82 FR 31491 - Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder and Scup Fisheries; Fishing Year 2017
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 129 (July 7, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 129 (July 7, 2017)
| Page Range | 31491-31494 | |
| FR Document | 2017-14280 |
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)] [Rules and Regulations] [Pages 31491-31494] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14280] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170314268-7582-0] RIN 0648-BG68 Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder and Scup Fisheries; Fishing Year 2017 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this rule, NMFS implements management measures for the 2017 summer flounder and scup recreational fisheries. 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 and scup resources. DATES: This rule is effective July 7, 2017. The management measures for the 2017 summer flounder and scup recreational fisheries are effective July 7, 2017, through December 31, 2017. 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. The Final Regulatory Flexibility Analysis (FRFA) consists of the IRFA, public comments and responses contained in this final rule, and the summary of impacts and alternatives contained in this final rule. Copies of the small entity compliance guide are available from John K. Bullard, Regional Administrator, Greater Atlantic Region, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930-2298. FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. SUPPLEMENTARY INFORMATION: Summary of Final Management Measures In this rule, NMFS specifies management measures for the 2017 summer flounder and scup recreational fisheries consistent with the recommendations of the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission. NMFS is implementing measures that apply in the Federal waters of the exclusive economic zone. These measures apply to all federally- permitted party/charter vessels with applicable summer flounder and scup 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 2017 recreational harvest limits for scup published on December 28, 2015 (80 FR 80689), and for summer flounder published on December 22, 2016 (81 FR 93842). Summer Flounder Recreational Management Measures NMFS is implementing conservation equivalency to manage the 2017 summer flounder recreational fishery, as proposed on April 19, 2017 (82 FR 18411). These measures are consistent with the recommendation of the Council and Commission. Additional information on the development of the 2017 measures is provided in the proposed rule and not repeated here. [[Page 31492]] Conservation equivalency, as established by Framework Adjustment 2 (July 29, 2001; 66 FR 36208), allows each state to establish its own recreational management measures (possession limits, minimum fish size, and fishing seasons) to achieve its state harvest limit established 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 differences in regulations for anglers fishing in adjacent waters. The Commission implemented Addendum XXVIII to its Summer Flounder Fishery Management Plan (FMP) to continue regional conservation equivalency for fishing year 2017. The Commission has adopted the following regions, which are consistent with the 2016 regions: (1) Massachusetts; (2) Rhode Island; (3) Connecticut and New York; (4) New Jersey; (5) Delaware, Maryland, and Virginia; and (6) North Carolina. To provide the maximum amount of flexibility and to 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. Addendum XXVIII requires each state or region, with the exception of North Carolina, to increase the 2017 summer flounder minimum size by 1 inch (2.5 cm) from the 2016 size limit. The 2017 measures also reduce the bag limit for most of the states and regions, while the season length remains the same as in 2016. More information on this addendum is available from the Commission (www.asmfc.org). The Commission certified, by letter dated April 5, 2017, that the Addendum XXVIII measures required to be implemented by individual states and regions, when combined, are the conservation equivalent of coastwide measures that would be expected to result in the 2017 recreational harvest limit being achieved, but not exceeded. Following this determination, New Jersey proposed and subsequently implemented on May 25, 2017, alternative measures for its state waters (i.e., 18-inch (45.7-cm) fish size, 3-fish bag limit, and a 104-day season). The Summer Flounder Management Board requested these measures be reviewed by the Commission's Technical Committee when they were proposed. The Technical Committee found New Jersey's measures are not the conservation equivalent of Addendum XXVIII measures. Using the Technical Committee's information, the Management Board found that New Jersey's measures were not conservationally equivalent to Addendum XXVIII and recommended New Jersey be found out of compliance with the Commission's FMP. The Commission's Interstate Fisheries Management Policy Board and Commission as a whole met on June 1, 2017, to consider the Management Board's non-compliance recommendation for the state of New Jersey. Both the Policy Board and the Commission found New Jersey out of compliance with the Commission's FMP for summer flounder. The Commission has referred the matter to NMFS under delegation of authority from the Secretary of Commerce, for federal non-compliance review under the provisions of the Atlantic Coastal Fisheries Cooperative Management Act. NMFS will review the Commission's non- compliance referral