[Federal Register Volume 90, Number 63 (Thursday, April 3, 2025)]
[Proposed Rules]
[Pages 14595-14598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-05494]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250326-0055]
RIN 0648-BN51
Fisheries of the Northeastern United States; 2025 Black Sea Bass
Recreational Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes Federal management measures for the 2025 black
sea bass recreational fishery. The implementing regulations for this
fishery require NMFS to publish recreational measures for the fishing
year and to provide an opportunity for public comment. The intent of
this action is to set management measures that allow this recreational
fishery to achieve, but not exceed, the recreational harvest target and
thereby prevent overfishing.
DATES: Comments must be received by April 18, 2025.
ADDRESSES: A plain language summary of this proposed rule is available
at: https://www.regulations.gov/docket/NOAA-NMFS-2025-0016. You may
submit comments on this document, identified by NOAA-NMFS-2025-0016, by
any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and type NOAA-NMFS-2025-0016 in the Search box
(note: copying and pasting the FDMS Docket Number directly from this
document may not yield search results). Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Savannah Lewis, Fishery Management
Specialist, (978) 281-9348, or [email protected].
SUPPLEMENTARY INFORMATION:
Background
NMFS is proposing to implement the 2025 black sea bass recreational
management measures under the Summer Flounder, Scup, and Black Sea Bass
Fishery Management Plan (FMP). The Mid-Atlantic Fishery Management
Council (Council) and the Atlantic States Marine Fisheries Commission
(Commission) jointly manage the summer flounder, scup, and black sea
bass commercial and recreational fisheries. The Council and the
Commission's Summer Flounder, Scup, and Black Sea Bass Management Board
(Board) meet jointly each year to recommend recreational management
measures for all three species, generally set for two years, so that
recreational
[[Page 14596]]
harvest achieves, but does not exceed, the recreational harvest targets
specified by the Percent Change Approach adopted in the Harvest Control
Rule Framework (Framework 17; 88 FR 14499; March 9, 2023). In a
previous rule, summer flounder and scup recreational measures were set
for two years (2024-2025; 89 FR 32374) and will remain status quo with
no further action required in 2025. Black sea bass recreational
management measures were previously only set for 2024 due to a delayed
stock assessment. This action proposes the recreational management
measures for only black sea bass and for only the 2025 fishing year.
Pursuant to the regulations at 50 CFR 648.142(d), NOAA's National
Marine Fisheries Service (NMFS) must implement coastwide measures or
approve conservation-equivalent measures for black sea bass as soon as
possible following the Council and Board's recommendation. The Council
and Board recommend status quo recreational black sea bass measures for
2025, including the continued use of conservation equivalency, with
regional measures expected to achieve, but not exceed, the harvest
target. A status quo approach for 2025 complies with Framework 17 given
that the 2025 catch and landings limits were not set ``in response to
updated stock assessment information'' and instead were left unchanged.
The rationale for leaving the 2025 catch and landings limits unchanged,
including the recreational harvest limit, is explained in the final
rule for the 2025 specifications (89 FR 99138; December 10, 2024).
According to the most recent stock assessment, the biomass of black sea
bass remains well above the target level and overfishing is not
occurring. Black sea bass measures are being set for only one year as
an updated management track assessment is expected to be available
later this year and will be used to inform specifications and
recreational measures for 2026 and beyond. Therefore, the Council and
Board recommended that recreational measures remain unchanged in 2025.
Black Sea Bass Conservation Equivalency
Under conservation equivalency, Federal recreational measures are
waived and federally permitted party/charter vessels and all
recreational vessels fishing in Federal waters are subject to the
recreational fishing measures implemented by the State in which they
land. This approach allows for more customized measures at a State or
regional level that are likely to better 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/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.
The Council and Board recommend that either state-specific
recreational measures be developed (i.e., conservation equivalency) or
that coastwide management measures be implemented. Even when the
Council and Board recommend conservation equivalency, the Council must
specify a set of non-preferred coastwide measures that would apply if
conservation equivalency is not approved for use in Federal waters.
When conservation equivalency is recommended, and following
confirmation by the Commission that the proposed State or regional
measures developed through its technical and policy review processes
achieve conservation equivalency, NMFS waives the permit condition
found at 50 CFR 648.4(b) that requires Federal permit holders to comply
with the more restrictive management measures when State and Federal
measures differ. In such a situation, federally permitted black sea
bass charter/party permit holders and individuals fishing for black sea
bass in the exclusive economic zone (EEZ) are subject to the
recreational fishing measures implemented by the State in which they
land, rather than the coastwide measures.
In addition, the Council and the Board must recommend precautionary
default measures when recommending conservation equivalency. The
Commission would require adoption of the precautionary default measures
by any State that either does not submit a management proposal to the
Commission's Technical Committee or that submits measures that are not
conservationally equivalent to the coastwide measures.
The development of conservation-equivalency measures happens both
at the Commission and individual State or regional level. The selection
of appropriate data and analytical techniques for technical review of
potential conservation-equivalent measures, and the process by which
the Commission evaluates and recommends proposed conservation-
equivalent measures, are wholly a function of the Commission and its
individual member States. Individuals seeking information regarding the
process to develop specific State measures, or on the Commission
process for technical evaluation of proposed measures, should contact
the marine fisheries agency in the State of interest, the Commission,
or both.
Once the States and regions select their final 2025 black sea bass
management measures through their respective development, analytical,
and review processes and submit them to the Commission, the Commission
will conduct further review and evaluation of the submitted proposals.
The Commission will notify NMFS as to which proposals have been
approved or disapproved. NMFS has no overarching authority in the
development of State or Commission management measures but is an equal
participant along with all the member States in the review process.
NMFS neither approves nor implements individual States' measures, but
retains the final authority either to approve or to disapprove the use
of conservation equivalency in place of the coastwide measures in
Federal waters. The final combination of State and regional measures
will be detailed in a letter from the Commission to the Greater
Atlantic Regional Fisheries Office certifying that the combination of
State and regional measures has met the conservation objectives under
Addendum XXXII to the Commission's Interstate FMP. NMFS will publish
its determination on 2025 conservational equivalency as a final rule in
the Federal Register following review of the Commission's determination
and any other public comment on this proposed rule.
2025 Black Sea Bass Recreational Management Measures
This action proposes the continued adoption of conservation
equivalency for black sea bass in 2025. The non-preferred coastwide and
precautionary default measures would be the same in 2025 as they were
in 2024.
The non-preferred coastwide measures for 2025 include: (1) a 15-
inch (38.1-cm) minimum size; (2) a 5-fish possession limit; and (3) a
May 15-September 8 open season. The precautionary default measures
would be implemented in any State or region that failed to develop
adequate measures to constrain landings as required by the
conservation-equivalency guidelines. The precautionary default measures
in 2025 include: (1) a 16-inch (40.64-cm) minimum size; (2) a 2-fish
possession limit; and (3) a June 1-August 31 open season.
[[Page 14597]]
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Acting Assistant Administrator has determined that this proposed rule
is consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
Section 304(b) of the Magnuson-Stevens Act (16 U.S.C. 1854(b))
requires publication of proposed regulations in the Federal Register
with a public comment period of 15 to 60 days. NMFS finds that a 15-day
comment period for this action provides a reasonable opportunity for
public participation in this action pursuant to Administrative
Procedure Act section 553(c) (5 U.S.C. 553(c)), while also ensuring
that the final recreational measures are in place as close to the start
of State black sea bass fishery seasons in early May 2025, as possible.
This is a routine action that occurs every year, and stakeholder and
industry groups have been involved with the development of this action
and have participated in public meetings throughout their development
over the past year. A longer comment period here would be contrary to
the public interest, as it could extend this rulemaking beyond the
start of the 2025 recreational fishing season, resulting in confusion
for fishery participants, disadvantage Federal permit holders, and
create enforcement challenges.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is being issued
in compliance with Executive Order 14192.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The Council conducted an evaluation of the potential
socioeconomic impacts of the proposed measures.
Vessel ownership data \1\ were used to identify all individuals who
own fishing vessels. Vessels were then grouped according to common
owners. The resulting groupings were then treated as entities, or
affiliates, for purposes of identifying small and large businesses that
may be regulated by this action. A business primarily engaged in
fishing is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates) and has combined annual receipts not in excess of $11
million, for all its affiliated operations worldwide (North American
Industry Classification System (NAICS) code 487210).
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\1\ Affiliate data for 2021-2023 were provided by the NMFS
Northeast Fisheries Science Center Social Sciences Branch. This is
the latest affiliate data set available for analysis.
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A total of 490 affiliates had a Federal party/charter permit for
all permit types, not just black sea bass, during 2021-2023. All 490
affiliates were categorized as small businesses based on their average
2021-2023 revenues for any species. It is not possible to determine
what proportion of their revenues came from fishing for an individual
species. Nevertheless, given the popularity of black sea bass as a
recreational species, revenues generated from this species are likely
important for many of these affiliates at certain times of the year.
These 490 small businesses had average total annual revenues of
$119,320 during 2021-2023. Their average revenues from recreational
for-hire fishing (for a variety of species) were $107,429. Average
annual revenues from for-hire fishing ranged from less than $10,000 for
198 affiliates to over $1,000,000 for 11 affiliates. On average,
recreational fishing accounted for 87 percent of the total revenues for
these 490 small businesses. The contribution of black sea bass to these
revenues is unknown.
For-hire revenues are impacted by a variety of factors, including
regulations and demand for for-hire trips for black sea bass, and other
potential target species, as well as weather, the economy, and other
factors. Given that the State/regional measures for black sea bass are
expected to remain unchanged from 2024, no impacts from the proposed
action are expected.
Based on the analysis provided by the Council, NOAA's National
Marine Fisheries Service concludes that the 2025 black sea bass
recreational management measures will not have a significant adverse
impact on a substantial number of small businesses. As a result, an
initial regulatory flexibility analysis is not required and none has
been prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Dated: March 26, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
For the reasons set out in the preamble, NMFS proposes to amend 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. 648.151, revise paragraphs (a) and (b) 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 2025 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 Summer Flounder, Scup, and 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
[[Page 14598]]
recommendation from the Summer Flounder, Scup, and 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.
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[FR Doc. 2025-05494 Filed 4-2-25; 8:45 am]
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