83 FR 57389 - Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2019 Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 221 (November 15, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 221 (November 15, 2018)
| Page Range | 57389-57395 | |
| FR Document | 2018-24946 |
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)] [Proposed Rules] [Pages 57389-57395] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24946] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 180906820-8820-01] RIN 0648-BI48 Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2019 Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS proposes 2019 specifications for the summer flounder and black sea bass fisheries and maintains previously established 2019 specifications for the scup fishery. Additionally, this action proposes to reopen the February 2018 black sea bass recreational fishery and to adjust to the current commercial incidental possession limit for scup. The implementing regulations for the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan require us to publish specifications for the upcoming fishing year for each of these species and to provide an opportunity for public comment. This action is intended to inform the public of the proposed specifications and management measures for the start of the 2019 fishing year for these three species. DATES: Comments must be received on or before November 30, 2018. ADDRESSES: An environmental assessment (EA) was prepared for this action that describes the proposed measures and other considered alternatives, and provides an analysis of the impacts of the proposed measures and alternatives. Copies of the Summer Flounder, Scup, and Black Sea Bass 2019 Specifications, including the EA, are available on request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 North State Street, Dover, DE 19901. These documents are also accessible via the internet at http://www.mafmc.org/s/SFSBSB_2019_specs_EA.pdf. You may submit comments on this document, identified by NOAA-NMFS- 2018-0110, by either of the following methods: [[Page 57390]] Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. 1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0110, 2. Click the ``Comment Now!'' icon, complete the required fields, and 3. Enter or attach your comments. --OR-- Mail: Submit written comments to Michael Pentony, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA, 01930. Mark the outside of the envelope, ``Comments on the Proposed Rule for the Summer Flounder, Scup, and Black Sea Bass 2019 Specifications.'' 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 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: Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. SUPPLEMENTARY INFORMATION: General Background The Mid-Atlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission) cooperatively manage the summer flounder, scup, and black sea bass fisheries. The Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and its implementing regulations outline the Council's process for establishing specifications. Specifications in these fisheries include various catch and landing subdivisions, such as the commercial and recreational sector annual catch limits (ACL), annual catch targets (ACT), and sector-specific landing limits (i.e., the commercial fishery quota and recreational harvest limit), as well as management measures, as needed, that are designed to ensure these catch limits will not be exceeded. Annual specifications may be established for three year periods, and, in interim years, specifications are reviewed by the Council to ensure previously established multi-year specifications remain appropriate. The FMP also contains formulas to divide the specification catch limits into commercial and recreational fishery allocations, state-by-state quotas, and quota periods, depending on the species in question. Rulemaking for measures used to manage the recreational fisheries (minimum fish sizes, open seasons, and bag limits) for these three species occurs separately, and typically takes place in the spring of each year. This action proposes 2019 specifications for summer flounder and black sea bass. The previously approved 2019 scup specifications (82 FR 60682; December 22, 2017) remain unchanged from the current two year specifications and are maintained through this action. The Council's Science and Statistical Committee (SSC) and Summer Flounder, Scup, and Black Sea Bass Monitoring Committee met in July 2018 to develop specification recommendations, including new acceptable biological catch limits (ABC) for summer flounder and black sea bass. The Council and the Commission's Summer Flounder, Scup, and Black Sea Bass Management Board (Board) met jointly August 14-15, 2018, to consider the SSC and Monitoring Committee's recommendations, receive public comments on those recommendations, and to formalize recommendations to the NMFS for catch limit specifications and commercial management measures. Recreational fishery management measures will be developed in early 2019. A summer flounder benchmark assessment, which will incorporate updated Marine Recreational Information Program (MRIP) data, is expected to be completed by early 2019. Operational assessments for black sea bass and scup that will also incorporate updated MRIP information will be completed in spring 2019. Because of this, the Council and Board have only recommended specifications for 2019. As explained below, the Council and Board are considering the specifications here as interim measures and will likely develop mid- year changes to the summer flounder specifications, if not also black sea bass, to address the updated assessment information, if necessary. Proposed 2019 Summer Flounder Specifications In June, the Northeast Fisheries Science Center (Center) provided the Council with a summer flounder data update. The data update provided a projection for stock biomass for 2019. Most state and Federal survey indices of abundance, with the exception of Massachusetts and Delaware, remain below their most recent peaks (generally 2009-2012) in the update. Recruitment indices in 2017 were highly variable. Based on the best available scientific information, the summer flounder stock is subject to overfishing but