82 FR 24078 - Fisheries of the Northeastern United States; Black Sea Bass Fishery; Revised 2017 and Projected 2018 Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 100 (May 25, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 100 (May 25, 2017)
| Page Range | 24078-24079 | |
| FR Document | 2017-10693 |
[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)] [Rules and Regulations] [Pages 24078-24079] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10693] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170316276-7483-02] RIN 0648-XF300 Fisheries of the Northeastern United States; Black Sea Bass Fishery; Revised 2017 and Projected 2018 Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this rule, NMFS issues revised final 2017 and projected 2018 specifications, and removes a previously implemented commercial fishery accountability measure for the 2017 black sea bass fishery. These actions are necessary to comply with regulations implementing the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, and to ensure compliance with the Magnuson-Stevens Fishery Conservation and Management Act. The intended effect of this rule is to revise 2017 black sea bass catch limits to afford more opportunity to obtain optimum yield and to inform the public of projected changes to 2018 catch limits. DATES: Effective May 25, 2017, through January 1, 2018. ADDRESSES: Copies of the specifications document, including the Environmental Assessment (EA), 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. The specifications document is also accessible via the Internet at http://www.greateratlantic.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. SUPPLEMENTARY INFORMATION: Background Black sea bass are jointly managed by the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission as part of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). 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). On December 28, 2015, NMFS published a final rule implementing the Council's recommended 2016-2018 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 in late 2016/early 2017. As detailed in the proposed rule (82 FR 17964; April 14, 2017), the peer-reviewed 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 (the terminal year of the assessment) was estimated to be 2.3 times higher than the target and the fishing mortality rate was 25 percent below the overfishing threshold. Additional information on the assessment and the Council's recommendation are provided in the proposed rule and not repeated here. This final rule implements the Council's recommended black sea bass specifications for the 2017 fishing year and updates projected specifications for 2018. By providing projected specifications for 2018, NMFS hopes to assist fishery participants in planning ahead. This rule also removes the commercial fishery accountability measure (AM) previously implemented to the 2017 fishing year (81 FR 93842; December 22, 2016). Final 2018 specifications will be published in the Federal Register before the start of the 2018 fishing year (January 1, 2018) following the Council's review. NMFS will consider any needed changes to the 2017 recreational management measures (i.e., minimum fish size, per-angler possession limits, and fishing seasons) for black sea bass through a separate action before summer 2017. Revised 2017 and Projected 2018 Black Sea Bass Specifications This rule implements the revised 2017 and projected 2018 acceptable biological catch (ABC) and commercial and recreational catch limits (Table 1), as outlined in the proposed rule. The revised 2017 specifications represent a 53-percent increase from the previously implemented 2017 commercial quota, and a 52-percent increase in the 2017 recreational harvest limit. Table 1--Revised Black Sea Bass Specifications for 2017 and Projected Specifications for 2018 -------------------------------------------------------------------------------------------------------------------------------------------------------- Black sea bass specifications ----------------------------------------------------------------------------------------------- 2017 (Current) 2017 (Revised) 2018 (Projected) ----------------------------------------------------------------------------------------------- million lb mt million lb mt million 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 Estimated 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 Estimated 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 -------------------------------------------------------------------------------------------------------------------------------------------------------- * These commercial catch specifications were reduced by the AM implemented in December, 2016. The revised 2017 specifications rescind the AM reductions (see next section for details). [[Page 24079]] Removal of the 2017 Accountability Measure for the Commercial Fishery NMFS previously announced an AM applicable to the 2017 black sea bass commercial fishery in December 2016 (81 FR 93842). This AM was an automatic pound-for-pound payback of a 2015 fishing year ACL overage, resulting in a 30-percent quota reduction in 2017. If the new stock assessment had been available to set 2015 specifications, catch limits would have been considerably higher, and the 2015 ACL would not have been exceeded. Consistent with the rationale outlined in the proposed rule, we are not deducting the 2015 overage from these revised 2017 specifications. Comments and Responses On April 14, 2017, NMFS published the proposed revisions to the black sea bass specifications. NMFS received two comments on the proposed rule. Both commenters expressed support for the quota increases, noting the benefits for both the black sea bass and lobster industries. No changes to the proposed specifications were made as a result of these comments. Classification The Administrator, Greater Atlantic Region, NMFS, determined that these specifications are necessary for the conservation and management of the black sea bass fishery and that they are consistent with the Magnuson-Stevens Act and other applicable laws. The Acting Assistant Administrator for Fisheries, NOAA, finds good cause to waive the requirement for a 30-day delay in effectiveness period for this rule under 5 U.S.C. 553(d)(1) and (3), because a delay in its effectiveness would be unnecessary and contrary to the public interest. The delay would be unnecessary because this action imposes no new requirements or burdens on the public, therefore, the public need not take any steps to comply with this rule. The delay would be contrary to the public interest because this action provides economic benefits to fishery participants by substantially increasing both commercial and recreational catch limits, without resulting in overfishing. Failure to make this final rule effective immediately will undermine the intent of the rule, which is to promote the optimal utilization and conservation of the black sea bass resource. Furthermore, the revised 2017 specifications remove an accountability measure from the commercial fishery that had further restricted catch, so their timely implementation also relieves an additional constraint upon fishing opportunity. These changes would have been incorporated into the initial 2017 black sea bass specifications published in December 2016 (81 FR 93842), but final data from the peer-reviewed benchmark stock assessment was not released by the Northeast Fisheries Science Center until January 2017, and could not be reviewed by the Council and Commission until February 2017. Many states adjust their own quota management strategies to avoid overages in the commercial black sea bass fishery each year. If the 30- day delay of effectiveness is not waived, unnecessarily restrictive state measures will remain in effect longer and put commercial vessels at a disadvantage. It is important to implement these changes as quickly as possible to prevent loss of potential catch and economic opportunity. If this final rule were delayed for 30 days, the fishery would forego some amount of landings and revenues during the delay period. For these reasons, a 30-day delay in effectiveness would be contrary to the public interest as this rule relieves quota-related restrictions. As a result, NMFS is waiving the requirement. This final 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 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, and the initial certification remains unchanged. As a result, a final regulatory flexibility analysis is not required and none has been prepared. Authority: 16 U.S.C. 1801 et seq. Dated: May 19, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-10693 Filed 5-24-17; 8:45 am] BILLING CODE 3510-22-P
![24078 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations
Dated: May 17, 2017. public of projected changes to 2018 Hatteras is not overfished and
Michael M. Grimm, catch limits. overfishing is not occurring. The
Assistant Administrator for Mitigation, DATES: Effective May 25, 2017, through spawning stock biomass in 2015 (the
Federal Insurance and Mitigation January 1, 2018. terminal year of the assessment) was
Administration, Department of Homeland ADDRESSES: Copies of the specifications estimated to be 2.3 times higher than the
Security, Federal Emergency Management target and the fishing mortality rate was
document, including the Environmental
Agency. 25 percent below the overfishing
Assessment (EA), are available on
[FR Doc. 2017–10697 Filed 5–24–17; 8:45 am] threshold. Additional information on
request from Dr. Christopher M. Moore,
BILLING CODE 9110–12–P Executive Director, Mid-Atlantic the assessment and the Council’s
Fishery Management Council, Suite 201, recommendation are provided in the
800 North State Street, Dover, DE 19901. proposed rule and not repeated here.
DEPARTMENT OF COMMERCE The specifications document is also This final rule implements the Council’s
accessible via the Internet at http:// recommended black sea bass
National Oceanic and Atmospheric www.greateratlantic.fisheries.noaa.gov. specifications for the 2017 fishing year
Administration and updates projected specifications for
FOR FURTHER INFORMATION CONTACT:
Cynthia Hanson, Fishery Management 2018. By providing projected
50 CFR Part 648 Specialist, (978) 281–9180. specifications for 2018, NMFS hopes to
assist fishery participants in planning
SUPPLEMENTARY INFORMATION:
[Docket No. 170316276–7483–02] ahead. This rule also removes the
Background commercial fishery accountability
RIN 0648–XF300 measure (AM) previously implemented
Black sea bass are jointly managed by
the Mid-Atlantic Fishery Management to the 2017 fishing year (81 FR 93842;
Fisheries of the Northeastern United
Council and the Atlantic States Marine December 22, 2016). Final 2018
States; Black Sea Bass Fishery;
Fisheries Commission as part of the specifications will be published in the
Revised 2017 and Projected 2018
Summer Flounder, Scup, and Black Sea Federal Register before the start of the
Specifications
Bass Fishery Management Plan (FMP). 2018 fishing year (January 1, 2018)
AGENCY: National Marine Fisheries Specifications in these fisheries include following the Council’s review.
Service (NMFS), National Oceanic and various catch and landing subdivisions, NMFS will consider any needed
Atmospheric Administration (NOAA), such as the commercial and recreational changes to the 2017 recreational
Commerce. sector annual catch limits (ACLs), management measures (i.e., minimum
ACTION: Final rule. annual catch targets (ACTs), and sector- fish size, per-angler possession limits,
specific landing limits (i.e., the and fishing seasons) for black sea bass
SUMMARY: In this rule, NMFS issues commercial fishery quota and through a separate action before summer
revised final 2017 and projected 2018 recreational harvest limit). 2017.
specifications, and removes a previously On December 28, 2015, NMFS Revised 2017 and Projected 2018 Black
implemented commercial fishery published a final rule implementing the Sea Bass Specifications
accountability measure for the 2017 Council’s recommended 2016–2018
black sea bass fishery. These actions are specifications for the black sea bass This rule implements the revised
necessary to comply with regulations fishery (80 FR 80689). The Council 2017 and projected 2018 acceptable
implementing the Summer Flounder, intended to reconsider the biological catch (ABC) and commercial
Scup, and Black Sea Bass Fishery specifications set for fishing year 2017 and recreational catch limits (Table 1),
Management Plan, and to ensure following completion of the next black as outlined in the proposed rule.
compliance with the Magnuson-Stevens sea bass benchmark assessment in late The revised 2017 specifications
Fishery Conservation and Management 2016/early 2017. represent a 53-percent increase from the
Act. The intended effect of this rule is As detailed in the proposed rule (82 previously implemented 2017
to revise 2017 black sea bass catch FR 17964; April 14, 2017), the peer- commercial quota, and a 52-percent
limits to afford more opportunity to reviewed assessment indicates that the increase in the 2017 recreational harvest
obtain optimum yield and to inform the black sea bass stock north of Cape limit.
TABLE 1—REVISED BLACK SEA BASS SPECIFICATIONS FOR 2017 AND PROJECTED SPECIFICATIONS FOR 2018
Black sea bass specifications
2017 (Current) 2017 (Revised) 2018 (Projected)
million lb mt million lb mt million 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
Estimated 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
Estimated 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
* These commercial catch specifications were reduced by the AM implemented in December, 2016. The revised 2017 specifications rescind the
AM reductions (see next section for details).
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![Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Rules and Regulations 24079
Removal of the 2017 Accountability rule under 5 U.S.C. 553(d)(1) and (3), commercial vessels at a disadvantage. It
Measure for the Commercial Fishery because a delay in its effectiveness is important to implement these changes
NMFS previously announced an AM would be unnecessary and contrary to as quickly as possible to prevent loss of
applicable to the 2017 black sea bass the public interest. The delay would be potential catch and economic
commercial fishery in December 2016 unnecessary because this action opportunity.
(81 FR 93842). This AM was an imposes no new requirements or If this final rule were delayed for 30
automatic pound-for-pound payback of burdens on the public, therefore, the days, the fishery would forego some
a 2015 fishing year ACL overage, public need not take any steps to amount of landings and revenues during
resulting in a 30-percent quota comply with this rule. The delay would the delay period. For these reasons, a
reduction in 2017. If the new stock be contrary to the public interest 30-day delay in effectiveness would be
assessment had been available to set because this action provides economic contrary to the public interest as this
2015 specifications, catch limits would benefits to fishery participants by rule relieves quota-related restrictions.
have been considerably higher, and the substantially increasing both As a result, NMFS is waiving the
2015 ACL would not have been commercial and recreational catch requirement.
exceeded. Consistent with the rationale limits, without resulting in overfishing. This final rule is exempt from the
outlined in the proposed rule, we are Failure to make this final rule effective procedures of E.O. 12866 because this
not deducting the 2015 overage from immediately will undermine the intent action contains no implementing
these revised 2017 specifications. of the rule, which is to promote the regulations.
optimal utilization and conservation of The Chief Counsel for Regulation of
Comments and Responses the black sea bass resource. the Department of Commerce certified
On April 14, 2017, NMFS published Furthermore, the revised 2017 to the Chief Counsel for Advocacy of the
the proposed revisions to the black sea specifications remove an accountability Small Business Administration during
bass specifications. NMFS received two measure from the commercial fishery the proposed rule stage that this action
comments on the proposed rule. Both that had further restricted catch, so their would not have a significant economic
commenters expressed support for the timely implementation also relieves an impact on a substantial number of small
quota increases, noting the benefits for additional constraint upon fishing entities. The factual basis for the
both the black sea bass and lobster opportunity. These changes would have certification was published in the
industries. No changes to the proposed been incorporated into the initial 2017 proposed rule and is not repeated here.
specifications were made as a result of black sea bass specifications published No comments were received regarding
these comments. in December 2016 (81 FR 93842), but this certification, and the initial
final data from the peer-reviewed certification remains unchanged. As a
Classification benchmark stock assessment was not result, a final regulatory flexibility
The Administrator, Greater Atlantic released by the Northeast Fisheries analysis is not required and none has
Region, NMFS, determined that these Science Center until January 2017, and been prepared.
specifications are necessary for the could not be reviewed by the Council
Authority: 16 U.S.C. 1801 et seq.
conservation and management of the and Commission until February 2017.
black sea bass fishery and that they are Many states adjust their own quota Dated: May 19, 2017.
consistent with the Magnuson-Stevens management strategies to avoid overages Alan D. Risenhoover,
Act and other applicable laws. in the commercial black sea bass fishery Acting Deputy Assistant Administrator for
The Acting Assistant Administrator each year. If the 30-day delay of Regulatory Programs, National Marine
for Fisheries, NOAA, finds good cause effectiveness is not waived, Fisheries Service.
to waive the requirement for a 30-day unnecessarily restrictive state measures [FR Doc. 2017–10693 Filed 5–24–17; 8:45 am]
delay in effectiveness period for this will remain in effect longer and put BILLING CODE 3510–22–P
VerDate Sep<11>2014 15:57 May 24, 2017 Jkt 241001 PO 00000 Frm 00081 Fmt 4700 Sfmt 9990 E:\FR\FM\25MYR1.SGM 25MYR1](https://thefederalregister.org/doc/82_FR_24178/page/2.svg)
Document Created: 2018-11-08 08:53:15
Document Modified: 2018-11-08 08:53:15
| 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 May 25, 2017, through January 1, 2018. | |
| Contact | Cynthia Hanson, Fishery Management Specialist, (978) 281-9180. | |
| FR Citation | 82 FR 24078 | |
| RIN Number | 0648-XF30 |
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