81 FR 51374 - Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2016
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 150 (August 4, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 150 (August 4, 2016)
| Page Range | 51374-51379 | |
| FR Document | 2016-18485 |
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)] [Rules and Regulations] [Pages 51374-51379] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18485] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160301167-6658-02] RIN 0648-BF89 Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2016 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS is implementing management measures for the 2016 summer flounder, scup, and black sea bass recreational fisheries, changes to the commercial scup incidental possession limit, and two minor corrections to the summer flounder commercial fishery minimum mesh size regulations. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year. The intent of these measures is to constrain recreational catch to established limits and prevent overfishing of the summer flounder, scup, and black sea bass resources, to reduce unnecessary commercial discards by allowing more incidentally caught scup to be retained by vessels, and to correct inaccuracies within the summer flounder mesh regulations. DATES: Effective August 4, 2016. ADDRESSES: Copies of the Supplemental Information Report (SIR) and other supporting documents for the recreational harvest measures are available from Dr. Christopher M. Moore, Executive Director, Mid- Atlantic Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. The recreational harvest measures document is also accessible via the Internet at: http://www.greateratlantic.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Elizabeth Scheimer, Fisheries Management Specialist, (978) 281-9236. 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 [[Page 51375]] Fishery Management Council and the Atlantic States Marine Fisheries Commission, in consultation with the New England and South Atlantic Fishery Management Councils. States manage these three species within 3 nautical miles (4.83 km) of their coasts, under the Commission's plan for summer flounder, scup, and black sea bass. The applicable species- specific Federal regulations govern vessels and individual fishermen fishing in Federal waters of the exclusive economic zone (EEZ), as well as vessels possessing a Federal summer flounder, scup, or black sea bass charter/party vessel permit, regardless of where they fish. A proposed rule to implement the 2016 Federal recreational management measures (minimum fish size, season, and possession limit) for the summer flounder, scup, and black sea bass fisheries, scup commercial possession limit change, and summer flounder mesh requirement clarifications was published in the Federal Register on May 23, 2016 (81 FR 32269), with a 15-day comment period that ended on June 7, 2016. Comments received on the proposed rule are summarized and responded to in the Comments and Responses section found later in this rule. Additional background and information on the process to develop the measures described is provided in the preamble to the proposed rule and is not repeated here. 2016 Recreational Management Measures NMFS is implementing the following measures that would apply in the Federal waters of the EEZ: Table 1--Summary of 2016 Summer Flounder, Scup, and Black Sea Bass Federal Recreational Management Measures ---------------------------------------------------------------------------------------------------------------- Per-angler possession Minimum size limit Season ---------------------------------------------------------------------------------------------------------------- Summer Flounder, through December 31, Conservation equivalency--specific management measures determined by 2016. state of landing (see Table 2) -------------------------------------------------------------------------- Summer Flounder, beginning January 1, 18 inches (45.7 cm).... 4 fish................. May 1-September 30. 2017. Scup................................. 9 inches (22.9 cm)..... 50 fish................ January 1-December 31. Black Sea Bass....................... 12.5 inches (31.8 cm).. 15 fish................ May 15-September 21, October 22-December 31. ---------------------------------------------------------------------------------------------------------------- These measures apply to all federally permitted party/charter vessels with applicable summer flounder, scup, or black sea bass permits, regardless of where they fish, unless the state in which they land implements measures that are more restrictive. These measures are intended to achieve, but not exceed, the previously-established recreational harvest limits for these fisheries. See 80 FR 80689, published December 28, 2015, for background information on 2016 harvest limits. Additional detail on the measures for each species is provided below. Summer Flounder Recreational Management Measures NMFS is implementing conservation equivalency to manage the 2016 summer flounder recreational fishery, as recommended by the Council and Commission. The 2016 recreational harvest limit for summer flounder is 5.42 million lb (2,214 mt) and final landings for 2015, as estimated by the Marine Recreational Information Program (MRIP), were 4.88 million lb (2,096 mt). Maintaining the 2015 management