is not overfished. After reviewing the update, the SSC and Monitoring Committee recommended an interim ABC of 15.41 million lb (6,990 mt). At the joint August meeting, the Council and Board made recommendations for interim summer flounder specifications for the start of the 2019 fishing year (Table 1). Compared to 2018, the proposed interim 2019 ABC is a 16-percent increase. The results from the benchmark stock assessment are expected to be available in early 2019 following peer review in November 2018. The Council and Board intend to consider revising the 2019 summer flounder specifications at a joint meeting in February 2019 taking into account the benchmark stock assessment. If revisions are recommended at this meeting, we anticipate updated catch limits could be in place by early May 2019. Table 1--Current 2018 and Proposed 2019 Summer Flounder Specifications ---------------------------------------------------------------------------------------------------------------- 2018 (current) 2019 ---------------------------------------------------------------- Difference (%) million lb mt million lb mt ---------------------------------------------------------------------------------------------------------------- Overfishing Limits (OFL)........ 18.69 8,476 20.60 9,344 10 ABC............................. 13.23 5,999 15.41 6,990 16 Commercial ACL.................. 7.70 3,491 9.18 4,164 19 Commercial ACT.................. 7.70 3,491 9.18 4,164 19 Projected Commercial Discards... 1.07 485 1.47 667 2 Commercial Quota................ 6.63 3,006 7.72 3,502 16 Recreational ACL................ 5.53 2,508 6.22 2,821 12 [[Page 57391]] Recreational ACT................ 5.53 2,508 6.22 2,821 12 Projected Recreational Discards. 1.11 504 1.08 490 -3 Recreational Harvest Limit...... 4.42 2,004 5.15 2,336 16 ---------------------------------------------------------------------------------------------------------------- 2019 Summer Flounder Commercial Non-Landing Accountability Measure Our final 2017 catch accounting shows that the 2017 commercial fishery exceeded its ACL by 21 percent and the 2017 ABC was exceeded by 7 percent, due to higher than expected discards in the commercial fishery. Currently, the regulations require a pound-for-pound accountability measure (AM) that is applied to the commercial ACT when the ACL has been exceeded and the overage is caused by higher discards than those estimated prior to the fishing year. A final rule for a framework adjustment (Framework 13) that would modify this AM published on October 25, 2018 (83 FR 53825), and will be effective on November 26, 2018. That action adjusts this non-landings based AM to help account for the variability in commercial discard estimates and provide additional flexibility based on stock status and the biological consequences, if any, of estimated discard overages. In terms of impacts of the 2017 discard overage for 2019, the AM as modified by the pending framework would result in a scaled payback against the commercial fishery's ACT, based on the amount of the overage and the status of the summer flounder stock, using the most recent biological reference points. Based on the 2016 assessment update, this scaled payback would be 1.04 million lb (472 mt). This overage, when applied to the proposed 2019 commercial ACT of 9.18 million lb (3,502 mt), would result in a commercial quota of 6.67 million lb (3,030 mt), after subtracting the 2019 projected estimated discards. The resulting quota is less than one percent higher than the 2018 quota. Proposed 2019 Commercial State Quota Shares Table 2 presents the proposed state summer flounder allocations for 2019 using the commercial state quota allocations described in the FMP. Any commercial quota adjustments to account for commercial landings overages will be published in the final specification rule prior to the start of the respective fishing year. Table 2--2019 Proposed Initial Summer Flounder State Commercial Quotas ---------------------------------------------------------------------------------------------------------------- 2019 Initial quota 2019 Initial quota, including -------------------------------- AM accounting for 2017 non- FMP Percent landings overages (using AM as State share modified by Framework 13) lb kg ------------------------------- lb kg ---------------------------------------------------------------------------------------------------------------- ME.............................. 0.04756 3,672 1,665 3,172 1,439 NH.............................. 0.00046 36 16 31 14 MA.............................. 6.82046 526,540 238,834 454,925 206,350 RI.............................. 15.68298 1,210,726 549,176 1,046,055 474,482 CT.............................. 2.25708 174,247 79,037 150,547 68,287 NY.............................. 7.64699 590,348 267,777 510,054 231,357 NJ.............................. 16.72499 1,291,169 585,665 1,115,557 506,008 DE.............................. 0.01779 1,373 623 1,187 538 MD.............................. 2.0391 157,419 71,404 136,008 61,692 VA.............................. 21.31676 1,645,654 746,456 1,421,828 644,930 NC.............................. 27.44584 2,118,819 961,080 1,830,638 830,363 ------------------------------------------------------------------------------- Total....................... 100 7,720,000 3,501,733 6,670,000 3,025,461 ---------------------------------------------------------------------------------------------------------------- Note: Kilograms are as converted from lb and do not sum to the converted total due to rounding. Rounding of quotas results in totals slightly exceeding 100 percent. The Council and Board recommended no adjustment to the commercial minimum fish size (14-inch (35.6 cm) total length), gear requirements, and possession limits. The Council and Board will develop recreational management measures (i.e., minimum fish sizes, open seasons, and bag limits) for summer flounder this fall and NMFS rulemaking will occur in early spring of 2019. Proposed 2019 Black Sea Bass Specifications At the August meeting, the Council and Board made recommendations for the 2019 black sea bass specifications, but for reasons outlined below, we propose maintaining status quo measures currently in place for 2018. In June 2018, the Center