknowledging that recreational catch 
estimates are uncertain and often highly variable (more so than 
commercial catch estimates). The Percent Change Approach makes 
incremental adjustments, thus reducing the tendency of management 
measures to chase after the highs and lows by either liberalizing or 
restricting measures too much in any given year in reaction to 
potentially large swings in recreational catch estimates.
    The approach also builds in more precaution for stocks at lower 
biomass levels. Biomass levels and the target are taken directly from 
the approved and peer-reviewed stock assessments that occur every other 
year. Consider that when a stock biomass is in decline, it often 
becomes less available to the recreational fishery and, therefore, 
catch estimates may decline relative to the RHL. Formerly, management 
measures would be liberalized, sometimes significantly, while catch 
fell due to a declining biomass, increasing fishing pressure on a 
declining stock. Conversely, as healthy stocks increase, sometimes far 
above the target biomass level, such as the current situations with 
black sea bass and scup, the fish become more available to the fishery, 
even under restrictive measures, resulting in catch estimates that 
exceed the RHL. However, what appear to be overages have, in these 
circumstances, been found to have no negative biological impact on 
abundant stocks, as when we continue to see increases in biomass in a 
subsequent stock assessment. Therefore, not all overages result in 
overfishing. For example, black sea bass has not been subject to 
overfishing in over 10 years despite sustained high recreational catch 
levels that sometimes exceeded the RHL and the recreational ACL.
    Prior to implementing the Percent Change Approach, the method used 
to determine recreational measures used the same criteria (RHL and 
estimated catch), but did not consider or incorporate stock biomass in 
determining the extent of changes (whether more liberal or more 
conservative). The old method prescribed the same degree of changes to 
management measures whether a stock biomass was considered overfished 
(less than 50 percent of its maximum sustainable yield target) or over 
200 percent of its target level. The Percent Change Approach also 
considers the estimated harvest compared to the RHL, but, in contrast 
to the previous approach, also incorporates information about stock 
status to determine whether, and how much, to either liberalize or 
restrict management measures. This ensures more conservative responses 
than the previous method for stocks in lower biomass conditions while 
allowing potentially more liberal responses only for stocks at very 
high biomass levels.

[[Page 55415]]

    NRDC's comments focus on the Percent Change Approach for setting 
the management measures, but that is only one component of the 
management system. In addition to setting the status determination 
criteria, AMs remain a critical part of management. The AMs incorporate 
the explicit consideration of fishing mortality to determine if 
overfishing occurred, which has the effect of more accurately 
reflecting when more stringent adjustments to management measures are 
needed. Thus, the Percent Change Approach is consistent with the 
National Standard 1 requirement to use status determination criteria to 
determine overfishing status.