measures is expected to effectively constrain 2016 summer flounder recreational landings and prevent the recreational harvest limit from being exceeded. Conservation equivalency, as established by Framework Adjustment 2 (July 29, 2001; 66 FR 36208), allows each state to establish its own recreational management measures (per-angler possession limits, minimum fish size, and fishing seasons) to achieve its state harvest limit partitioned by the Commission from the coastwide recreational harvest limit, as long as the combined effect of all of the states' management measures achieves the same level of conservation as would Federal coastwide measures. Framework Adjustment 6 (July 26, 2006; 71 FR 42315) allowed states to form regions for conservation equivalency in order to minimize regulation differences for anglers fishing in adjacent waters. The Commission implemented Addendum XXVII to its Summer Flounder FMP to continue regional conservation equivalency for fishing year 2016. The Commission has adopted the following mix of stand-alone state and regions for summer flounder measures: (1) Massachusetts; (2) Rhode Island; (3) Connecticut and New York; (4) New Jersey; (4) Delaware, Maryland, and Virginia; and (5) North Carolina. In order to provide the maximum amount of flexibility and to continue to adequately address the state-by-state differences in fish availability, each state in a region is required by the Council and Commission to establish fishing seasons of the same length, with identical minimum fish sizes and possession limits. The Commission certified, by letter dated June 7, 2016, that the Addendum XXVII measures implemented by individual states and regions, when combined, are the conservation equivalent of coastwide measures that would be expected to result in the recreational harvest limit being achieved, but not exceeded. More information on this addendum is available from the Commission (www.asmfc.org). Based on the recommendation of the Commission, we find that the recreational summer flounder fishing measures implemented for 2016 in state waters are, collectively, the conservation equivalent of the season, minimum size, and possession limit prescribed in Sec. Sec. 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 rule to recognize state-implemented measures as conservation equivalent of the coastwide recreational management measures for 2016. The 2016 summer flounder management measures adopted by the individual states vary according to the state of landing, as specified in Table 2. [[Page 51376]] Table 2--2016 Commission-Approved Conservation Equivalent Recreational Management Measures for Summer Flounder ---------------------------------------------------------------------------------------------------------------- Minimum size State (inches) Possession limit Open season ---------------------------------------------------------------------------------------------------------------- Massachusetts........................... 16 5 fish.................... May 22-September 23. Rhode Island............................ 18 8 fish.................... May 1-December 31. Connecticut............................. 18 5 fish.................... May 17-September 21. CT shore program (46 designed shore 16 .......................... sites). New York................................ 18 5 fish.................... May 17-September 21. New Jersey: Coastal waters, east of Cape May 18 5 fish.................... May 21-September 25. COLREGS. 1 shore program site................ 16 2 fish.................... May 21-September 25. Delaware Bay, west of Cape May 17 4 fish.................... May 21-September 25. COLREGS. Delaware................................ 16 4 fish.................... January 1-December 31. Maryland................................ 16 4 fish.................... January 1-December 31. PRFC.................................... 16 4 fish.................... January 1-December 31. Virginia................................ 16 4 fish.................... January 1-December 31. North Carolina.......................... 15 6 fish.................... January 1-December 31. ---------------------------------------------------------------------------------------------------------------- In addition, this action maintains the current default coastwide measures (an 18-inch (45.7-cm) minimum size, 4-fish possession limit, and May 1-September 30 open fishing season), that become effective January 1, 2017, when the 2016 conservation equivalency program expires. These measures will remain effective until replaced by the 2017 recreational management measures in the spring of next year. Scup Recreational Management Measures This rule maintains status quo scup measures for the 2016 fishery: A 9-inch (22.9-cm) minimum fish size, 50-fish per person possession limit, and year-round season. The 2016 scup recreational harvest limit is 6.09 million lb (2,763 mt) and 2015 recreational landings were 5.11 million lb (2,318 mt). Based on this, no changes in measures are needed to ensure the 2016 recreational harvest limit is not exceeded, and further liberalization of the management measures was not requested by the Council or Commission. Black Sea Bass Recreational Management Measures This rule implements a 12.5-inch (31.8-cm) minimum size, 15-fish possession limit, and open seasons of May 15-September 21 and October 22-December 31 in Federal waters. The states of