provided the Council with a black sea bass data update, including updated catch, landings, and survey indices through 2017. Black sea bass biomass continues to be high and the 2015 year class appears to be above average in both the northern and southern surveys. Updated stock status information and biomass projections incorporating data on the 2015 year class are not available, but will be once the operational assessment is completed in April 2019. The SSC recommended a 2019 ABC of 7.97 million lb (3,615 mt), which was based on biomass projections from the 2016 benchmark stock assessment. This ABC would be an 11-percent reduction [[Page 57392]] compared to the 2018 ABC. This declining pattern of ABCs reflects the population responding to fishing at maximum sustainable yield and the decrease of the large 2011 year class, but does not incorporate the information on the 2015 year class. Based on this ABC recommendation, the Council and Board recommended the 2019 specifications outlined in Table 3. Following the Council and Board meeting, the Center performed a sensitivity analysis of the 2019 projection derived from the 2016 benchmark stock assessment. As previously described, that projection did not include the 2015 year class because those fish were too small to be widely captured in the surveys at the time of the 2016 assessment. This sensitivity analysis used various recruitment scenarios applied to the original projection and compared them to the most recent survey indices. The objective of this analysis was to see if that projection would have supported different specifications for 2019 had we been able to incorporate what we know now about the strength of the 2015 year class. The results suggest that the 2015 year class would only have to be about 50 percent above average to allow for 2019 catch limits to be the same as what they were in 2018. Based on a comparison between the Center's 2018 spring survey results and average recruitment from 2003-2018, the 2015 year class appears to be well more than 50 percent above average. Based on this information, we propose maintaining status quo black sea bass specifications for 2019 (Table 3). Table 3--Proposed 2019 Black Sea Bass Specifications [In millions of lb] ---------------------------------------------------------------------------------------------------------------- Proposed NMFS Recommendation Council and Board (Status Quo 2018) Recommendation --------------------------------------------------------------- million lb mt million lb mt ---------------------------------------------------------------------------------------------------------------- OFL............................................. 10.29 4,667 9.18 4,164 ABC............................................. 8.94 4,055 7.97 3,615 Commercial ACL.................................. 4.35 1,974 3.88 1,760 Commercial ACT.................................. 4.35 1,974 3.88 1,760 Projected Commercial Discards................... 0.83 377 0.74 336 Commercial Quota................................ 3.52 1,596 3.14 1,424 Recreational ACL................................ 4.59 2,083 4.10 1,860 Recreational ACT................................ 4.59 2,083 4.10 1,860 Projected Recreational Discards................. 0.93 422 0.83 376 Recreational Harvest Limit...................... 3.66 1,661 3.27 1,483 ---------------------------------------------------------------------------------------------------------------- Maintaining status quo would allow for stability in the black sea bass commercial and recreational fisheries while we wait for the results of the MRIP operational assessment to be completed in April 2019. Once that information is available, the Council and Board may recommend adjusting black sea bass measures mid-year. The Council and Board recommended no adjustment to the commercial minimum fish size (11-inch (27.9 cm) total length), gear requirements, and possession limits. Recreational Black Sea Bass Wave 1 Fishery This action also proposes reopening the black sea bass recreational fishery for the month of February (during MRIP Wave 1). The current Federal black sea bass recreational management measures (i.e., a 12.5- inch (31.8-cm) minimum size and a possession limit of 15 fish) would apply to the fishery for this limited winter season. The intent of this action is to allow for some recreational fishing access during a portion of Wave 1 in 2019. There are currently no MRIP survey estimates collected for Wave 1, but catch from this time period must be accounted for, and count against the recreational harvest limit. Similar to last year, to account for the harvest during this 28-day season, the Council and Board recommended a catch estimate of 100,000 lb (45.3 mt). States that decide to participate in the Wave 1 fishery must account for this catch when developing their management measures for the remainder of the fishing year. Only two states participated in the 2018 February recreational fishery. The estimated catch was nominal. Measures for the rest of the 2019 recreational fishery will be developed through the winter for implementation in spring 2019. 2019 Scup Specifications The scup fishery is currently operating under multi-year specifications projected through 2019. The Council received a data update indicating that biomass continues to be high, and the 2015 year class appears to be above average. In response, the Council and Board made no adjustments to the previously implemented multi-year specifications set in August 2017. This action reaffirms the Council's and Board's previous recommendation for scup 2019 specifications. Those specifications result in the same commercial quota and recreational harvest limit as implemented in 2018 (Table 4). Table 4--Scup Specifications for 2019 ------------------------------------------------------------------------ million lb mt ------------------------------------------------------------------------ OFL..................................... 41.03 18,612 ABC..................................... 36.43 16,525 Commercial ACL.......................... 28.42 12,890 Commercial ACT.......................... 28.42 12,890 Commercial Discards..................... 4.43 2,011 Commercial Quota........................ 