through a separate process. Based on the April 5, 2017, recommendation of the Commission, we find that the recreational summer flounder fishing measures required to be implemented for 2017 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. As mentioned above, New Jersey has not implemented Addendum XXVIII's required measures. NMFS' review and findings regarding the non-compliance recommendation for New Jersey will begin with publishing a notice in the Federal Register. In addition, this action implements default coastwide measures (a 19-inch (48.3-cm) minimum size, 4-fish possession limit, and June 1 through September 15 open fishing season), that become effective January 1, 2018, when the 2017 conservation equivalency program expires. These measures will remain effective until replaced by the 2018 recreational management measures in the spring of next year. Scup Recreational Management Measures This rule maintains status quo scup measures for the 2017 fishery: A 9-inch (22.9-cm) minimum fish size, 50-fish per person possession limit, and year-round season. Comments and Responses On April 19, 2017, NMFS published the proposed 2017 summer flounder and scup recreational management measures for public notice and comments. NMFS received 17 comments, of which 14 were related to measures provided in the proposed rule. New Jersey submitted a comment letter focused on their dissatisfaction with the specific measures outlined in Addendum XXVIII. New Jersey's concerns will be considered through the non-compliance proceedings and are not responded to in this action. Other comments received related to preferences for lower quotas for summer flounder and scup, as well as opinions that the Council favors the commercial industry. No changes to the proposed specifications were made as a result of these comments. Comment 1: One commenter from the State of Rhode Island stated that the measures contained within Addendum XXVIII were not restrictive enough to constrain catch within the 2017 summer flounder harvest limit. The commenter noted concern that more restrictive measures proposed by the State of Rhode Island were rejected by the Commission's Management Board. Response: The Commission and its Technical Committee has expertise in determining whether or not state-implemented measures are conservationally equivalent to those measures recommended by the Council. The Commission has determined that the addendum's measures achieve conservation equivalency and are likely to constrain catch within the 2017 recreational harvest limit. Comment 2: Eleven commenters raised concerns about state-specific summer flounder regulations which are outside the scope of this action, each specifically requesting that the State of Delaware not be penalized for anything that results from New Jersey's public opposition to the Commission's Addendum. Response: As previously mentioned, the non-compliance determination process for New Jersey will happen outside of this action. Delaware has implemented measures outlined in the Commission's Addendum XXVIII. No further action is required by the State of Delaware for 2017. [[Page 31493]] Comment 3: One commenter was concerned about the summer flounder precautionary default season, stating that he would prefer the season to begin in May, rather than July. Response: Because the Commission did not request that the precautionary default measures be applied to any state, these measures are not applicable for 2017. Instead, this rule implements the Commission and Council recommended measures, as previously proposed, for conservation equivalency in 2017. The coastwide default measures will be effective to the start of the 2018 fishing year. Classification The Administrator, Greater Atlantic Region, NMFS, determined that this final rule is necessary for the conservation and management of the summer flounder fishery and that it is consistent with the Magnuson- Stevens Fisheries Conservation and Management Act (Magnuson-Stevens Act) and other applicable laws. The Assistant Administrator for Fisheries, NOAA, finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness period for this rule, to ensure that the final management measures are in place as soon as possible. A delay in this rule's effectiveness would unfairly prejudice federally permitted charter/party vessels. Recreational fisheries are already underway for summer flounder and scup. The linchpin of NMFS's decision whether to proceed with the coastwide measures or adopt the conservation equivalent measures is advice from the Commission following review of the individual state plans. Rulemaking has been delayed while final information regarding the status of New Jersey through the Commission's conservation equivalency process has been evaluated. The Commission's Summer Flounder Management Board met on June 1, 2017, to discuss whether or not to find New Jersey out of compliance with Addendum XXVIII. NMFS did not want to cause public confusion by releasing a final rule prior to the Commission's final determination on New Jersey's summer flounder management measures. Based on historic effort and landings information, and the importance of summer flounder as a recreational fishery target species, participation and landings are expected to be high from the onset of the fishery that is already underway. Party and charter vessels from the various states are the largest component of the recreational fishery that fish in the EEZ. The Federal coastwide regulatory measures for summer flounder that were codified last year remain in effect until the 2017 recreational measures are made effective. These measures do not achieve the necessary reduction in recreational landings to constrain the fishery to the 2017 recreational harvest limit. Although the states' summer flounder fisheries are already open, additional delay in implementing the measures of this rule will increase confusion on what measures are in place in Federal waters. This will disadvantage Federally permitted charter/party vessels and increase the likelihood of illegal landings due to misunderstood regulations. The resulting disconnect in the regulations that exist until this rule's measures are implemented may potentially compromise the mortality objectives of the summer flounder fishery. 