Maryland, Delaware, Virginia and North Carolina have also adopted these measures for state waters. New Jersey, New York, Connecticut, Rhode Island, and Massachusetts have adopted different, more restrictive measures for their state waters, as required by the Commission's Addendum XXVII to the FMP. The Commission certified, by letter dated June 7, 2016, that the northern states (Massachusetts to New Jersey) have implemented measures consistent with Addendum XXVII. The Council and the Commission made use of the preliminary MRIP estimates when developing 2016 management measures. It was, at the time of the development process, the best available information. In some years, the final MRIP estimates that are typically available in April have been slightly different than the preliminary year-end estimates available in February. The final 2015 MRIP estimates, delayed until June 13, 2016, are substantially different than the preliminary information used by the Council and Commission. The 2015 landings estimate increased from 3.62 (1,642 mt) to 3.97 million lb (1,801 mt)-- a 350,000-lb (159-mt) increase. This would necessitate a 30.2-percent reduction from 2015 landings to constrain 2016 catch to the 2.82 million lb (1,279 mt) recreational harvest limit. The preliminary information used by the Council and Commission indicated a 22.1-percent reduction in landings was necessary. The majority of black sea bass are caught inside state waters from New Jersey north. The Council and Commission recommend maintaining the 2015 management measures (12.5-inch (31.8-cm) minimum fish size, 15- fish possession limit with an open season of May 15-September 21 and October 22-December 31) in Federal waters and for state waters in Delaware, Maryland, Virginia, and North Carolina. Because catch from Federal waters and state waters from Delaware to North Carolina is generally less than 8 percent of the total catch, recreational measures must necessarily focus on state waters from New Jersey north. The Council and Commission's recommendations were contingent on the northern states (New Jersey north) implementing at least a 23-percent reduction to their state waters measures through a Commission Addendum. This approach also used the accountability measure methods developed for 2015. The accountability measure has been triggered again for 2016; however, because the previously developed and implemented approach (i.e., maintaining Federal measures and applying them in states from Delaware south while states from New Jersey north reduce landings to constrain catch) is being maintained, no additional measures are required for 2016. The Council recommended a backup coastwide measure of a 14-inch (35.56-cm) minimum fish size and a 3-fish possession limit with an open season of July 15-September 15 to be implemented in Federal waters and for southern states only if the northern states did not comply with the landings-reduction requirements of the Commission's Addendum. NMFS received a letter from the Commission on June 7, 2016, before the final MRIP estimates were available, stating that the northern states had developed and implemented black sea bass measures designed to achieve the required 23-percent reduction in 2016 recreational landings. In response to the unexpected change in the final MRIP estimates for black sea bass, the Commission's Black Sea Bass Management Board held an emergency teleconference on July 6, 2016, to discuss the new MRIP estimates and to consider additional management action. In the discussion, Board members spoke about challenges in making any additional changes. They cited administrative burdens and timing complications of both receiving new information so late in the fishing year and difficulties implementing regulatory changes quickly mid- season. Many [[Page 51377]] reiterated that the backup coastwide measures were intended to ensure states complied with the addendum requirements and were never envisioned for implementation under any other scenario. That is, backup measures were only designed as an incentive to ensure state compliance and would only be used in the event that states failed to implement the addendum-required measures. Some cited the potential for additional angler and public disillusionment if additional reductions were implemented mid-year. Others stated that it is possible, given the upcoming stock assessment, that catches may be increased next or, at a minimum, any regulatory changes could be developed next year in response to 2016 catch and whatever information results from the assessment. Ultimately, the Board elected not to take any action at this time. The existing measures adopted under Addendum XXVII, when evaluated with the final 2015 MRIP estimates indicates that landings reductions may be in the 24- to 25-percent range as the new data changed the effective reductions on a state-by-state basis. Some state measures are now more restrictive than previously believed, others are now more liberal. NMFS is implementing the Council recommended original suite of measures, for the following reasons: 1. The Council and Commission developed appropriate measures on what was considered the best available information at the time of their decisionmaking processes. The backup coastwide provisions (i.e., a 14- inch (35.56-cm) minimum fish size and a 3-fish possession limit with an open season of July 15-September 15) developed by the Council as a backstop provision was designed for use only if northern states did not develop measures to achieve the required 23-percent reduction in landings based on the preliminary MRIP information. Acting in good faith, the northern states did comply with the provisions of Addendum XXVII to the Commission's FMP. Using the coastwide provisions would disproportionally affect the southern states that adopt Federal measures for their state waters while doing little, if anything, to constrain overall catch. The actual reduction in landings from using the backstop would not achieve a 30-percent reduction in 2016 landings. 