[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Rules and Regulations]
[Pages 32374-32379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08795]



[[Page 32374]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240419-0114]
RIN 0648-BM83


Fisheries of the Northeastern United States; 2024 and 2025 Summer 
Flounder and Scup, and 2024 Black Sea Bass Recreational Management 
Measures

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 2024 and 
2025 summer flounder fishery and the 2024 black sea bass recreational 
fishery. The implementing regulations for these fisheries require NMFS 
to publish recreational measures for each 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.

DATES: This rule is effective April 26, 2024.

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 01930, and accessible via the 
internet at: https://www.fisheries.noaa.gov/action/proposed-rule-implement-2024-and-2025-summer-flounder-and-scup-and-2024-black-sea-bass.

FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst, 
(978) 281-9116, or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic Fishery Management Council (Council) and the 
Atlantic States Marine Fisheries Commission (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, NMFS must implement coastwide measures or approve conservation-
equivalent measures, per 50 CFR 648.102(d) and 648.142(d), as soon as 
possible once the Council and Commission's makes their recommendation. 
This action approves conservation equivalency for summer flounder and 
black sea bass in 2024 and for summer flounder in 2025.
    For scup, no changes to the Federal recreational management 
measures are being implemented. The 2024 and 2025 Federal recreational 
scup management measures are a 10-inch (25.4-centimeters (cm)) minimum 
fish size, a 50-fish per person possession limit, and a year-round open 
season.

Conservation Equivalency

    In this final rule, NMFS is implementing conservation equivalency 
to manage the 2024 and 2025 summer flounder and 2024 black sea bass 
recreational fisheries, as proposed in the proposed rule published on 
February 23, 2024 (89 FR 13674). Under conservation equivalency, 
Federal recreational measures are waived 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 to constrain recreational harvest 
at a state or regional level that are likely to meet the needs of 
anglers in each area, as opposed 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 
Summer Flounder, Scup, and Black Sea Bass Board (Board) each year. 
States, through the Commission, are collectively implementing measures 
designed to constrain landings to the recreational harvest targets. 
Additional information on the development of these measures is provided 
in the proposed rule (see 89 FR 13674, February 23, 2024) and not 
repeated here.

Summer Flounder Recreational Management Measures

    On April 4, 2024, the Commission notified NMFS that it had 
certified that the 2024 and 2025 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 Sec. Sec.  648.104(b), 648.105, and 
648.106(a). Pursuant to Sec.  648.102(d)(2), if conservation 
equivalency is adopted, 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 2024 and 
2025.
    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 2024 and 2025, the non-preferred coastwide measures 
are: (1) an 18.5-inch (46.99-cm) minimum fish size; (2) a three-fish 
per person possession limit; and (3) an open season from May 8 to 
September 30. The coastwide measures become the default management 
measures the year after conservation equivalency expires (in this case 
2026) until the joint process establishes either coastwide or 
conservation-equivalency measures for the next year.

Black Sea Bass Recreational Management Measures

    On April 4, 2024, the Commission notified NMFS that it had 
certified that the 2024 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), if conservation equivalency is adopted, 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 2024.

Regulatory Text Correction

    The definition of a recreational fishing vessel found at Sec.  
648.2 previously only referenced the recreational scup fishery. 
However, the definition applies to all recreational fisheries. This 
action corrects this definition, removing the reference to the scup 
fishery.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