23.98 10,879 Recreational ACL........................ 8.01 3,636 Recreational ACT........................ 8.01 3,636 [[Page 57393]] Recreational Discards................... 0.65 293 Recreational Harvest Limit.............. 7.37 3,342 ------------------------------------------------------------------------ The 2019 scup commercial quota is divided into three commercial fishery quota periods, as outlined in Table 5. Table 5--Commercial Scup Quota Allocations for 2019 by Quota Period ---------------------------------------------------------------------------------------------------------------- 2019 Initial quota Quota period Percent share ------------------------------- lb mt ---------------------------------------------------------------------------------------------------------------- Winter I........................................................ 45.11 10,820,000 4,908 Summer.......................................................... 38.95 9,340,986 4,237 Winter II....................................................... 15.94 3,822,816 1,734 ----------------------------------------------- Total....................................................... 100.0 23,983,802 10,879 ---------------------------------------------------------------------------------------------------------------- Note: Metric tons are as converted from lb and may not necessarily total due to rounding. The current quota period possession limits are not changed by this action, and are outlined in Table 6. The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period's allocation. If the Winter I quota is not fully harvested, the remaining quota is transferred to Winter II. The Winter II possession limit may be adjusted (in association with a transfer of unused Winter I quota to the Winter II period) via notice in the Federal Register. The regulations specify that the Winter II possession limit increases consistent with the increase in the quota, as described in Table 7. Table 6--Commercial Scup Possession Limits by Quota Period ---------------------------------------------------------------------------------------------------------------- Federal possession limits (per trip) Quota period Percent share ------------------------------- lb kg ---------------------------------------------------------------------------------------------------------------- Winter I........................................................ 45.11 50,000 22,680 Summer.......................................................... 38.95 N/A N/A Winter II....................................................... 15.94 12,000 5,443 Total....................................................... 100.0 N/A N/A ---------------------------------------------------------------------------------------------------------------- Table 7--Potential Increase in Winter II Possession Limits Based on the Amount of Unused Scup Rolled Over From Winter I to Winter II -------------------------------------------------------------------------------------------------------------------------------------------------------- Initial Winter II possession limit Rollover from Winter I to Winter II Increase in Initial Winter II Final Winter II possession ----------------------------------------------------------------------------------------- possession limit limit after rollover from -------------------------------- Winter I to Winter II lb kg lb kg ------------------------------- lb kg lb kg -------------------------------------------------------------------------------------------------------------------------------------------------------- 12,000...................... 5,443 0-499,999 0-226,796 0 0 12,000 5,443 12,000...................... 5,443 500,000-999,999 226,796-453,592 1,500 680 13,500 6,123 12,000...................... 5,443 1,000,000-1,499,999 453,592-680,388 3,000 1,361 15,000 6,804 12,000...................... 5,443 1,500,000-1,999,999 680,389-907,184 4,500 2,041 16,500 7,484 12,000...................... 5,443 * 2,000,000-2,500,000 907,185-1,133,981 6,000 2,722 18,000 8,165 -------------------------------------------------------------------------------------------------------------------------------------------------------- * This process of increasing the possession limit in 1,500 lb (680 kg) increments would continue past 2,500,000 lb (1,122,981 kg), but we end here for the purpose of this example. Adjustment to the Commercial Scup Gear-Based Possession Limit Thresholds This action proposes adjustments to the gear-based incidental possession limit for the commercial fishery. The incidental possession limit applies to vessels with commercial moratorium scup permits fishing with nets with diamond mesh smaller than 5 inches (12.7 cm) in diameter. The incidental possession limit is currently 1,000 lb (454 kg) during October 1-April 30 and 200 lb (91 kg) during May 1-September 30. The action would add another threshold period from April 15-June 15 to allow for higher retention in the small-mesh squid fishery that operates during that time and occasionally catches larger amounts of scup than the current limits allow to be landed (Table 8). During that time, vessels with scup moratorium permits using small mesh [[Page 57394]] could land up to 2,000 lb (907 kg) of scup. [GRAPHIC] [TIFF OMITTED] TP15NO18.002 The Council and Board made no adjustments to the current commercial minimum fish size (9-inch (22.9-cm) total length) and winter quota period directed-fishery possession limits. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The Mid-Atlantic Fishery Management Council conducted an evaluation of the potential socioeconomic impacts of the proposed measures in conjunction with an environmental assessment. According to the commercial ownership database, 771 affiliate firms landed summer flounder and/or black sea bass during the 2015-2017 period, with 762 of those business affiliates categorized as small businesses and nine categorized as large businesses. Summer flounder and black sea bass represented approximately 4 percent of the average receipts of the small entities and 1 percent for large entities considered over this time period. The ownership data for the for-hire fleet indicate that there were 869 for-hire affiliate firms with summer flounder and/or black sea bass permits generating revenues from recreationally fishing, all of which are categorized as small businesses. Although it is not possible to derive what proportion of the overall revenues came from specific fishing activities, given the popularity of these three species as recreational targets it is likely that revenues generated from these species are important for some, if not all, of these firms. For the summer flounder fishery, the proposed measures would increase both the 2019 commercial quota and the 2019 recreational harvest limit. Even though there will be an AM applied to the commercial summer flounder fishery, the resulting commercial quota will still be a slight increase from 2018. For the black sea bass fishery, the proposed measures would result in a 2019 commercial quota and a 2019 recreational harvest limit that are identical to what was in place for 2018. As a result, this action is not expected to adversely impact revenues for vessels that fish for summer flounder and black sea bass commercially. The increase in the summer flounder recreational harvest limit does not directly impact the party/charter fishery. Future regulatory action may be needed to adjust current summer flounder, black sea bass, and scup recreational management measures (i.e., bag limits, seasons, and minimum sizes), and consideration of the impact of those potential future measures on small entities engaged in the for- hire fishery will be evaluated at that time, should such a regulatory action become necessary. Because this rule will not have a significant economic impact on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared. There are no new reporting or recordkeeping requirements contained in any of the alternatives considered for this action. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Recordkeeping and reporting requirements. Dated: November 9, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows: PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES 0 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 0 2. In Sec. 648.125, paragraphs (a)(1) and (a)(5) are revised to read as follows: Sec. 648.125 Scup gear restrictions. (a) * * * (1) Minimum mesh size. No owner or operator of an otter trawl vessel that is issued a scup moratorium permit may possess more than 1,000 lb (454 kg) of scup from October 1 through April 14, more than 2,000 lb (907 kg) from April 15 through June 15, or more than 200 lb (91 kg) of scup from June 16 through September 30, unless fishing with nets that have a minimum mesh size of 5.0-inch (12.7-cm) diamond mesh, applied throughout the codend for at least 75 continuous meshes forward of the terminus of the net, and all other nets are stowed and not available for immediate use as defined in Sec. 648.2. * * * * * (5) Stowage of nets. The owner or operator of an otter trawl vessel retaining 1,000 lb (454 kg) or more of scup from October 1 through April 14, 2,000 lb (907 kg) or more of scup from April 15 through June 15, or 200 lb (90.7 kg) or more of scup from June 16 through September 30, and subject to the minimum mesh requirements in paragraph (a)(1) of this section, and the owner or operator of a midwater trawl or other trawl vessel subject to the minimum size requirement in Sec. 648.126, may not have available for immediate use any net, or any piece of net, not meeting the minimum mesh size requirement, or mesh that is rigged in a [[Page 57395]] manner that is inconsistent with the minimum mesh size. A net that is stowed and not available for immediate use as defined in Sec. 648.2, and that can be shown not to have been in recent use, is considered to be not available for immediate use. * * * * * 0 3. Section 648.146 is revised to read as follows: Sec. 648.146 Black sea bass recreational fishing season. Vessels that are not eligible for a moratorium permit under Sec. 648.4(a)(7), and fishermen subject to the possession limit specified in Sec. 648.145(a), may only possess black sea bass from February 1 through February 28, May 15 through December 31, unless this time period is adjusted pursuant to the procedures in Sec. 648.142. [FR Doc. 2018-24946 Filed 11-14-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Proposed Rules 57389
justification of the need for the identified threats, assessment results, DEPARTMENT OF COMMERCE
extension. data integration, and risk analysis, or (ii)
To implement this authority, PHMSA using the intervals specified in Table 3 National Oceanic and Atmospheric
is issuing guidance on what constitutes of ASME/ANSI B31.8S. An operator Administration
sufficient justification to extend a gas using the former option
pipeline operator’s 7-year integrity (§ 192.939(a)(1)(i)) could establish 50 CFR Part 648
management reassessment interval by intervals longer than those in Table 3.
up to 6 months if the operator submits The intervals that can be established by [Docket No. 180906820–8820–01]
written notice. PHMSA invites either method are limited to the
interested individuals to participate by maximum intervals in the table in RIN 0648–BI48
reviewing the FAQs provided below and § 192.939.
submitting written comments, data, or Fisheries of the Northeastern United
other information. Please include any Pressure tests used as integrity States; Summer Flounder, Scup, and
comments on potential safety and management assessments must meet the Black Sea Bass Fisheries; 2019
environmental impacts that may result requirements of Subpart J, including Specifications
from issuance of the FAQs. Before required test pressures. Higher test
finalizing the FAQs, PHMSA will pressures must be used to justify AGENCY: National Marine Fisheries
evaluate all comments received on or extended reassessment intervals Service (NMFS), National Oceanic and
before the comment closing date. (§ 192.937(c)(2)). As used here Atmospheric Administration (NOAA),
PHMSA will consider all relevant ‘‘extended reassessment intervals’’ Commerce.
comments we receive prior to the refers to any interval longer than 7 years ACTION: Proposed rule; request for
deadline when making changes to the as required by §§ 192.937(a) and comments.
final FAQs. Comments received after the 192.939(a) and (b).
closing date will be evaluated to the SUMMARY: NMFS proposes 2019
Operators conducting assessments by specifications for the summer flounder
extent practicable.
Once finalized, PHMSA’s FAQs will pressure testing and who use test and black sea bass fisheries and
be posted on PHMSA’s public website at pressures meeting Subpart J maintains previously established 2019
https://primis.phmsa.dot.gov/gasimp/ requirements may establish a specifications for the scup fishery.
faqs.htm: reassessment interval of 7 years, unless Additionally, this action proposes to
Guidance on the Extension of the 7- their analysis under § 192.939(a)(i) reopen the February 2018 black sea bass
year Integrity Management indicates a need for a shorter interval. recreational fishery and to adjust to the
Reassessment Interval by 6 Months This is true even if Table 3 would lead current commercial incidental
(FAQs): to a shorter interval. possession limit for scup. The
• NEW FAQ–281. How do I extend Operators who use Table 3 test
implementing regulations for the
the assessment schedule beyond 7 Summer Flounder, Scup, and Black Sea
pressures may establish reassessment
years? Bass Fishery Management Plan require
intervals in accordance with Table 3 up us to publish specifications for the
Notify PHMSA, in accordance with 49 to the maximums listed in the table in
CFR 192.949, of the need for an upcoming fishing year for each of these
§ 192.939, again unless their analysis species and to provide an opportunity
extension, which may not exceed 6
under § 192.939(a)(i) indicates a need for public comment. This action is
months. The notification must be made
for a shorter interval. Operators who intended to inform the public of the
180 days prior to end of the 7-year
assessment date and include sufficient establish intervals longer than 7 years proposed specifications and
information to justify the extension. must conduct a confirmatory direct management measures for the start of
• NEW FAQ–282. What constitutes assessment within the 7-year period. the 2019 fishing year for these three
sufficient information to justify (For segments operating at less than species.
extension of the assessment interval? 30% specified maximum yield strength,
DATES: Comments must be received on
Documentation is required to comply a low-stress reassessment per § 192.941 or before November 30, 2018.
with 49 CFR 192.943 and include: may be conducted in lieu of
ADDRESSES: An environmental
—An explanation as to why the confirmatory direct assessment—see
assessment (EA) was prepared for this
deadline could not be met and how it § 192.939(b)(1)).
action that describes the proposed
will not compromise safety, and PHMSA may extend the 7-year measures and other considered
—Identification of any additional interval for an additional 6 months if alternatives, and provides an analysis of
actions necessary to ensure public the operator submits written notice that the impacts of the proposed measures
safety during the extension time includes sufficient justification and alternatives. Copies of the Summer
period. regarding the need for an extension Flounder, Scup, and Black Sea Bass
• REVISED FAQ–207. Table 3 of (Reference FAQ–281 and 282). 2019 Specifications, including the EA,
ASME/ANSI B31.8S indicates that Issued in Washington, DC, on November 7, are available on request from Dr.
reassessment intervals must be 5 years 2018, under authority delegated in 49 CFR Christopher M. Moore, Executive
for some instances in which test 1.97. Director, Mid-Atlantic Fishery
pressure was higher than would be Management Council, Suite 201, 800
khammond on DSK30JT082PROD with PROPOSAL
Alan K. Mayberry,
required by subpart J. If I conduct my North State Street, Dover, DE 19901.
assessments in accordance with Subpart Associate Administrator for Pipeline Safety. These documents are also accessible via
J, must I reassess more frequently than [FR Doc. 2018–24774 Filed 11–14–18; 8:45 am] the internet at http://www.mafmc.org/s/
once every 7 years? BILLING CODE 4910–60–P SFSBSB_2019_specs_EA.pdf.
Section 192.939(a)(1) specifies You may submit comments on this
requirements for establishing document, identified by NOAA–NMFS–
reassessment intervals. Two options are 2018–0110, by either of the following
allowed: (i) Basing the interval on methods:
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compared to the 2018 ABC. This benchmark stock assessment. As now about the strength of the 2015 year
declining pattern of ABCs reflects the previously described, that projection class. The results suggest that the 2015
population responding to fishing at did not include the 2015 year class year class would only have to be about
maximum sustainable yield and the because those fish were too small to be 50 percent above average to allow for
decrease of the large 2011 year class, but widely captured in the surveys at the 2019 catch limits to be the same as what
does not incorporate the information on time of the 2016 assessment. This they were in 2018. Based on a
the 2015 year class. Based on this ABC sensitivity analysis used various comparison between the Center’s 2018
recommendation, the Council and Board recruitment scenarios applied to the spring survey results and average
recommended the 2019 specifications original projection and compared them recruitment from 2003–2018, the 2015
outlined in Table 3. to the most recent survey indices. The year class appears to be well more than
Following the Council and Board objective of this analysis was to see if 50 percent above average. Based on this
meeting, the Center performed a that projection would have supported information, we propose maintaining
sensitivity analysis of the 2019 different specifications for 2019 had we status quo black sea bass specifications
projection derived from the 2016 been able to incorporate what we know for 2019 (Table 3).
TABLE 3—PROPOSED 2019 BLACK SEA BASS SPECIFICATIONS
[In millions of lb]
Proposed NMFS Recommenda- Council and Board
tion (Status Quo 2018) Recommendation
million lb mt million lb mt
OFL .................................................................................................................. 10.29 4,667 9.18 4,164
ABC .................................................................................................................. 8.94 4,055 7.97 3,615
Commercial ACL .............................................................................................. 4.35 1,974 3.88 1,760
Commercial ACT ............................................................................................. 4.35 1,974 3.88 1,760
Projected Commercial Discards ...................................................................... 0.83 377 0.74 336
Commercial Quota ........................................................................................... 3.52 1,596 3.14 1,424
Recreational ACL ............................................................................................. 4.59 2,083 4.10 1,860
Recreational ACT ............................................................................................ 4.59 2,083 4.10 1,860
Projected Recreational Discards ..................................................................... 0.93 422 0.83 376
Recreational Harvest Limit .............................................................................. 3.66 1,661 3.27 1,483
Maintaining status quo would allow size and a possession limit of 15 fish) fishery will be developed through the
for stability in the black sea bass would apply to the fishery for this winter for implementation in spring
commercial and recreational fisheries limited winter season. The intent of this 2019.
while we wait for the results of the action is to allow for some recreational
MRIP operational assessment to be fishing access during a portion of Wave 2019 Scup Specifications
completed in April 2019. Once that 1 in 2019. The scup fishery is currently
information is available, the Council There are currently no MRIP survey
operating under multi-year
and Board may recommend adjusting estimates collected for Wave 1, but
catch from this time period must be specifications projected through 2019.
black sea bass measures mid-year. The Council received a data update
The Council and Board recommended accounted for, and count against the
no adjustment to the commercial recreational harvest limit. Similar to last indicating that biomass continues to be
minimum fish size (11-inch (27.9 cm) year, to account for the harvest during high, and the 2015 year class appears to
total length), gear requirements, and this 28-day season, the Council and be above average. In response, the
possession limits. Board recommended a catch estimate of Council and Board made no adjustments
100,000 lb (45.3 mt). States that decide to the previously implemented multi-
Recreational Black Sea Bass Wave 1 to participate in the Wave 1 fishery year specifications set in August 2017.
Fishery must account for this catch when This action reaffirms the Council’s and
This action also proposes reopening developing their management measures Board’s previous recommendation for
the black sea bass recreational fishery for the remainder of the fishing year. scup 2019 specifications. Those
for the month of February (during MRIP Only two states participated in the 2018 specifications result in the same
Wave 1). The current Federal black sea February recreational fishery. The commercial quota and recreational
bass recreational management measures estimated catch was nominal. Measures harvest limit as implemented in 2018
(i.e., a 12.5-inch (31.8-cm) minimum for the rest of the 2019 recreational (Table 4).
TABLE 4—SCUP SPECIFICATIONS FOR 2019
million lb mt
khammond on DSK30JT082PROD with PROPOSAL
OFL .......................................................................................................................................................................... 41.03 18,612
ABC .......................................................................................................................................................................... 36.43 16,525
Commercial ACL ...................................................................................................................................................... 28.42 12,890
Commercial ACT ..................................................................................................................................................... 28.42 12,890
Commercial Discards ............................................................................................................................................... 4.43 2,011
Commercial Quota ................................................................................................................................................... 23.98 10,879
Recreational ACL ..................................................................................................................................................... 8.01 3,636
Recreational ACT .................................................................................................................................................... 8.01 3,636
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![Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Proposed Rules 57395
manner that is inconsistent with the ADDRESSES: You may submit comments, selective gears: (1) For the Georges Bank
minimum mesh size. A net that is identified by NOAA–NMFS–2018–0119, yellowtail accountability measure (AM);
stowed and not available for immediate by either of the following methods: and (2) for the southern windowpane
use as defined in § 648.2, and that can • Electronic Submission: Submit all AM.
be shown not to have been in recent use, electronic public comments via the The small-mesh trawl fishery (e.g.,
is considered to be not available for Federal eRulemaking Portal. whiting and squid) has a sub-annual
immediate use. 1. Go to www.regulations.gov/ catch limit (sub-ACL) and AM for
* * * * * #!docketDetail;D=NOAA-NMFS-2018- Georges Bank yellowtail flounder. If
■ 3. Section 648.146 is revised to read 0119; catch exceeds the sub-ACL, the AM
as follows: 2. Click the ‘‘Comment Now!’’ icon requires small-mesh trawl vessels to use
and complete the required fields; and selective trawl gear that reduces flatfish
§ 648.146 Black sea bass recreational 3. Enter or attach your comments. catch in certain areas for the subsequent
fishing season.
• Mail: Submit written comments to fishing year.
Vessels that are not eligible for a Michael Pentony, Regional Southern windowpane flounder is
moratorium permit under § 648.4(a)(7), Administrator, National Marine allocated to three fishery components:
and fishermen subject to the possession Fisheries Service, 55 Great Republic Groundfish; scallops; and, other non-
limit specified in § 648.145(a), may only Drive, Gloucester, MA 01930. Mark the groundfish fisheries. The other (non-
possess black sea bass from February 1 outside of the envelope, ‘‘Comments on groundfish) component is primarily the
through February 28, May 15 through the Proposed Rule for Selective Gear.’’ scup, fluke, squid, and whiting
December 31, unless this time period is Instructions: All comments received fisheries. If the AM for the other (non-
adjusted pursuant to the procedures in that were timely and properly submitted groundfish) component is triggered,
§ 648.142. are a part of the public record and will vessels fishing with any trawl gear with
[FR Doc. 2018–24946 Filed 11–14–18; 8:45 am] generally be posted for public viewing a codend mesh size greater than, or
BILLING CODE 3510–22–P on www.regulations.gov without change. equal to 5 in (12.7 cm), are required to
All personal identifying information use one of the approved selective trawl
(e.g., name, address, etc.), confidential gears to reduce flatfish bycatch in
DEPARTMENT OF COMMERCE business information, or otherwise certain areas in Southern New England
sensitive information submitted in a subsequent year.
National Oceanic and Atmospheric The selective trawl gears approved for
voluntarily by the sender will be
Administration use under these AMs are: Haddock
publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in separator trawl; Ruhle trawl; and rope
50 CFR Part 648 separator trawl. When we adopted the
the required fields if you wish to remain
[Docket No. 151124999–8985–01] AMs for the non-groundfish fisheries,
anonymous). Comments sent by any
many industry members expressed
RIN 0648–BF57 other method, to any other address or
concern that the selective trawl gears
individual, or received after the end of
currently approved for use were not
Magnuson-Stevens Act Provisions; the comment period, may not be
suitable for their fisheries. To address
Fisheries of the Northeastern United considered by us.
this concern, Cornell University
States; Northeast Multispecies FOR FURTHER INFORMATION CONTACT: conducted a series of studies to test the
Fishery; Approval of New Gear Under Emily Keiley, Fishery Management effectiveness of a new selective gear, the
Small-Mesh Fisheries Accountability Specialist, phone: (978) 281–9116; large-mesh belly panel, in several non-
Measures email: Emily.Keiley@noaa.gov. groundfish fisheries. The experimental
AGENCY: National Marine Fisheries SUPPLEMENTARY INFORMATION: gear included a large-mesh panel to
Service (NMFS), National Oceanic and replace the first bottom belly of the
Background
Atmospheric Administration (NOAA), trawl net that allows flatfish such as
Commerce. The Northeast Multispecies Fishery windowpane and yellowtail flounder to
ACTION: Proposed rule; request for
Management Plan (FMP) requires the escape.
comments. use of selective trawl gear in certain Cornell University conducted two
times and areas. The FMP specifies the studies in 2014 to investigate using a
SUMMARY: We propose to approve new list of selective trawl gear that meet the large-mesh belly panel in a small-mesh
selective trawl gear for use in several required selectivity standards. The FMP trawl net typical of those used in the
non-groundfish fisheries when subject also authorizes NMFS to approve squid and whiting fisheries on Georges
to the Georges Bank yellowtail flounder additional selective gear, at the request Bank. Both experiments demonstrated a
accountability measure. The proposed of the New England Fishery statistically significant reduction in
selective gear would reduce bycatch of Management Council, if the gear meets catch of more than 50 percent of
groundfish species, while allowing the the regulatory requirements for new Georges Bank yellowtail flounder on a
target fisheries to continue operating selective gear. The regulations trip-by-trip basis, as required by
when selective trawl gear is required. (§ 648.85(b)(6)(iv)(J)(2)(i)) require that regulations, without a significant
Approving this selective trawl gear new selective gear must either: reduction in squid and whiting catch.
would provide the fishing industry with Demonstrate a statistically significant These studies also demonstrated that
more flexibility because there are reduction in catch of at least 50 percent, the large-mesh belly panel reduced
khammond on DSK30JT082PROD with PROPOSAL
limited selective trawl gears currently by weight, on a trip-by-trip basis, of catch, by more than 50 percent per trip,
approved for use. We also propose to each regulated species stock of concern, of stocks that are overfished or subject
disapprove the use of this gear in the or, catch of stocks of concern must be to overfishing.
southern windowpane accountability less than 5 percent of the total catch of Cornell University conducted an
measure areas. regulated groundfish (by weight, on a additional study in 2015 to investigate
DATES: Written comments must be trip-by-trip basis). The Council using a large-mesh belly panel in a trawl
received on or before December 17, submitted two requests to add the large- net typical of those used in the scup
2018. mesh belly panel to the list of approved fishery in southern New England
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Document Created: 2018-11-15 04:01:00
Document Modified: 2018-11-15 04:01:00
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; request for comments. | |
| Dates | Comments must be received on or before November 30, 2018. | |
| Contact | Emily Gilbert, Fishery Policy Analyst, (978) 281-9244. | |
| FR Citation | 83 FR 57389 | |
| RIN Number | 0648-BI48 | |
| CFR Associated | Fisheries; Fishing and Recordkeeping and Reporting Requirements |
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