2. The final MRIP data were released substantially later than is normal and were considerably different than the preliminary estimates. It could not be foreseen that final information would increase 2015 landing estimates by nearly 10 percent, nor could it be anticipated that final estimates would be available much later than normal. Final MRIP estimates for black sea bass, usually released in mid-April, generally vary 1-2 percent from the preliminary estimates and in many years have been lower than preliminary estimates, not higher. 3. The 2016 recreational black sea bass fishery is well underway. Even acting quickly, several states indicated during the July 6 Board teleconference that they would be unable to implement regulatory changes before the end of summer. For many states, the fishery is effectively over by mid-September. Similarly, it is unlikely that an emergency action by NMFS could be implemented much more quickly. Federal measures alone would be insufficient to effectively reduce landings because the majority of catch occurs in northern state's waters. 4. A comprehensive stock assessment is scheduled for December 2016. Work has already begun on this assessment. NMFS is prepared to work quickly with the Council and Commission to react to new stock information as soon as it becomes available in early 2017. 5. Further delay to implement management measures would affect not only black sea bass management, but also scup and summer flounder. The latter species, summer flounder, currently lacks the conservation equivalency determination for Federal waters until a final rule is published in the Federal Register. This would create inconsistent measures in Federal and state waters, confusion for the public, and could lead to enforcement problems. Commercial Scup Incidental Possession Limit Change This rule increases the incidental winter season (November 1-April 30) scup commercial possession limit for vessels using mesh smaller than 5.0 inches (12.7 cm) from 500 lb (227 kg) to 1,000 lb (454 kg). This change is expected to allow vessels using small mesh that take scup incidental to other target species to convert some scup that would otherwise be discarded to landings. Vessels using mesh larger than 5 inches (12.7 cm) may continue to land up to the targeted commercial fishery possession limit according to the applicable Federal and state rules. Additional Regulatory Changes This rule also corrects two errors in the commercial summer flounder regulations. The summer flounder minimum mesh size regulations at Sec. 648.108(a)(1) require that any vessel landing or possessing more than 100 lb (45 kg) of summer flounder from May 1 through October 31, or 200 lb (91 kg) of summer flounder from November 1 through April 30, use at least 5.5-inch (14-cm) diamond or 6.0-inch (15-cm) square mesh ``throughout the body, extension(s), and codend portion of the net.'' However, the turtle excluding device (TED) regulations require summer flounder trawls fishing in the sea turtle protection area to have a TED extension with webbing no larger than 3.5 inches (9 cm). This rule eliminates the conflict between these two regulations by specifying that the minimum mesh size restrictions do not apply to extensions needed to comply with the TED regulations. This rule also corrects an erroneous reference to the Regional Administrator's authority to terminate the fly net exemption after review. This authority has been incorrectly listed at Sec. 648.108(b)(3) and is corrected in this rule to reference Sec. 648.108(b)(2)(iv). Comments and Responses Three comments were received on measures outlined in the May 23, 2016 (81 FR 32269), proposed rule. Two comments received supported the scup incidental trip limit increase contained in this rule. Both noted this change will assist fishermen in reducing regulatory discards in small-mesh fisheries during the November to April timeframe. NMFS agrees and is implementing this change as proposed. The other comment received raised no issues with any of the proposed measures. Rather, the individual wanted more information in the final rule about what outreach and/or inclusion of commercial and recreational fishermen's input occurred during the development of the measures in this rule. As outlined in the SIR prepared by the Council, the public had the opportunity to provide comments during the development of the 2016 catch limits, the 2016 recreational management measures, and the scup incidental trawl possession limits. Opportunities for public participation, including recreational and commercial fishermen, occurred as part the following meetings:Summer Flounder, Scup, and Black Sea Bass Monitoring Committee Meetings; September 23, 2015, and November 7-10, 2015; Summer Flounder, Scup, and Black Sea Bass Advisory Panel