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Comments and Responses

    NMFS received 18 comments on the proposed rule. Comments were 
received from 15 individuals, the Natural Resources Defense Council 
(NRDC), the Virginia Beach Charter Captains, and one comment was 
submitted anonymously. Ten comments focused, in whole or in part, on 
state measures or commercial management, which were not part of the 
proposed action and, therefore, are not addressed in the following 
responses.
    NMFS received a comment from the NRDC. Attached to NRDC's comment 
letter was a copy of the complaint they filed in ongoing litigation on 
Framework 17 (NRDC v. Raimondo, No. 23-cv-982 (D.D.C. Aug. 29, 2023)). 
That legal challenge is fully briefed, and the parties await the 
court's decision. Given that this litigation is ongoing, NMFS will not 
address the complaint here. NRDC also incorporated, by reference, its 
comments on the 2023 summer flounder, scup, and black sea bass 
recreational measures. Our responses to those comments are provided in 
the final rule (88 FR 55411, August 15, 2023), and are not repeated 
here.
    Comment 1: A comment from NRDC stated that the proposed rule and 
Framework 17, on which this proposed rule is based, are inconsistent 
with the Magnuson-Stevens Fishery Conservation Management Act's 
(Magnuson-Stevens Act) annual catch limits (ACL) provisions because 
they allow the Council to manage recreational fishing to new 
recreational harvest target levels that are not consistent with the 
ACLs derived from the Science and Statistical Committee's (SSC) 
recommendations.
    Response: The Percent Change Approach has been established by the 
rulemaking implementing Framework 17 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 Framework 17, 
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 confidence interval (CI) around an 
estimate of expected harvest under status quo measures with 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 (i.e., a percentage change in expected harvest).
    The Percent Change Approach does not change the process for setting 
measurable and objective status determination criteria (e.g., 
overfishing limit (OFL), acceptable biological catch (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 SSC. The Percent Change Approach does not 
eliminate the recreational ACL or RHL and continues to use both in the 
process of setting measures and triggering 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 approach 
attempts to constrain harvest 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 biomass is in decline, the stock 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 NMFS continues 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 (i.e., 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 prior method prescribed the same degree of changes 
to management measures whether a stock biomass was considered 
overfished (i.e., 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.
    Comment 2: NRDC commented that the recreational harvest target for 
scup (13.76 million pounds (lb); 6,241 metric tons (mt)) overshoots the 
2024 and 2025 RHLs prescribed by the specifications. The NRDC comment 
also concludes that the total expected scup harvest will exceed the OFL 
in 2025.
    Response: Application of the Percent Change Approach and the 
Recreational Demand Model (RDM) resulted in a recommendation of a 10-
percent reduction in scup harvest in 2024 and 2025. This is because 
scup has a very high biomass, but harvest under status quo measures is 
expected to be above the RHL.
    Scup is a healthy stock far above the target biomass level, because 
of the high abundance and availability to the fishery, even under 
restrictive measures, the catch is likely to exceed the RHL. However, 
observed recent overages of the scup RHL, ACL, ABC, and even OFL have 
had no negative biological impact on the stock. The conservation risk 
of a harvest reduction that is less than what would have previously 
been applied is negligible for a stock, like scup, that has a very high 
biomass (over 150 percent of its biomass target). The Magnuson-Stevens 
Act defines overfishing as a