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. A FRFA was prepared pursuant to 5 U.S.C. 604(a), and incorporates the IRFA, a summary of any significant issues raised by the public comments in response to the IRFA and NMFS's responses to those comments, and a summary of the analyses completed to support the action. A copy of the SIR/IRFA is available from the Council (see ADDRESSES). The classification to the proposed rule included a detailed summary of the analyses contained in the IRFA, and that discussion is not repeated here. Final Regulatory Flexibility Analysis A Summary of Significant Issues Raised by the Public in Response to the Summary of the Agency's Assessment of Such Issues, and a Statement of Any Changes Made in the Final Rule as a Result Our responses to all of the comments received on the proposed rule, including those that raised significant issues with the proposed action, can be found in the Comments and Responses section of this rule. Aside from the comment from the State of New Jersey that will be considered through a separate process, none of the comments received raised specific issues regarding the economic analyses summarized in the IRFA. No changes to the proposed rule were required to be made as a result of public comments. Description and Estimate of Number of Small Entities to Which the Rule Will Apply Available 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 summer flounder and scup as a recreational species, it is likely that revenues generated from summer flounder and scup recreational fishing are important for some, if not all, of these firms. The three-year average (2013-2015) gross receipts for these small entities ranged from $10,000 for 121 entities to over $1 million for 10 entities (highest value was $2.7 million). Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements No additional reporting, recordkeeping, or other compliance requirements are included in this final rule. Description of the Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities Consistent With the Stated Objectives of Applicable Statutes In seeking to minimize the impact of recreational management measures (minimum fish size, possession limit, and fishing season) on small entities (i.e., Federal party/charter permit holders), NMFS is constrained to implementing measures that meet the conservation objectives of the FMP and Magnuson-Stevens Act requirements. The only other summer flounder management measure alternative considered was the less restrictive status quo alternative (i.e., the non-preferred coastwide 2016 measures). State-specific implications of the no-action (coastwide) alternative of an 18-inch (45.7-cm) minimum fish size, a 4- fish bag limit, and closed season of May 1 through September 30, would not achieve the mortality objectives required by the FMP, and, therefore, [[Page 31494]] cannot be continued for the 2017 fishing season. The conservation equivalency approach implemented by this action allows states some degree of flexibility in the specification of management measures, unlike the application of one set of uniform coastwide measures. The degree of flexibility available to states under conservation equivalency is constrained to a combined suite of minimum fish size, per angler possession limit, and fishing season that will likely constrain catch to the 2017 recreational harvest limit. This provides the opportunity for states to construct measures that achieve the conservation objective while providing a state-specific set of measures in lieu of the one-size-fits-all coastwide measure. Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as ``small entity compliance guides.'' The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a small entity compliance guide will be sent to all holders of Federal party/charter permits issued for the summer flounder and scup fisheries. In addition, copies of this final rule and guide (i.e., permit holder letter) are available from NMFS (see ADDRESSES) and at the following Web site: http://www.greateratlantic.fisheries.noaa.gov. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: July 3, 2017. Chris Oliver, Assistant Administrator for Fisheries, National Marine Fisheries Services. 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. 648.104, paragraph (b) is revised to read as follows: Sec. 648.104 Summer flounder minimum fish sizes. * * * * * (b) Party/charter permitted vessels and recreational fishery participants. Unless otherwise specified pursuant to Sec. 648.107, the minimum size for summer flounder is 19 inches (48.3 cm) TL for all vessels that do not qualify for a moratorium permit under Sec. 648.4(a)(3), and charter boats holding a moratorium permit if fishing with more than three crew members, or party boats holding a moratorium permit if fishing with passengers for hire or carrying more than five crew members. * * * * * 0 3. Section 648.105 is revised to read as follows: Sec. 648.105 Summer flounder recreational fishing season. Unless otherwise specified pursuant to Sec. 648.107, vessels that are not eligible for a moratorium permit under Sec. 648.4(a)(3), and fishermen subject to the possession limit, may fish for summer flounder from June 1 through September 15. This time period may be adjusted pursuant to the procedures in Sec. 648.102. 