Meetings; October 22, 2015, and November 17, 2015; Council meeting; December 8-10, 2015. [[Page 51378]] Furthermore, the measures of this rule have been subject to public comment through proposed rulemaking, as required under the Administrative Procedure Act. Classification The Administrator, Greater Atlantic Region, NMFS, determined that the 2016 recreational management measures and other specification measures of this rule for the Summer Flounder, Scup, and Black Sea Bass FMP are necessary for the conservation and management of the summer flounder, scup, and black sea bass fisheries and that the measures are consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. The Assistant Administrator for Fisheries, NOAA, finds good cause to waive the requirement for a 30-day delay in effectiveness under the provisions of section 553(d) of the Administrative Procedure Act because a delay in its effectiveness would not serve any legitimate purpose, while unfairly prejudicing federally permitted charter/party vessels. Recreational fisheries are already underway for summer flounder, scup, and black sea bass. Rulemaking has been delayed while final information from the MRIP program, provided many weeks later than is typical, has been evaluated. The Commission's Black Sea Bass Management Board met on July 6, 2016, to discuss the updated MRIP estimates. NMFS could not issue a final rule for black sea bass measures until the outcome of this meeting was known. Because summer flounder fisheries are already open prior to the publication of this rule, additional delay will disadvantage federally permitted charter/party vessels that would be restricted to the existing summer flounder coastwide regulations (18-inch (45.7-cm) minimum size and a 4-fish per person possession limit) until the Federal regulations implementing conservation equivalency are effective. This would unnecessarily disadvantage federally permitted vessels, which would be subject to the more restrictive measures while state-licensed vessels could be engaged in fishing activities under this year's management measures. If this final rule were delayed for 30 days, the fishery would likely forego some amount of landings and revenues during the delay period. While these restrictions would be alleviated after this rule becomes effective, fishermen may be not able to recoup the lost economic opportunity of foregone trips that would result from delaying the effectiveness of this action. Finally, requiring a 30-day delay before the final rule becomes effective would not provide any benefit to the regulated parties. Unlike actions that require an adjustment period to comply with new rules, charter/party operators will not have to purchase new equipment or otherwise expend time or money to comply with these management measures. Rather, complying with this final rule simply means adhering to the published management measures for each relevant species of fish while the charter/party operators are engaged in fishing activities. For these reasons, the Assistant Administrator finds good cause to waive the 30-day delay and to implement this rule upon publication in the Federal Register. This final rule has been determined to be not significant for purposes of Executive Order 12866. On December 29, 2015, the National Marine Fisheries Service (NMFS) issued a final rule establishing a small business size standard of $11 million in annual gross receipts for all businesses primarily engaged in the commercial fishing industry (NAICS 11411) for Regulatory Flexibility Act (RFA) compliance purposes only (80 FR 81194, December 29, 2015). The $11 million standard became effective on July 1, 2016, and is to be used in place of the U.S. Small Business Administration's (SBA) current standards of $20.5 million, $5.5 million, and $7.5 million for the finfish (NAICS 114111), shellfish (NAICS 114112), and other marine fishing (NAICS 114119) sectors of the U.S. commercial fishing industry in all NMFS rules subject to the RFA after July 1, 2016. Pursuant to the Regulatory Flexibility Act, and prior to July 1, 2016, a certification was developed for this regulatory action using SBA's former size standards. NMFS has reviewed the analyses prepared for this regulatory action in light of the new size standard. All of the entities directly regulated by this regulatory action are commercial finfish fishing businesses. The new standard could result in fewer commercial finfish businesses being considered small. However, NMFS has determined that the new size standard does not affect its decision to certify this regulatory action. The action results in essentially status quo measures for all three fisheries and would have a minimal, potentially slightly positive, impact on all regulated entities regardless of size. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: July 29, 2016. 