80 FR 15692 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Black Sea Bass Fishery; Framework Adjustment 8
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 57 (March 25, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 57 (March 25, 2015)
| Page Range | 15692-15693 | |
| FR Document | 2015-06797 |
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)] [Rules and Regulations] [Pages 15692-15693] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06797] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 141103917-5223-02] RIN 0648-BE60 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Black Sea Bass Fishery; Framework Adjustment 8 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS is implementing regulations consistent with Framework Adjustment 8 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. This action allows the black sea bass recreational fishery to begin on May 15 of each year, instead of May 19, to provide additional fishing opportunities earlier in the year, unless otherwise modified by further rulemaking. DATES: Effective April 24, 2015. ADDRESSES: Copies of the Supplemental Information Report and other supporting documents for this action are available from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. These documents are also accessible via the Internet at: http://www.greateratlantic.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, (978) 281-9218. SUPPLEMENTARY INFORMATION: General Background The summer flounder, scup, and black sea bass fisheries are managed cooperatively under the provisions of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) developed by the Mid- Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission, in consultation with the New England and South Atlantic Fishery Management Councils. This rule applies to black sea bass (Centropristis striata) in U.S. waters of the Atlantic Ocean from 35 E. 13.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, North Carolina) northward to the U.S./Canada border. The FMP is managed jointly by the Council and Commission. States manage black sea bass within 3 nautical miles (4.83 km) of their coasts under the Commission's plan. The applicable Federal regulations govern vessels and individual anglers fishing in Federal waters of the exclusive economic zone (EEZ), as well as vessels possessing a Federal black sea bass charter/party vessel permit, regardless of where they fish. The recreational fishery is essentially managed using four tools: The recreational harvest limit; the open season; minimum fish size; and a recreational angler bag limit. The recreational harvest limit is established based on the specifications formula in the FMP. The open season, minimum fish size, and bag limit are collectively referred to as the ``recreational management measures,'' which are designed to ensure that the recreational harvest limit is not exceeded. Because of the way we collect recreational fisheries data along the Atlantic coast, recreational fishing years are divided into 2-month waves: Wave 1 (January/February); Wave 2 (March/April); Wave [[Page 15693]] 3 (May/June); Wave 4 (July/August); Wave 5 (September/October); and Wave 6 (November/December). In the last several years, the black sea bass recreational season has opened during Wave 3. Additional background information on the standard recreational management process was provided in the proposed rule for this action (79 FR 78022; December 29, 2014), and is not repeated here. Additional background information on recreational fishing data can be found on the Marine Recreational Information Program's Web site (http://www.st.nmfs.noaa.gov/recreational-fisheries). Final Action This action revises the start date of the black sea bass recreational fishery by four days to begin on May 15 instead of May 19, unless otherwise changed by subsequent rulemaking. In recent years, the black sea bass recreational harvest limit has been achieved or exceeded. Because of this, starting the season on May 15 (i.e., earlier in Wave 3) requires the Council to compensate by shortening the Wave 5 season, when fishing effort is equivalent to Wave 3, by four days, in addition to other potential management changes, to ensure that the recreational harvest limit is not exceeded in 2015. The Council made the necesary recommendations on other management measures, including shortening Wave 5 to accommodate the earlier season opening, at its December 2014 meeting. The Commission is also preparing state- by-state management measures for the 2015 season in order to ensure the recreational harvest limit is not exceeded. Pending submission and review of the Council's and Commission's proposed recreational management measures, NMFS will implement further changes to the black sea bass recreational management measures in a subsequent rulemaking later this year. Comments and Responses Two comments were received on the proposed rule. Comment: One commenter stated that the start date for the black sea bass season should not be changed to make the season longer. Response: As described above, the Wave 5 season will be adjusted in a future rulemaking action, as recommended by the Council and Commission, to offset the extra days added to Wave 3, so the fishing season as a whole is not getting longer. Because of the timing of the normal recreational management measures rulemaking, in order have the change effective for fishing year 2015, we needed to separate the changes into two rulemakings. Comment: A second commenter simply stated that black sea bass are delicious. Response: NMFS agrees (see FishWatch at http://www.fishwatch.gov), but this comment is not directly relevant to the action. Changes From the Proposed Rule There are no changes from the proposed measures. Classification The Administrator, Greater Atlantic Region, NMFS, determined that this framework adjustment is necessary for the conservation and management of the black sea bass fishery and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. 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. No comments were received regarding this certification. As a result, a Final Regulatory Flexibility Analysis was not required and none was prepared. There are no new reporting or recordkeeping requirements contained in any of the alternatives considered for this action. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: March 18, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is amended as follows: PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES 0 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 0 2. Section 648.146 is revised to read as follows: Sec. 648.146 Black sea bass recreational fishing season. Vessels that are not eligible for a 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 18, and October 18 through December 31, unless this time period is adjusted pursuant to the procedures in Sec. 648.142. [FR Doc. 2015-06797 Filed 3-24-15; 8:45 am] BILLING CODE 3510-22-P
![15692 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations
Comments and Responses Authority: 16 U.S.C. 1801 et seq. begin on May 15 of each year, instead
NMFS received one comment on the of May 19, to provide additional fishing
§ 622.57 [Removed and Reserved]
proposed rule related to analysis in the opportunities earlier in the year, unless
■ 2. Section 622.57 is removed and otherwise modified by further
final supplemental environmental
reserved. rulemaking.