0 4. In Sec. 648.106, paragraph (a) is revised to read as follows: Sec. 648.106 Summer flounder possession restrictions. (a) Party/charter and recreational possession limits. Unless otherwise specified pursuant to Sec. 648.107, no person shall possess more than four summer flounder in, or harvested from, the EEZ, per trip unless that person is the owner or operator of a fishing vessel issued a summer flounder moratorium permit, or is issued a summer flounder dealer permit. Persons aboard a commercial vessel that is not eligible for a summer flounder moratorium permit are subject to this possession limit. The owner, operator, and crew of a charter or party boat issued a summer flounder moratorium permit are subject to the possession limit when carrying passengers for hire or when carrying more than five crew members for a party boat, or more than three crew members for a charter boat. This possession limit may be adjusted pursuant to the procedures in Sec. 648.102. * * * * * 0 5. In Sec. 648.107, introductory text to paragraph (a) and paragraph (b) are 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 2017 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. * * * * * (b) Federally permitted vessels subject to the recreational fishing measures of this part, and other recreational fishing vessels registered in states and subject to the recreational fishing measures of this part, whose fishery management measures are not determined by the Regional Administrator to be the conservation equivalent of the season, minimum size and possession limit prescribed in Sec. Sec. 648.102, 648.103(b), and 648.105(a), respectively, due to the lack of, or the reversal of, a conservation equivalent recommendation from the Summer Flounder Board of the Atlantic States Marine Fisheries Commission shall be subject to the following precautionary default measures: Season--July 1 through August 31; minimum size--20 inches (50.8 cm); and possession limit--two fish. [FR Doc. 2017-14280 Filed 7-6-17; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations 31491
After these specified closures, on unnecessary and contrary to the public ADDRESSES: Copies of the Supplemental
October 1, 2017, these applicable interest. Such procedures are Information Report (SIR) and other
species and species groups will reopen unnecessary because the rules supporting documents for the
through December 31, 2017, the end of implementing the ACLs and AMs for recreational harvest measures are
the current fishing year. these species and species groups have available from Dr. Christopher M.
During the Puerto Rico commercial been subject to notice and comment, Moore, Executive Director, Mid-Atlantic
sector closures announced in this and all that remains is to notify the Fishery Management Council, Suite 201,
temporary rule for the species above, public that the ACLs were exceeded and 800 N. State Street, Dover, DE 19901.
except for spiny lobster, which is that the AMs are being implemented for The recreational harvest measures
described below, the commercial the 2017 fishing year. Prior notice and document is also accessible via the
harvest of the indicated species or opportunity for public comment on this Internet at: http://
species groups is prohibited. All harvest action would be contrary to the public www.greateratlantic.fisheries.noaa.gov.
or possession of the indicated species or interest because many of those affected The Final Regulatory Flexibility
species groups in or from the Puerto by the length of the commercial and Analysis (FRFA) consists of the IRFA,
Rico management area is limited to the recreational fishing seasons, including public comments and responses
recreational bag and possession limits commercial operations, and charter contained in this final rule, and the
specified in § 622.437, unless the vessel and headboat operations that summary of impacts and alternatives
recreational sector for the species or book trips for clients in advance, need contained in this final rule. Copies of
species group is closed, and the sale or advance notice to adjust their business the small entity compliance guide are
purchase of the indicated species or plans to account for the reduced available from John K. Bullard, Regional
species group in or from the Puerto Rico commercial and recreational fishing Administrator, Greater Atlantic Region,
management area is prohibited. seasons. National Marine Fisheries Service, 55
During the Puerto Rico recreational Great Republic Drive, Gloucester, MA
Authority: 16 U.S.C. 1801 et seq.
sector closures announced in this 01930–2298.
temporary rule for the species above, Dated: July 3, 2017.
FOR FURTHER INFORMATION CONTACT:
except for spiny lobster, which is Jennifer M. Wallace,
Emily Gilbert, Fishery Policy Analyst,
described below, all recreational harvest Acting Director, Office of Sustainable (978) 281–9244.
of the indicated species groups is Fisheries, National Marine Fisheries Service.
prohibited, and the recreational bag and SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–14293 Filed 7–6–17; 8:45 am]
possession limits for the indicated BILLING CODE 3510–22–P Summary of Final Management
species groups in or from the Puerto Measures
Rico management area are zero.
