82 FR 17964 - Fisheries of the Northeastern United States; Black Sea Bass Fishery; 2017 and Projected 2018 Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 71 (April 14, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 71 (April 14, 2017)
| Page Range | 17964-17966 | |
| FR Document | 2017-07567 |
[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)] [Proposed Rules] [Pages 17964-17966] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07567] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170316276-7276-01] RIN 0648-XF300 Fisheries of the Northeastern United States; Black Sea Bass Fishery; 2017 and Projected 2018 Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes revised black sea bass specifications for the 2017 fishing year and projected specifications for 2018. In addition, this rule proposes to remove an accountability measure implemented at the start of the fishing year designed to account for commercial sector overages in 2015. Updated scientific information regarding the black sea bass stock indicates that higher catch limits should be implemented to obtain optimum yield, and that the accountability measure is no longer necessary or appropriate. This action is intended to inform the public of the proposed specifications for the 2017 fishing year and projected specifications for 2018. DATES: Comments must be received by 5 p.m. local time, on May 1, 2017. ADDRESSES: An environmental assessment (EA) was prepared for this action and describes the proposed measures and other considered alternatives, and provides an analysis of the impacts of the proposed measures and alternatives. Copies of the Specifications Document, including the EA and the Regulatory Flexibility Act Analysis, are available on request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 North State Street, Dover, DE 19901. These documents are also accessible via the Internet at http://www.mafmc.org. You may submit comments on this document, identified by NOAA-NMFS- 2017-0023, by either of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0023, 2. Click the ``Comment Now!'' icon, complete the required fields, 3. Enter or attach your comments. --OR-- Mail: Submit written comments to John Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA, 01930. Mark the outside of the envelope, ``Comments on the Proposed Rule for Revised Black Sea Bass Specifications.'' 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 part of the public record and will generally be posted for public viewing on 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: Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. SUPPLEMENTARY INFORMATION: General Background The Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission cooperatively manage the summer flounder, scup, and black sea bass fisheries. The Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and its implementing regulations outline the Council's process for establishing specifications. Specifications in these fisheries include various catch and landing subdivisions, such as the commercial and recreational sector annual catch limits (ACLs), annual catch targets (ACTs), and sector-specific landing limits (i.e., the commercial fishery quota and recreational harvest limit). Annual specifications may be proposed for three-year periods, with the Council reviewing the specifications each year to ensure that previously established multi-year specifications remain appropriate. Following review, NMFS publishes the final annual specifications in the Federal Register. The FMP also contains formulas to divide the specification catch limits into commercial and recreational fishery allocations, state-by-state quotas, and quota periods, depending on the species in question. Rulemaking for measures used to manage the recreational fisheries (minimum fish sizes, open seasons, and bag limits) for these three species occurs separately, and typically takes place in the spring of each year. On December 28, 2015, NMFS published a final rule implementing the Council's recommended specifications for the black sea bass fishery (80 FR 80689). The Council intended to reconsider the specifications set for fishing year 2017 following completion of the next black sea bass benchmark assessment. The assessment was completed in late 2016 and was peer reviewed by the Stock Assessment Workshop/Stock Assessment Review Committee (SAW/ SARC 62) in December 2016. The benchmark assessment was effective in determining stock status, biological reference points and proxies, and in projecting probable short-term trends. The assessment successfully cleared the SAW/SARC 62 peer review process, addressing many of the significant concerns raised during peer reviews of earlier assessments. The assessment indicates that the black sea bass stock north of Cape Hatteras is not overfished and overfishing is not occurring. The spawning stock biomass in 2015 was estimated to be 2.3 times higher than the target and the fishing mortality rate (F) was 25 percent below the FMSY proxy. Table 1 outlines the updated biological reference points and 2015 stock information. [[Page 17965]] Table 1--Updated Black Sea Bass Biological Reference Points (BRPs) and 2015 Stock Information ---------------------------------------------------------------------------------------------------------------- Proxy BRP (mil lb) BRP (mt) 2015 (mil lb) 2015 (mt) ---------------------------------------------------------------------------------------------------------------- FMSY......................... F40%............. 