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. In Sec. 648.107, paragraph (a) introductory text is revised 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 2016 are the conservation equivalent of the season, minimum size, and possession limit prescribed in Sec. Sec. 648.102, 648.103, and 648.105(a), respectively. This determination is based on a recommendation from the Summer Flounder Board of the Atlantic States Marine Fisheries Commission. * * * * * 0 3. In Sec. 648.108, paragraph (a)(1) is revised and paragraph (b)(3) is redesignated as paragraph (b)(2)(iv). The revision reads as follows: Sec. 648.108 Summer flounder gear restrictions. (a) General. (1) Otter trawlers whose owners are issued a summer flounder permit and that land or possess 100 lb (45.4 kg) or more of summer flounder from May 1 through October 31, or 200 lb (90.7 kg) or more of summer flounder from November 1 through April 30, per trip, must fish with nets that have a minimum mesh size of 5.5-inch (14.0-cm) diamond or 6.0-inch (15.2-cm) square mesh applied throughout the body, extension(s), and codend portion of the net, except as required in a TED extension, in accordance with Sec. 223.206(d)(2)(iii) of this title. * * * * * 0 4. In Sec. 648.125, paragraph (a)(1) is revised to read as follows: Sec. 648.125 Scup gear restrictions. (a) Trawl vessel gear restrictions--(1) Minimum mesh size. No owner or operator of an otter trawl vessel that is [[Page 51379]] issued a scup moratorium permit may possess more than 1,000 lb (454 kg) of scup from November 1 through April 30, or more than 200 lb (91 kg) of scup from May 1 through October 31, unless fishing with nets that have a minimum mesh size of 5.0-inch (12.7-cm) diamond mesh, applied throughout the codend for at least 75 continuous meshes forward of the terminus of the net, and all other nets are stowed and not available for immediate use as defined in Sec. 648.2. * * * * * [FR Doc. 2016-18485 Filed 8-1-16; 4:15 pm] BILLING CODE 3510-22-P
![51374 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations
Description and Estimate of Number of Description of the Steps the Agency Has DEPARTMENT OF COMMERCE
Small Entities to Which the Rule Would Taken To Minimize the Significant
Apply Economic Impact on Small Entities National Oceanic and Atmospheric
Consistent With the Stated Objectives of Administration
On December 29, 2015, the National Applicable Statutes
Marine Fisheries Service (NMFS) issued 50 CFR Part 648
a final rule establishing a small business Specification of commercial quota,
[Docket No. 160301167–6658–02]
size standard of $11 million in annual recreational harvest levels, and
gross receipts for all businesses possession limits is constrained by the RIN 0648–BF89
primarily engaged in the commercial conservation objectives and derivation
fishing industry (NAICS 11411) for formula set forth in the FMP and Fisheries of the Northeastern United
Regulatory Flexibility Act (RFA) implemented at 50 CFR part 648 under States; Recreational Management
compliance purposes only (80 FR the authority of the Magnuson-Stevens Measures for the Summer Flounder,
81194, December 29, 2015). The $11 Act. Furthermore, specifications must Scup, and Black Sea Bass Fisheries;
million standard became effective on be based on the best available scientific Fishing Year 2016
July 1, 2016, and is to be used in place information, consistent with National AGENCY: National Marine Fisheries
of the U.S. Small Business Standard 2 of the Magnuson-Stevens Service (NMFS), National Oceanic and
Administration’s (SBA) current Act. With the specification options Atmospheric Administration (NOAA),
standards of $20.5 million, $5.5 million, considered, the measures in this final Commerce.
and $7.5 million for the finfish (NAICS rule are the only measures that both ACTION: Final rule.
114111), shellfish (NAICS 114112), and satisfy these overarching regulatory and
other marine fishing (NAICS 114119) statutory requirements while SUMMARY: NMFS is implementing
sectors of the U.S. commercial fishing minimizing, to the extent possible, management measures for the 2016
industry in all NMFS rules subject to impacts on small entities. This rule summer flounder, scup, and black sea
the Regulatory Flexibility Act after July implements the specifications outlined bass recreational fisheries, changes to
1, 2016. in Table 1. The impacts of the the commercial scup incidental
specifications, as implemented by this possession limit, and two minor
Pursuant to the Regulatory Flexibility corrections to the summer flounder
Act, and prior to July 1, 2016, an initial final rule, are not expected to
commercial fishery minimum mesh size
regulatory flexibility analysis was disproportionately impact large or small
regulations. The implementing
developed for this regulatory action entities.
regulations for these fisheries require
using SBA’s former size standards. Small Entity Compliance Guide NMFS to publish recreational measures
NMFS has reviewed the analyses for the fishing year. The intent of these
prepared for this regulatory action in Section 212 of the Small Business measures is to constrain recreational
light of the new size standard. All of the Regulatory Enforcement Fairness Act of catch to established limits and prevent
entities directly regulated by this 1996 states that, for each rule or group overfishing of the summer flounder,
regulatory action are commercial finfish of related rules for which an agency is scup, and black sea bass resources, to
fishing businesses. The new standard required to prepare a FRFA, the agency reduce unnecessary commercial
could result in 13 fewer commercial shall publish one or more guides to discards by allowing more incidentally
finfish businesses being considered assist small entities in complying with caught scup to be retained by vessels,
small. the rule, and shall designate such and to correct inaccuracies within the
publications as ‘‘small entity summer flounder mesh regulations.
Taking this change into consideration,
NMFS has identified no additional compliance guides.’’ The agency shall DATES: Effective August 4, 2016.
significant alternatives that accomplish explain the actions a small entity is ADDRESSES: Copies of the Supplemental
statutory objectives and minimize any required to take to comply with a rule Information Report (SIR) and other
significant economic impacts of the or group of rules. As part of this supporting documents for the
proposed rule on small entities. Other rulemaking process, a small entity recreational harvest measures are
options considered by the Council, compliance guide will be sent to all available from Dr. Christopher M.
including those that could have less of holders of Federal permits issued for the Moore, Executive Director, Mid-Atlantic
an impact on small entities, fail to meet Atlantic bluefish fishery. Fishery Management Council, Suite 201,
In addition, copies of this final rule 800 N. State Street, Dover, DE 19901.
one or more of these statutory objectives
and guide (i.e., permit holder letter) are The recreational harvest measures
and therefore cannot be implemented.
document is also accessible via the
Further, the new size standard does not available from NMFS (see ADDRESSES)
Internet at: http://
affect the decision to prepare a FRFA as and at the following Web site:
www.greateratlantic.fisheries.noaa.gov.
opposed to a certification for this www.greateratlantic.fisheries.noaa.gov.
regulatory action FOR FURTHER INFORMATION CONTACT:
Authority: 16 U.S.C. 1801 et seq.
Elizabeth Scheimer, Fisheries
Description of Projected Reporting, Dated: July 29, 2016. Management Specialist, (978) 281–9236.
Recordkeeping, and Other Compliance Samuel D. Rauch III, SUPPLEMENTARY INFORMATION:
Requirements Deputy Assistant Administrator for
General Background
Regulatory Programs, National Marine
ehiers on DSK5VPTVN1PROD with RULES
No additional reporting,
Fisheries Service. The summer flounder, scup, and
recordkeeping, or other compliance black sea bass fisheries are managed
[FR Doc. 2016–18424 Filed 8–1–16; 8:45 am]
requirements are included in this final cooperatively under the provisions of
BILLING CODE 3510–22–C
rule. the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan
(FMP) developed by the Mid-Atlantic
VerDate Sep<11>2014 13:37 Aug 03, 2016 Jkt 238001 PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 E:\FR\FM\04AUR1.SGM 04AUR1](https://thefederalregister.org/doc/81_FR_51524/page/1.svg)
![Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations 51379
issued a scup moratorium permit may final 2016 and 2017 harvest DEPARTMENT OF COMMERCE
possess more than 1,000 lb (454 kg) of specifications for groundfish of the Gulf
scup from November 1 through April of Alaska (81 FR 14740, March 18, National Oceanic and Atmospheric
30, or more than 200 lb (91 kg) of scup 2016). Administration
from May 1 through October 31, unless In accordance with § 679.20(d)(1)(i),
fishing with nets that have a minimum the Administrator, Alaska Region, 50 CFR Part 679
mesh size of 5.0-inch (12.7-cm) NMFS (Regional Administrator), has
determined that the 2016 TAC of dusky [Docket No. 150818742–6210–02]
diamond mesh, applied throughout the
codend for at least 75 continuous rockfish in the Western Regulatory Area RIN 0648–XE706
meshes forward of the terminus of the of the GOA will soon be reached.
net, and all other nets are stowed and Therefore, the Regional Administrator is Fisheries of the Exclusive Economic
not available for immediate use as establishing a directed fishing Zone Off Alaska; Pacific Ocean Perch
defined in § 648.2. allowance of 100 mt, and is setting aside in the Western Regulatory Area of the
* * * * * the remaining 73 mt as bycatch to Gulf of Alaska
[FR Doc. 2016–18485 Filed 8–1–16; 4:15 pm] support other anticipated groundfish
fisheries. In accordance with AGENCY: National Marine Fisheries
BILLING CODE 3510–22–P Service (NMFS), National Oceanic and
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed Atmospheric Administration (NOAA),
fishing allowance has been reached. Commerce.
DEPARTMENT OF COMMERCE
Consequently, NMFS is prohibiting ACTION: Temporary rule; closure.
National Oceanic and Atmospheric directed fishing for dusky rockfish in
Administration the Western Regulatory Area of the SUMMARY: NMFS is prohibiting directed
GOA. fishing for Pacific ocean perch in the
50 CFR Part 679 After the effective date of this closure Western Regulatory Area of the Gulf of
the maximum retainable amounts at Alaska (GOA). This action is necessary
[Docket No. 150818742–6210–02] to prevent exceeding the 2016 total
§ 679.20(e) and (f) apply at any time
RIN 0648–XE708 during a trip. allowable catch of Pacific ocean perch
in the Western Regulatory Area of the
Fisheries of the Exclusive Economic Classification GOA.
Zone Off Alaska; Dusky Rockfish in the This action responds to the best DATES: Effective 1200 hours, Alaska
Western Regulatory Area of the Gulf of available information recently obtained local time (A.l.t.), August 1, 2016,
Alaska from the fishery. The Assistant through 2400 hours, A.l.t., December 31,
Administrator for Fisheries, NOAA 2016.
AGENCY: National Marine Fisheries
(AA), finds good cause to waive the FOR FURTHER INFORMATION CONTACT: Josh
Service (NMFS), National Oceanic and
requirement to provide prior notice and Keaton, 907–586–7228.
Atmospheric Administration (NOAA),
opportunity for public comment
Commerce. SUPPLEMENTARY INFORMATION: NMFS
pursuant to the authority set forth at 5
ACTION: Temporary rule; closure. manages the groundfish fishery in the
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public GOA exclusive economic zone
SUMMARY: NMFS is prohibiting directed according to the Fishery Management
fishing for dusky rockfish in the interest. This requirement is
impracticable and contrary to the public Plan for Groundfish of the Gulf of
Western Regulatory Area of the Gulf of Alaska (FMP) prepared by the North
Alaska (GOA). This action is necessary interest as it would prevent NMFS from
responding to the most recent fisheries Pacific Fishery Management Council
to prevent exceeding the 2016 total under authority of the Magnuson-
allowable catch of dusky rockfish in the data in a timely fashion and would
delay the closure of directed fishing for Stevens Fishery Conservation and
Western Regulatory Area of the GOA. Management Act. Regulations governing
DATES: Effective 1200 hours, Alaska
dusky rockfish in the Western
Regulatory Area of the GOA. NMFS was fishing by U.S. vessels in accordance
local time (A.l.t.), August 1, 2016, with the FMP appear at subpart H of 50
through 2400 hours, A.l.t., December 31, unable to publish a notice providing
time for public comment because the CFR part 600 and 50 CFR part 679.
2016. The 2016 total allowable catch (TAC)
most recent, relevant data only became
FOR FURTHER INFORMATION CONTACT: Josh of Pacific ocean perch in the Western
available as of July 29, 2016.
Keaton, 907–586–7228. The AA also finds good cause to Regulatory Area of the GOA is 2,737
SUPPLEMENTARY INFORMATION: NMFS waive the 30-day delay in the effective metric tons (mt) as established by the
manages the groundfish fishery in the date of this action under 5 U.S.C. final 2016 and 2017 harvest
GOA exclusive economic zone 553(d)(3). This finding is based upon specifications for groundfish of the Gulf
according to the Fishery Management the reasons provided above for waiver of of Alaska (81 FR 14740, March 18,
Plan for Groundfish of the Gulf of prior notice and opportunity for public 2016).
Alaska (FMP) prepared by the North comment. In accordance with § 679.20(d)(1)(i),
Pacific Fishery Management Council This action is required by § 679.20 the Administrator, Alaska Region,
under authority of the Magnuson- and is exempt from review under NMFS (Regional Administrator), has
Stevens Fishery Conservation and Executive Order 12866. determined that the 2016 TAC of Pacific
Management Act. Regulations governing ocean perch in the Western Regulatory
Authority: 16 U.S.C. 1801 et seq.
fishing by U.S. vessels in accordance Area of the GOA will soon be reached.
ehiers on DSK5VPTVN1PROD with RULES
with the FMP appear at subpart H of 50 Dated: August 1, 2016. Therefore, the Regional Administrator is
CFR part 600 and 50 CFR part 679. Emily H. Menashes, establishing a directed fishing
The 2016 total allowable catch (TAC) Acting Director, Office of Sustainable allowance of 2,637 mt, and is setting
of dusky rockfish in the Western Fisheries, National Marine Fisheries Service. aside 100 mt as bycatch to support other
Regulatory Area of the GOA is 173 [FR Doc. 2016–18524 Filed 8–1–16; 4:15 pm] anticipated groundfish fisheries. In
metric tons (mt) as established by the BILLING CODE 3510–22–P accordance with § 679.20(d)(1)(iii), the
VerDate Sep<11>2014 13:37 Aug 03, 2016 Jkt 238001 PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 E:\FR\FM\04AUR1.SGM 04AUR1](https://thefederalregister.org/doc/81_FR_51524/page/6.svg)
Document Created: 2016-08-04 02:53:16
Document Modified: 2016-08-04 02:53:16
| 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 August 4, 2016. | |
| Contact | Elizabeth Scheimer, Fisheries Management Specialist, (978) 281-9236. | |
| FR Citation | 81 FR 51374 | |
| RIN Number | 0648-BF89 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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