impact statementfrom a Federal agency.
That comment is outside the scope of ■ 3. In § 622.58, paragraph (a)(1) is DATES: Effective April 24, 2015.
the rule and is addressed in the Record revised to read as follows:
ADDRESSES: Copies of the Supplemental
of Decision for Amendment 16. No other § 622.58 Annual catch limits (ACLs), Information Report and other
comments were received. No changes annual catch targets (ACTs), and supporting documents for this action are
were made to the final rule based on accountability measures (AMs). available from Dr. Christopher M.
public comment. (a) * * * Moore, Executive Director, Mid-Atlantic
Classification (1) Commercial sector. If commercial Fishery Management Council, Suite 201,
landings, as estimated by the SRD, 800 N. State Street, Dover, DE 19901.
The Regional Administrator, exceed the commercial ACL, then These documents are also accessible via
Southeast Region, NMFS has during the following fishing year, if the Internet at: http://
determined that this final rule is commercial landings reach or are www.greateratlantic.fisheries.noaa.gov.
necessary for the conservation and projected to reach the commercial ACL,
management of royal red shrimp and is FOR FURTHER INFORMATION CONTACT:
the AA will file a notification with the Moira Kelly, Fishery Policy Analyst,
consistent with Amendment 16, the Office of the Federal Register to close
FMP, the Magnuson-Stevens Act, and (978) 281–9218.
the commercial sector for the remainder SUPPLEMENTARY INFORMATION:
other applicable law. of that fishing year. When the
This final rule has been determined to General Background
commercial sector is closed, royal red
be not significant for purposes of
shrimp in or from the Gulf EEZ may not The summer flounder, scup, and
Executive Order 12866.
The Magnuson-Stevens Act provides be retained, and the sale or purchase of black sea bass fisheries are managed
the statutory basis for this rule. No royal red shrimp taken from the Gulf cooperatively under the provisions of
duplicative, overlapping, or conflicting EEZ is prohibited. This prohibition on the Summer Flounder, Scup, and Black
Federal rules have been identified. In sale or purchase during a closure for Sea Bass Fishery Management Plan
addition, no new reporting, record- royal red shrimp does not apply to royal (FMP) developed by the Mid-Atlantic
keeping, or other compliance red shrimp that were harvested, landed Fishery Management Council and the
requirements are introduced by this ashore, and sold prior to the effective Atlantic States Marine Fisheries
final rule. date of the closure and were held in Commission, in consultation with the
The Chief Counsel for Regulation of cold storage by a dealer or processor. New England and South Atlantic
the Department of Commerce certified The commercial ACL for royal red Fishery Management Councils. This rule
to the Chief Counsel for Advocacy of the shrimp is 337,000 lb (152,861 kg), tail applies to black sea bass (Centropristis
Small Business Administration during weight. striata) in U.S. waters of the Atlantic
the proposed rule stage that this rule * * * * * Ocean from 35 E. 13.3′ N. lat. (the
would not have a significant economic [FR Doc. 2015–06571 Filed 3–24–15; 8:45 am] latitude of Cape Hatteras Lighthouse,
impact on a substantial number of small BILLING CODE 3510–22–P Buxton, North Carolina) northward to
entities. The factual basis for this the U.S./Canada border.