0.36 0.36 0.27 0.27 Stock Biomass Target......... SSB40%........... 21.3 9,667 48.9 22,176 Stock Biomass Threshold...... 1/2SSB40%........ 10.7 4,834 N/A N/A ---------------------------------------------------------------------------------------------------------------- Proposed Specifications The Council's Scientific and Statistical Committee (SSC) met on January 25, 2017, to discuss the assessment results and identify an updated acceptable biological catch (ABC) level for 2017, and project ABCs for the 2018 and 2019 fishing years. Based on the new information provided by the assessment, the SSC accepted the overfishing limits (OFLs) estimated by the assessment and recommended using a coefficient of variation (CV) associated with the OFL of 60 percent. This marked a change from the default 100-percent values that had been used in the past, which had resulted in more precautionary specifications. Using the Council's risk policy with a CV of 60 percent around the OFL, the SSC recommended ABCs for the 2017 through 2019 fishing years (Table 2). The adjusted 2017 ABC is 57 percent higher than the currently established 2017 ABC; however, there is a pattern of declining ABCs over the next three years. This decline is in part due to the passage of the large 2011 year class out of the fishery. The SSC intends to review its ABC recommendation again next summer and determine if adjustments need to be made for 2018. Following the SSC meeting, the Monitoring Committee met on January 26, 2017, to discuss ACLs, ACTs, commercial quotas, and recreational harvest limits for the 2017 through 2019 fishing years. The Monitoring Committee determined that no additional reductions were necessary to account for management uncertainty. Commercial landings have been very close to the quota over the last five years and recreational overages occurred when the stock was rapidly growing and availability to anglers was high, but the recreational harvest limits were set at levels not reflective of stock size. As a result, the Monitoring Committee recommended that ACTs for the commercial and recreational sectors should equal their respective ACLs. After removing the sector-specific estimated discards, the black sea bass commercial quotas and recreational harvest limits would be those shown in Table 2. The Monitoring Committee believed the calculation for projecting discards for 2017 is appropriate, but will reconsider discard projections and apportionments for 2018. The Monitoring Committee did not recommend any changes to the current commercial measures, including the 11-inch minimum fish size, mesh size requirements and seasonal possession limit thresholds, or pot/trap gear requirements. As previously mentioned, we are separately proposing an action to address 2017 black sea bass recreational management measures. The Council and the Commission's Summer Flounder, Scup, and Black Sea Bass Management Board met jointly on February 15, 2017, to consider the SSC and Monitoring Committees' recommendations, receive public comments on those recommendations, and to formalize recommendations for catch limit specifications and commercial and recreational management measures. The Council and Board ultimately adopted the Monitoring Committee's recommendations for 2017 ACLs, ACTs, quotas, and harvest limits; as well as the projected specifications for 2018. Due to the Marine Recreational Information Program (MRIP) transition timeline that would incorporate re-estimated historical catch estimates into stock assessments, currently scheduled for completion in 2018, the Council did not want to project specifications past 2018. The Council's recommendations represent a 53-percent increase in the 2017 commercial quota established in 2015 and a 52-percent increase in the 2017 recreational harvest limit. The Council will revisit its decision on the projected 2018 specifications following the SSC's review next summer. By providing projected specifications for 2018, NMFS hopes to assist fishery participants in planning ahead. Final 2018 specifications will be published in the Federal Register before the start of the 2018 fishing year (January 1, 2018) based on the Council's review. Table 2--Council-Recommended Black Sea Bass Specifications for 2017 and Projected for 2018 -------------------------------------------------------------------------------------------------------------------------------------------------------- Black sea bass specifications ----------------------------------------------------------------------------------------------- 2017 (current) 2017 (revised) 2018 (projected) ----------------------------------------------------------------------------------------------- mil lb mt mil lb mt mil lb mt -------------------------------------------------------------------------------------------------------------------------------------------------------- OFL..................................................... n/a n/a 12.05 5,467 10.29 4,669 ABC..................................................... 6.67 3,025 10.47 4,750 8.94 4,057 Commercial ACL.......................................... 3.15 1,428 5.09 2,311 4.35 1,974 Commercial ACT.......................................... * 3.15 * 1,428 5.09 2,311 4.35 1,974 Commercial Discards..................................... 