During the Puerto Rico spiny lobster DEPARTMENT OF COMMERCE In this rule, NMFS specifies
closure announced in this temporary management measures for the 2017
rule, both the commercial and National Oceanic and Atmospheric summer flounder and scup recreational
recreational sectors for spiny lobster are Administration fisheries consistent with the
closed. The harvest, possession, recommendations of the Mid-Atlantic
purchase, or sale of spiny lobster in or 50 CFR Part 648 Fishery Management Council and the
from the Puerto Rico management area Atlantic States Marine Fisheries
[Docket No. 170314268–7582–0] Commission.
is prohibited. The bag and possession
limits for spiny lobster in or from the RIN 0648–BG68 NMFS is implementing measures that
Puerto Rico management area are zero. apply in the Federal waters of the
Fisheries of the Northeastern United exclusive economic zone. These
Classification States; Recreational Management measures apply to all federally-
The Regional Administrator for the Measures for the Summer Flounder permitted party/charter vessels with
NMFS Southeast Region has determined and Scup Fisheries; Fishing Year 2017 applicable summer flounder and scup
this temporary rule is necessary for the permits, regardless of where they fish,
conservation and management of the AGENCY: National Marine Fisheries unless the state in which they land
species and species groups included in Service (NMFS), National Oceanic and implements measures that are more
this temporary rule, in the Puerto Rico Atmospheric Administration (NOAA), restrictive. These measures are intended
management area, and is consistent with Commerce. to achieve, but not exceed, the
the Magnuson-Stevens Act and other ACTION: Final rule. previously established 2017 recreational
applicable laws. harvest limits for scup published on
This action is taken under 50 CFR SUMMARY: In this rule, NMFS December 28, 2015 (80 FR 80689), and
622.12(a) and is exempt from review implements management measures for for summer flounder published on
under Executive Order 12866. the 2017 summer flounder and scup December 22, 2016 (81 FR 93842).
These measures are exempt from the recreational fisheries. The implementing
regulations for these fisheries require Summer Flounder Recreational
procedures of the Regulatory Flexibility
NMFS to publish recreational measures Management Measures
Act because the temporary rule is issued
without opportunity for prior notice and for the fishing year. The intent of these NMFS is implementing conservation
comment. measures is to constrain recreational equivalency to manage the 2017
asabaliauskas on DSKBBXCHB2PROD with RULES
This action responds to the best catch to established limits and prevent summer flounder recreational fishery, as
scientific information available. The AA overfishing of the summer flounder and proposed on April 19, 2017 (82 FR
finds good cause to waive the scup resources. 18411). These measures are consistent
requirements to provide prior notice DATES: This rule is effective July 7, with the recommendation of the Council
and opportunity for public comment 2017. The management measures for the and Commission. Additional
pursuant to the authority set forth at 5 2017 summer flounder and scup information on the development of the
U.S.C. 553(b)(B) as such prior notice recreational fisheries are effective July 7, 2017 measures is provided in the
and opportunity for public comment is 2017, through December 31, 2017. proposed rule and not repeated here.
VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1](https://thefederalregister.org/doc/82_FR_31620/page/1.svg)
![31494 Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
cannot be continued for the 2017 fishing § 648.104 Summer flounder minimum fish by the states of Maine through North
season. sizes. Carolina for 2017 are the conservation
The conservation equivalency * * * * * equivalent of the season, minimum size,
approach implemented by this action (b) Party/charter permitted vessels and possession limit prescribed in
allows states some degree of flexibility and recreational fishery participants. §§ 648.102, 648.103, and 648.105(a),
Unless otherwise specified pursuant to respectively. This determination is
in the specification of management
§ 648.107, the minimum size for based on a recommendation from the
measures, unlike the application of one
summer flounder is 19 inches (48.3 cm) Summer Flounder Board of the Atlantic
set of uniform coastwide measures. The
TL for all vessels that do not qualify for States Marine Fisheries Commission.
degree of flexibility available to states
a moratorium permit under * * * * *
under conservation equivalency is
§ 648.4(a)(3), and charter boats holding (b) Federally permitted vessels subject
constrained to a combined suite of
a moratorium permit if fishing with to the recreational fishing measures of
minimum fish size, per angler
more than three crew members, or party this part, and other recreational fishing
possession limit, and fishing season that
boats holding a moratorium permit if vessels registered in states and subject
will likely constrain catch to the 2017
fishing with passengers for hire or to the recreational fishing measures of
recreational harvest limit. This provides
carrying more than five crew members. this part, whose fishery management
the opportunity for states to construct
measures that achieve the conservation * * * * * measures are not determined by the
objective while providing a state- ■ 3. Section 648.105 is revised to read Regional Administrator to be the
specific set of measures in lieu of the as follows: conservation equivalent of the season,
one-size-fits-all coastwide measure. § 648.105 Summer flounder recreational
minimum size and possession limit
fishing season. prescribed in §§ 648.102, 648.103(b),
Small Entity Compliance Guide and 648.105(a), respectively, due to the
Unless otherwise specified pursuant
Section 212 of the Small Business to § 648.107, vessels that are not eligible lack of, or the reversal of, a conservation
Regulatory Enforcement Fairness Act of for a moratorium permit under equivalent recommendation from the
1996 states that, for each rule or group § 648.4(a)(3), and fishermen subject to Summer Flounder Board of the Atlantic
of related rules for which an agency is the possession limit, may fish for States Marine Fisheries Commission
required to prepare a FRFA, the agency summer flounder from June 1 through shall be subject to the following
shall publish one or more guides to September 15. This time period may be precautionary default measures:
assist small entities in complying with adjusted pursuant to the procedures in Season—July 1 through August 31;
the rule, and shall designate such § 648.102. minimum size—20 inches (50.8 cm);
publications as ‘‘small entity and possession limit—two fish.