determination was published in the The FMP is managed jointly by the
proposed rule and is not repeated here. DEPARTMENT OF COMMERCE Council and Commission. States manage
No comments were received regarding black sea bass within 3 nautical miles
the certification and NMFS has not National Oceanic and Atmospheric (4.83 km) of their coasts under the
received any new information that Administration Commission’s plan. The applicable
would affect its determination. As a Federal regulations govern vessels and
result, a final regulatory flexibility 50 CFR Part 648 individual anglers fishing in Federal
analysis is not required and none was [Docket No. 141103917–5223–02]
waters of the exclusive economic zone
prepared. (EEZ), as well as vessels possessing a
RIN 0648–BE60 Federal black sea bass charter/party
List of Subjects in 50 CFR Part 622 vessel permit, regardless of where they
Accountability measures, Annual Magnuson-Stevens Fishery fish. The recreational fishery is
catch limits, Fisheries, Fishing, Gulf of Conservation and Management Act essentially managed using four tools:
Mexico, Royal red shrimp, Shrimp. Provisions; Fisheries of the The recreational harvest limit; the open
Northeastern United States; Black Sea season; minimum fish size; and a
Dated: March 18, 2015. Bass Fishery; Framework Adjustment
Samuel D. Rauch III,
recreational angler bag limit. The
8 recreational harvest limit is established
Deputy Assistant Administrator for
Regulatory Programs, National Marine AGENCY: National Marine Fisheries based on the specifications formula in
Fisheries Service. Service (NMFS), National Oceanic and the FMP. The open season, minimum
Atmospheric Administration (NOAA), fish size, and bag limit are collectively
For the reasons set out in the
Commerce. referred to as the ‘‘recreational
preamble, 50 CFR part 622 is amended
asabaliauskas on DSK5VPTVN1PROD with RULES
ACTION: Final rule. management measures,’’ which are
as follows:
designed to ensure that the recreational
PART 622—FISHERIES OF THE SUMMARY: NMFS is implementing harvest limit is not exceeded. Because of
CARIBBEAN, GULF OF MEXICO, AND regulations consistent with Framework the way we collect recreational fisheries
SOUTH ATLANTIC Adjustment 8 to the Summer Flounder, data along the Atlantic coast,
Scup, and Black Sea Bass Fishery recreational fishing years are divided
■ 1. The authority citation for part 622 Management Plan. This action allows into 2-month waves: Wave 1 (January/
continues to read as follows: the black sea bass recreational fishery to February); Wave 2 (March/April); Wave
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![Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 15693
3 (May/June); Wave 4 (July/August); fishing year 2015, we needed to separate § 648.146 Black sea bass recreational
Wave 5 (September/October); and Wave the changes into two rulemakings. fishing season.
6 (November/December). In the last Comment: A second commenter Vessels that are not eligible for a
several years, the black sea bass simply stated that black sea bass are moratorium permit under § 648.4(a)(7),
recreational season has opened during delicious. and fishermen subject to the possession
Wave 3. Additional background limit specified in § 648.145(a), may only
Response: NMFS agrees (see
information on the standard recreational possess black sea bass from May 15
FishWatch at http://
management process was provided in through September 18, and October 18
www.fishwatch.gov), but this comment
the proposed rule for this action (79 FR through December 31, unless this time
is not directly relevant to the action.
78022; December 29, 2014), and is not period is adjusted pursuant to the
repeated here. Additional background Changes From the Proposed Rule procedures in § 648.142.