0.44 198 0.97 442 0.83 377 Commercial Quota........................................ * 2.71 * 1,226 4.12 1,869 3.52 1,596 Recreational ACL........................................ 3.52 1,597 5.38 2,439 4.59 2,083 Recreational ACT........................................ 3.52 1,597 5.38 2,439 4.59 2,083 Recreational Discards................................... 0.70 317 1.09 494 0.93 422 Recreational Harvest Limit.............................. 2.82 1,280 4.29 1,945 3.66 1,661 -------------------------------------------------------------------------------------------------------------------------------------------------------- * At the start of the fishing year, the 2017 commercial ACT and commercial quota were further reduced to 2.3 million lb (1,043 mt) and 1.86 million lb (845 mt), respectively, as accountability measures due to a perceived 2015 overage. [[Page 17966]] Consistent with the black sea bass regulations, the sum of the recreational and commercial sector ACLs is equal to the ABC for each fishing year. To derive the ACLs, the sum of the sector-specific projected discards are removed from the ABCs to derive the landing allowances. For black sea bass, 49 percent of the landing allowance for each fishing year is allocated to the commercial fishery and 51 percent to the recreational fishery. Using this method ensures that each sector is accountable for its respective discards, rather than simply apportioning the ABCs by the allocation percentages to derive the sector ACLs. Although the derived ACLs are not split exactly according to the allocations specified in the FMP, the landing portions of the ACLs preserve the appropriate allocation split, consistent with the FMP. This process results in the commercial and recreational ACLs, commercial quotas, and recreational harvest limits shown in Table 2. Reconsideration of the 2017 Accountability Measure for the Commercial Fishery In our final rule announcing the revisions to the summer flounder specifications for 2017 and 2018, we also announced an accountability measure (AM) applicable to the black sea bass commercial fishery. This AM was an automatic pound-for-pound payback, as required by the regulations, which resulted from overages in 2015. During that fishing year, the commercial fishery caught slightly more (3.8 percent) than their commercial quota, which generally would have resulted in just a pound-for-pound payback from their 2017 commercial quota. However, 2015 discard estimates were much higher than originally projected, accounting for 44.4 percent of the total commercial catch in 2015. As a result, the regulations require that the total overage (i.e., 849,000 lb (385 mt)) be taken from a future year's commercial ACL and the 2017 commercial quota was reduced by approximately 30 percent (i.e., from 2.71 million lb (1,230 mt) to 1.86 million lb (845 mt)). The new 2016 benchmark assessment has provided updated information on the condition of the stock, particularly for 2015, the year when the overages occurred. If the current assessment had been available to set 2015 specifications, analysis indicates the 2015 ABC would have been more than double what was implemented and the 2015 ACL would not have been exceeded. Higher 2015 commercial discards, above those projected for the implemented 2015 ACL, were estimated and used in the assessment and did not impact the stock status. Even accounting for the unexpectedly high discards, fishing mortality in 2015 was the lowest in the time series, 25 percent below the overfishing threshold. The new 2016 stock assessment provides a much more comprehensive and robust picture of the stock in 2015, and represents the best available science to guide management decisions. As a result, the Council has recommended pursuant to 50 CFR 648.142(b) that the specific AM be removed. We agree that it is not necessary, and we intend to remove the AM from the 2017 commercial fishery. As for the 3.8-percent overage (i.e., about 81,500 lb (37 mt)) of the commercial fishery's quota, which generally would have resulted in a pound-for-pound payback against the 2017 quota, preliminary 2016 catch data indicate that the fishery had approximately 209,400 lb (95 mt) of unharvested quota. Had we known of the 2015 commercial quota overage and implemented a pound-for-pound reduction in 2016, we would not have exceeded the 2016 quota. As is consistent with how we handle summer flounder catch accounting, that payback could have been accounted for in 2016 (i.e., total 2016 landings plus the 2015 overage amount did not exceed the 2016 commercial quota). As a result, this overage does not need to be applied to the 2017 quota. As for AMs in the recreational fishery, with the new benchmark stock assessment information, analysis indicates that recreational harvest limits during the last few years would have been significantly higher (i.e., approximately double those implemented) if they had been set using the recent assessment model, and previous overages would likely not have occurred to the same degree, if at all. Based on this new information, the Monitoring Committee determined that no AMs are necessary for 2017 in the recreational fishery. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 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. This proposed rule is exempt from the procedures of E.O. 12866 because this action contains no implementing regulations. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The Mid-Atlantic Fishery Management Council conducted an evaluation of the potential socioeconomic impacts of the proposed measures in conjunction with an EA. According to the commercial ownership database, 609 affiliate firms landed black sea bass during the 2013-2015 period, with 603 of those business affiliates categorized as small businesses and 6 categorized as large businesses. Black sea bass represented approximately 2.58 percent of the average receipts of the small entities considered and 0.51 percent of the average receipts of the large entities considered over this time period. The ownership data for the for-hire fleet indicate that there were 411 for-hire affiliate firms generating revenues from fishing recreationally for various species during the 2013-2015 period, all of which are categorized as small businesses. Although it is not possible to derive what proportion of the overall revenues came from specific fishing activities, given the popularity of black sea bass as a recreational species it is likely that revenues generated from black sea bass is important for some if not all of these firms. The proposed measure would increase both the commercial quota and the recreational harvest limit by over 50 percent, resulting in positive economic impacts on regulated entities. Because this rule will not have a significant economic impact on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared. There are no new reporting or recordkeeping requirements contained in any of the alternatives considered for this action. Authority: 16 U.S.C. 1801 et seq. Dated: April 11, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-07567 Filed 4-13-17; 8:45 am] BILLING CODE 3510-22-P
![17964 Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Proposed Rules
PART 22—PUBLIC MOBILE SERVICES 2017 fishing year and projected cooperatively manage the summer
specifications for 2018. flounder, scup, and black sea bass
■ 1. The authority citation for part 22 DATES: Comments must be received by fisheries. The Summer Flounder, Scup,
continues to read as follows: 5 p.m. local time, on May 1, 2017. and Black Sea Bass Fishery Management
Authority: 47 U.S.C. 154, 222, 303, 309 and ADDRESSES: An environmental Plan (FMP) and its implementing
332. assessment (EA) was prepared for this regulations outline the Council’s
action and describes the proposed process for establishing specifications.
§ 22.301 [Removed and Reserved].
measures and other considered Specifications in these fisheries include
■ 2. Remove and reserve § 22.301. various catch and landing subdivisions,
alternatives, and provides an analysis of
§ 22.303 [Removed and Reserved]. the impacts of the proposed measures such as the commercial and recreational
■ 3. Remove and reserve § 22.303. and alternatives. Copies of the sector annual catch limits (ACLs),
■ 4. Section 22.321 is amended by Specifications Document, including the annual catch targets (ACTs), and sector-
removing paragraph (c), redesignating EA and the Regulatory Flexibility Act specific landing limits (i.e., the
paragraphs (d) through (f) as paragraphs Analysis, are available on request from commercial fishery quota and
(c) through (e), and by revising the Dr. Christopher M. Moore, Executive recreational harvest limit). Annual
subject headings of newly redesignated Director, Mid-Atlantic Fishery specifications may be proposed for
paragraphs (c) through (e) to read as Management Council, Suite 201, 800 three-year periods, with the Council
follows: North State Street, Dover, DE 19901. reviewing the specifications each year to
These documents are also accessible via ensure that previously established
§ 22.321 Equal Employment Opportunities the Internet at http://www.mafmc.org. multi-year specifications remain
* * * * * You may submit comments on this appropriate. Following review, NMFS
(c) Complaints of violations of Equal document, identified by NOAA–NMFS– publishes the final annual specifications
Employment Programs. * * * 2017–0023, by either of the following in the Federal Register. The FMP also
(d) FCC records. * * * methods: contains formulas to divide the
(e) Licensee records. * * * Electronic Submission: Submit all specification catch limits into
electronic public comments via the commercial and recreational fishery
§ 22.325 [Removed and Reserved]. Federal e-Rulemaking Portal. allocations, state-by-state quotas, and
■ 5. Remove and reserve § 22.325. 1. Go to www.regulations.gov/ quota periods, depending on the species
[FR Doc. 2017–07549 Filed 4–13–17; 8:45 am] #!docketDetail;D=NOAA-NMFS-2017- in question. Rulemaking for measures
BILLING CODE 6712–01–P 0023, used to manage the recreational
2. Click the ‘‘Comment Now!’’ icon, fisheries (minimum fish sizes, open
complete the required fields, seasons, and bag limits) for these three
DEPARTMENT OF COMMERCE 3. Enter or attach your comments. species occurs separately, and typically
—OR— takes place in the spring of each year.