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``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) (16 U.S.C. 1802(34)). This scenario, in which 
a stock continues to maintain biomass significantly above the target, 
does not constitute overfishing.
    Moreover, it is highly unlikely that there will be overfishing of 
scup when such a determination takes into account both recreational and 
commercial harvest, and the commercial scup fishery has not come close 
to harvesting its allocation of the scup ACL in recent years. 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. The commercial scup quotas for 2024 and 2025 are 
21.15 million lb (9,593 mt) and 18.80 million lb (8,527 mt), 
respectively, higher than recent commercial landings. In this context, 
even if there is a recreational harvest above the RHL it is unlikely to 
result in negative biological consequences for the scup stock, where 
the overall total of commercial and recreational harvests remains below 
overfishing levels.
    In 2022, the total scup catch did exceed the 2022 OFL. The scup 
total catch was 35.98 million lb (16,322 mt), compared to the OFL of 
32.56 million lb (14,770 mt), corresponding to an 11 percent overage. 
Although the catch exceeded the OFL and the ABC, the status 
determination criteria for scup makes use of the annual fishing 
mortality rate relative to a maximum fishing mortality rate to 
determine if overfishing has occurred. The 2023 Management Track 
Assessment estimated fishing mortality rate was 0.171, which is below 
the fishing mortality rate at maximum sustainable yield 
(FMSY) of 0.19, which means that despite an exceedance of 
the OFL, there was no overfishing of scup.
    Additionally, the estimated biomass (159,050 mt) was estimated to 
be well above the biomass at maximum sustainable yield (78,593 mt). 
Despite the overage of the OFL in 2022, the best available science 
supports the determination that overfishing was not occurring. As seen 
in 2022 with scup, overages of the OFL do not always correspond to 
overfishing. The OFL and corresponding catch limits are based on 
projections from a stock assessment and can prove to be inaccurate when 
considered retrospectively with the insight of a subsequent stock 
assessment.
    It is also important to again note the uncertainty in estimated 
recreational harvests. This uncertainty is one of the main drivers for 
the adoption of the Percent Change Approach in Framework 17. Here, the 
median coastwide projected 2024-2025 harvest under 2023 measures is 
15.29 million lb (6,935 mt), with an 80 percent CI of 14.07-16.29 
million lb (6,382-7,389 mt), meaning that, statistically, the estimate 
can fall anywhere in that range with equal likelihood. With the 10 
percent reduction adopted here, the recreational harvest of scup could 
be anywhere from 12.66 million lb (5,744 mt) to 14.66 million lb (6,650 
mt). The average 2024-2025 scup RHL is 12.51 million lb (5,674 mt), 
which is only about 1 percent below the likely range of scup harvest 
after the 10 percent reduction is applied. Given the significant 
uncertainty of both recreational harvest and the specifications 
themselves, coupled with low risk of overfishing, a 10 percent scup 
reduction is a reasonable approach. To the extent that biomass remains 
high but additional reductions are needed the next time that 
recreational measures are developed, another 10-percent reduction would 
occur. However, due to the inherent variability and uncertainty in 
recreational catch data in the context of a very high biomass of scup, 
more drastic changes to measures could prove to be unwarranted and 
could lead to the undesirable result of increased recreational discards 
of dead fish. Scup provides an example of how the gradual approach of 
adjustments to recreational targets that the Harvest Control Rule 
provides for abundant stocks can work effectively with little risk of 
negative consequences to the stock.
    Comment 3: One comment expressed concern about the lack of new 
information on the biomass of black sea bass, three comments noted that 
the black sea bass stock is very abundant and expanding, and one of 
these comments noted concerns about the impact of the high abundance of 
black sea bass on other species.
    Response: In December 2023, a research track assessment was 
completed for black sea bass. Research track assessments are not used 
to inform management or make official determinations of stock status. 
In spring 2024, a management track assessment will be conducted for 
black sea bass, incorporating data through 2023. The results of this 
assessment will be used to inform specifications and recreational 
management measures for 2025. Although the research track assessment is 
not used for official status determinations, the results did indicate 
that the black sea bass stock is at a very high biomass level and that 
biomass has been increasing in recent years.
    Comment 4: One comment on the summer flounder recreational 
management measures noted concerns about the minimum size requirement 
(18.5 inches (46.99 cm)). This commenter suggested that the minimum 
size should be lower (16.5 inches (41.91 cm)). The lower minimum size 
was suggested due to concerns about the post-release survival of small 
summer flounder. The comment noted that most of the fish they encounter 
are less than the minimum size.
    Response: The 18.5-inch (46.99-cm) minimum size is part of the non-
preferred coastwide measures. These measures are being waived for 2024 
and 2025, as NMFS has approved conservation equivalency. Anglers must 
adhere to the measures in the state where they land. The minimum size 
specified for a state or region may differ from the 18.5-inch (46.99-
cm) minimum size proposed as part of the non-preferred measures. One 
benefit of the conservation equivalency approach is that states and 
regions can tailor recreational management measures to meet the needs 
of anglers in their state or region, compared to coastwide measures 
that may be advantageous to anglers in some areas and unnecessarily 
restrictive in others.
    Comment 5: Four comments expressed concern about recreational data. 
Two comments specifically suggested that new data collection techniques 
be implemented, such as the development of a reporting application or 
the use of for-hire vessel trip reports (VTR). One commenter was 
concerned about the underreporting of recreational catch.
    Response: The data used to inform the summer flounder, scup, and 
black sea bass recreational management measures are the best available 
data on recreational catch. In addition to Marine Recreational 
Information Program (MRIP) data, a bioeconomic model, the RDM, was used 
to estimate harvest. The RDM uses trip attributes such as expected 
harvest and costs, as well as the availability of different sizes of 
fish, to estimate the likelihood that an angler will go fishing under a 
given set of regulations. The RDM is informed by a 2022 survey of 
anglers from Maine through Virginia as well as recent size distribution 
information from the stock assessment.
    Expanded use of recreational for-hire VTRs may be considered in the 
future. The Council has initiated an action to consider additional 
changes to recreational fisheries management, including the 
consideration of options

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related to recreational catch accounting, such as private angler 
reporting and enhanced VTR requirements.
    Comment 6: One comment cited concerns about the recreational data, 
specifically MRIP data and that the recent pilot study that indicates 
that the current configuration of MRIP may be resulting in effort being 
overestimated. The comment expressed concern that information from the 
pilot study was not currently being accepted or used.
    Response: This comment correctly points out that NMFS has conducted 
a pilot study on the recreational Fishing Effort Survey. The 
preliminary results suggest that the order of the questions in the 
Fishing Effort Survey may lead to overestimation of fishing effort. 
However, these are preliminary results and a more robust study to 
analyze this issue is currently underway. Additional analyses are 
necessary to confirm findings. Once sufficient information has been 
collected and the implications of the MRIP estimates are fully 
understood, that information will be incorporated into the relevant 
science and management processes.
    Comment 7: Two comments opposed more restrictive black sea bass 
recreational regulations and one comment opposed more restrictive 
summer flounder recreational regulations. These comments also 
highlighted the importance of recreational fisheries to the economy.
    Response: The 2024 black sea bass measures are the same as those 
implemented in 2023, no additional restrictions have been implemented.
    The 28-percent reduction implemented for summer flounder is based 
on the results of the Percent Change Approach. Because summer flounder 
biomass is in the low category and the 2023 management measures were 
expected to result in an RHL overage, the approach requires a reduction 
in recreational harvest. It is also important to note that the 2023 
management track assessment for summer flounder indicated that 
overfishing was occurring. Thus, this reduction, in addition to 
commercial quota reductions, is necessary to ensure that overfishing is 
ended.
    Comment 8: One comment asked if jigging would become illegal for 
summer flounder, noting that they are a terrible fish to spear.
    Response: This action does not ban jigging for summer flounder.
    Comment 9: One comment supported the implementation of conservation 
equivalency.
    Response: NMFS agrees, and this action implements conservation 
equivalency for both summer flounder and black sea bass.
    Comment 10: One comment supported the 28-percent harvest reduction 
for summer flounder, citing their observations of declining 
recreational catch over the years. An additional comment was supportive 
of the non-preferred coastwide measures for summer flounder.
    Response: NMFS agrees. NMFS has approved conservation equivalency. 
States and regions have implemented measures consistent with the 28-
percent harvest reduction. While the non-preferred coastwide measures 
have been waived for 2024 and 2025, the measures implemented by the 
states or regions are equivalent in terms of their conservation 
benefit.

Classification

    Pursuant to section 305(d) of the Magnuson-Stevens Act, the 
Assistant Administrator for Fisheries, NOAA, has determined that this 
action is necessary to carry out the Summer Flounder, Scup, and Black 
Sea Bass Fishery Management Plan, and its implementing regulations and 
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 2024 recreational 
management measures for summer flounder and black sea bass.
    NMFS could not publish this final rule at an earlier date. The 
recreational management measure setting process begins after the 
Council and Board set the annual specifications. The Council's 
Monitoring Committee evaluates the needed changes in recreational 
harvest and develop recommendations for coastwide management measures 
for the Council and Board to consider. At the December 12-14, 2023, 
meeting, the Council and Board voted on recommended recreational 
management measures. Council staff then prepared and submitted those 
recommendations to NMFS on January 16, 2024. The proposed rule was 
published on February 23, 2024, with a public comment period open 
through March 11, 2024. After the comment period closes NMFS, must 
review, consider, and respond to all comments on the proposed rule and 
develop the final rule package, which is then subject to further review 
upon completion. In addition, during the proposed rule development and 
comment period, the states are developing management measures and 
submitting that information to the Commission to ensure that the suite 
of state measures are the conservation equivalent of coastwide Federal 
measures. The letter confirming conservation equivalent measures from 
the Commission was received by NMFS on April 4, 2024. Pursuant to 
Sec. Sec.  648.102(d)(2)(ii) and 648.142(d)(2)(ii), NMFS cannot 
finalize conservation equivalency without this information from the 
Commission. This final rule was submitted to the Department of Commerce 
Office of General Council on April 9, 2024. Given the time needed to 
review the recommendations and prepare the Federal rulemaking, and the 
need to confirm conservation equivalency through the Commission's 
process, this is the earliest this rule could be published.
    The Federal coastwide regulatory measures for recreational summer 
flounder and black sea bass fishing that were codified last year (88 FR 
55411, August 15, 2023) remain in effect until the decision to waive 
Federal measures for 2024 is made effective by this final rule. Many 
states have already implemented their conservationally equivalent 2024 
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 summer flounder measures currently in 
place are more liberal than many of the measures in state waters. 
Further delay of the implementation of the 2024 measures will increase 
the likelihood that the 2024 RHL and recreational ACL will be exceeded. 
NMFS is required to 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

[[Page 32378]]

operators are engaged in fishing activities.
    Additionally, stakeholder and industry groups have been involved 
with the development of this action and have participated in public 
meetings throughout the past year. Generally, stakeholders are 
supportive of the use of conservation equivalency because it allows 
states, and regions, more flexibility to set measures, instead of one 
set of coastwide measures that apply to all. A 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.
    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. NMFS 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: April 19, 2024.
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.  648.2, revise the definition of a recreational fishing 
vessel to read as follows:


Sec.  648.2   Definitions.

* * * * *
    Recreational fishing vessel, means any vessel from which no fishing 
other than recreational fishing is conducted. Charter and party boats 
are considered recreational fishing vessels for purposes of minimum 
size, season, and possession limit requirements.
* * * * *

0
3. 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 18.5 inches 
(46.99 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
4. In Sec.  648.105, revise the introductory text to read as follows:


Sec.  648.105  Summer flounder recreational fishing season.

    No person may fish for summer flounder in the EEZ from October 1 to 
May 7 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
5. 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
6. 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 2024 and 2025 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
7. In Sec.  648.151, revise paragraph (a) introductory text 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 2024 are the conservation

[[Page 32379]]

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.
* * * * *
[FR Doc. 2024-08795 Filed 4-25-24; 8:45 am]
BILLING CODE 3510-22-P