83 FR 24945 - Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2018
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 105 (May 31, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 105 (May 31, 2018)
| Page Range | 24945-24947 | |
| FR Document | 2018-11606 |
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)] [Rules and Regulations] [Pages 24945-24947] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11606] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 180220193-8488-02] RIN 0648-BH79 Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2018 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: NMFS announces management measures for the 2018 summer flounder, scup, and black sea bass 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 summer flounder, scup, and black sea bass. DATES: This rule is effective May 31, 2018. ADDRESSES: Copies of the Environmental Assessment (EA) 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.mafmc.org/s/2018-sf-bsb-rec-measures-EA.pdf. FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. SUPPLEMENTARY INFORMATION: Summary of Management Measures In this rule, NMFS specifies management measures for the 2018 summer flounder, scup, and black sea bass recreational fisheries consistent with the recommendations of the Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission). NMFS is establishing measures that would apply in the Federal waters of the exclusive economic zone (EEZ). Additionally, these measures apply to all Federally permitted party/ charter vessels with applicable summer flounder, scup, and black sea bass permits, regardless of where they fish, unless the state in which they land implements measures that are more restrictive. These measures are intended to achieve, but not exceed, the previously established 2018 recreational harvest limits established in a final rule published on December 22, 2017 (82 FR 60682). 2018 Summer Flounder Recreational Management Measures NMFS is implementing conservation equivalency to manage the 2018 summer flounder recreational fishery, as proposed on April 11, 2018 (83 FR 15535). These measures are consistent with the recommendation of the Council and Commission. Additional information on the development of these measures is provided in the proposed rule and not repeated here. 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 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 is maintaining the provisions of Addendum XXVIII to its fishery management plan (FMP), which continues regional conservation equivalency for fishing year 2018. The Commission maintained regions that are consistent with those in place since 2016: (1) Massachusetts; (2) Rhode Island; (3) Connecticut and New York; (4) New Jersey; (5) Delaware, Maryland, and Virginia; and (6) North Carolina. The Commission's Summer Flounder Management Board specified any adjustments to state measures in 2018 should result in no more than a 17-percent liberalization in coastwide harvest relative to the projected 2017 harvest of 3.23 million lb (1,465 mt), the harvest estimate available at the December 2017 meeting. The Board specified this maximum liberalization due to concerns about the status of the summer flounder stock, as well as concerns that harvest estimates for 2017 appeared to be anomalously low in terms of effort and landings. The cap on liberalization is to address concerns that [[Page 24946]] overages may occur if catch and effort rates increase in 2018. More information on Addendum XXVIII is available from the Commission (www.asmfc.org). The Commission certified, by a letter dated April 26, 2018, that the Addendum XXVIII measures implemented by individual states and regions, when combined, are the conservation equivalent of coastwide measures that would be expected to result in the 2018 recreational harvest limit being achieved, but not exceeded. Based on the Commission's recommendation, we find that the 2018 recreational fishing measures required to be implemented in state waters are, collectively, the conservation equivalent of the season, minimum size, and possession limit prescribed in 50 CFR 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 2018. In addition, this action implements default coastwide measures (a 19-inch (48.3-cm) minimum size, 4-fish possession limit, and May 15 through September 15 open fishing season), that become effective January 1, 2019, when the 2018 conservation equivalency program expires. These measures will remain effective until replaced by the 2019 recreational management measures in the spring of next year. Scup Recreational Management Measures This rule maintains status quo scup measures for the 2018 fishery: A 9-inch (22.9-cm) minimum fish size, 50-fish per person possession limit, and year-round season. Black Sea Bass Recreational Management Measures NMFS is extending the Federal waters black sea bass recreational season by removing a closure that occurs from September 22 through October 21 and maintaining the current possession limit and minimum size. The following measures are implemented for the 2018 fishing year in Federal waters: A 15-fish possession limit, a 12.5-inch (31.75-cm) minimum size, and an open season from May 15-December 31. On May 4, 2018, the Commission submitted a letter stating that the recreational black sea bass fishing measures to be implemented by the states are projected to restrict the recreational coastwide landings to the 2018 recreational harvest limit of 3.66 million lb (1,661 mt). The Commission adjusted management measures contained in Addendum XXX following an appeal from the Northern Region (Massachusetts, Connecticut, Rhode Island, and New York). The revised management program is designed to meet the needs of the Northern Region without impacting the remaining states, while still constraining harvest to the recreational harvest limit. Based on the Commission's letter, NMFS has determined that the measures that the states have committed to implement are sufficient to restrain catch appropriately. As a result, NMFS is able to implement the measures outlined in the proposed rule in Federal waters. Comments and Responses On April 11, 2018, NMFS published the proposed measures for the 2018 summer flounder, scup, and black sea bass recreational fisheries for public notice and comments. NMFS received 46 comments. Only one of these comments was directly pertinent to the proposed Federal recreational measures. The commenter offered alternative measures to consider, suggesting a 5-fish possession limit for summer flounder, a 40-fish possession limit for scup with a 9-inch minimum size, and an unspecified possession limit higher than the current 15-fish possession limit for black sea bass. This commenter did not provide a rationale for why these measures would be appropriate or why the measures developed by the Council must be disapproved by NMFS. The remaining comments spoke directly to the Northern Region's black sea bass appeal, which was resolved by the Commission to meet the needs of the Northern Region without impacting the remaining states, addressed state-specific measures outside the scope of this action, offered general concerns over Marine Recreational Information Program estimates, or relayed general complaints over the management of black sea bass. No changes to the final rule are made based on these comments. Classification The Administrator, Greater Atlantic Region, NMFS, determined that these management measures are necessary for the conservation and management of the summer flounder, scup, and black sea bass fisheries and that they are consistent with the 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. This rule is being issued at the earliest possible date. Preparation of the proposed rule was dependent on the submission of the EA in support of these recreational management measures that is developed by the Council. A complete document was received by NMFS in April 2018. Documentation in support of the Council's recommended management measures is required for NMFS to provide the public with information from the environmental and economic analyses, as required in rulemaking, and to evaluate the consistency of the Council's recommendation with the Magnuson-Stevens Act and other applicable law. The proposed rule published on April 11, 2018, with a 15-day comment period ending April 26, 2018. The more restrictive Federal coastwide regulatory measures for summer flounder that were codified last year remain in effect until the 2018 recreational measures are made effective. 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 would create inconsistencies between state and federal measures and increase the likelihood of illegal landings due to misunderstood regulations. 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 make this rule effective upon publication in the Federal Register. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the [[Page 24947]] proposed rule and is not repeated here. Two comments were received that mentioned perceived economic impacts of state waters measures, which is outside the scope of this action and results from decisions made by the Commission. A final regulatory flexibility analysis is not required and none has been prepared. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: May 24, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is amended as follows: PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES 0 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 0 2. Revise Sec. 648.105 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 May 15 through September 15. This time period may be adjusted pursuant to the procedures in Sec. 648.102. 0 3. In Sec. 648.107, revise paragraph (a) introductory text 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 2018 are the conservation equivalent of the season, minimum size, and possession limit prescribed in Sec. Sec. 648.104(b), 648.105, and 648.106. This determination is based on a recommendation from the Summer Flounder Board of the Atlantic States Marine Fisheries Commission. * * * * * 0 4. Revise Sec. 648.146 to read as follows: Sec. 648.146 Black sea bass recreational fishing season. Vessels that are not eligible for a moratorium permit under Sec. 648.4(a)(7), and fishermen subject to the possession limit specified in Sec. 648.145(a), may only possess black sea bass from May 15 through December 31, unless this time period is adjusted pursuant to the procedures in Sec. 648.142. [FR Doc. 2018-11606 Filed 5-30-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Rules and Regulations 24945
species were harvested in state or DEPARTMENT OF COMMERCE flounder, scup, and black sea bass
Federal waters. permits, regardless of where they fish,
National Oceanic and Atmospheric unless the state in which they land
Classification Administration implements measures that are more
The Regional Administrator for the restrictive. These measures are intended
50 CFR Part 648 to achieve, but not exceed, the
NMFS Southeast Region has determined
previously established 2018 recreational
this temporary rule is necessary for the [Docket No. 180220193–8488–02]
harvest limits established in a final rule
conservation and management of South
RIN 0648–BH79 published on December 22, 2017 (82 FR
Atlantic yellowtail snapper and is 60682).
consistent with the Magnuson-Stevens Fisheries of the Northeastern United
Act and other applicable laws. States; Recreational Management 2018 Summer Flounder Recreational
Measures for the Summer Flounder, Management Measures
This action is taken under 50 CFR
622.193(n)(1)(i) and is exempt from Scup, and Black Sea Bass Fisheries; NMFS is implementing conservation
review under Executive Order 12866. Fishing Year 2018 equivalency to manage the 2018
summer flounder recreational fishery, as
These measures are exempt from the AGENCY: National Marine Fisheries proposed on April 11, 2018 (83 FR
procedures of the Regulatory Flexibility Service (NMFS), National Oceanic and 15535). These measures are consistent
Act because the temporary rule is issued Atmospheric Administration (NOAA), with the recommendation of the Council
without opportunity for prior notice and Commerce. and Commission. Additional
comment. ACTION: Final rule. information on the development of
This action responds to the best these measures is provided in the
SUMMARY: NMFS announces proposed rule and not repeated here.
scientific information available. The
management measures for the 2018 Conservation equivalency, as
Assistant Administrator for NOAA summer flounder, scup, and black sea
Fisheries (AA) finds that the need to established by Framework Adjustment 2
bass recreational fisheries. The (July 29, 2001; 66 FR 36208), allows
immediately implement this action to implementing regulations for these each state to establish its own
close the yellowtail snapper commercial fisheries require NMFS to publish recreational management measures
sector constitutes good cause to waive recreational measures for the fishing (possession limits, minimum fish size,
the requirements to provide prior notice year. The intent of these measures is to and fishing seasons) to achieve its state
and opportunity for public comment constrain recreational catch to harvest limit established by the
pursuant to the authority set forth in 5 established limits and prevent Commission from the coastwide
U.S.C. 553(b)(B), as such procedures are overfishing of summer flounder, scup, recreational harvest limit, as long as the
unnecessary and contrary to the public and black sea bass. combined effect of all of the states’
interest. Such procedures are DATES: This rule is effective May 31, management measures achieves the
unnecessary because the rule 2018. same level of conservation as Federal
implementing the AM has been subject coastwide measures. Framework
ADDRESSES: Copies of the
to notice and comment, and all that Adjustment 6 (July 26, 2006; 71 FR
Environmental Assessment (EA) and
remains is to notify the public of the 42315) allowed states to form regions for
other supporting documents for the
closure. Such procedures are contrary to conservation equivalency in order to
recreational harvest measures are
the public interest because there is a minimize differences in regulations for
available from Dr. Christopher M. anglers fishing in adjacent waters.
need to immediately implement this Moore, Executive Director, Mid-Atlantic
action to protect the yellowtail snapper The Commission is maintaining the
Fishery Management Council, Suite 201, provisions of Addendum XXVIII to its
resource, as the capacity of the fishing 800 N. State Street, Dover, DE 19901.
fleet allows for rapid harvest of the fishery management plan (FMP), which
The recreational harvest measures continues regional conservation
commercial ACL. Prior notice and document is also accessible via the equivalency for fishing year 2018. The
opportunity for public comment would internet at: http://www.mafmc.org/s/ Commission maintained regions that are
require time and could result in a 2018-sf-bsb-rec-measures-EA.pdf. consistent with those in place since
harvest well in excess of the established FOR FURTHER INFORMATION CONTACT: 2016: (1) Massachusetts; (2) Rhode
commercial ACL. Emily Gilbert, Fishery Policy Analyst, Island; (3) Connecticut and New York;
For the aforementioned reasons, the (978) 281–9244. (4) New Jersey; (5) Delaware, Maryland,
AA also finds good cause to waive the SUPPLEMENTARY INFORMATION: and Virginia; and (6) North Carolina.
30-day delay in the effectiveness of this The Commission’s Summer Flounder
Summary of Management Measures Management Board specified any
action under 5 U.S.C. 553(d)(3).
In this rule, NMFS specifies adjustments to state measures in 2018
Authority: 16 U.S.C. 1801 et seq.
management measures for the 2018 should result in no more than a 17-
Dated: May 25, 2018. summer flounder, scup, and black sea percent liberalization in coastwide
Jennifer M. Wallace, bass recreational fisheries consistent harvest relative to the projected 2017
Acting Director, Office of Sustainable with the recommendations of the Mid- harvest of 3.23 million lb (1,465 mt), the
Fisheries, National Marine Fisheries Service. Atlantic Fishery Management Council harvest estimate available at the
[FR Doc. 2018–11665 Filed 5–30–18; 8:45 am] (Council) and the Atlantic States Marine December 2017 meeting. The Board
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BILLING CODE 3510–22–P
Fisheries Commission (Commission). specified this maximum liberalization
NMFS is establishing measures that due to concerns about the status of the
would apply in the Federal waters of the summer flounder stock, as well as
exclusive economic zone (EEZ). concerns that harvest estimates for 2017
Additionally, these measures apply to appeared to be anomalously low in
all Federally permitted party/charter terms of effort and landings. The cap on
vessels with applicable summer liberalization is to address concerns that
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![Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Rules and Regulations 24947
proposed rule and is not repeated here. PART 648—FISHERIES OF THE measures proposed to be implemented
Two comments were received that NORTHEASTERN UNITED STATES by the states of Maine through North
mentioned perceived economic impacts Carolina for 2018 are the conservation
of state waters measures, which is ■ 1. The authority citation for part 648 equivalent of the season, minimum size,
outside the scope of this action and continues to read as follows: and possession limit prescribed in
results from decisions made by the Authority: 16 U.S.C. 1801 et seq. §§ 648.104(b), 648.105, and 648.106.
Commission. A final regulatory ■ 2. Revise § 648.105 to read as follows: This determination is based on a
flexibility analysis is not required and recommendation from the Summer
none has been prepared. § 648.105 Summer flounder recreational Flounder Board of the Atlantic States
fishing season. Marine Fisheries Commission.
List of Subjects in 50 CFR Part 648 Unless otherwise specified pursuant * * * * *
to § 648.107, vessels that are not eligible
Fisheries, Fishing, Reporting and ■ 4. Revise § 648.146 to read as follows:
for a moratorium permit under
recordkeeping requirements. § 648.4(a)(3), and fishermen subject to § 648.146 Black sea bass recreational
Dated: May 24, 2018. the possession limit, may fish for fishing season.
Samuel D. Rauch, III, summer flounder from May 15 through Vessels that are not eligible for a
September 15. This time period may be moratorium permit under § 648.4(a)(7),
Deputy Assistant Administrator for
Regulatory Programs, National Marine
adjusted pursuant to the procedures in and fishermen subject to the possession
Fisheries Service. § 648.102. limit specified in § 648.145(a), may only
■ 3. In § 648.107, revise paragraph (a) possess black sea bass from May 15
For the reasons set out in the introductory text to read as follows: through December 31, unless this time
preamble, 50 CFR part 648 is amended period is adjusted pursuant to the
§ 648.107 Conservation equivalent
as follows: measures for the summer flounder fishery. procedures in § 648.142.
(a) The Regional Administrator has [FR Doc. 2018–11606 Filed 5–30–18; 8:45 am]
determined that the recreational fishing BILLING CODE 3510–22–P
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Document Created: 2018-05-31 00:48:36
Document Modified: 2018-05-31 00:48:36
| 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 May 31, 2018. | |
| Contact | Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. | |
| FR Citation | 83 FR 24945 | |
| RIN Number | 0648-BH79 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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