National Oceanic and Atmospheric Mail: Submit written comments to
On December 28, 2015, NMFS
Administration John Bullard, Regional Administrator,
published a final rule implementing the
National Marine Fisheries Service, 55
Council’s recommended specifications
50 CFR Part 648 Great Republic Drive, Gloucester, MA,
for the black sea bass fishery (80 FR
01930. Mark the outside of the
[Docket No. 170316276–7276–01] 80689). The Council intended to
envelope, ‘‘Comments on the Proposed
RIN 0648–XF300 Rule for Revised Black Sea Bass reconsider the specifications set for
Specifications.’’ fishing year 2017 following completion
Fisheries of the Northeastern United Instructions: Comments sent by any of the next black sea bass benchmark
States; Black Sea Bass Fishery; 2017 other method, to any other address or assessment.
and Projected 2018 Specifications individual, or received after the end of The assessment was completed in late
AGENCY: National Marine Fisheries the comment period, may not be 2016 and was peer reviewed by the
Service (NMFS), National Oceanic and considered by NMFS. All comments Stock Assessment Workshop/Stock
Atmospheric Administration (NOAA), received are part of the public record Assessment Review Committee (SAW/
Commerce. and will generally be posted for public SARC 62) in December 2016. The
viewing on www.regulations.gov benchmark assessment was effective in
ACTION: Proposed rule; request for
without change. All personal identifying determining stock status, biological
comments.
information (e.g., name, address, etc.), reference points and proxies, and in
SUMMARY: NMFS proposes revised black confidential business information, or projecting probable short-term trends.
sea bass specifications for the 2017 otherwise sensitive information The assessment successfully cleared the
fishing year and projected specifications submitted voluntarily by the sender will SAW/SARC 62 peer review process,
for 2018. In addition, this rule proposes be publicly accessible. NMFS will addressing many of the significant
to remove an accountability measure accept anonymous comments (enter concerns raised during peer reviews of
implemented at the start of the fishing ‘‘N/A’’ in the required fields if you wish earlier assessments. The assessment
year designed to account for commercial to remain anonymous). indicates that the black sea bass stock
sector overages in 2015. Updated FOR FURTHER INFORMATION CONTACT: north of Cape Hatteras is not overfished
jstallworth on DSK7TPTVN1PROD with PROPOSALS
scientific information regarding the Cynthia Hanson, Fishery Management and overfishing is not occurring. The
black sea bass stock indicates that Specialist, (978) 281–9180. spawning stock biomass in 2015 was
higher catch limits should be SUPPLEMENTARY INFORMATION: estimated to be 2.3 times higher than the
implemented to obtain optimum yield, target and the fishing mortality rate (F)
and that the accountability measure is General Background was 25 percent below the FMSY proxy.
no longer necessary or appropriate. This The Mid-Atlantic Fishery Table 1 outlines the updated biological
action is intended to inform the public Management Council and the Atlantic reference points and 2015 stock
of the proposed specifications for the States Marine Fisheries Commission information.
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![17966 Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Proposed Rules
Consistent with the black sea bass commercial discards, above those This proposed rule is exempt from the
regulations, the sum of the recreational projected for the implemented 2015 procedures of E.O. 12866 because this
and commercial sector ACLs is equal to ACL, were estimated and used in the action contains no implementing
the ABC for each fishing year. To derive assessment and did not impact the stock regulations.
the ACLs, the sum of the sector-specific status. Even accounting for the The Chief Counsel for Regulation of
projected discards are removed from the unexpectedly high discards, fishing the Department of Commerce certified
ABCs to derive the landing allowances. mortality in 2015 was the lowest in the to the Chief Counsel for Advocacy of the
For black sea bass, 49 percent of the time series, 25 percent below the Small Business Administration that this
landing allowance for each fishing year overfishing threshold. The new 2016 proposed rule, if adopted, would not
is allocated to the commercial fishery stock assessment provides a much more have a significant economic impact on
and 51 percent to the recreational comprehensive and robust picture of the a substantial number of small entities.
fishery. Using this method ensures that stock in 2015, and represents the best The Mid-Atlantic Fishery Management
each sector is accountable for its available science to guide management Council conducted an evaluation of the
respective discards, rather than simply decisions. As a result, the Council has potential socioeconomic impacts of the
apportioning the ABCs by the allocation recommended pursuant to 50 CFR
proposed measures in conjunction with
percentages to derive the sector ACLs. 648.142(b) that the specific AM be
an EA. According to the commercial
Although the derived ACLs are not split removed. We agree that it is not
ownership database, 609 affiliate firms
exactly according to the allocations necessary, and we intend to remove the
landed black sea bass during the 2013–
specified in the FMP, the landing AM from the 2017 commercial fishery.