Comments on Summer Flounder Measures

    Comment 5: NRDC commented that the 10.92-million lb (4,953 mt) 
summer flounder harvest target for 2023 is above the 10.62-million lb 
(4,817 mt) RHL specified for 2023 (88 FR 11, January 3, 2023), argued 
that including dead discards would exceed the 14.9-million lb (6,759 
mt) recreational ACL, and alleged this violates the MSA.
    Response: The Percent Change Approach does not eliminate the 
recreational ACL or RHL, and continues to use both in the process of 
setting measures and evaluating AMs. We expect summer flounder harvest 
under the status quo measures to be consistent with the RHL. As 
explained in detail below, application of the Percent Change Approach 
and the RDM generated conflicting results for summer flounder depending 
on the model parameters used. The 10.92-million lb (4,953 mt) summer 
flounder harvest target is only one of the estimated outcomes of the 
recreational measures, and is not statistically different from the 
10.62-million lb (4,817 mt) RHL specified for 2023, as indicated by the 
80-percent CI of 9.23-12.94 million lb (4,186-5,869 mt).
    The intent of the Percent Change Approach is to iteratively adjust 
measures as necessary to prevent overfishing and more closely monitor 
the impact that recreational harvest has on a stock. The potential 
annual adjustments are constrained within a range of certain 
percentages in order to minimize the social and economic impact of the 
large adjustments that were sometimes implemented under the previous 
system and that were driven by large statistical fluctuations in the 
data used to estimate catch.
    Recreational data are highly variable and uncertain due, in part, 
to the sampling protocols used to separately collect information about 
effort and catch data. Catch estimates, even under consistent 
management measures, vary substantially from year to year. An effective 
system of managing the recreational fishery must acknowledge and 
address this variability and uncertainty. The past approach of reacting 
to large and uncertain swings in estimated harvest by correspondingly 
liberalizing or reducing those management controls in the subsequent 
year, in an attempt to achieve a specific harvest target, has been 
unsuccessful by all standards. The Percent Change Approach allows 
managers to consider additional scientific information beyond simply 
using an uncertain catch estimate when setting recreational measures to 
achieve optimum yield. Based on an evaluation of the current harvest 
levels compared to the upcoming RHLs and of the biomass relative to the 
target, the Percent Change Approach prescribes the degree of change 
necessary to be achieved by the recreational management measures. When 
a stock is at a lower biomass than the management target, such as the 
current situation for summer flounder, the management responses are 
more precautionary. This is because the conservation risk associated 
with overages is greater for stocks that are less abundant, whereas 
stocks that are well above their target biomass are more robust in the 
face of higher levels of fishing mortality. The overall goal of the 
Percent Change Approach is to iteratively adjust management measures to 
achieve the RHL, while minimizing potential overreaction 
(overcorrection) to annual variability in the harvest estimates.
    As explained in detail in the proposed rule (88 FR 19046, March 30, 
2023), this is the first time the Percent Change Approach was used for 
developing summer flounder, scup, and black sea bass recreational 
management measures. Application of the Percent Change Approach and the 
RDM generated conflicting results for summer flounder, 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 summer flounder harvest under status quo measures was 8.38 
million lb (3,801 mt), which is below the 2023 RHL. When an average of 
2018-2022 MRIP data was used to determine the catch per trip, the 
model-estimated summer flounder harvest was 10.92 million lb (4,953 
mt), which is slightly above the 2023 RHL. While these estimates are 
not significantly different, because of the way the Percent Change 
Approach uses the estimates and CIs, the recommended management action 
resulting from each estimate 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 non-preferred coastwide measures, but ultimately decided to 
maintain status quo measures at the state and regional levels. This 
rule adopts the Council's recommendation.
    Comment 6: One member of the public, who opposed conservation 
equivalency because it is based on overall weight of catch and not fish 
lengths, commented that breeding summer flounder should not be targeted 
and argued there should be a possession limit of one 20-inch (50.8-cm) 
or larger fish per person per day. The individual further commented 
that mostly 16-inch (40.6-cm) to 19-inch (48.3-cm) summer flounder 
should be retained. A second member of the public commented that summer 
flounder recreational measures should be four fish with a minimum fish 
size of 16 inches (40.6 cm), with an open season from April 29 through 
October 10. This second individual also suggested we consider separate 
measures and seasons for inshore and offshore areas.
    Response: This rule does not implement state-specific measures for 
summer flounder, but rather waives the Federal recreational measures 
for summer flounder. 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. States and regions set their own management 
measures, which are then approved through the Commission process.
    The combination of state or regional measures must achieve 
equivalent conservation in lieu of the non-preferred coastwide 
measures, which are intended to maintain a status quo recreational 
harvest. The coastwide harvest target was calculated using the Percent 
Change Approach and the RDM. The non-preferred coastwide measures that 
are being waived include an 18-inch (45.7-cm) minimum size, a 3-fish 
bag limit, and an open season from May 15

[[Page 55416]]

through September 22. The precautionary default measures remain 
unchanged and include a 20-inch (50.8-cm) minimum size, a 2-fish bag 
limit, and an open season from July 1 through August 31. With the 
adoption and implementation of conservation equivalency, these 
particular management measures will not be applicable to summer 
flounder in 2023.

