83_FR_785 83 FR 780 - Fisheries of the Northeastern United States; Black Sea Bass Fishery; 2018 February Recreational Management Measures

83 FR 780 - Fisheries of the Northeastern United States; Black Sea Bass Fishery; 2018 February Recreational Management Measures

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 5 (January 8, 2018)

Page Range780-782
FR Document2018-00065

NMFS proposes recreational management measures for a February 2018 black sea bass fishery. The proposed action is intended to provide additional recreational black sea bass fishing opportunities while maintaining management measures to prevent overfishing. This action is also intended to inform the public of these proposed measures and to provide an opportunity for comment.

Federal Register, Volume 83 Issue 5 (Monday, January 8, 2018)
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Proposed Rules]
[Pages 780-782]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00065]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 171023999-7999-01]
RIN 0648-BH35


Fisheries of the Northeastern United States; Black Sea Bass 
Fishery; 2018 February Recreational Management Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes recreational management measures for a February 
2018 black sea bass fishery. The proposed action is intended to provide 
additional recreational black sea bass fishing opportunities while 
maintaining management measures to prevent overfishing. This action is 
also intended to inform the public of these proposed measures and to 
provide an opportunity for comment.

DATES: Comments must be received by 5 p.m. local time, on January 23, 
2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2017-0151, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0151,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
--OR--
    Mail: Submit written comments to John Bullard, 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 2018 Black Sea Bass February 
Recreational Fishery.''
    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).
    A draft environmental assessment (EA) has been prepared for this 
action that describes the proposed measures and other considered 
alternatives, as well as provides an analysis of the impacts of the 
proposed measures and alternatives. Copies of this draft EA, including 
the Regulatory Flexibility Act Analysis (RFAA) and Regulatory Impact 
Review (RIR), are available online at 
www.greateratlantic.fisheries.noaa.gov, or on request from John 
Bullard, Regional Administrator, National Marine Fisheries Service, 55 
Great Republic Drive, Gloucester, MA 01930.

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

SUPPLEMENTARY INFORMATION: 

General Background

    The Mid-Atlantic Fishery Management Council and the Atlantic States 
Marine Fisheries Commission jointly manage the summer flounder, scup, 
and black sea bass fisheries under the provisions of the Summer 
Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). The 
management unit specified in the FMP for black sea bass (Centropristis 
striata) is U.S. waters of the Atlantic Ocean from 35 E 13.3' N lat. 
(the latitude of Cape Hatteras Lighthouse, Buxton, North Carolina) 
north to the U.S./Canada border. States manage black sea bass through 
the Commission's plan within 3 nautical miles (4.83 km) of their 
coasts. The applicable Federal regulations govern vessels and 
individual anglers fishing in Federal waters of the exclusive economic 
zone

[[Page 781]]

(EEZ), as well as vessels possessing a Federal black sea bass charter/
party vessel permit, regardless of where they fish. The recreational 
fishery is essentially managed with four parts: The recreational 
harvest limit; the open season; minimum fish size; and a per-angler 
possession limit. The recreational harvest limit is established based 
on the specifications formula in the FMP. The open season, minimum fish 
size, and bag limit are collectively referred to as the ``recreational 
management measures.''

Action Background

    In 2017, the results of the 2016 benchmark assessment showed that 
the black sea bass stock is not overfished, overfishing is not 
occurring, and biomass is 2.3 times higher than the biomass target. 
These findings led both the Council and Commission to reconsider 
reopening a recreational Wave 1 (January and February) black sea bass 
fishery in 2018 as a way to increase access and recreational fishing 
opportunity while still constraining landings within the recreational 
harvest limit. The current Federal recreational black sea fishing 
seasons are May 15 through September 21 and October 22 through December 
31, and the last time this fishery was open during Wave 1 was in 2013.
    In October 2017, both the Council and Commission approved the 
addition of a February-only black sea bass recreational season for 
2018, with the continued recreational measures of a 15-fish per-angler 
possession limit, and a 12.5-inch (31.75-cm) minimum size. The Council 
also agreed to work on the implementation of a winter recreational 
Letter of Authorization (LOA) program for 2019 and beyond. The LOA 
program would provide more robust monitoring and reporting for a 
limited winter recreational fishery; however, changes of this magnitude 
require a framework adjustment to the FMP and cannot be developed in 
time for 2018.

Proposed Action

    This action proposes to revise the current 2018 Federal 
recreational management measures for black sea bass to include an 
additional 28-day fishing season during the month of February. The 
current recreational management measures of a 12.5-inch (31.75-cm) 
minimum fish size and 15-fish possession limit would also apply. To 
account for expected harvest during this February season, the Council 
and Commission calculated a catch estimate of 100,000 lb (45.36 mt). 
Because there are no Marine Recreational Information Program survey 
data for Wave 1 in the black sea bass fishery, this catch estimate is 
based on 2013 vessel trip report (VTR) data from federally permitted 
for-hire vessels that was expanded to account for potential effort from 
the private/rental and shore modes. We propose to reduce the 2018 black 
sea bass recreational harvest limit (3.66 million lb, 1,661 mt) by the 
estimated catch of 100,000 lb (45.36 mt), consistent with the Council 
and Commission recommendation. However, only states that participate in 
the proposed February fishery will be accountable for this estimated 
catch. Participating states would be required to adjust measures for 
the remainder of 2018, developed through the Commission process, to 
account for the estimated February catch.
    This action is only intended to be in place for the 2018 fishing 
year. The intent of this proposed action is to allow for some 
recreational fishing access during Wave 1 in 2018 while the long-term 
framework adjustment is developed. The Council and Commission will 
develop and make recommendations on management measures for the 
remainder of the 2018 recreational fishery, including those to 
accommodate this additional winter season, throughout the spring of 
2018.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery 
Conservation and Management Act (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.
    NMFS prepared an initial regulatory flexibility analysis (IRFA), as 
required by section 603 of the Regulatory Flexibility Act (RFA), to 
examine the impacts of this proposed rule on small business entities, 
if adopted. A description of the management measures, why they are 
being considered, and the legal basis for this action are contained at 
the beginning of this section and in the preamble to this proposed 
rule. A copy of the RFA analysis is available from NMFS (see 
ADDRESSES).

Description of the Reasons Why Action by the Agency Is Being Considered

    This action proposes a revision to the 2018 Federal recreational 
management measures for black sea bass to include an additional 28-day 
fishing season during the month of February. The proposed measures 
would increase recreational fishing access and opportunity while still 
constraining landings within the recreational harvest limit.

Statement of the Objectives of, and Legal Basis for, This Proposed Rule

    The legal basis and objectives for this action are contained in the 
preamble to this proposed rule, and are not repeated here.

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

    The North American Industry Classification System (NAICS) is the 
standard used by Federal statistical agencies in classifying business 
establishments for the purpose of collecting, analyzing, and publishing 
statistical data related to the U.S. business economy. 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 (NAICS 11411) for RFA compliance purposes only.
    This proposed rule affects recreational fish harvesting entities 
engaged in the black sea bass fishery. 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 
the proposed 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. For the purposes of RFA analysis, the ownership 
entities, not the individual vessels, are considered to be the 
regulated entities.
    Ownership entities (firms) are defined as those entities with 
common ownership personnel as listed on the permit application. Only 
permits with identical ownership personnel are categorized as an 
ownership entity. For example, if five permits have the same seven 
persons listed as co-owners on their permit applications, those seven 
persons would form one ownership entity that holds those five permits. 
If two of those seven owners also co-own additional vessels, that 
ownership arrangement would be considered a separate ownership entity 
for the purpose of this analysis.
    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

[[Page 782]]

permits for calendar years 2014 through 2016. The ownership data for 
the for-hire fleet indicate that 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 2 
and 6 for-hire vessels for a total of 359 for-hire affiliate firms; all 
of which are categorized as small businesses. Based on the three-year 
average (2014-2016) combined gross receipts from all fishing 
activities, including commercial fishing, these affiliated entities 
earned 99% of all sales from their for-hire business. The aggregate 
three-year average earnings from all for-hire fishing activity for 
these small entities was $53.1 million. Three-year average receipts per 
entity ranged from under $10,000 for 99 small entities to over one 
million dollars for 11 small entities. 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 
catch. In 2013, the last year that a Wave 1 recreational black sea bass 
fishery was open, 331 for-hire firms caught black sea bass 
recreationally; however, only 39 of those were active during the Wave 1 
period. While these are the best available estimates of potential 
participation in the February season proposed by this action, these 
numbers are not necessarily indicative of the number of entities that 
will actually participate. Through this IRFA we are soliciting feedback 
from participants to more effectively gauge potential impacts of this 
action.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of This Proposed Rule

    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    NMFS is not aware of any relevant Federal rules that may duplicate, 
overlap, or conflict with this proposed rule.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    The proposed measures to open a February season are designed to 
increase fishing opportunity in the 2018 recreational black sea bass 
fishery while maintaining harvest within the recreational harvest limit 
and annual catch limit. Business entities that hold charter/party 
permits and are active participants in the fishery may benefit if they 
decide to participate in this new fishing season. This action would 
allow recreational access to black sea bass in Federal waters during 
the month of February, when there are fewer other species available to 
target. This adds to the revenue potential for charter/party entities 
in this ``off'' season. Even accounting for some level of reduced black 
sea bass catch in the later, peak summer and fall seasons to balance 
out harvest from this extra season, charter/party entities should be 
able to continue to generate revenue and book trips by supplementing 
business with other available target species during the peak fishing 
seasons. Therefore, the economic impacts of this action are expected to 
be minimally positive. Because the exact number of participants in this 
fishery are unknown at this time, it is not possible to quantify the 
degree of potential economic benefit that the Federal fishery may have. 
Similarly, because the full 2018 fishing year measures will not be 
developed until spring of 2018, we cannot determine how substantial the 
changes may be that are required for participating states. It is 
expected that entities could offset the effects of potential reductions 
during peak black sea bass seasons by targeting other species. The 
earlier we gain an understanding of the level of interest and potential 
participation in this February season, the better we can accurately 
analyze the potential impacts of this action on small entities.
    There were two alternatives (status quo and opening during both 
January and February) to the proposed action that were also considered. 
The status quo alternative maintains the current recreational seasons 
for black sea bass (May 15 through September 21, and October 22 through 
December 31), with no additional seasons or changes to the projected 
measures. This alternative is not preferred, as it does not take 
advantage of the favorable stock assessment report; nor increase any 
access or opportunity in the recreational black sea bass fishery.
    The Council also considered opening an additional recreational 
black sea bass season in 2018 for the entirety of Wave 1 (January and 
February). This alternative is similar to the preferred alternative, 
and would create more recreational fishing opportunity in winter 2018 
with a longer additional season. However, given the lack of 
recreational data available during Wave 1, the time constraints 
involved with developing and implementing a specifications rule by 
January, and the potential disproportionate impacts to state 
recreational fisheries later in the year because higher estimated catch 
would likely occur in a longer winter fishery, the Council preferred a 
shorter 2018 winter fishery.
    The Council recommended, and we are proposing, a February 
recreational fishery to satisfy the Magnuson-Stevens Act requirements 
to ensure fish stocks are not subject to overfishing, while allowing 
the greatest access to the fishery, and opportunity to achieve optimum 
yield.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 2, 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. 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 September 21, and October 22 
through December 31, unless this time period is adjusted pursuant to 
the procedures in Sec.  648.142.

[FR Doc. 2018-00065 Filed 1-5-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                    780                      Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules

                                                    require periodic certifications that the                comments on the NPRM in MB Docket                      —OR—
                                                    parties remain in compliance with the                   No. 17–289 on or before March 9, 2018                     Mail: Submit written comments to
                                                    incubation proposal approved by the                     and reply comments on or before April                  John Bullard, Regional Administrator,
                                                    Commission.                                             9, 2018.                                               National Marine Fisheries Service, 55
                                                                                                               39. It is further ordered that the                  Great Republic Drive, Gloucester, MA
                                                    E. Steps Taken To Minimize Significant
                                                                                                            Commission’s Consumer and                              01930. Mark the outside of the
                                                    Economic Impact on Small Entities and
                                                                                                            Governmental Affairs Bureau, Reference                 envelope: ‘‘Comments on the Proposed
                                                    Significant Alternatives Considered
                                                                                                            Information Center, shall send a copy of               Rule for 2018 Black Sea Bass February
                                                       34. The RFA requires an agency to                    the NPRM, including the Initial                        Recreational Fishery.’’
                                                    describe any significant alternatives that              Regulatory Flexibility Analysis, to the                   Instructions: Comments sent by any
                                                    it has considered in reaching its                       Chief Counsel for Advocacy of the Small                other method, to any other address or
                                                    proposed approach, which may include                    Business Administration.                               individual, or received after the end of
                                                    the following four alternatives (among                                                                         the comment period, may not be
                                                    others): (1) The establishment of                       Federal Communications Commission.
                                                                                                                                                                   considered by NMFS. All comments
                                                    differing compliance or reporting                       Katura Jackson,                                        received are part of the public record
                                                    requirements or timetables that take into               Federal Register Liaison Officer. Office of the        and will generally be posted for public
                                                    account the resources available to small                Secretary.                                             viewing on www.regulations.gov
                                                    entities; (2) the clarification,                        [FR Doc. 2017–28328 Filed 1–5–18; 8:45 am]             without change. All personal identifying
                                                    consolidation, or simplification of                     BILLING CODE 6712–01–P                                 information (e.g., name, address, etc.),
                                                    compliance or reporting requirements                                                                           confidential business information, or
                                                    under the rule for small entities; (3) the                                                                     otherwise sensitive information
                                                    use of performance, rather than design,                 DEPARTMENT OF COMMERCE                                 submitted voluntarily by the sender will
                                                    standard; and (4) an exemption from                                                                            be publicly accessible. NMFS will
                                                    coverage of the rule, or any part thereof,              National Oceanic and Atmospheric                       accept anonymous comments (enter
                                                    for small entities.                                     Administration                                         ‘‘N/A’’ in the required fields if you wish
                                                       35. To evaluate options and                                                                                 to remain anonymous).
                                                    alternatives should there be a significant              50 CFR Part 648                                           A draft environmental assessment
                                                    economic impact on small entities as a                  [Docket No. 171023999–7999–01]                         (EA) has been prepared for this action
                                                    result of actions that have been                                                                               that describes the proposed measures
                                                    proposed in this NPRM, the                              RIN 0648–BH35                                          and other considered alternatives, as
                                                    Commission has sought comment from                                                                             well as provides an analysis of the
                                                    the parties. The NPRM seeks comment                     Fisheries of the Northeastern United
                                                                                                            States; Black Sea Bass Fishery; 2018                   impacts of the proposed measures and
                                                    on the costs and benefits associated                                                                           alternatives. Copies of this draft EA,
                                                    with various proposals and alternatives                 February Recreational Management
                                                                                                            Measures                                               including the Regulatory Flexibility Act
                                                    such as how to structure the                                                                                   Analysis (RFAA) and Regulatory Impact
                                                    administration and oversight of an                      AGENCY:  National Marine Fisheries                     Review (RIR), are available online at
                                                    incubator program and specifically                      Service (NMFS), National Oceanic and                   www.greateratlantic.fisheries.noaa.gov,
                                                    seeks comment on ways to reduce the                     Atmospheric Administration (NOAA),                     or on request from John Bullard,
                                                    burdens on small entities. Overall,                     Commerce.                                              Regional Administrator, National
                                                    however, the Commission believes that                                                                          Marine Fisheries Service, 55 Great
                                                                                                            ACTION: Proposed rule; request for
                                                    small entities will benefit from their                                                                         Republic Drive, Gloucester, MA 01930.
                                                                                                            comments.
                                                    participation in an incubator                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                    arrangement by getting access to capital                SUMMARY:    NMFS proposes recreational                 Cynthia Hanson, Fishery Management
                                                    and/or operational assistance that they                 management measures for a February                     Specialist, (978) 281–9180.
                                                    may otherwise lack, which may                           2018 black sea bass fishery. The
                                                    minimize any economic impact that                                                                              SUPPLEMENTARY INFORMATION:
                                                                                                            proposed action is intended to provide
                                                    may be incurred by small entities.                      additional recreational black sea bass                 General Background
                                                    F. Federal Rules That May Duplicate,                    fishing opportunities while maintaining                   The Mid-Atlantic Fishery
                                                    Overlap, or Conflict With the Proposed                  management measures to prevent                         Management Council and the Atlantic
                                                    Rules                                                   overfishing. This action is also intended              States Marine Fisheries Commission
                                                                                                            to inform the public of these proposed                 jointly manage the summer flounder,
                                                      36. None.                                             measures and to provide an opportunity                 scup, and black sea bass fisheries under
                                                    VI. Ordering Clauses                                    for comment.                                           the provisions of the Summer Flounder,
                                                      37. Accordingly, it is ordered that,                  DATES: Comments must be received by                    Scup, and Black Sea Bass Fishery
                                                    pursuant to the authority contained in                  5 p.m. local time, on January 23, 2018.                Management Plan (FMP). The
                                                    sections 1, 2(a), 4(i), 257, 303, 307, 309,             ADDRESSES: You may submit comments                     management unit specified in the FMP
                                                    310, and 403 of the Communications                      on this document, identified by NOAA–                  for black sea bass (Centropristis striata)
                                                    Act of 1934, as amended, 47 U.S.C. 151,                 NMFS–2017–0151, by either of the                       is U.S. waters of the Atlantic Ocean
                                                    152(a), 154(i), 257, 303, 307, 309, 310,                following methods:                                     from 35 E 13.3′ N lat. (the latitude of
                                                    and 403, and section 202(h) of the                         Electronic Submission: Submit all                   Cape Hatteras Lighthouse, Buxton,
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    Telecommunications Act of 1996, the                     electronic public comments via the                     North Carolina) north to the U.S./
                                                    Notice of Proposed Rulemaking is                        Federal e-Rulemaking Portal.                           Canada border. States manage black sea
                                                    adopted.                                                   1. Go to www.regulations.gov/                       bass through the Commission’s plan
                                                      38. It is further ordered that, pursuant              #!docketDetail;D=NOAA-NMFS-2017-                       within 3 nautical miles (4.83 km) of
                                                    to applicable procedures set forth in                   0151,                                                  their coasts. The applicable Federal
                                                    sections 1.415 and 1.419 of the                            2. Click the ‘‘Comment Now!’’ icon,                 regulations govern vessels and
                                                    Commission’s rules, 47 CFR 1.415,                       complete the required fields, and                      individual anglers fishing in Federal
                                                    1.419, interested parties may file                         3. Enter or attach your comments.                   waters of the exclusive economic zone


                                               VerDate Sep<11>2014   15:13 Jan 05, 2018   Jkt 244001   PO 00000   Frm 00017   Fmt 4702   Sfmt 4702   E:\FR\FM\08JAP1.SGM   08JAP1


                                                                             Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules                                               781

                                                    (EEZ), as well as vessels possessing a                  black sea bass fishery, this catch                     an additional 28-day fishing season
                                                    Federal black sea bass charter/party                    estimate is based on 2013 vessel trip                  during the month of February. The
                                                    vessel permit, regardless of where they                 report (VTR) data from federally                       proposed measures would increase
                                                    fish. The recreational fishery is                       permitted for-hire vessels that was                    recreational fishing access and
                                                    essentially managed with four parts:                    expanded to account for potential effort               opportunity while still constraining
                                                    The recreational harvest limit; the open                from the private/rental and shore                      landings within the recreational harvest
                                                    season; minimum fish size; and a per-                   modes. We propose to reduce the 2018                   limit.
                                                    angler possession limit. The recreational               black sea bass recreational harvest limit
                                                                                                                                                                   Statement of the Objectives of, and
                                                    harvest limit is established based on the               (3.66 million lb, 1,661 mt) by the
                                                                                                                                                                   Legal Basis for, This Proposed Rule
                                                    specifications formula in the FMP. The                  estimated catch of 100,000 lb (45.36 mt),
                                                    open season, minimum fish size, and                     consistent with the Council and                          The legal basis and objectives for this
                                                    bag limit are collectively referred to as               Commission recommendation.                             action are contained in the preamble to
                                                    the ‘‘recreational management                           However, only states that participate in               this proposed rule, and are not repeated
                                                    measures.’’                                             the proposed February fishery will be                  here.
                                                                                                            accountable for this estimated catch.                  Description and Estimate of the Number
                                                    Action Background
                                                                                                            Participating states would be required to              of Small Entities to Which This
                                                      In 2017, the results of the 2016                      adjust measures for the remainder of                   Proposed Rule Would Apply
                                                    benchmark assessment showed that the                    2018, developed through the
                                                    black sea bass stock is not overfished,                 Commission process, to account for the                    The North American Industry
                                                    overfishing is not occurring, and                       estimated February catch.                              Classification System (NAICS) is the
                                                    biomass is 2.3 times higher than the                      This action is only intended to be in                standard used by Federal statistical
                                                    biomass target. These findings led both                 place for the 2018 fishing year. The                   agencies in classifying business
                                                    the Council and Commission to                           intent of this proposed action is to allow             establishments for the purpose of
                                                    reconsider reopening a recreational                     for some recreational fishing access                   collecting, analyzing, and publishing
                                                    Wave 1 (January and February) black sea                 during Wave 1 in 2018 while the long-                  statistical data related to the U.S.
                                                    bass fishery in 2018 as a way to increase               term framework adjustment is                           business economy. A business primarily
                                                    access and recreational fishing                         developed. The Council and                             engaged in for-hire fishing activity is
                                                    opportunity while still constraining                    Commission will develop and make                       classified as a small business if it has
                                                    landings within the recreational harvest                recommendations on management                          combined annual receipts not in excess
                                                    limit. The current Federal recreational                 measures for the remainder of the 2018                 of $7.5 million (NAICS 11411) for RFA
                                                    black sea fishing seasons are May 15                    recreational fishery, including those to               compliance purposes only.
                                                    through September 21 and October 22                     accommodate this additional winter                        This proposed rule affects recreational
                                                    through December 31, and the last time                  season, throughout the spring of 2018.                 fish harvesting entities engaged in the
                                                    this fishery was open during Wave 1                                                                            black sea bass fishery. Individually
                                                    was in 2013.                                            Classification                                         permitted vessels may hold permits for
                                                      In October 2017, both the Council and                    Pursuant to section 304(b)(1)(A) of the             several fisheries, harvesting species of
                                                    Commission approved the addition of a                   Magnuson Stevens Fishery Conservation                  fish that are regulated by several
                                                    February-only black sea bass                            and Management Act (Magnuson-                          different FMPs, even beyond those
                                                    recreational season for 2018, with the                  Stevens Act), the NMFS Assistant                       affected by the proposed action.
                                                    continued recreational measures of a                    Administrator has determined that this                 Furthermore, multiple-permitted vessels
                                                    15-fish per-angler possession limit, and                proposed rule is consistent with the                   and/or permits may be owned by
                                                    a 12.5-inch (31.75-cm) minimum size.                    Summer Flounder, Scup, and Black Sea                   entities affiliated by stock ownership,
                                                    The Council also agreed to work on the                  Bass FMP, other provisions of the                      common management, identity of
                                                    implementation of a winter recreational                 Magnuson-Stevens Act, and other                        interest, contractual relationships, or
                                                    Letter of Authorization (LOA) program                   applicable law, subject to further                     economic dependency. For the purposes
                                                    for 2019 and beyond. The LOA program                    consideration after public comment.                    of RFA analysis, the ownership entities,
                                                    would provide more robust monitoring                       This proposed rule has been                         not the individual vessels, are
                                                    and reporting for a limited winter                      determined to be not significant for                   considered to be the regulated entities.
                                                    recreational fishery; however, changes                  purposes of Executive Order 12866.                        Ownership entities (firms) are defined
                                                    of this magnitude require a framework                      NMFS prepared an initial regulatory                 as those entities with common
                                                    adjustment to the FMP and cannot be                     flexibility analysis (IRFA), as required               ownership personnel as listed on the
                                                    developed in time for 2018.                             by section 603 of the Regulatory                       permit application. Only permits with
                                                                                                            Flexibility Act (RFA), to examine the                  identical ownership personnel are
                                                    Proposed Action                                                                                                categorized as an ownership entity. For
                                                                                                            impacts of this proposed rule on small
                                                      This action proposes to revise the                    business entities, if adopted. A                       example, if five permits have the same
                                                    current 2018 Federal recreational                       description of the management                          seven persons listed as co-owners on
                                                    management measures for black sea bass                  measures, why they are being                           their permit applications, those seven
                                                    to include an additional 28-day fishing                 considered, and the legal basis for this               persons would form one ownership
                                                    season during the month of February.                    action are contained at the beginning of               entity that holds those five permits. If
                                                    The current recreational management                     this section and in the preamble to this               two of those seven owners also co-own
                                                    measures of a 12.5-inch (31.75-cm)                                                                             additional vessels, that ownership
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                                                                                                            proposed rule. A copy of the RFA
                                                    minimum fish size and 15-fish                           analysis is available from NMFS (see                   arrangement would be considered a
                                                    possession limit would also apply. To                   ADDRESSES).                                            separate ownership entity for the
                                                    account for expected harvest during this                                                                       purpose of this analysis.
                                                    February season, the Council and                        Description of the Reasons Why Action                     The current ownership data set used
                                                    Commission calculated a catch estimate                  by the Agency Is Being Considered                      for this analysis is based on calendar
                                                    of 100,000 lb (45.36 mt). Because there                   This action proposes a revision to the               year 2016 (the most recent complete
                                                    are no Marine Recreational Information                  2018 Federal recreational management                   year available) and contains average
                                                    Program survey data for Wave 1 in the                   measures for black sea bass to include                 gross sales associated with those


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                                                    782                      Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules

                                                    permits for calendar years 2014 through                 Description of Significant Alternatives                   The Council also considered opening
                                                    2016. The ownership data for the for-                   to the Proposed Action Which                           an additional recreational black sea bass
                                                    hire fleet indicate that there were 406                 Accomplish the Stated Objectives of                    season in 2018 for the entirety of Wave
                                                    for-hire permits that generated revenues                Applicable Statutes and Which                          1 (January and February). This
                                                    from recreational fishing for various                   Minimize Any Significant Economic                      alternative is similar to the preferred
                                                    species during the 2014–2016 period. Of                 Impact on Small Entities                               alternative, and would create more
                                                    these permits there were 328 that were                     The proposed measures to open a                     recreational fishing opportunity in
                                                    not affiliated with any other ownership                 February season are designed to                        winter 2018 with a longer additional
                                                    group. The remaining 78 for-hire vessels                increase fishing opportunity in the 2018               season. However, given the lack of
                                                    were comprised of affiliated ownership                  recreational black sea bass fishery while              recreational data available during Wave
                                                    groups with between 2 and 6 for-hire                    maintaining harvest within the                         1, the time constraints involved with
                                                    vessels for a total of 359 for-hire affiliate           recreational harvest limit and annual                  developing and implementing a
                                                    firms; all of which are categorized as                  catch limit. Business entities that hold               specifications rule by January, and the
                                                    small businesses. Based on the three-                   charter/party permits and are active                   potential disproportionate impacts to
                                                    year average (2014–2016) combined                       participants in the fishery may benefit if             state recreational fisheries later in the
                                                    gross receipts from all fishing activities,             they decide to participate in this new                 year because higher estimated catch
                                                    including commercial fishing, these                     fishing season. This action would allow                would likely occur in a longer winter
                                                    affiliated entities earned 99% of all sales             recreational access to black sea bass in               fishery, the Council preferred a shorter
                                                    from their for-hire business. The                       Federal waters during the month of                     2018 winter fishery.
                                                                                                            February, when there are fewer other
                                                    aggregate three-year average earnings                                                                             The Council recommended, and we
                                                                                                            species available to target. This adds to
                                                    from all for-hire fishing activity for                                                                         are proposing, a February recreational
                                                                                                            the revenue potential for charter/party
                                                    these small entities was $53.1 million.                                                                        fishery to satisfy the Magnuson-Stevens
                                                                                                            entities in this ‘‘off’’ season. Even
                                                    Three-year average receipts per entity                  accounting for some level of reduced                   Act requirements to ensure fish stocks
                                                    ranged from under $10,000 for 99 small                  black sea bass catch in the later, peak                are not subject to overfishing, while
                                                    entities to over one million dollars for                summer and fall seasons to balance out                 allowing the greatest access to the
                                                    11 small entities. Although it is not                   harvest from this extra season, charter/               fishery, and opportunity to achieve
                                                    possible to derive what proportion of                   party entities should be able to continue              optimum yield.
                                                    the overall revenues came from specific                 to generate revenue and book trips by
                                                    fishing activities, further analysis                    supplementing business with other                      List of Subjects in 50 CFR Part 648
                                                    conducted by the Council and NMFS                       available target species during the peak                 Fisheries, Fishing, Reporting and
                                                    during the development of this action                   fishing seasons. Therefore, the economic               recordkeeping requirements.
                                                    identified that in 2016 there were 291                  impacts of this action are expected to be
                                                    for-hire entities that recreationally                   minimally positive. Because the exact                    Dated: January 2, 2018.
                                                    caught black sea bass catch. In 2013, the               number of participants in this fishery                 Samuel D. Rauch, III,
                                                    last year that a Wave 1 recreational                    are unknown at this time, it is not                    Deputy Assistant Administrator for
                                                    black sea bass fishery was open, 331 for-               possible to quantify the degree of                     Regulatory Programs, National Marine
                                                    hire firms caught black sea bass                        potential economic benefit that the                    Fisheries Service.
                                                    recreationally; however, only 39 of                     Federal fishery may have. Similarly,                     For the reasons set out in the
                                                    those were active during the Wave 1                     because the full 2018 fishing year                     preamble, 50 CFR part 648 is proposed
                                                    period. While these are the best                        measures will not be developed until
                                                                                                                                                                   to be amended as follows:
                                                    available estimates of potential                        spring of 2018, we cannot determine
                                                    participation in the February season                    how substantial the changes may be that                PART 648—FISHERIES OF THE
                                                    proposed by this action, these numbers                  are required for participating states. It is           NORTHEASTERN UNITED STATES
                                                    are not necessarily indicative of the                   expected that entities could offset the
                                                                                                            effects of potential reductions during
                                                    number of entities that will actually                                                                          ■ 1. The authority citation for part 648
                                                                                                            peak black sea bass seasons by targeting
                                                    participate. Through this IRFA we are                                                                          continues to read as follows:
                                                                                                            other species. The earlier we gain an
                                                    soliciting feedback from participants to                understanding of the level of interest                     Authority: 16 U.S.C. 1801 et seq.
                                                    more effectively gauge potential impacts                and potential participation in this
                                                    of this action.                                                                                                ■ 2. Section 648.146 is revised to read
                                                                                                            February season, the better we can
                                                                                                                                                                   as follows:
                                                    Description of the Projected Reporting,                 accurately analyze the potential impacts
                                                    Recordkeeping, and Other Compliance                     of this action on small entities.                      § 648.146 Black sea bass recreational
                                                    Requirements of This Proposed Rule                         There were two alternatives (status                 fishing season.
                                                                                                            quo and opening during both January
                                                      There are no new reporting or                         and February) to the proposed action                     Vessels that are not eligible for a
                                                    recordkeeping requirements contained                    that were also considered. The status                  moratorium permit under § 648.4(a)(7),
                                                    in any of the alternatives considered for               quo alternative maintains the current                  and fishermen subject to the possession
                                                    this action.                                            recreational seasons for black sea bass                limit specified in § 648.145(a), may only
                                                                                                            (May 15 through September 21, and                      possess black sea bass from February 1
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                                                    Federal Rules Which May Duplicate,                      October 22 through December 31), with                  through February 28, May 15 through
                                                    Overlap, or Conflict With This Proposed                 no additional seasons or changes to the                September 21, and October 22 through
                                                    Rule                                                    projected measures. This alternative is                December 31, unless this time period is
                                                                                                            not preferred, as it does not take                     adjusted pursuant to the procedures in
                                                      NMFS is not aware of any relevant                     advantage of the favorable stock                       § 648.142.
                                                    Federal rules that may duplicate,                       assessment report; nor increase any                    [FR Doc. 2018–00065 Filed 1–5–18; 8:45 am]
                                                    overlap, or conflict with this proposed                 access or opportunity in the recreational
                                                    rule.                                                                                                          BILLING CODE 3510–22–P
                                                                                                            black sea bass fishery.


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Document Created: 2018-01-06 02:32:08
Document Modified: 2018-01-06 02:32:08
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
ActionProposed rule; request for comments.
DatesComments must be received by 5 p.m. local time, on January 23, 2018.
ContactCynthia Hanson, Fishery Management Specialist, (978) 281-9180.
FR Citation83 FR 780 
RIN Number0648-BH35
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements

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