As for the 3.8-percent overage (i.e., 2015 period, with 603 of those business
portions of the ACLs preserve the affiliates categorized as small businesses
appropriate allocation split, consistent about 81,500 lb (37 mt)) of the
commercial fishery’s quota, which and 6 categorized as large businesses.
with the FMP. This process results in Black sea bass represented
the commercial and recreational ACLs, generally would have resulted in a
pound-for-pound payback against the approximately 2.58 percent of the
commercial quotas, and recreational average receipts of the small entities
harvest limits shown in Table 2. 2017 quota, preliminary 2016 catch data
indicate that the fishery had considered and 0.51 percent of the
Reconsideration of the 2017 approximately 209,400 lb (95 mt) of average receipts of the large entities
Accountability Measure for the unharvested quota. Had we known of considered over this time period.
Commercial Fishery the 2015 commercial quota overage and The ownership data for the for-hire
In our final rule announcing the implemented a pound-for-pound fleet indicate that there were 411 for-
revisions to the summer flounder reduction in 2016, we would not have hire affiliate firms generating revenues
specifications for 2017 and 2018, we exceeded the 2016 quota. As is from fishing recreationally for various
also announced an accountability consistent with how we handle summer species during the 2013–2015 period, all
measure (AM) applicable to the black flounder catch accounting, that payback of which are categorized as small
sea bass commercial fishery. This AM could have been accounted for in 2016 businesses. Although it is not possible
was an automatic pound-for-pound (i.e., total 2016 landings plus the 2015 to derive what proportion of the overall
payback, as required by the regulations, overage amount did not exceed the 2016 revenues came from specific fishing
which resulted from overages in 2015. commercial quota). As a result, this activities, given the popularity of black
During that fishing year, the commercial overage does not need to be applied to sea bass as a recreational species it is
fishery caught slightly more (3.8 the 2017 quota. likely that revenues generated from
As for AMs in the recreational fishery, black sea bass is important for some if
percent) than their commercial quota,
with the new benchmark stock not all of these firms.
which generally would have resulted in
assessment information, analysis
just a pound-for-pound payback from The proposed measure would
indicates that recreational harvest limits
their 2017 commercial quota. However, increase both the commercial quota and
during the last few years would have
2015 discard estimates were much the recreational harvest limit by over 50
been significantly higher (i.e.,
higher than originally projected, percent, resulting in positive economic
approximately double those
accounting for 44.4 percent of the total implemented) if they had been set using impacts on regulated entities. Because
commercial catch in 2015. As a result, the recent assessment model, and this rule will not have a significant
the regulations require that the total previous overages would likely not have economic impact on a substantial
overage (i.e., 849,000 lb (385 mt)) be occurred to the same degree, if at all. number of small entities, an initial
taken from a future year’s commercial Based on this new information, the regulatory flexibility analysis is not
ACL and the 2017 commercial quota Monitoring Committee determined that required and none has been prepared.
was reduced by approximately 30 no AMs are necessary for 2017 in the There are no new reporting or
percent (i.e., from 2.71 million lb (1,230 recreational fishery. recordkeeping requirements contained
mt) to 1.86 million lb (845 mt)). in any of the alternatives considered for
The new 2016 benchmark assessment Classification
this action.
has provided updated information on Pursuant to section 304(b)(1)(A) of the Authority: 16 U.S.C. 1801 et seq.
the condition of the stock, particularly Magnuson-Stevens Act, the Assistant
for 2015, the year when the overages Administrator has determined that this Dated: April 11, 2017.
occurred. If the current assessment had proposed rule is consistent with the Alan D. Risenhoover,
jstallworth on DSK7TPTVN1PROD with PROPOSALS
been available to set 2015 specifications, Summer Flounder, Scup, and Black Sea Acting Deputy Assistant Administrator for
analysis indicates the 2015 ABC would Bass FMP, other provisions of the Regulatory Programs, National Marine
have been more than double what was Magnuson-Stevens Act, and other Fisheries Service.
implemented and the 2015 ACL would applicable law, subject to further [FR Doc. 2017–07567 Filed 4–13–17; 8:45 am]
not have been exceeded. Higher 2015 consideration after public comment. BILLING CODE 3510–22–P
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Document Created: 2017-04-14 00:56:17
Document Modified: 2017-04-14 00:56:17
| 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 | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Comments must be received by 5 p.m. local time, on May 1, 2017. | |
| Contact | Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. | |
| FR Citation | 82 FR 17964 | |
| RIN Number | 0648-XF30 |
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