Comments on Black Sea Bass Measures

    Comment 7: NRDC commented that the 7.14-million lb (3,239 mt) black 
sea bass harvest target for 2023 is above the 6.57-million lb (2,981 
mt) RHL specified for 2023 (88 FR 11, January 3, 2023), argued that 
including dead discards would exceed the 9.16-million lb (4,156 mt) 
recreational ACL, and alleged this violates the MSA.
    Response: As explained in the response to Comment 5, the goal of 
the Percent Change Approach is to iteratively adjust management 
measures to achieve the RHL, while minimizing potential overreaction 
(overcorrection) to annual variability in the harvest estimates. From 
2018 to 2021, recreational management measures for summer flounder, 
scup, and black sea bass remained unchanged, yet the estimated harvest 
varied by as much as 45 percent from year to year. Estimated black sea 
bass recreational catch ranged from 10.20 million lb to 16.17 million 
lb (4,626 to 7,335 mt) from 2018 to 2021 despite nearly all management 
measures remaining the same. Such significant differences in estimated 
catch under the same management measures (input controls) has made 
setting management measures in a manner that will precisely reach, but 
not exceed, a specific catch limit in any given year extremely 
challenging. Reacting to these large, uncertain swings in estimated 
harvest, by liberalizing or reducing those management controls in the 
subsequent year in an attempt to achieve a specific harvest target, has 
been unsuccessful by all standards. This has been particularly 
difficult with robust stocks, such as scup and black sea bass, which 
continue to grow even in situations where harvest has exceeded 
previously set limits. Such stocks that are readily and widely 
available to the recreational fishery because of their high abundance 
will continue to be harvested, even with very restrictive management 
measures, and the previous recreational measures-setting process would 
have continued to chase a target that has proven difficult to reach.
    The Percent Change Approach allows managers to consider additional 
scientific information beyond an uncertain catch estimate when setting 
recreational measures to achieve optimum yield. Based on an evaluation 
of the current harvest levels compared to the upcoming RHLs, and the 
biomass relative to the target, the Percent Change Approach prescribes 
the degree of change necessary to be achieved by the recreational 
management measures. When a stock is at a lower biomass (below the 
biomass target) the management responses are more precautionary. For 
example, even when harvest is expected to be close to the upcoming RHL, 
a 10-percent reduction is required for a stock in the low biomass 
category. For stocks such as black sea bass that have a very high 
biomass (more than 150 percent of the biomass target), a liberalization 
of no more than 10 percent would be allowed when harvest is close to 
the RHL. When harvest is expected to be higher than the RHL, a 
reduction is required regardless of stock size, but a reduction may be 
more significant for stocks at lower stock sizes. For stocks at very 
high biomass, a 10-percent reduction is required, and stocks at a high 
and low biomass are required to take a reduction based on the 
difference between the harvest estimate and RHL. This is because the 
conservation risk associated with overages is greater for stocks that 
are less abundant, whereas stocks that are well above their target 
biomass are more robust in the face of higher levels of fishing 
mortality.
    Application of the Percent Change Approach and the RDM resulted in 
a recommendation of a 10-percent reduction in black sea bass harvest in 
2023. This is because black sea bass has a very high biomass, but 
harvest under status quo measures is expected to be above the RHL. As 
healthy stocks increase, sometimes far above the target biomass level, 
such as with black sea bass and scup in 2023, the fish become more 
available to the fishery, even under restrictive measures, resulting in 
catch estimates that exceed the RHL. However, what appear to be 
overages often have no negative biological impact on abundant stocks. 
We continue to see increases in biomass of these stocks through 
subsequent stock assessments. The conservation risk of the Percent 
Change Approach, which reduces the magnitude of a needed reduction 
compared to what would occur with the previous approach, on a stock 
that is over 150 percent of its biomass target, is negligible. The 
Magnuson-Stevens Act defines overfishing as a ``rate or level of 
fishing mortality that jeopardizes the capacity of a fishery to produce 
the maximum sustainable yield on a continuing basis'' (emphasis added). 
This scenario in which a stock continues to maintain a biomass 
significantly above the target, does not constitute overfishing.
    It is important to again note the uncertainty in estimated 
recreational harvests; this uncertainty is one of the main drivers for 
adoption of the Percent Change Approach in Framework 17 and for being 
used in this action. Here, the 80-percent CI around the estimated black 
sea bass recreational harvest using status quo measures ranges from 
7.17 million lb (3,252 mt) to 8.63 million lb (3,914 mt), meaning that 
statistically the estimate can fall anywhere in that range with equal 
likelihood. If recreational harvest is at the lower end of the range, 
with the 10-percent reduction adopted here, the recreational harvest 
would fall below the RHL.
    Comment 8: One member of the public commented that black sea bass 
measures should include: A closure in January and February; a bag limit 
of 10 fish over 12 inches (30.5 cm) from April 30 through July 15; a 
bag limit of 2 fish over 13 inches (33 cm) from July 15 through 
September 1; and a bag limit of 10 fish over 13 inches (33 cm) from 
September 2 through December 31. A second individual argued the goal of 
changing measures for 2023 is to reduce recreational demand, not to 
increase it, and argued that increasing the minimum size for black sea 
bass increases the recreational demand. We also received several 
comments that expressed dissatisfaction with the specific state 
regulations that are being implemented to meet the conservationally 
equivalent reduction in recreational harvest of 10 percent.
    Response: This rule does not implement state-specific measures for 
black sea bass, but rather waives the Federal recreational measures for 
black sea bass. 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. States and regions set their own management measures, which are 
approved through the Commission process.
    The combination of state or regional measures must achieve 
equivalent conservation as the non-preferred coastwide measures. The 
coastwide harvest target was calculated using the Percent Change 
Approach and the RDM. The non-preferred coastwide measures that are 
being waived include a 15-inch (38.1-cm) minimum size, a 5-fish bag 
limit, and an open season from May 15 through September 8. The 
precautionary

[[Page 55417]]

default measures remain unchanged and include a 16-inch (40.6-cm) 
minimum size, a 2-fish bag limit, and an open season June 1 through 
August 31. With the adoption and implementation of conservation 
equivalency, these particular management measures will not be 
applicable to black sea bass in 2023.

Comments on Scup Measures

    Comment 9: NRDC commented that the 14.31-million lb (6,490 mt) scup 
harvest target for 2023 is above the 9.27-million lb (4,205 mt) RHL 
specified for 2023 (88 FR 11, January 3, 2023), argued that including 
dead discards would exceed the 10.39-million lb (4,713 mt) recreational 
ACL, and alleged this violates the MSA.
    Response: As explained in the responses to Comments 5 and 7, the 
goal of the Percent Change Approach is to iteratively adjust management 
measures to achieve the RHL, while minimizing potential overreaction 
(overcorrection) to annual variability in the harvest estimates.
    Application of the Percent Change Approach and the RDM resulted in 
a recommendation of a 10-percent reduction in scup harvest in 2023. 
This is because scup has a very high biomass, but harvest under status 
quo measures is expected to be above the RHL. As described in response 
to Comment 7, fish become more available to the fishery as healthy 
stocks increase, even under restrictive measures, resulting in catch 
estimates that exceed the RHL. However, what appear to be overages 
often have no negative biological impact on abundant stocks. We 
continue to see increases in biomass of these stocks through subsequent 
stock assessments. This scenario in which a stock continues to maintain 
a biomass significantly above the target does not constitute 
overfishing.
    It is important to again note the uncertainty in estimated 
recreational harvests. This uncertainty is one of the main drivers for 
adoption of the Percent Change Approach in Framework 17 and for being 
used in this action. Here, the 80-percent CI around the estimated scup 
recreational harvest using status quo measures ranges from 11.55 
million lb (5,216 mt) to 16.26 million lb (7,375 mt), meaning that 
statistically the estimate can fall anywhere in that range with equal 
likelihood. With the 10-percent reduction adopted here, recreational 
harvest of scup could be anywhere from 10.39 million pounds (4,715 mt) 
to 14.63 million pounds (6,638 mt), a range from 12 percent to 58 
percent over the RHL. With such high scup biomass, making drastic 
adjustments of recreational catch may prove to be unwarranted as stocks 
increase; thus, the Percent Change Approach adopted in Framework 17 
established a 10-percent reduction in this circumstance. To the extent 
that biomass remains high and additional reductions are needed the next 
time that recreational measures are developed, another 10-percent 
reduction would occur, moving gradually in the needed direction. 
However, in contrast with the inherent variability and uncertainty in 
recreational catch data in the context of a growing scup stock, drastic 
changes to measures could prove to be unwarranted, and could lead to 
the undesirable result of increased recreational discards of dead fish.
    Furthermore, a determination of overfishing involves analysis of 
total catch, which included commercial catch as well as recreational 
catch. An overage of the recreational ACL does not necessarily mean 
that the overall ABC was exceeded if underharvest of the commercial ACL 
is equal to or greater than that overage of the recreational ACL. While 
separate sub-ACLs are allocated to the commercial and recreational 
fisheries, overfishing is a biological determination at the stock 
level, not the sub-ACL level. The commercial fishery did not completely 
harvest its commercial quota in any year between 2016 and 2021. The 
commercial underharvest in those years ranged between 16 percent and 44 
percent. Moreover, from 2018 to 2021, the commercial sector only landed 
between 55 percent and 63 percent of its allocated scup quota, an 
annual average of 13.42 million lb (6,087 mt) landed compared to 22.67 
million lb (10,283 mt) of commercial quota. In such a scenario, a 
recreational harvest slightly above the RHL is unlikely to result in 
negative biological consequences for the scup stock where the overall 
total of commercial and recreational harvests remains below the overall 
ABC and overfishing levels.
    Comment 10: MADMF commented in support of the proposed scup 
measures. It highlighted that the regional approach for recreational 
scup management has often meant that the Southern States largely align 
their rules with the Federal measures while the Northern States amend 
their regulations to shoulder most of the burden needed to achieve, but 
not exceed, the recreational harvest target. Further, MADMF noted that 
all States from Massachusetts through North Carolina are closed to 
recreational black sea bass harvest during the months of January 
through April (with the rare exception of those that opt into the 
February access program), and the scup closure will help limit non-
compliance with the black sea bass retention prohibition and will help 
reduce regulatory discards of black sea bass, including discards of 
fish generally caught at deeper depths during this time of year that 
are more susceptible to barotrauma.
    Response: We agree, and have implemented scup recreational 
management measures for Federal waters as proposed.
    Comment 11: The SBCBA commented that closing the scup fishery from 
January through April does not benefit the healthy stock, but 
economically harms the party/charter industry. It argued the winter 
scup fishery is one of the only options to target a healthy stock 
during that portion of the year. However, SBCBA also stated there is 
little party/charter activity targeting scup in Federal waters in 
winter and noted there is no data from that part of the year available 
from MRIP. One individual argued that for-hire captains looking for 
scup during the winter have learned how to minimize any interaction 
with black sea bass during winter and recommended that scup possession 
should be allowed all year with a 25-fish possession limit and a 10-
inch (25.4-cm) minimum size.
    Response: We disagree. The Council and Commission voted for the 
Federal scup fishery to be closed January 1 through April 30 and for 
the Federal possession limit to be reduced from 50 fish to 40 fish to 
complement state measures and to achieve the required 10-percent 
reduction. The RDM cannot separate the analysis of Federal measures and 
state measures, and therefore included the Federal closure along with 
the state closures in the analysis of measures necessary to achieve the 
10-percent reduction. Accordingly, we have implemented scup 
recreational management measures for Federal waters as proposed.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the 
Assistant Administrator for Fisheries, NOAA, has determined that this 
final rule is consistent with the Summer Flounder, Scup, and Black Sea 
Bass Fishery Management Plan, other provisions of the Magnuson-Stevens 
Act, and other applicable law.
    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 action implements 2023 recreational

[[Page 55418]]

management measures for summer flounder, scup, and black sea bass.
    The Federal coastwide regulatory measures for recreational summer 
flounder fishing that were codified last year (87 FR 22863, April 18, 
2022) remain in effect until the decision to waive Federal measures for 
2023 is made effective by this final rule. Many states have already 
implemented their conservationally equivalent 2023 measures and 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 
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, which unnecessarily disadvantages federally permitted 
vessels who are subject to these more restrictive measures until this 
final rule is effective.
    The Federal measures currently in place for scup are more liberal 
than the measures this action will implement. Further delay of the 
implementation of the 2023 measures will increase the likelihood that 
the 2023 RHL and recreational ACL will be exceeded. The MSA requires 
that we implement measures to constrain recreational harvest to prevent 
overfishing.
    Unlike actions that require an adjustment period to comply with new 
rules, this action does not require recreational and charter/party 
operators to purchase new equipment or otherwise expend time or money 
to comply with this action's management measures. Rather, compliance 
with this final rule simply means adhering to the published state 
management measures for summer flounder and black sea bass 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 in the date of effectiveness and to implement 
this rule upon the date of publication in the Federal Register.
    This final 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. We received no comments 
regarding this certification. Therefore, a final regulatory flexibility 
analysis was not required and none was 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: August 4, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
648 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. Revise Sec.  648.105 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 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

[[Page 55419]]

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) 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. 2023-17121 Filed 8-14-23; 8:45 am]
BILLING CODE 3510-22-P