83_FR_50254 83 FR 50061 - Fisheries of the United States; Regulations for Striped Bass Fishing in the Block Island Transit Zone

83 FR 50061 - Fisheries of the United States; Regulations for Striped Bass Fishing in the Block Island Transit Zone

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 193 (October 4, 2018)

Page Range50061-50062
FR Document2018-21613

NMFS issues this advance notice of proposed rulemaking (ANPR) to provide background information and make the public aware of a proposal to remove the current prohibition on recreational Atlantic striped bass fishing in the Block Island Transit Zone (Transit Zone) within the Federal exclusive economic zone (EEZ). The ANPR is in response to the 2018 Omnibus Appropriations Act which included the provision directing NOAA, in consultation with the Atlantic States Marine Fisheries Commission, to consider lifting the ban on striped bass fishing in the Federal Block Island Transit Zone. NMFS communicated the intent to issue this ANPR at the Atlantic States Marine Fisheries Commission's August 2018 public meeting. By this action, NMFS is soliciting public comment on options presented to regulate fishing for striped bass in the Transit Zone. In addition, comments on other options to improve management of Atlantic striped bass in the Transit Zone are welcomed and encouraged.

Federal Register, Volume 83 Issue 193 (Thursday, October 4, 2018) 
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)]
[Proposed Rules]
[Pages 50061-50062]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21613]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 180709616-8616-01]
RIN 0648-BI07


Fisheries of the United States; Regulations for Striped Bass 
Fishing in the Block Island Transit Zone

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

ACTION: Advance notice of proposed rulemaking; request for comments.

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SUMMARY: NMFS issues this advance notice of proposed rulemaking (ANPR) 
to provide background information and make the public aware of a 
proposal to remove the current prohibition on recreational Atlantic 
striped bass fishing in the Block Island Transit Zone (Transit Zone) 
within the Federal exclusive economic zone (EEZ). The ANPR is in 
response to the 2018 Omnibus Appropriations Act which included the 
provision directing NOAA, in consultation with the Atlantic States 
Marine Fisheries Commission, to consider lifting the ban on striped 
bass fishing in the Federal Block Island Transit Zone. NMFS 
communicated the intent to issue this ANPR at the Atlantic States 
Marine Fisheries Commission's August 2018 public meeting. By this 
action, NMFS is soliciting public comment on options presented to 
regulate fishing for striped bass in the Transit Zone. In addition, 
comments on other options to improve management of Atlantic striped 
bass in the Transit Zone are welcomed and encouraged.

DATES: Written comments regarding the issues in this ANPR must be 
received by 5 p.m., local time, on November 19, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0106, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0106, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Kelly Denit, Division 
Chief, Office of Sustainable Fisheries, 1315 East-West Highway, SSMC3, 
Silver Spring, MD 20910.
     Fax: 301-713-1193; Attn: Kelly Denit.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Kelly Denit, Division Chief, Office of 
Sustainable Fisheries, National Marine Fisheries Service, 301-427-8517.

SUPPLEMENTARY INFORMATION: 

Background

    Atlantic striped bass occur predominately within 12 nautical miles 
from shore, an area which includes both waters (0-3 miles from shore) 
under state jurisdiction, as well as portions of the Exclusive Economic 
Zone (3-200 miles from shore) under Federal jurisdiction. Management 
responsibility for Atlantic striped bass resides primarily with the 
coastal states, and interstate management occurs through the Atlantic 
State Marine Fisheries Commission's (Commission) Interstate Fisheries 
Management Plan for the Atlantic Striped Bass (ISFMP), first adopted in 
1981. In 1995, the Commission declared the Atlantic striped bass 
population fully restored and implemented Amendment 5 to the ISFMP to 
perpetuate the stock so as to allow a commercial and recreational 
harvest consistent with the long-term maintenance of the striped bass 
stock. The latest stock assessment update completed in 2016 determined 
that the Atlantic striped bass stock is not overfished or experiencing 
overfishing.
    NMFS promulgates regulations in Federal waters that are compatible 
with the Commission's ISFMP. The Atlantic Striped Bass Conservation Act 
(Pub. L. 100-589, 16 U.S.C. 5151, et seq.) sets forth the basis for 
Federal striped bass regulatory authority. Under the act, Federal 
Atlantic striped bass regulations must comply with the following: (1) 
Be consistent with the national standards in Section 301 of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) (16 U.S.C. 1851); (2) be compatible with the fishery 
management plan for managing Atlantic striped bass and each Federal 
moratorium in effect on fishing for Atlantic striped bass within the 
coastal waters of a coastal state; (3) ensure the effectiveness of 
State regulations on fishing for Atlantic striped bass within the 
coastal waters of a coastal state; and (4) be sufficient to assure the 
long-term conservation of Atlantic striped bass populations. Further, 
in developing the regulations, the Secretary is to consult with the 
Commission, the appropriate Regional Fishery Management Councils 
(Councils), and each affected Federal, state, and local government 
entity.
    Existing Federal regulations prohibit recreational and commercial 
fishing for Atlantic striped bass in the EEZ. The regulations do, 
however, allow fishers to transport Atlantic striped bass caught in 
adjoining state fisheries while transiting the Block Island Transit 
Zone (Transit Zone; 50 CFR 697.7). The Transit Zone is defined in NMFS 
regulations as the area of Federal waters within Block Island Sound, 
located between areas south of Montauk Point, New York, and Point 
Judith, Rhode Island. The Transit Zone area is unique because it is a 
small area of Federal waters (Block Island Sound) substantially bounded 
by state waters (Long Island, New York on one side, Block Island, Rhode 
Island on another, and the mainland of Connecticut and Rhode Island on 
a third side).
    NMFS is considering revising current regulations to authorize 
recreational fishing in the Block Island Transit Zone. This would allow 
recreational fishermen to harvest, retain, and transport striped bass 
within the Block Island Transit Zone. The ANPR is in response to the 
2018 Omnibus Appropriations Act (Pub. L. 115-141) which included the 
provision directing ``NOAA, in consultation with the Atlantic States 
Marine Fisheries

[[Page 50062]]

Commission, to consider lifting the ban on striped bass fishing in the 
Federal Block Island Transit Zone.'' NMFS communicated the intent to 
issue this ANPR to the Atlantic States Marine Fisheries Commission at 
the August 2018 meeting. NMFS is not proposing to allow commercial 
striped bass fishing in the Transit Zone, consistent with Executive 
Order 13449 (October 24, 2007; 72 FR 60531), ``Protection of Striped 
Bass and Red Drum Fish Populations,'' which declared it the policy of 
the United States to prohibit the sale of striped bass caught in the 
EEZ.

Public Comments

    To help determine the scope of issues to be addressed and to 
identify significant issues related to this action, NMFS is requesting 
public comments on this ANPR. The public is encouraged to submit 
comments related to the potential regulatory revisions described in 
this ANPR, as well as additional ideas to improve management of striped 
bass in the Block Island Transit Zone.

    Authority: 16 U.S.C. 1827a.

    Dated: September 28, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-21613 Filed 10-3-18; 8:45 am]
 BILLING CODE 3510-22-P

Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules 50061 once on any calendar day, which is DATES: Written comments regarding the harvest consistent with the long-term defined as the 24-hr period beginning at issues in this ANPR must be received by maintenance of the striped bass stock. 0001 hours and ending at 2400 hours. 5 p.m., local time, on November 19, The latest stock assessment update (ii) Entire commercial fishery. During 2018. completed in 2016 determined that the a closure of the directed commercial ADDRESSES: You may submit comments Atlantic striped bass stock is not Atlantic mackerel fishery pursuant to overfished or experiencing overfishing. on this document, identified by NOAA– § 648.24(b)(1)(i), when 100 percent of NMFS promulgates regulations in NMFS–2018–0106, by any of the the DAH is harvested, vessels issued an Federal waters that are compatible with following methods: open or limited access Atlantic • Electronic Submission: Submit all the Commission’s ISFMP. The Atlantic mackerel permit may not take and electronic public comments via the Striped Bass Conservation Act (Pub. L. retain, possess, or land more than 5,000 Federal e-Rulemaking Portal. Go to 100–589, 16 U.S.C. 5151, et seq.) sets lb (2.26 mt) of Atlantic mackerel per trip www.regulations.gov/#!docketDetail; forth the basis for Federal striped bass at any time, and may only land Atlantic regulatory authority. Under the act, D=NOAA-NMFS-2018-0106, click the mackerel once on any calendar day, Federal Atlantic striped bass regulations ‘‘Comment Now!’’ icon, complete the which is defined as the 24-hr period must comply with the following: (1) Be required fields, and enter or attach your beginning at 0001 hours and ending at consistent with the national standards comments. 2400 hours. • Mail: Submit written comments to in Section 301 of the Magnuson-Stevens * * * * * Kelly Denit, Division Chief, Office of Fishery Conservation and Management [FR Doc. 2018–21616 Filed 10–3–18; 8:45 am] Act (Magnuson-Stevens Act) (16 U.S.C. Sustainable Fisheries, 1315 East-West BILLING CODE 3510–22–P 1851); (2) be compatible with the fishery Highway, SSMC3, Silver Spring, MD management plan for managing Atlantic 20910. • Fax: 301–713–1193; Attn: Kelly striped bass and each Federal DEPARTMENT OF COMMERCE Denit. moratorium in effect on fishing for Instructions: Comments sent by any Atlantic striped bass within the coastal National Oceanic and Atmospheric waters of a coastal state; (3) ensure the Administration other method, to any other address or individual, or received after the end of effectiveness of State regulations on the comment period, may not be fishing for Atlantic striped bass within 50 CFR Part 697 the coastal waters of a coastal state; and considered by NMFS. All comments [Docket No. 180709616–8616–01] received are a part of the public record (4) be sufficient to assure the long-term and will generally be posted for public conservation of Atlantic striped bass RIN 0648–BI07 populations. Further, in developing the viewing on www.regulations.gov regulations, the Secretary is to consult Fisheries of the United States; without change. All personal identifying with the Commission, the appropriate Regulations for Striped Bass Fishing information (e.g., name, address, etc.), Regional Fishery Management Councils in the Block Island Transit Zone confidential business information, or (Councils), and each affected Federal, otherwise sensitive information AGENCY: National Marine Fisheries state, and local government entity. submitted voluntarily by the sender will Existing Federal regulations prohibit Service (NMFS), National Oceanic and be publicly accessible. NMFS will Atmospheric Administration (NOAA), recreational and commercial fishing for accept anonymous comments (enter ‘‘N/ Atlantic striped bass in the EEZ. The Commerce. A’’ in the required fields if you wish to regulations do, however, allow fishers to ACTION: Advance notice of proposed remain anonymous). rulemaking; request for comments. transport Atlantic striped bass caught in FOR FURTHER INFORMATION CONTACT: adjoining state fisheries while transiting SUMMARY: NMFS issues this advance Kelly Denit, Division Chief, Office of the Block Island Transit Zone (Transit notice of proposed rulemaking (ANPR) Sustainable Fisheries, National Marine Zone; 50 CFR 697.7). The Transit Zone to provide background information and Fisheries Service, 301–427–8517. is defined in NMFS regulations as the make the public aware of a proposal to SUPPLEMENTARY INFORMATION: area of Federal waters within Block remove the current prohibition on Island Sound, located between areas recreational Atlantic striped bass fishing Background south of Montauk Point, New York, and in the Block Island Transit Zone Atlantic striped bass occur Point Judith, Rhode Island. The Transit (Transit Zone) within the Federal predominately within 12 nautical miles Zone area is unique because it is a small exclusive economic zone (EEZ). The from shore, an area which includes both area of Federal waters (Block Island ANPR is in response to the 2018 waters (0–3 miles from shore) under Sound) substantially bounded by state Omnibus Appropriations Act which state jurisdiction, as well as portions of waters (Long Island, New York on one included the provision directing NOAA, the Exclusive Economic Zone (3–200 side, Block Island, Rhode Island on in consultation with the Atlantic States miles from shore) under Federal another, and the mainland of Marine Fisheries Commission, to jurisdiction. Management responsibility Connecticut and Rhode Island on a third consider lifting the ban on striped bass for Atlantic striped bass resides side). fishing in the Federal Block Island primarily with the coastal states, and NMFS is considering revising current Transit Zone. NMFS communicated the interstate management occurs through regulations to authorize recreational intent to issue this ANPR at the Atlantic the Atlantic State Marine Fisheries fishing in the Block Island Transit Zone. States Marine Fisheries Commission’s Commission’s (Commission) Interstate This would allow recreational daltland on DSKBBV9HB2PROD with PROPOSALS August 2018 public meeting. By this Fisheries Management Plan for the fishermen to harvest, retain, and action, NMFS is soliciting public Atlantic Striped Bass (ISFMP), first transport striped bass within the Block comment on options presented to adopted in 1981. In 1995, the Island Transit Zone. The ANPR is in regulate fishing for striped bass in the Commission declared the Atlantic response to the 2018 Omnibus Transit Zone. In addition, comments on striped bass population fully restored Appropriations Act (Pub. L. 115–141) other options to improve management of and implemented Amendment 5 to the which included the provision directing Atlantic striped bass in the Transit Zone ISFMP to perpetuate the stock so as to ‘‘NOAA, in consultation with the are welcomed and encouraged. allow a commercial and recreational Atlantic States Marine Fisheries VerDate Sep<11>2014 16:40 Oct 03, 2018 Jkt 247001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\04OCP1.SGM 04OCP1

50062 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Proposed Rules Commission, to consider lifting the ban Populations,’’ which declared it the in this ANPR, as well as additional on striped bass fishing in the Federal policy of the United States to prohibit ideas to improve management of striped Block Island Transit Zone.’’ NMFS the sale of striped bass caught in the bass in the Block Island Transit Zone. communicated the intent to issue this EEZ. Authority: 16 U.S.C. 1827a. ANPR to the Atlantic States Marine Public Comments Fisheries Commission at the August Dated: September 28, 2018. 2018 meeting. NMFS is not proposing to To help determine the scope of issues Samuel D. Rauch, III, to be addressed and to identify Deputy Assistant Administrator for allow commercial striped bass fishing in significant issues related to this action, Regulatory Programs, National Marine the Transit Zone, consistent with NMFS is requesting public comments Fisheries Service. Executive Order 13449 (October 24, on this ANPR. The public is encouraged 2007; 72 FR 60531), ‘‘Protection of [FR Doc. 2018–21613 Filed 10–3–18; 8:45 am] to submit comments related to the Striped Bass and Red Drum Fish potential regulatory revisions described BILLING CODE 3510–22–P daltland on DSKBBV9HB2PROD with PROPOSALS VerDate Sep<11>2014 16:40 Oct 03, 2018 Jkt 247001 PO 00000 Frm 00025 Fmt 4702 Sfmt 9990 E:\FR\FM\04OCP1.SGM 04OCP1


Document Created: 2018-10-04 02:03:20
Document Modified: 2018-10-04 02:03:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAdvance notice of proposed rulemaking; request for comments.
DatesWritten comments regarding the issues in this ANPR must be received by 5 p.m., local time, on November 19, 2018.
ContactKelly Denit, Division Chief, Office of Sustainable Fisheries, National Marine Fisheries Service, 301-427-8517.
FR Citation83 FR 50061 
RIN Number0648-BI07
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