information on recreational fishing data [FR Doc. 2015–06797 Filed 3–24–15; 8:45 am]
can be found on the Marine Recreational There are no changes from the
proposed measures. BILLING CODE 3510–22–P
Information Program’s Web site (http://
www.st.nmfs.noaa.gov/recreational- Classification
fisheries). DEPARTMENT OF COMMERCE
The Administrator, Greater Atlantic
Final Action Region, NMFS, determined that this National Oceanic and Atmospheric
This action revises the start date of framework adjustment is necessary for Administration
the black sea bass recreational fishery by the conservation and management of the
four days to begin on May 15 instead of black sea bass fishery and that it is 50 CFR Part 665
May 19, unless otherwise changed by consistent with the Magnuson-Stevens
subsequent rulemaking. Fishery Conservation and Management [Docket No. 141110950–5227–02]
In recent years, the black sea bass Act and other applicable laws. RIN 0648–BE63
recreational harvest limit has been This final rule has been determined to
achieved or exceeded. Because of this, be not significant for purposes of Pacific Island Fisheries; Pacific
starting the season on May 15 (i.e., Executive Order 12866. Remote Islands Marine National
earlier in Wave 3) requires the Council Monument Expansion
to compensate by shortening the Wave The Chief Counsel for Regulation of
5 season, when fishing effort is the Department of Commerce certified AGENCY: National Marine Fisheries
equivalent to Wave 3, by four days, in to the Chief Counsel for Advocacy of the Service (NMFS), National Oceanic and
addition to other potential management Small Business Administration during Atmospheric Administration (NOAA),
changes, to ensure that the recreational the proposed rule stage that this action Commerce.
harvest limit is not exceeded in 2015. would not have a significant economic
ACTION: Final rule.
The Council made the necesary impact on a substantial number of small
recommendations on other management entities. The factual basis for the SUMMARY: In this final rule, NMFS
measures, including shortening Wave 5 certification was published in the establishes requirements for fishing in
to accommodate the earlier season proposed rule and is not repeated here. the Pacific Remote Islands Marine
opening, at its December 2014 meeting. No comments were received regarding National Monument Expansion. This
The Commission is also preparing state- this certification. As a result, a Final final rule implements fishery
by-state management measures for the Regulatory Flexibility Analysis was not management measures required by
2015 season in order to ensure the required and none was prepared. Presidential Proclamation 9173.
recreational harvest limit is not There are no new reporting or DATES: This final rule is effective on
exceeded. Pending submission and recordkeeping requirements contained April 24, 2015.
review of the Council’s and in any of the alternatives considered for
ADDRESSES: You may review
Commission’s proposed recreational this action.
Presidential Proclamation 9173
management measures, NMFS will List of Subjects in 50 CFR Part 648 establishing the Pacific Remote Islands
implement further changes to the black Marine National Monument (PRI
sea bass recreational management Fisheries, Fishing, Reporting and Monument Expansion), Presidential
measures in a subsequent rulemaking recordkeeping requirements. Proclamation 8336 (establishing the PRI
later this year. Dated: March 18, 2015. Monument), and the PRI Monument
Comments and Responses Samuel D. Rauch III, fishing requirements established in
Deputy Assistant Administrator for Amendment 2 to the Fishery Ecosystem
Two comments were received on the Plan for the Pacific Remote Island Areas
Regulatory Programs, National Marine
proposed rule. Fisheries Service. published in 2013, at
Comment: One commenter stated that
www.regulations.gov. Amendment 2 is
the start date for the black sea bass For the reasons set out in the
also available from the Western Pacific
season should not be changed to make preamble, 50 CFR part 648 is amended
Fishery Management Council (Council),
the season longer. as follows:
Response: As described above, the 1164 Bishop St., Suite 1400, Honolulu,
Wave 5 season will be adjusted in a PART 648—FISHERIES OF THE HI 96813, tel 808–522–8220, fax 808–
522–8226, or from www.wpcouncil.org.
asabaliauskas on DSK5VPTVN1PROD with RULES
future rulemaking action, as NORTHEASTERN UNITED STATES
recommended by the Council and FOR FURTHER INFORMATION CONTACT: Bob
Commission, to offset the extra days ■ 1. The authority citation for part 648 Harman, NMFS PIR Sustainable
added to Wave 3, so the fishing season continues to read as follows: Fisheries, tel 808–725–5170.
as a whole is not getting longer. Because Authority: 16 U.S.C. 1801 et seq. SUPPLEMENTARY INFORMATION: NMFS and
of the timing of the normal recreational the Council manage Pacific Island
management measures rulemaking, in ■ 2. Section 648.146 is revised to read fisheries through fishery ecosystem
order have the change effective for as follows: plans (FEP) for American Samoa,
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Document Created: 2018-02-21 09:48:57
Document Modified: 2018-02-21 09:48:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective April 24, 2015. | |
| Contact | Moira Kelly, Fishery Policy Analyst, (978) 281-9218. | |
| FR Citation | 80 FR 15692 | |
| RIN Number | 0648-BE60 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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