■ 4. In § 648.106, paragraph (a) is
compliance guides.’’ The agency shall revised to read as follows: [FR Doc. 2017–14280 Filed 7–6–17; 8:45 am]
explain the actions a small entity is BILLING CODE 3510–22–P
required to take to comply with a rule § 648.106 Summer flounder possession
or group of rules. restrictions.
(a) Party/charter and recreational DEPARTMENT OF COMMERCE
As part of this rulemaking process, a possession limits. Unless otherwise
small entity compliance guide will be specified pursuant to § 648.107, no National Oceanic and Atmospheric
sent to all holders of Federal party/ person shall possess more than four Administration
charter permits issued for the summer summer flounder in, or harvested from,
flounder and scup fisheries. In addition, the EEZ, per trip unless that person is 50 CFR Part 660
copies of this final rule and guide (i.e., the owner or operator of a fishing vessel
permit holder letter) are available from issued a summer flounder moratorium [Docket No. 160808696–7010–02]
NMFS (see ADDRESSES) and at the permit, or is issued a summer flounder
following Web site: http:// dealer permit. Persons aboard a RIN 0648–BG95
www.greateratlantic.fisheries.noaa.gov. commercial vessel that is not eligible for Magnuson-Stevens Act Provisions;
List of Subjects in 50 CFR Part 648 a summer flounder moratorium permit Fisheries Off West Coast States;
are subject to this possession limit. The Pacific Coast Groundfish Fishery;
Fisheries, Fishing, Reporting and owner, operator, and crew of a charter
recordkeeping requirements. 2017–2018 Biennial Specifications and
or party boat issued a summer flounder Management Measures; Inseason
Dated: July 3, 2017. moratorium permit are subject to the Adjustments
Chris Oliver, possession limit when carrying
Assistant Administrator for Fisheries, passengers for hire or when carrying AGENCY: National Marine Fisheries
National Marine Fisheries Services. more than five crew members for a party Service (NMFS), National Oceanic and
boat, or more than three crew members Atmospheric Administration (NOAA),
For the reasons set out in the for a charter boat. This possession limit Commerce.
preamble, 50 CFR part 648 is amended may be adjusted pursuant to the ACTION: Final rule; inseason adjustments
as follows: procedures in § 648.102. to biennial groundfish management
* * * * * measures.
PART 648—FISHERIES OF THE
■ 5. In § 648.107, introductory text to
asabaliauskas on DSKBBXCHB2PROD with RULES
NORTHEASTERN UNITED STATES SUMMARY: This final rule announces
paragraph (a) and paragraph (b) are
revised to read as follows: inseason changes to management
■ 1. The authority citation for part 648 measures in the Pacific Coast groundfish
continues to read as follows: § 648.107 Conservation equivalent fisheries. This action, which is
measures for the summer flounder fishery. authorized by the Pacific Coast
Authority: 16 U.S.C. 1801 et seq.
(a) The Regional Administrator has Groundfish Fishery Management Plan
■ 2. In § 648.104, paragraph (b) is determined that the recreational fishing (PCGFMP), is intended to allow
revised to read as follows: measures proposed to be implemented fisheries to access more abundant
VerDate Sep<11>2014 17:43 Jul 06, 2017 Jkt 241001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1](https://thefederalregister.org/doc/82_FR_31620/page/4.svg)
Document Created: 2017-07-07 02:19:30
Document Modified: 2017-07-07 02:19:30
| 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 | This rule is effective July 7, 2017. The management measures for the 2017 summer flounder and scup recreational fisheries are effective July 7, 2017, through December 31, 2017. | |
| Contact | Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. | |
| FR Citation | 82 FR 31491 | |
| RIN Number | 0648-BG68 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR