83_FR_4623 83 FR 4601 - Fisheries of the Northeastern United States; Black Sea Bass Fishery; 2018 February Recreational Season Modification

83 FR 4601 - Fisheries of the Northeastern United States; Black Sea Bass Fishery; 2018 February Recreational Season Modification

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 22 (February 1, 2018)

Page Range4601-4604
FR Document2018-02025

NMFS is implementing regulations to open a 2018 February recreational season in the Federal black sea bass fishery. This action provides additional recreational fishing opportunities in winter, while maintaining management measures to prevent overfishing consistent with the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. This rule is intended to inform the public of this new 2018 recreational season.

Federal Register, Volume 83 Issue 22 (Thursday, February 1, 2018)
[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Rules and Regulations]
[Pages 4601-4604]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02025]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 171023999-8070-02]
RIN 0648-BH35


Fisheries of the Northeastern United States; Black Sea Bass 
Fishery; 2018 February Recreational Season Modification

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS is implementing regulations to open a 2018 February 
recreational season in the Federal black sea bass fishery. This action 
provides additional recreational fishing opportunities in winter, while 
maintaining management measures to prevent overfishing consistent with 
the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. 
This rule is intended to inform the public of this new 2018 
recreational season.

DATES: Effective February 1 through February 28, 2018.

ADDRESSES: Copies of the Environmental Assessment (EA), Regulatory 
Flexibility Act Analyses, and other supporting documents for the action 
are available upon request from Dr. Christopher M. Moore, Executive 
Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. 
State Street, Dover, DE 19901.

FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management 
Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION: 

General Background

    Black sea bass are jointly managed by the Mid-Atlantic Fishery 
Management Council (Council) and the Atlantic States Marine Fisheries 
Commission (Commission) as part of the joint Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP). States manage black sea 
bass within 3 nautical miles (4.83 km) of their coasts under the 
Commission's plan. The applicable Federal regulations govern vessels 
and individual anglers fishing in Federal waters of the exclusive 
economic zone (EEZ), as well as vessels possessing a Federal black sea 
bass charter/party vessel permit, regardless of where they fish. This 
rule applies to black sea bass (Centropristis striata) in U.S. waters 
of the Atlantic Ocean from 35 E 13.3' N lat. (the latitude of Cape 
Hatteras Lighthouse, Buxton, North Carolina) northward to the U.S./
Canada border.
    This action implements the addition of a Federal recreational black 
sea bass fishing season during February of 2018. Additional background 
information regarding the development of this action was provided in 
the proposed rule (83 FR 780; January 8, 2018) and is not repeated 
here. The Federal recreational measures for the remainder of 2018 are 
still in development and will be implemented through a separate 
rulemaking later this spring.

Final Action

    This action implements a 28-day winter season for the 2018 
recreational black sea bass fishery during the month of February. The 
current black sea bass recreational management measures of a 12.5-inch 
(31.75-cm) minimum size and 15-fish possession limit still apply during 
this February season. As explained in the proposed rule, this action 
responds to the favorable 2016 benchmark stock assessment for black sea 
bass, and is intended to increase recreational fishing access to a 
stable stock at a time of year when few other recreational species are 
available.
    Two states, North Carolina and Virginia, have formally declared 
their intent to participate in the February 2018 recreational season. 
To confirm their participation, both states

[[Page 4602]]

submitted a plan to offset their expected harvest during this winter 
season through their recreational management measures for remainder of 
the 2018 fishing year.
    Commission-based measures implemented by states may vary by state, 
and differ from the Federal water measures. Because only Virginia and 
North Carolina have committed to participate in this winter season, the 
fishery will only be open for these states. Federal permit holders are 
required to adhere to the more restrictive set of measures irrespective 
of whether the vessel is fishing in state or Federal waters. Similarly, 
private anglers must adhere to the recreational measures implemented by 
the state in which the fish will be landed as all the state-implemented 
measures place restrictions on season, minimum fish size, and per-
angler possession limit. For additional information on state-
implemented management measures, please contact the marine fisheries 
management agency for the state in question or the Commission 
(www.asmfc.org; 703-842-0740).

Comments and Responses

    The public comment period for the proposed rule ended on January 
23, 2018. Thirteen comments were received from the public on this rule. 
Many of the comments expressed similar concerns.
    Comment 1: One commenter was dissatisfied with the regulatory 
flexibility analysis (RFA) process and believed that more input from 
small businesses should have been taken into account during the 
development stage of this rule.
    Response 1: Thorough RFA analyses were prepared for this action 
consistent with Small Business Administration guidance. The action was 
also discussed at several public Council and Commission meetings where 
the concerns of small businesses were considered. This comment did not 
raise specific issues regarding the proposed rule or the economic 
impact analyses summarized in the initial RFA for this action. Rather, 
the commenter stated frustrations with the RFA process in general, 
stating that RFA regulations need to be updated and the small business 
community needs to be better included in policy discussions during 
their development. These are larger changes that are outside the 
purview of this action.
    Comment 2: One commenter was in favor of this action and is looking 
forward to increased fishing opportunity.
    Response 2: NMFS agrees and notes that increased opportunity is a 
key purpose of this action.
    Comment 3: Several commenters opposed implementation of the 
proposed season, stating concerns over the reduction in the 
recreational harvest limit for the rest of the 2018 fishing year, the 
inability of northern states to adequately participate due to weather 
conditions, the unfavorable coastal distribution of black sea bass in 
February, and the feasibility of the season overall. Many of these 
commenters noted that better opportunities would be created by 
lengthening the existing seasons into April or October or changing the 
bag limits.
    Response 3: The purpose of this action is to create more 
recreational fishing access and opportunity at a time when other 
options are limited or restricted in the winter. There are more varied 
recreational opportunities in the later months of the year. Only 
Virginia and North Carolina have committed to participate in this 
February season, so only those states will need to account for any 
catch during the rest of the 2018 fishing year. The expected harvest 
from these two states is expected to be minimal and will not 
appreciably reduce the quota available for the summer and fall fishery.
    Comment 4: One commenter was upset about Federal agencies' varied 
interpretations and implementations of the National Environmental 
Policy Act (NEPA), arguing that state and local governments should play 
a larger role in cooperative actions to better represent the ``human 
environment.''
    Response 4: A full environmental assessment (EA) was prepared 
consistent with applicable NEPA guidance and Council for Environmental 
Quality (CEQ) requirements. This action was also developed with full 
collaboration from state agencies through the Commission. No comments 
were received that raised specific concerns or that noted deficiencies 
with the prepared NEPA analyses in support of this action.
    Comment 5: The Massachusetts Division of Marine Fisheries (MA DMF) 
submitted a comment raising concerns about the lack of data, reporting, 
and accountability during Wave 1 in the recreational fishery. They also 
expressed concern about the potential implications of this season on 
future recreational rulemaking for states at the Commission level, and 
Council decisions at the Federal level.
    Response 5: The Council and Commission openly acknowledged these 
concerns during this action's development. Furthermore, NMFS agrees, 
which is why the 2018 fishing opportunity is restricted to February and 
is, by design, a small scale endeavor to increase access with minimum 
risk. The Council is considering options to address the noted reporting 
and accountability issues in its development of the Wave 1 recreational 
Letter of Authorization program for 2019 and future years. NMFS 
encourages MA DMF to continue raising these concerns with the Council 
and Commission during continued development of a Wave 1 recreational 
black sea bass fishery.
    Comment 6: One commenter asked that we protect the livelihoods of 
commercial fishermen.
    Response 6: NMFS agrees and considers this a critical component of 
its overall mandate. However, this comment does not pertain to the 
subject action, which involves the recreational fishery.
    Comment 7: One commenter claimed that black sea bass are 
intelligent and should not be farmed to extinction.
    Response 7: The recent 2016 benchmark stock assessment showed that 
wild black sea bass populations are thriving at nearly three times the 
biomass target, and not at risk of extinction. Also, this action 
pertains to recreational fishing activities, not aquaculture or marine 
farming practices.

Changes From the Proposed Rule

    There are no changes from the proposed rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this final rule is 
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act.
    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 action is in place on or about 
February 1, 2018. This action implements an additional Federal black 
sea bass recreational season during February 2018. A delay in its

[[Page 4603]]

effectiveness would reduce the length of the open winter season; 
unnecessarily disadvantaging recreational anglers that wish to 
participate, and limiting the fishing opportunity that this action was 
meant to create.
    Furthermore, regulated parties do not require any additional time 
to come into compliance with this rule. Unlike actions that require an 
adjustment period, 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 existing management measures for black sea bass 
while the charter/party operators are engaged in fishing activities 
during the new open season. This action has been discussed at multiple 
Council and Commission public meetings throughout its development and 
is expected by the recreational fishing sector.
    This rule is being issued at the earliest possible date. 
Preparation of the proposed rule was dependent on completion of the EA 
in support of the recommendations developed by the Council and 
Commission. Documentation in support of the Council's recommended 
specifications is required for us 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 Council's decision to recommend a February season was not final 
until December 13, 2017, and a complete document was finalized in late 
December 2017. Due to this tight timeline, we were unable to prepare 
this action early enough to allow for both an appropriate public 
comment period and a 30-day delay in effectiveness. The proposed rule 
published on January 8, 2018, with a 15-day comment period ending 
January 23, 2018. This action creates an additional Federal 
recreational season for black sea bass and increases fishing 
opportunity and access in the winter that would otherwise be 
constrained under the current seasons. If this final rule were delayed 
for 30 days, the proposed 28-day recreational season would be severely 
shortened or may not become effective at all. This would diminish any 
opportunity created by opening a winter season, and would be contrary 
to the purpose of the action. For these reasons, a 30-day delay in 
effectiveness would be contrary to the public interest and is therefore 
waived.

Final Regulatory Flexibility Analysis

    The final regulatory flexibility analysis (FRFA) included in this 
final rule was prepared pursuant to 5 U.S.C. 604(a), and incorporates 
the initial regulatory flexibility analysis (IRFA) and a summary of 
analyses completed to support the action. A public copy of the 
environmental assessment/IRFA is available from the Council (see 
ADDRESSES). The preamble to the proposed rule included a detailed 
summary of the analyses contained in the IRFA, and that discussion is 
not repeated here.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    NMFS received one comment on the RFA process in general, stating 
that RFA regulations need to be updated and the small business 
community needs to be afforded more inclusion in policy discussions 
during their development. However, this comment did not raise specific 
issues regarding the proposed rule or the economic analyses summarized 
in the IRFA. Refer to the ``Comments and Responses'' section of this 
preamble for more detail. No changes to the proposed rule are necessary 
as a result of the public comments.

Description and Estimate of Number of Small Entities to Which the Rule 
Would Apply

    This final rule affects small entities engaged in recreational fish 
harvesting operations within the black sea bass fishery. For the 
purposes of the RFA analysis, the ownership entities (or firms), not 
the individual vessels, are considered to be the regulated entities. 
Individually permitted vessels may hold permits for several fisheries, 
harvesting species of fish that are regulated by several different 
FMPs, even beyond those affected by this action. Furthermore, multiple-
permitted vessels and/or permits may be owned by entities affiliated by 
stock ownership, common management, identity of interest, contractual 
relationships, or economic dependency. Because of this, some 
individually permitted vessels may be part of the same firm because 
they have the same owner for the purpose of this analysis.
    In terms of the RFA, a business primarily engaged in for-hire 
fishing activity is classified as a small business if it has combined 
annual receipts not in excess of $7.5 million. The current ownership 
data set used for this analysis is based on calendar year 2016 (the 
most recent complete year available) and contains average gross sales 
associated with those permits for calendar years 2014 through 2016. 
According to the ownership database, there were 406 for-hire permits 
that generated revenues from recreational fishing for various species 
during the 2014-2016 period. Of these permits, there were 328 that were 
not affiliated with any other ownership group. The remaining 78 for-
hire vessels were comprised of affiliated ownership groups with between 
two and six for-hire vessels for a total of 359 for-hire affiliate 
firms; 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, further analysis conducted by the 
Council and NMFS during the development of this action identified that 
in 2016 there were 291 for-hire entities that recreationally caught 
black sea bass. In 2013, the last year that a recreational black sea 
bass fishery was open in January and February, 331 for-hire firms 
caught black sea bass recreationally; however, only 39 of those were 
active during the Wave 1 (January and February) period. While these are 
the best available estimates of potential participation in the February 
season implemented by this action, these numbers are not necessarily 
indicative of the number of entities that will actually participate. 
Overall, participation is expected to be low as only Virginia and North 
Carolina declared into the fishery, and general comments on the 
proposed rule suggest that businesses are primarily promoting and 
planning for the busier summer and fall seasons.

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

    NMFS is implementing the Council-recommended final rule to open a 
February recreational season in the 2018 black sea bass fishery to 
satisfy the Magnuson-Stevens Act requirements to ensure that fish 
stocks are not subject to overfishing, while allowing the greatest 
access to the fishery, and opportunity to

[[Page 4604]]

achieve optimum yield. The objective of this action is to increase 
fishing opportunity while maintaining catch within the recreational 
harvest limit and annual catch limit.
    As described in the proposed rule for this action, two other 
alternatives to the approved action were considered. Maintaining the 
status quo with no winter fishing did not take advantage of the 
favorable stock status or provide any additional access or opportunity 
in the recreational black sea bass fishery. Opening the fishery for 
both January and February could have created more recreational fishing 
opportunity in 2018; however, given the lack of recreational data 
available, the time constraints involved, and the potential 
disproportionate impacts to state recreational fisheries later in the 
year, this alternative was not selected. The action described in this 
final rule was chosen as the best feasible way to increase recreational 
fishing opportunity in the black sea bass fishery in 2018 with the 
lowest potential negative impact.

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 letter to permit holders that also serves as 
small entity compliance guide was prepared and will be sent to all 
holders of Federal charter/party permits issued for the black sea bass 
fishery. In addition, copies of this final rule and guide (i.e., permit 
holder letter) are available from NMFS (see ADDRESSES) and at the 
following website: www.greateratlantic.fisheries.noaa.gov.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 29, 2018.
Chris Oliver,
Assistant Administrator for Fisheries, 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.


Sec.  648.146   [Suspended]

0
2. Section 648.146 is suspended.

0
3. Section 648.150 is added to subpart I to read as follows:


Sec.  648.150   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 February 1 
through February 28, May 15 through September 21, and October 22 
through December 31, unless this time period is adjusted pursuant to 
the procedures in Sec.  648.142.

[FR Doc. 2018-02025 Filed 1-31-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                                   Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations                                                  4601

                                                                                                                                                                                 Statutory amount
                                                                                         Violation                                                                                      ($)

                                             Sec.   364(b) Forfeitures (Ships) ................................................................      $1,964 (vessel master).
                                             Sec.   386(a) Forfeitures (Ships) ................................................................      $9,819/day (owner).
                                             Sec.   386(b) Forfeitures (Ships) ................................................................      $1,964 (vessel master).
                                             Sec.   634 Cable EEO ................................................................................   $870/day.



                                                (9) Inflation adjustments to the                                                                            Maximum            SUPPLEMENTARY INFORMATION:
                                             maximum forfeiture amount. (i)                                            U.S. Code citation               penalty after 2018
                                                                                                                                                                    General Background
                                                                                                                                                             inflation
                                             Pursuant to the Federal Civil Penalties
                                                                                                                                                           adjustment  Black sea bass are jointly managed by
                                             Inflation Adjustment Act Improvements
                                             Act of 2015, Public Law 114–74 (129                                                                                    the Mid-Atlantic Fishery Management
                                                                                                                  47 U.S.C. 507(a) ............               1,945
                                             Stat. 599–600), which amends the                                     47 U.S.C. 507(b) ............                 285 Council (Council) and the Atlantic
                                             Federal Civil Monetary Penalty Inflation                             47 U.S.C. 554 .................               870 States Marine Fisheries Commission
                                             Adjustment Act of 1990, Public Law                                                                                     (Commission) as part of the joint
                                             101–410 (104 Stat. 890; 28 U.S.C. 2461                               *      *     *      *         *                   Summer Flounder, Scup, and Black Sea
                                             note), the statutory maximum amount of                               [FR Doc. 2018–01990 Filed 1–31–18; 8:45 am]       Bass Fishery Management Plan (FMP).
                                             a forfeiture penalty assessed under this                             BILLING CODE 6712–01–P                            States manage black sea bass within 3
                                             section shall be adjusted annually for                                                                                 nautical miles (4.83 km) of their coasts
                                             inflation by order published no later                                                                                  under the Commission’s plan. The
                                             than January 15 each year. Annual                                    DEPARTMENT OF COMMERCE                            applicable Federal regulations govern
                                             inflation adjustments will be based on                                                                                 vessels and individual anglers fishing in
                                             the percentage (if any) by which the                                 National Oceanic and Atmospheric                  Federal waters of the exclusive
                                             CPI–U for October preceding the date of                              Administration                                    economic zone (EEZ), as well as vessels
                                             the adjustment exceeds the prior year’s                                                                                possessing a Federal black sea bass
                                             CPI–U for October. The Office of                                     50 CFR Part 648                                   charter/party vessel permit, regardless
                                             Management and Budget (OMB) will                                                                                       of where they fish. This rule applies to
                                                                                                                  [Docket No. 171023999–8070–02]
                                             issue adjustment rate guidance no later                                                                                black sea bass (Centropristis striata) in
                                             than December 15 each year to adjust for                             RIN 0648–BH35                                     U.S. waters of the Atlantic Ocean from
                                             inflation in the CPI–U as of the most                                                                                  35 E 13.3′ N lat. (the latitude of Cape
                                             recent October.                                                      Fisheries of the Northeastern United              Hatteras Lighthouse, Buxton, North
                                                (ii) The application of the annual                                States; Black Sea Bass Fishery; 2018              Carolina) northward to the U.S./Canada
                                             inflation adjustment required by the                                 February Recreational Season                      border.
                                             foregoing Federal Civil Penalties                                    Modification                                         This action implements the addition
                                             Inflation Adjustment Act Improvements                                                                                  of a Federal recreational black sea bass
                                                                                                                  AGENCY: National Marine Fisheries
                                             Act of 2015 results in the following                                                                                   fishing season during February of 2018.
                                                                                                                  Service (NMFS), National Oceanic and
                                             adjusted statutory maximum forfeitures                                                                                 Additional background information
                                                                                                                  Atmospheric Administration (NOAA),
                                             authorized by the Communications Act:                                                                                  regarding the development of this action
                                                                                                                  Commerce.
                                                                                                                                                                    was provided in the proposed rule (83
                                                                                                                  ACTION: Final rule.
                                                                                         Maximum                                                                    FR 780; January 8, 2018) and is not
                                                                                     penalty after 2018                                                             repeated here. The Federal recreational
                                                  U.S. Code citation                                              SUMMARY: NMFS is implementing
                                                                                          inflation                                                                 measures for the remainder of 2018 are
                                                                                        adjustment                regulations to open a 2018 February
                                                                                                                  recreational season in the Federal black          still in development and will be
                                             47 U.S.C. 202(c) .............                       $11,784         sea bass fishery. This action provides            implemented through a separate
                                                                                                      589         additional recreational fishing                   rulemaking later this spring.
                                             47 U.S.C. 203(e) ............                         11,784         opportunities in winter, while
                                                                                                      589
                                                                                                                                                                    Final Action
                                                                                                                  maintaining management measures to
                                             47   U.S.C.   205(b)     ............                 23,566
                                                                                                                  prevent overfishing consistent with the              This action implements a 28-day
                                             47   U.S.C.   214(d)     ............                  2,356                                                           winter   season for the 2018 recreational
                                             47   U.S.C.   219(b)     ............                  2,356         Summer Flounder, Scup, and Black Sea
                                                                                                                  Bass Fishery Management Plan. This                black   sea bass fishery during the month
                                             47   U.S.C.   220(d)     ............                 11,784                                                           of February.   The current black sea bass
                                             47   U.S.C.   223(b)     ............                122,110         rule is intended to inform the public of
                                                                                                                  this new 2018 recreational season.                recreational   management    measures of a
                                             47   U.S.C.   227(e)     ............                 11,278
                                                                                                   33,833                                                           12.5-inch (31.75-cm) minimum size and
                                                                                                                  DATES: Effective February 1 through
                                                                                                1,127,799                                                           15-fish possession limit still apply
                                                                                                                  February 28, 2018.                                during this February season. As
                                             47   U.S.C.   362(a) ............                      9,819
                                             47   U.S.C.   362(b) ............                      1,964         ADDRESSES: Copies of the                          explained in the proposed rule, this
                                             47   U.S.C.   386(a) ............                      9,819         Environmental Assessment (EA),                    action responds to the favorable 2016
                                             47   U.S.C.   386(b) ............                      1,964         Regulatory Flexibility Act Analyses, and benchmark stock assessment for black
                                             47   U.S.C.   503(b)(2)(A) ...                        49,096         other supporting documents for the                sea bass, and is intended to increase
                                                                                                  490,967         action are available upon request from            recreational fishing access to a stable
                                             47 U.S.C. 503(b)(2)(B) ...                           196,387         Dr. Christopher M. Moore, Executive
daltland on DSKBBV9HB2PROD with RULES




                                                                                                                                                                    stock at a time of year when few other
                                                                                                1,963,870         Director, Mid-Atlantic Fishery
                                             47 U.S.C. 503(b)(2)(C) ...                           397,251                                                           recreational species are available.
                                                                                                                  Management Council, Suite 201, 800 N.                Two states, North Carolina and
                                                                                                3,666,930
                                                                                                                  State Street, Dover, DE 19901.                    Virginia, have formally declared their
                                             47 U.S.C. 503(b)(2)(D) ...                            19,639
                                                                                                  147,290         FOR FURTHER INFORMATION CONTACT:                  intent to participate in the February
                                             47 U.S.C. 503(b)(2)(F) ...                           112,780         Cynthia Hanson, Fishery Management                2018 recreational season. To confirm
                                                                                                1,127,799         Specialist, (978) 281–9180.                       their participation, both states


                                        VerDate Sep<11>2014       16:09 Jan 31, 2018       Jkt 244001     PO 00000      Frm 00027      Fmt 4700      Sfmt 4700   E:\FR\FM\01FER1.SGM   01FER1


                                             4602             Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations

                                             submitted a plan to offset their expected                  Response 2: NMFS agrees and notes                  development. Furthermore, NMFS
                                             harvest during this winter season                       that increased opportunity is a key                   agrees, which is why the 2018 fishing
                                             through their recreational management                   purpose of this action.                               opportunity is restricted to February
                                             measures for remainder of the 2018                         Comment 3: Several commenters                      and is, by design, a small scale endeavor
                                             fishing year.                                           opposed implementation of the                         to increase access with minimum risk.
                                                Commission-based measures                            proposed season, stating concerns over                The Council is considering options to
                                             implemented by states may vary by                       the reduction in the recreational harvest             address the noted reporting and
                                             state, and differ from the Federal water                limit for the rest of the 2018 fishing                accountability issues in its development
                                             measures. Because only Virginia and                     year, the inability of northern states to             of the Wave 1 recreational Letter of
                                             North Carolina have committed to                        adequately participate due to weather                 Authorization program for 2019 and
                                             participate in this winter season, the                  conditions, the unfavorable coastal                   future years. NMFS encourages MA
                                             fishery will only be open for these                     distribution of black sea bass in                     DMF to continue raising these concerns
                                             states. Federal permit holders are                      February, and the feasibility of the                  with the Council and Commission
                                             required to adhere to the more                          season overall. Many of these                         during continued development of a
                                             restrictive set of measures irrespective                commenters noted that better                          Wave 1 recreational black sea bass
                                             of whether the vessel is fishing in state               opportunities would be created by                     fishery.
                                             or Federal waters. Similarly, private                   lengthening the existing seasons into                    Comment 6: One commenter asked
                                             anglers must adhere to the recreational                 April or October or changing the bag                  that we protect the livelihoods of
                                             measures implemented by the state in                    limits.                                               commercial fishermen.
                                             which the fish will be landed as all the                   Response 3: The purpose of this                       Response 6: NMFS agrees and
                                             state-implemented measures place                        action is to create more recreational                 considers this a critical component of its
                                             restrictions on season, minimum fish                    fishing access and opportunity at a time              overall mandate. However, this
                                             size, and per-angler possession limit.                  when other options are limited or                     comment does not pertain to the subject
                                             For additional information on state-                    restricted in the winter. There are more              action, which involves the recreational
                                             implemented management measures,                        varied recreational opportunities in the              fishery.
                                                                                                     later months of the year. Only Virginia                  Comment 7: One commenter claimed
                                             please contact the marine fisheries
                                                                                                     and North Carolina have committed to                  that black sea bass are intelligent and
                                             management agency for the state in
                                                                                                     participate in this February season, so               should not be farmed to extinction.
                                             question or the Commission
                                                                                                     only those states will need to account                   Response 7: The recent 2016
                                             (www.asmfc.org; 703–842–0740).
                                                                                                     for any catch during the rest of the 2018             benchmark stock assessment showed
                                             Comments and Responses                                  fishing year. The expected harvest from               that wild black sea bass populations are
                                                                                                     these two states is expected to be                    thriving at nearly three times the
                                                The public comment period for the
                                                                                                     minimal and will not appreciably                      biomass target, and not at risk of
                                             proposed rule ended on January 23,
                                                                                                     reduce the quota available for the                    extinction. Also, this action pertains to
                                             2018. Thirteen comments were received
                                                                                                     summer and fall fishery.                              recreational fishing activities, not
                                             from the public on this rule. Many of                      Comment 4: One commenter was
                                             the comments expressed similar                                                                                aquaculture or marine farming practices.
                                                                                                     upset about Federal agencies’ varied
                                             concerns.                                               interpretations and implementations of                Changes From the Proposed Rule
                                                Comment 1: One commenter was                         the National Environmental Policy Act                   There are no changes from the
                                             dissatisfied with the regulatory                        (NEPA), arguing that state and local                  proposed rule.
                                             flexibility analysis (RFA) process and                  governments should play a larger role in
                                             believed that more input from small                     cooperative actions to better represent               Classification
                                             businesses should have been taken into                  the ‘‘human environment.’’                              Pursuant to section 304(b)(1)(A) of the
                                             account during the development stage of                    Response 4: A full environmental                   Magnuson-Stevens Act, the NMFS
                                             this rule.                                              assessment (EA) was prepared                          Assistant Administrator has determined
                                                Response 1: Thorough RFA analyses                    consistent with applicable NEPA                       that this final rule is consistent with the
                                             were prepared for this action consistent                guidance and Council for                              Summer Flounder, Scup, and Black Sea
                                             with Small Business Administration                      Environmental Quality (CEQ)                           Bass FMP, other provisions of the
                                             guidance. The action was also discussed                 requirements. This action was also                    Magnuson-Stevens Act, and other
                                             at several public Council and                           developed with full collaboration from                applicable law.
                                             Commission meetings where the                           state agencies through the Commission.                  This final rule has been determined to
                                             concerns of small businesses were                       No comments were received that raised                 be not significant for purposes of
                                             considered. This comment did not raise                  specific concerns or that noted                       Executive Order 12866.
                                             specific issues regarding the proposed                  deficiencies with the prepared NEPA                     This final rule does not duplicate,
                                             rule or the economic impact analyses                    analyses in support of this action.                   conflict, or overlap with any existing
                                             summarized in the initial RFA for this                     Comment 5: The Massachusetts                       Federal rules.
                                             action. Rather, the commenter stated                    Division of Marine Fisheries (MA DMF)                   This action does not contain a
                                             frustrations with the RFA process in                    submitted a comment raising concerns                  collection of information requirement
                                             general, stating that RFA regulations                   about the lack of data, reporting, and                for purposes of the Paperwork
                                             need to be updated and the small                        accountability during Wave 1 in the                   Reduction Act.
                                             business community needs to be better                   recreational fishery. They also                         The Assistant Administrator for
                                             included in policy discussions during                   expressed concern about the potential                 Fisheries, NOAA, finds good cause
                                             their development. These are larger                                                                           under 5 U.S.C. 553(d)(3) to waive the
daltland on DSKBBV9HB2PROD with RULES




                                                                                                     implications of this season on future
                                             changes that are outside the purview of                 recreational rulemaking for states at the             30-day delay of effectiveness period for
                                             this action.                                            Commission level, and Council                         this rule, to ensure that the action is in
                                                Comment 2: One commenter was in                      decisions at the Federal level.                       place on or about February 1, 2018. This
                                             favor of this action and is looking                        Response 5: The Council and                        action implements an additional Federal
                                             forward to increased fishing                            Commission openly acknowledged                        black sea bass recreational season
                                             opportunity.                                            these concerns during this action’s                   during February 2018. A delay in its


                                        VerDate Sep<11>2014   16:09 Jan 31, 2018   Jkt 244001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\01FER1.SGM   01FER1


                                                              Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations                                          4603

                                             effectiveness would reduce the length of                Final Regulatory Flexibility Analysis                 in excess of $7.5 million. The current
                                             the open winter season; unnecessarily                     The final regulatory flexibility                    ownership data set used for this analysis
                                             disadvantaging recreational anglers that                analysis (FRFA) included in this final                is based on calendar year 2016 (the most
                                             wish to participate, and limiting the                   rule was prepared pursuant to 5 U.S.C.                recent complete year available) and
                                             fishing opportunity that this action was                604(a), and incorporates the initial                  contains average gross sales associated
                                             meant to create.                                        regulatory flexibility analysis (IRFA)                with those permits for calendar years
                                                Furthermore, regulated parties do not                                                                      2014 through 2016. According to the
                                                                                                     and a summary of analyses completed to
                                             require any additional time to come into                                                                      ownership database, there were 406 for-
                                                                                                     support the action. A public copy of the
                                             compliance with this rule. Unlike                                                                             hire permits that generated revenues
                                                                                                     environmental assessment/IRFA is
                                             actions that require an adjustment                                                                            from recreational fishing for various
                                                                                                     available from the Council (see
                                             period, charter/party operators will not                                                                      species during the 2014–2016 period. Of
                                                                                                     ADDRESSES). The preamble to the
                                             have to purchase new equipment or                                                                             these permits, there were 328 that were
                                                                                                     proposed rule included a detailed
                                             otherwise expend time or money to                                                                             not affiliated with any other ownership
                                                                                                     summary of the analyses contained in
                                             comply with these management                                                                                  group. The remaining 78 for-hire vessels
                                                                                                     the IRFA, and that discussion is not
                                             measures. Rather, complying with this                                                                         were comprised of affiliated ownership
                                                                                                     repeated here.                                        groups with between two and six for-
                                             final rule simply means adhering to the
                                             existing management measures for black                  A Summary of the Significant Issues                   hire vessels for a total of 359 for-hire
                                             sea bass while the charter/party                        Raised by the Public in Response to the               affiliate firms; all of which are
                                             operators are engaged in fishing                        IRFA, a Summary of the Agency’s                       categorized as small businesses.
                                             activities during the new open season.                  Assessment of Such Issues, and a                      Although it is not possible to derive
                                             This action has been discussed at                       Statement of Any Changes Made in the                  what proportion of the overall revenues
                                             multiple Council and Commission                         Final Rule as a Result of Such                        came from specific fishing activities,
                                             public meetings throughout its                          Comments                                              further analysis conducted by the
                                             development and is expected by the                                                                            Council and NMFS during the
                                                                                                        NMFS received one comment on the
                                             recreational fishing sector.                                                                                  development of this action identified
                                                                                                     RFA process in general, stating that RFA              that in 2016 there were 291 for-hire
                                                This rule is being issued at the earliest            regulations need to be updated and the                entities that recreationally caught black
                                             possible date. Preparation of the                       small business community needs to be                  sea bass. In 2013, the last year that a
                                             proposed rule was dependent on                          afforded more inclusion in policy                     recreational black sea bass fishery was
                                             completion of the EA in support of the                  discussions during their development.                 open in January and February, 331 for-
                                             recommendations developed by the                        However, this comment did not raise                   hire firms caught black sea bass
                                             Council and Commission.                                 specific issues regarding the proposed                recreationally; however, only 39 of
                                             Documentation in support of the                         rule or the economic analyses                         those were active during the Wave 1
                                             Council’s recommended specifications                    summarized in the IRFA. Refer to the                  (January and February) period. While
                                             is required for us to provide the public                ‘‘Comments and Responses’’ section of                 these are the best available estimates of
                                             with information from the                               this preamble for more detail. No                     potential participation in the February
                                             environmental and economic analyses,                    changes to the proposed rule are                      season implemented by this action,
                                             as required in rulemaking, and to                       necessary as a result of the public                   these numbers are not necessarily
                                             evaluate the consistency of the                         comments.                                             indicative of the number of entities that
                                             Council’s recommendation with the                                                                             will actually participate. Overall,
                                             Magnuson-Stevens Act and other                          Description and Estimate of Number of
                                                                                                     Small Entities to Which the Rule Would                participation is expected to be low as
                                             applicable law. The Council’s decision                                                                        only Virginia and North Carolina
                                             to recommend a February season was                      Apply
                                                                                                                                                           declared into the fishery, and general
                                             not final until December 13, 2017, and                     This final rule affects small entities             comments on the proposed rule suggest
                                             a complete document was finalized in                    engaged in recreational fish harvesting               that businesses are primarily promoting
                                             late December 2017. Due to this tight                   operations within the black sea bass                  and planning for the busier summer and
                                             timeline, we were unable to prepare this                fishery. For the purposes of the RFA                  fall seasons.
                                             action early enough to allow for both an                analysis, the ownership entities (or
                                             appropriate public comment period and                   firms), not the individual vessels, are               Description of Projected Reporting,
                                             a 30-day delay in effectiveness. The                    considered to be the regulated entities.              Recordkeeping, and Other Compliance
                                             proposed rule published on January 8,                   Individually permitted vessels may hold               Requirements
                                             2018, with a 15-day comment period                      permits for several fisheries, harvesting               No additional reporting,
                                             ending January 23, 2018. This action                    species of fish that are regulated by                 recordkeeping, or other compliance
                                             creates an additional Federal                           several different FMPs, even beyond                   requirements are included in this final
                                             recreational season for black sea bass                  those affected by this action.                        rule.
                                             and increases fishing opportunity and                   Furthermore, multiple-permitted vessels
                                             access in the winter that would                         and/or permits may be owned by                        Description of the Steps the Agency Has
                                             otherwise be constrained under the                      entities affiliated by stock ownership,               Taken To Minimize the Significant
                                             current seasons. If this final rule were                common management, identity of                        Economic Impact on Small Entities
                                             delayed for 30 days, the proposed 28-                   interest, contractual relationships, or               Consistent With the Stated Objectives of
                                             day recreational season would be                        economic dependency. Because of this,                 Applicable Statutes
                                             severely shortened or may not become                    some individually permitted vessels                     NMFS is implementing the Council-
                                             effective at all. This would diminish any               may be part of the same firm because                  recommended final rule to open a
daltland on DSKBBV9HB2PROD with RULES




                                             opportunity created by opening a winter                 they have the same owner for the                      February recreational season in the 2018
                                             season, and would be contrary to the                    purpose of this analysis.                             black sea bass fishery to satisfy the
                                             purpose of the action. For these reasons,                  In terms of the RFA, a business                    Magnuson-Stevens Act requirements to
                                             a 30-day delay in effectiveness would be                primarily engaged in for-hire fishing                 ensure that fish stocks are not subject to
                                             contrary to the public interest and is                  activity is classified as a small business            overfishing, while allowing the greatest
                                             therefore waived.                                       if it has combined annual receipts not                access to the fishery, and opportunity to


                                        VerDate Sep<11>2014   16:09 Jan 31, 2018   Jkt 244001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\01FER1.SGM   01FER1


                                             4604             Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations

                                             achieve optimum yield. The objective of                 of related rules for which an agency is               PART 648—FISHERIES OF THE
                                             this action is to increase fishing                      required to prepare a FRFA, the agency                NORTHEASTERN UNITED STATES
                                             opportunity while maintaining catch                     shall publish one or more guides to
                                             within the recreational harvest limit and               assist small entities in complying with               ■ 1. The authority citation for part 648
                                             annual catch limit.                                     the rule, and shall designate such                    continues to read as follows:
                                               As described in the proposed rule for                 publications as ‘‘small entity
                                             this action, two other alternatives to the              compliance guides.’’ The agency shall                     Authority: 16 U.S.C. 1801 et seq.
                                             approved action were considered.                        explain the actions a small entity is                 § 648.146    [Suspended]
                                             Maintaining the status quo with no                      required to take to comply with a rule
                                             winter fishing did not take advantage of                or group of rules. As part of this                    ■   2. Section 648.146 is suspended.
                                             the favorable stock status or provide any               rulemaking process, a letter to permit
                                             additional access or opportunity in the                 holders that also serves as small entity              ■  3. Section 648.150 is added to subpart
                                             recreational black sea bass fishery.                    compliance guide was prepared and                     I to read as follows:
                                             Opening the fishery for both January                    will be sent to all holders of Federal                § 648.150 Black sea bass recreational
                                             and February could have created more                    charter/party permits issued for the                  fishing season.
                                             recreational fishing opportunity in 2018;               black sea bass fishery. In addition,
                                             however, given the lack of recreational                 copies of this final rule and guide (i.e.,              Vessels that are not eligible for a
                                             data available, the time constraints                    permit holder letter) are available from              moratorium permit under § 648.4(a)(7),
                                             involved, and the potential                             NMFS (see ADDRESSES) and at the                       and fishermen subject to the possession
                                             disproportionate impacts to state                       following website:                                    limit specified in § 648.145(a), may only
                                             recreational fisheries later in the year,               www.greateratlantic.fisheries.noaa.gov.               possess black sea bass from February 1
                                             this alternative was not selected. The                                                                        through February 28, May 15 through
                                             action described in this final rule was                 List of Subjects in 50 CFR Part 648
                                                                                                                                                           September 21, and October 22 through
                                             chosen as the best feasible way to                        Fisheries, Fishing, Reporting and                   December 31, unless this time period is
                                             increase recreational fishing                           recordkeeping requirements.                           adjusted pursuant to the procedures in
                                             opportunity in the black sea bass fishery                                                                     § 648.142.
                                                                                                       Dated: January 29, 2018.
                                             in 2018 with the lowest potential
                                             negative impact.                                        Chris Oliver,                                         [FR Doc. 2018–02025 Filed 1–31–18; 8:45 am]
                                                                                                     Assistant Administrator for Fisheries,                BILLING CODE 3510–22–P
                                             Small Entity Compliance Guide                           National Marine Fisheries Service.
                                               Section 212 of the Small Business                       For the reasons set out in the
                                             Regulatory Enforcement Fairness Act of                  preamble, 50 CFR part 648 is amended
                                             1996 states that, for each rule or group                as follows:
daltland on DSKBBV9HB2PROD with RULES




                                        VerDate Sep<11>2014   16:09 Jan 31, 2018   Jkt 244001   PO 00000   Frm 00030   Fmt 4700   Sfmt 9990   E:\FR\FM\01FER1.SGM   01FER1



Document Created: 2018-10-26 13:47:48
Document Modified: 2018-10-26 13:47:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective February 1 through February 28, 2018.
ContactCynthia Hanson, Fishery Management Specialist, (978) 281-9180.
FR Citation83 FR 4601 
RIN Number0648-BH35
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR