Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; 2011 Scup Specifications; Fishing Year 2011, 22350-22358 [2011-9627]
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Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Proposed Rules
The second alternative would set the
gag bag limit to zero and thereby
prohibit the recreational harvest of gag.
When the Council requested the current
temporary rule, it intended to allow
some recreational harvest of gag in 2011
and establish that level of harvest under
the long-term management measures
being developed in Amendment 32.
However, because the rerun of the
updated assessment was not completed
and reviewed until January 2011, there
is insufficient time to implement
measures from Amendment 32 early
enough in 2011 to meet the Council’s
intent.
The second alternative is the most
conservative alternative. This
alternative would reduce fishing
mortality the most out of all the
considered alternatives and therefore
generate the greatest biological benefits
to the gag stock. Although this
alternative would not allow the
recreational harvest of gag while the
proposed interim rule is in effect, the
number of dead discards would be
reduced because no recreational fishing
trips would be expected to target or be
directed at gag. Because Florida adopted
compatible regulations, this alternative
would reduce the harvest sufficiently in
2011 to be consistent with the Council’s
rebuilding plan in Amendment 30B, as
it would reduce removals between 58
percent and 67 percent and, as such,
end overfishing. If Florida had not
adopted compatible regulations, the
estimated reduction in removals would
be between 43 percent and 61 percent,
which would reduce but might not be
sufficient to end overfishing.
The third alternative would establish
a recreational fishing season for gag of
July 1, 2011, through August 15, 2011,
and thus would allow for some
recreational harvest of gag in 2011 as the
Council intended when it requested the
current interim rule. This alternative
would establish a 46-day recreational
fishing season, which is less than the
61-day season under the proposed
action. This alternative also minimally
overlaps with the red snapper season,
which begins on June 1. This alternative
would provide for-hire vessels with a
greater number of options when
marketing summer trips. The expected
reduction in removals under this
alternative is between 49 percent and 60
percent, and therefore might be
sufficient to end overfishing.
The Council heard public testimony
regarding potential recreational seasons
for gag at its February 2011 meeting.
Participants in the recreational sector
asked for either a summer or winter
season depending on their geographic
location. In general, recreational
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participants from Texas, southwest
Florida, and central Florida favored a
winter season, while recreational
participants from other areas of the Gulf
favored a summer season. In looking for
a compromise, the Council
recommended the proposed recreational
season with no changes to the bag limit
or size limit. The proposed recreational
season would cover the end of the
summer recreational fishing season and
run through the beginning of the winter
recreational fishing season. In addition,
the estimated reductions in removals
under the proposed recreational season
are between 50 percent and 54 percent,
which might be sufficient to end
overfishing.
This proposed temporary rule does
not establish any new reporting, recordkeeping, or other compliance
requirements.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 18, 2011.
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 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
§ 622.20
[Amended]
2. In § 622.20, paragraph (b)(2)(iv)(A)
is suspended.
3. In § 622.34, paragraph (v) is
removed and reserved and paragraph
(w) is added to read as follows:
§ 622.34 Gulf EEZ seasonal and/or area
closures.
*
*
*
*
*
(w) Seasonal closure of the
recreational sector for gag. The
recreational sector for gag, in or from the
Gulf EEZ, is closed from January 1
through September 15 and November 16
through December 31 each year. During
the closure, the bag and possession limit
for gag in or from the Gulf EEZ is zero.
4. In § 622.42, paragraphs
(a)(1)(iii)(A)(3) and (a)(1)(iii)(B)(3) are
suspended and paragraphs
(a)(1)(iii)(A)(4) and (a)(1)(iii)(B)(4) are
added to read as follows:
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§ 622.42
Quotas.
(a) * * *
(1) * * *
(iii) * * *
(A) * * *
(4) For fishing year 2011 and
subsequent fishing years—5.16 million
lb (2.34 million kg).
(B) * * *
(4) For fishing year 2011 and
subsequent fishing years—430,000 lb
(195,045 kg).
*
*
*
*
*
[FR Doc. 2011–9724 Filed 4–20–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 110222150–1152–02]
RIN 0648–BA92
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder,
Scup, and Black Sea Bass Fisheries;
2011 Scup Specifications; Fishing Year
2011
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes two actions
in this rulemaking: An increase to the
previously implemented scup
commercial and recreational landing
allowances for 2011 (specifications) and
management measures for the 2011
summer flounder, scup, and black sea
bass recreational fisheries. Inclusion of
the proposed scup specification increase
in this rulemaking is necessary to
provide an opportunity for the public to
comment on the revised
recommendation from the Mid-Atlantic
Fishery Management Council (Council)
to increase the commercial and
recreational scup landing allowances for
2011. The recreational management
measures are necessary to comply with
the implementing regulations for these
fisheries which require NMFS to
publish recreational measures for the
fishing year and to provide an
opportunity for public comment. The
intent of the scup increase is to permit
greater commercial and recreational
harvest opportunity while preventing
overfishing on the scup stock.
Recreational management measures are
SUMMARY:
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similarly intended to ensure that
overfishing the summer flounder, scup,
and black sea bass resources in 2011 is
unlikely to occur.
DATES: Comments must be received by
5 p.m. local time, on May 23, 2011.
ADDRESSES: You may submit comments,
identified by RIN 0648–BA92, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: (978) 281–9135, Attn:
Comments on 2011 Scup Specifications
Increase and Summer Flounder, Scup,
and Black Sea Bass Recreational
Management Measures, 0648–BA92.
• Mail and hand delivery: Patricia A.
Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope:
‘‘Comments on 2011 Scup Specifications
Increase and Summer Flounder, Scup,
and Black Sea Bass Recreational
Management Measures, 0648–BA92.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
Copies of the proposed scup increase
Supplement Environmental Assessment
(SEA) to the 2011 specifications and the
recreational management measures
document, including the Environmental
Assessment, Regulatory Impact Review,
and Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA) and other
supporting documents for both the scup
specifications increase and the
recreational management measures are
available 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 https://
www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Michael Ruccio, Fishery Policy Analyst,
(978) 281–9104.
SUPPLEMENTARY INFORMATION:
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General Background
The summer flounder, scup, and
black sea bass fisheries are managed
cooperatively under the provisions of
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan
(FMP) developed by the Council and the
Atlantic States Marine Fisheries
Commission (Commission), in
consultation with the New England and
South Atlantic Fishery Management
Councils. The management units
specified in the FMP include summer
flounder (Paralichthys dentatus) in U.S.
waters of the Atlantic Ocean from the
southern border of North Carolina (NC)
northward to the U.S./Canada border,
and scup (Stenotomus chrysops) and
black sea bass (Centropristis striata) in
U.S. waters of the Atlantic Ocean from
35 E. 13.3′ N. lat. (the latitude of Cape
Hatteras Lighthouse, Buxton, NC)
northward to the U.S./Canada border.
The Council prepared the FMP under
the authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), 16 U.S.C.
1801 et seq. Regulations implementing
the FMP appear at 50 CFR part 648,
subparts A (general provisions), G
(summer flounder), H (scup), and I
(black sea bass). General regulations
governing fisheries of the Northeastern
U.S. also appear at 50 CFR part 648.
States manage these three species
within 3 nautical miles (4.83 km) of
their coasts, under the Commission’s
plan for summer flounder, scup, and
black sea bass. The applicable speciesspecific Federal regulations govern
vessels and individual fishermen fishing
in Federal waters of the exclusive
economic zone (EEZ), as well as vessels
possessing a summer flounder, scup, or
black sea bass Federal charter/party
vessel permit, regardless of where they
fish.
2011 Scup Specifications Increase
Specifications for the 2011 summer
flounder, scup, and black sea bass
fisheries published in the Federal
Register on December 28, 2010, and
became effective on January 1, 2011 (75
FR 81498). This rule established 2011
scup specifications, as follows: A Total
Allowable Catch (TAC) of 24.1 million
lb (10,932 mt); a 20.0-million-lb (9,072mt) Total Allowable Landings (TAL),
including research set-aside (RSA) of
396,500 lb (180 mt); a commercial quota
of 15,290,730 lb (6,936 mt); and a
recreational harvest limit of 4,312,770 lb
(1,956 mt). During the December 2010
Council meeting, the Council
recommended to NMFS an increase in
the 2011 scup specifications. The
Council’s action to potentially increase
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the 2011 scup specifications was taken
to prevent potential negative impacts on
recreational fishermen and provide for
recreational fishing opportunities that
might not be available under the
previously implemented lower, more
restrictive landing limit. Adoption of
the Council’s recommendation for
increased scup specifications, which
includes an increase to the scup
recreational harvest limit, would permit
the use of status quo recreational
management measures for the 2011
fishery. See the scup recreational
management measures section later in
this preamble for additional information
on how the potential increase
recreational harvest limit impacts to the
recreational fishery.
The Council formally submitted the
increased scup specification
recommendation to NMFS for review
and rulemaking on January 26, 2011.
The Council’s revised scup
specifications recommendation would
increase the 2011 TAC to 31.92 million
lb (14,479 mt) from the current TAC of
24.1 million lb (10,932 mt). After
removal of estimated 2011 discards, the
resulting increased TAL would be 26.50
million lb (12,020 mt). Because the 2011
RSA has already been awarded for scup,
the Council recommended, and NMFS
agrees, that no change to the RSA level
should occur as a result of the increased
scup specifications. Thus, after
deducting the 2011 awarded RSA of
396,500 lb (180 mt) and applying the
allocation criteria within the FMP, the
increased commercial quota would be
20.36 million lb (9,235 mt) and the
adjusted recreational harvest limit
would be 5.74 million lb (2,604 mt).
In considering the scup TAC increase
recommended by the Council, NMFS
considered the range of possible TACs
analyzed by the Council. NMFS is
proposing the Council’s preferred
alternative without modification as it
meets the objectives of the FMP, the
Magnuson-Stevens Act, and other
applicable law. Quota levels above the
preferred alternative fail to satisfy the
applicable requirements and were
adjudged by the Council to be
inconsistent with the scientific advice
provided by the SSC. Lower TAC
alternatives are more restrictive than
necessary to meet the objectives of the
FMP and would have higher socioeconomic impacts on fishery
participants.
Table 1 contains the scup commercial
quota period information that would
result from the proposed increase. All
additional commercial scup measures,
including possession limits and the
amount of unused Winter I (JanuaryMay) commercial quota that may be
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rolled over to the Winter II (NovemberDecember) fishing period, remain
unchanged from those published in the
Federal Register on December 28, 2010
(75 FR 81498).
TABLE 1—PROPOSED REVISED COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2011 BY QUOTA PERIOD
Total allowable catch
Quota period
Percent
share
lb
Estimated discards
mt
lb
mt
Initial quota
lb
Initial quota
less overages
(through 10/31/2009)
mt
lb
mt
Adjusted quota less
overages and RSA
lb
mt
Winter I ....................................
Summer ...................................
Winter II ...................................
45.11
38.95
15.94
11,231,307
9,697,615
3,968,677
5,094
4,399
1,800
1,907,070
1,646,650
673,879
865
747
306
9,324,237
8,050,965
3,294,798
4,229
3,652
1,494
N/A
N/A
N/A
N/A
N/A
N/A
9,184,725
7,930,504
3,245,500
4,166
3,597
1,472
Total .................................
100.0
24,897,600
11,293
4,227,600
1,918
20,670,000
9,376
N/A
N/A
20,360,730
9,235
NMFS is proposing to implement the
Council’s recommendation for a 33percent increase to the 2011 scup
specifications. The increase would
remain well below the 2011 scup
Acceptable Biological Catch (ABC) of
51.70 million lb (23,451 mt).
Furthermore, the increase would be
below the scup maximum sustainable
yield (MSY) level of 35.60 million lb
(16,148 mt) and is consistent with the
recommendation provided in a 2008
scup stock assessment and reiterated by
the Council’s Scientific and Statistical
Committee for the 2011 fishery advising
against rapid increases in specification
levels to meet MSY.
jlentini on DSKJ8SOYB1PROD with PROPOSALS
Recreational Management Measures
Background
The Council process for devising
recreational management measures to
recommend to NMFS for rulemaking is
generically described in the following
section. All meetings are open to the
public and the materials utilized during
such meetings, as well as any
documents created to summarize the
meeting results, are public information
and typically posted on the Council’s
Web site (https://www.mafmc.org) or are
available from the Council by request.
Extensive background on the 2011
recreational management measures
recommendation process is therefore
not repeated in this preamble.
The FMP established Monitoring
Committees (Committees) for the three
fisheries, consisting of representatives
from the Commission, the Council, state
marine fishery agency representatives
from MA to NC, and NMFS. The FMP’s
implementing regulations require the
Committees to review scientific and
other relevant information annually and
to recommend management measures
necessary to constrain landings within
the recreational harvest limits
established for the summer flounder,
scup, and black sea bass fisheries for the
upcoming fishing year. The FMP limits
the choices for the types of measures to
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minimum fish size, possession limit,
and fishing season.
The Council’s Demersal Species
Committee, and the Commission’s
Summer Flounder, Scup, and Black Sea
Bass Management Board (Board) then
consider the Committees’
recommendations and any public
comment in making their
recommendations to the Council and
the Commission, respectively. The
Council reviews the recommendations
of the Demersal Species Committee,
makes its own recommendations, and
forwards them to NMFS for review. The
Commission similarly adopts
recommendations for the states. NMFS
is required to review the Council’s
recommendations to ensure that they
are consistent with the targets specified
for each species in the FMP and all
applicable laws and Executive Orders
before ultimately implementing
measures for Federal waters.
All minimum fish sizes discussed
hereafter are total length measurements
of the fish, i.e., the straight-line distance
from the tip of the snout to the end of
the tail while the fish is lying on its
side. For black sea bass, total length
measurement does not include the
caudal fin tendril. All possession limits
discussed below are per person.
Proposed 2011 Recreational
Management Measures
NMFS is proposing through this rule
the following measures to apply in the
Federal waters of the EEZ and to all
federally permitted party/charter vessels
with applicable summer flounder, scup,
or black sea bass permits regardless of
where they fish for the 2011 recreational
summer flounder, scup, and black sea
bass fisheries: For summer flounder, use
of state-by-state conservation
equivalency measures, which are the
status quo measures; for scup, a 10.5inch (26.67-cm) minimum fish size, a
10-fish per person possession limit, and
an open season of June 6 through
September 26, which are the status quo
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measures; and, for black sea bass, a 13.0inch (33.02-cm) minimum fish size, a
25-fish per person possession limit, and
open season of July 1 through October
1 and November 1 through December
31. NMFS will consider retaining or
reinstating status quo black sea bass
measures, as needed, for Federal waters
(i.e., a 12.5-in (31.75-cm) minimum fish
size, a 25-fish per person possession
limit and fishing seasons from May 22–
October 11 and November 1–December
31) if the Commission develops and
implements a state-waters conservation
equivalency system that, when paired
with the Federal status quo measures,
provides the necessary conservation to
ensure the 2011 recreational harvest
limit will not be exceeded. More detail
on these proposed measures is provided
in the following sections.
Summer Flounder Recreational
Management Measures
The 2011 recreational harvest limit for
summer flounder is 11,583,424 lb (5,254
mt), a 35-percent increase from the 2010
limit of 8.59 million lb (3,896 mt). Final
landings for 2010 are 4.98 million lb
(2,259 mt), well below the recreational
harvest limit. The Council and
Commission have recommended the use
of conservation equivalency to manage
the 2011 summer flounder recreational
fishery.
NMFS implemented Framework
Adjustment 2 to the FMP on July 29,
2001 (66 FR 36208), to permit the use
of conservation equivalency to manage
the recreational summer flounder
fishery. Conservation equivalency
allows each state to establish its own
recreational management measures
(possession limits, minimum fish size,
and fishing seasons) to achieve its state
harvest limit partitioned from the
coastwide recreational harvest limit by
the Commission, as long as the
combined effect of all of the states’
management measures achieves the
same level of conservation as would
Federal coastwide measures.
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The Council and Board annually
recommend that either state- or regionspecific recreational measures be
developed (conservation equivalency) or
coastwide management measures be
implemented by all states to ensure that
the recreational harvest limit will not be
exceeded. Even when the Council and
Board recommend conservation
equivalency, the Council must specify a
set of coastwide measures that would
apply if conservation equivalency is not
approved for use in Federal waters.
When conservation equivalency is
recommended, and following
confirmation that the proposed state
measures developed through the
Commission’s technical and policy
review processes achieve conservation
equivalency, NMFS may waive the
permit condition found at § 648.4(b),
which requires Federal permit holders
to comply with the more restrictive
management measures when state and
Federal measures differ. In such a
situation, federally permitted summer
flounder charter/party permit holders
and individuals fishing for summer
flounder in the EEZ would then be
subject to the recreational fishing
measures implemented by the state in
which they land summer flounder,
rather than the coastwide measures.
In addition, the Council and the
Board must recommend precautionary
default measures when recommending
conservation equivalency. The
Commission would require adoption of
the precautionary default measures by
any state that either does not submit a
summer flounder management proposal
to the Commission’s Summer Flounder
Technical Committee, or that submits
measures that would exceed the
Commission-specified harvest limit for
that state.
Much of the conservation equivalency
measures development process happens
at both the Commission and individual
state level. The selection of appropriate
data and analytic techniques for
technical review of potential state
conservation equivalent measures and
the process by which the Commission
evaluates and recommends proposed
conservation equivalent measures is
wholly a function of the Commission
and its individual member states.
Individuals seeking information
regarding the specific state measure
development process or the Commission
process for technical evaluation of
proposed measures should contact the
marine fisheries agency in the state of
interest, the Commission, or both.
Once states select their final 2011
summer flounder management measures
through their respective development,
analytical, and review processes and
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submit them to the Commission, the
Commission will conduct further review
and evaluation of the state-submitted
proposals, ultimately notifying NMFS as
to which individual state proposals
have been approved or disapproved.
NMFS has no overarching authority in
the state or Commission management
measure development, but is an equal
participant along with all the member
states in the measures review process.
NMFS retains the final authority either
to approve or to disapprove the use of
conservation equivalency in place of the
coastwide measures, and will publish
its determination as a final rule in the
Federal Register to establish the 2011
recreational measures for these fisheries.
States that do not submit conservation
equivalency proposals, or whose
proposals are disapproved by the
Commission, will be required by the
Commission to adopt the precautionary
default measures. In the case of states
that are initially assigned precautionary
default measures, but subsequently
receive Commission approval of revised
state measures, NMFS will publish a
notice in the Federal Register
announcing a waiver of the permit
condition at § 648.4(b).
The 2011 precautionary default
measures recommended by the Council
and Board are for a 20.0-inch (50.80-cm)
minimum fish size, a possession limit of
two fish, and an open season of May 1
through September 30, 2011.
As described above, for each fishing
year, NMFS implements either
coastwide measures or conservation
equivalent measures at the final rule
stage. The 2011 coastwide measures
recommended by the Council and Board
for 2011 are an 18.5-inch (46.99-cm)
minimum fish size, a possession limit of
two fish, and an open season from May
1 to September 30, 2011.
In this action, NMFS proposes to
implement conservation equivalency
with a precautionary default backstop,
as previously outlined, for states that
either fail to submit conservation
equivalent measures or whose measures
are not approved by the Commission.
NMFS proposes the alternative of
coastwide measures, as previously
described, for use if conservation
equivalency is not approved in the final
rule. The coastwide measures would be
waived if conservation equivalency is
approved in the final rule.
Scup Recreational Management
Measures
The 2011 scup recreational harvest
limit is currently 4,312,770 lb (1,956
mt), as implemented by the December
28, 2010, specifications final rule (75 FR
81498); however, through this rule
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NMFS is proposing to increase the 2011
scup recreational harvest limit to 5.74
million lb (2,604 mt). Estimated 2010
scup recreational landings are 5.74
million lb (2,604 mt). The Council and
Commission have recommended
measures that reflect the status quo for
the 2011 scup recreational fishery. The
status quo measures for Federal waters
are for a 10.5-in (26.67-cm) minimum
fish size, a 10-fish per person possession
limit, and an open season of June 6
through September 26 (i.e., closed
season from January 1–June 5 and again
from September 27–December 31).
NMFS proposes to retain scup
recreational management measures that
reflect the status quo for 2011 in Federal
waters for use in conjunction with the
increased recreational harvest limit
proposed concurrently by this rule.
NMFS acknowledges that the
Commission has indicated its intent to
continue managing the recreational scup
fishery through a Commission-based
conservation equivalency program that
has no comparable measures in the
Federal FMP. Thus, recreational
management measures will differ
between state and Federal waters in
2011. Historically, very little of the scup
recreational harvest comes from the
Federal waters of the EEZ. The scup
recreational harvest from Federal waters
for 2009 was approximately 2 percent of
the total coastwide landings.
Black Sea Bass Recreational
Management Measures
The 2011 black sea bass recreational
harvest limit is 1.84 million lb (835 mt),
as published in final rule (75 FR 81498;
December 28, 2010). The 2010 black sea
bass recreational landings were 3.11
million lb (1,411 mt); thus, a 41-percent
coastwide reduction in landings from
2010 levels would be required to
constrain landings to the 2011 black sea
bass recreational harvest limit.
The Council has recommended
measures designed to achieve a 41percent reduction in black sea bass
recreational landings. These measures
for Federal waters are a 13.0-inch
(33.02-cm) minimum fish size, a 25-fish
per person possession limit, and open
season of July 1 through October 1 and
November 1 through December 31 (i.e.,
closed seasons from January 1–June 30
and October 2–31).
Concurrent with the development of
this proposed rule, the Commission has
initiated development of Addendum
XXI to the Commission’s Black Sea Bass
FMP. This addendum contemplates
application of state-by-state
conservation equivalency approaches
for black sea bass recreational
management measures in state waters.
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Interested parties are urged to contact
the Commission directly (https://
www.asmfc.org or (703) 842–0740) as
NMFS has only a participatory role in
the Commission’s process as a
Commission voting member. The
Council has initiated development of an
amendment to the Federal FMP to
examine these types of approaches for
application in Federal waters; however,
the amendment process at the Federal
level takes more time to complete than
the Commission’s addendum process
and cannot be completed in time to
implement for the 2011 fishing year.
In anticipation that the Commission
may develop a conservation equivalency
system for state waters, the Council
recommended to NMFS that Federal
waters black sea bass measures stay or
revert to the status quo, as needed,
dependent on the completion of the
Commission’s Addendum XXI. The
Council indicated that the as of yet
completed Commission measures for
state waters, when paired with the
status quo measures for Federal waters,
are anticipated to achieve the required
reduction necessary for the 2011 black
sea bass recreational fishery. NMFS is
proposing to implement the
aforementioned Council-recommended
measures (13.0-inch (33.02-cm)
minimum fish size, 25-fish possession
limit, and July 1–October 1 and
November 1–December 31 season) for
Federal waters while the Commission’s
process for state waters conservation
equivalency proceeds. This approach is
consistent with the joint Council and
Commission discussion and motions
jointly adopted during the December 15,
2010, meeting at which recreational
management measures options were
contemplated and approved by both
groups.
If the Commission completes a state
waters conservation equivalency system
for 2011, it is expected that formal
analyses and correspondence from the
Commission will be provided to both
the Council and NMFS conveying the
state waters conservation equivalency
measures for 2011. In addition, it is
expected that the correspondence will
demonstrate that the Commission-based
conservation equivalency program
paired with the status quo Federal
measures (i.e., a 12.5-in (31.75-cm)
minimum fish size, 25-fish per person
possession limits and May 22–October
11 and November 1–December 31
seasons) are sufficient to constrain
recreational landings to the 1.84 million
lb (835 mt) recreational harvest limit for
2011. If the timing of this Commission
process is complete, including the
necessary correspondence to NMFS and
the Council, before a final rule has been
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issued by NMFS for the 2011
recreational management measures,
NMFS may leave the status quo
measures in place for Federal waters.
The decision to retain the status quo
measures for Federal waters will be
contingent on the as of yet to be
completed analyses and
recommendation from the Commission,
and any such decision would be relayed
in the final rule published in the
Federal Register. If the Commission
conservation equivalency development
process extends beyond the issuance of
a recreational management measures
final rule, NMFS may issue a second
rule to reinstate 2010 measures for
Federal waters (i.e., revert to status quo),
pending the completion of the
Commission process and concurrence
by NMFS that the combination of state
waters conservation equivalency and
status quo Federal measures will
achieve the desired 2011 fishery
performance. Should the Commission
ultimately disapprove or elect not to
approve conservation equivalency
measures for use in state waters for the
2011 fishery, then Federal measures
would remain as proposed in this rule
for the duration of the 2011 fishing year:
A 13.0-inch (33.02-cm) minimum fish
size, 25-fish possession limit, and July
1–October 1 and November 1–December
31.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the 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.
IRFAs were prepared for both the
scup specifications and the recreational
management measures, as required by
section 603 of the Regulatory Flexibility
Act (RFA). The IRFAs describe the
economic impact this proposed rule, if
adopted, would have on small entities.
A description of the action, why it is
being considered, and the legal basis for
the two actions is contained in the
preamble and in the SUMMARY of this
proposed rule. A summary of the
analyses follows. Copies of the complete
IRFAs are available from the Council
(see ADDRESSES).
This proposed rule does not
duplicate, overlap, or conflict with other
Federal rules.
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Proposed Scup TAC/TAL Increase
The potential impacts of the 2011
scup specifications was provided in the
IRFA for the 2011 summer flounder,
scup, and black sea bass specifications
proposed rule published in the Federal
Register on November 17, 2010, (75 FR
70192). At 31.92 million lb (14,479 mt),
the scup TAC increase proposed by this
rule is within the 24.10 million lb
(10,932 mt) to 35.63 million lb (16,157
mt) TAC range previously described and
analyzed in the 2011 specifications
IRFA. The following is provided for the
proposed scup increase; however, more
extensive information is available in the
November 17, 2010, IRFA summary
issued for the initially proposed 2011
scup specifications.
The proposed scup TAC/TAL increase
could affect any of the 398 federallypermitted commercial fishery vessels
that landed scup in 2009, the most
recent year for which complete permit
data are available. Under the Council’s
preferred alternative to increase the
scup TAC and TAL for 2011, labeled
Alternative 1B in the supplemental EA,
commercial fishing vessel revenues
could increase by $21,432 per vessel.
For comparison, this is 90 percent
higher than revenues associated with
the 2010 fishery levels and $12,940
higher than the estimated profits
associated with the currently
implemented commercial quota level.
In considering the scup TAC increase
recommended by the Council, NMFS
considered the range of possible TACs
analyzed by the Council. NMFS is
proposing the Council’s preferred
alternative without modification as it
meets the objectives of the FMP, the
Magnuson-Stevens Act, and other
applicable law while also providing the
lowest impact on regulated entities.
Quota levels above the preferred
alternative fail to satisfy the applicable
requirements and were adjudged by the
Council to be inconsistent with the
scientific advice provided by the SSC.
Lower TAC alternatives are more
restrictive than necessary as they have
higher impacts on regulated entities
than would the preferred alternative.
Recreational Management Measures
The proposed recreational
management measures could affect any
recreational angler who fishes for
summer flounder, scup, or black sea
bass in the EEZ or on a party/charter
vessel issued a Federal permit for
summer flounder, scup, and/or black
sea bass. However, the only regulated
entities affected by this action are party/
charter vessels issued a Federal permit
for summer flounder, scup, and/or black
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sea bass, and so the IRFA focuses upon
the expected impacts on this segment of
the affected public. These vessels are all
considered small entities for the
purposes of the RFA, i.e., businesses in
the recreational fishery with gross
revenues of up to $7.0 million. These
small entities can be specifically
identified in the Federal vessel permit
database and would be impacted by the
recreational measures, regardless of
whether they fish in Federal or state
waters. Although fishing opportunities
by individual recreational anglers may
be impacted by this action, they are not
considered small entities under the
RFA.
The Council estimated that the
proposed measures could affect any of
the 980 vessels possessing a Federal
charter/party permit for summer
flounder, scup, and/or black sea bass in
2009, the most recent year for which
complete permit data are available.
However, only 348 vessels reported
active participation in the 2009
recreational summer flounder, scup,
and/or black sea bass fisheries.
In the IRFA, the no-action alternative
(i.e., maintenance of the regulations as
codified) is: (1) For summer flounder,
coastwide measures of a 19.5-inch
(49.53-cm) minimum fish size, a 2-fish
possession limit, and an open season
from May 1 to September 30; (2) for
scup, a 10.5-inch (26.67-cm) minimum
fish size, a 10-fish possession limit, and
an open season of June 6 through
September 26; and (3) for black sea bass,
a 12.5-inch (31.75-cm) minimum size, a
25-fish possession limit, and open
seasons of May 22–October 11 and
November 1–December 31.
The impacts of the proposed action on
small entities (i.e., federally permitted
party/charter vessels in each state in the
Northeast region) were analyzed,
assessing potential changes in gross
revenues for all 18 combinations of
alternatives proposed. Although
NMFS’s RFA guidance recommends
assessing changes in profitability as a
result of proposed measures, the
quantitative impacts were instead
evaluated using expected changes in
party/charter vessel revenues as a proxy
for profitability. This is because reliable
cost and revenue information is not
available for charter/party vessels at this
time. Without reliable cost and revenue
data, profits cannot be discriminated
from gross revenues. As reliable cost
data become available, impacts to
profitability can be more accurately
forecast. Similarly, changes to long-term
solvency were not assessed, due both to
the absence of cost data and because the
recreational management measures
change annually according to the
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specification-setting process. Effects of
the various management measures were
analyzed by employing quantitative
approaches, to the extent possible.
Where quantitative data were not
available, qualitative analyses were
utilized.
Management measures proposed
under the summer flounder
conservation equivalency alternative
(Summer Flounder Alternative (1) have
yet to be adopted; therefore, potential
losses under this alternative could not
be analyzed in conjunction with various
alternatives proposed for scup and black
sea bass. Since conservation
equivalency allows each state to tailor
specific recreational fishing measures to
the needs of that state, while still
achieving conservation goals, it is
expected that the measures developed
under this alternative, when considered
in combination with the measures
proposed for scup and black sea bass,
would have fewer overall adverse effects
than any of the other combinations that
were analyzed.
Impacts for other combinations of
alternatives were examined by first
estimating the number of angler trips
aboard party/charter vessels in each
state in 2010 that would have been
affected by the proposed 2011
management measures. All 2010 party/
charter fishing trips that would have
been constrained by the proposed 2011
measures in each state were considered
to be affected trips. Marine Recreational
Fishery Statistics Survey (MRFSS) data
indicate that anglers took 30.66 million
fishing trips in 2010 in the Northeastern
U.S., and that party/charter anglers
accounted for 1.43 million of the angler
fishing trips, private/rental boat trips
accounted for 16.05 million angler
fishing trips, and shore trips accounted
for 13.17 million recreational angler
fishing trips.
There is very little empirical evidence
available to estimate how the party/
charter vessel anglers might be affected
by the proposed fishing regulations. If
the proposed measures discourage triptaking behavior among some of the
affected anglers, economic losses may
accrue to the party/charter vessel
industry in the form of reduced access
fees. On the other hand, if the proposed
measures do not have a negative impact
on the value or satisfaction the affected
anglers derive from their fishing trips,
party/charter revenues would remain
unaffected by this action. In an attempt
to estimate the potential changes in
gross revenues to the party/charter
vessel industry in each state, two
hypothetical scenarios were considered:
A 10-percent reduction and a 25-percent
reduction in the number of fishing trips
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that are predicted to be affected by
implementation of the management
measures in the Northeast (ME through
NC) in 2011.
Total economic losses to party/charter
vessels were then estimated by
multiplying the number of potentially
affected trips in each state in 2011,
under the two hypothetical scenarios,
by the estimated average access fee of
$107.13 paid by party/charter anglers in
the Northeast in 2010. Finally, total
economic losses were divided by the
number of federally permitted party/
charter vessels that participated in the
summer flounder fisheries in 2010 in
each state (according to homeport state
in the Northeast Region Permit
Database) to obtain an estimate of the
average projected gross revenue loss per
party/charter vessel in 2011. The
analysis assumed that angler effort and
catch rates in 2011 will be similar to
2010.
The Council noted that this method is
likely to overestimate the potential
revenue losses that would result from
implementation of the proposed
measures in these three fisheries for
several reasons. First, the analysis likely
overestimates the potential revenue
impacts of these measures because some
anglers would continue to take party/
charter vessel trips, even if the
restrictions limit their landings. Also,
some anglers may engage in catch and
release fishing and/or target other
species. It was not possible to estimate
the sensitivity of anglers to specific
management measures. Second, the
universe of party/charter vessels that
participate in the fisheries is likely to be
even larger than presented in these
analyses, as party/charter vessels that do
not possess a Federal summer flounder,
scup, or black sea bass permit because
they fish only in state waters are not
represented in the analyses. Considering
the large proportion of landings from
state waters (e.g., more than 88 percent
of summer flounder and 98 percent of
scup landings in 2009, respectively), it
is probable that some party/charter
vessels fish only in state waters and,
thus, do not hold Federal permits for
these fisheries. Third, economic losses
are estimated under two hypothetical
scenarios: (1) A 10-percent; and (2) a 25percent reduction in the number of
fishing trips that are predicted to be
affected by implementation of the
management measures in the Northeast
in 2011. Reductions in fishing effort of
this magnitude in 2011 are not likely to
occur, given the fact that the proposed
measures do not prohibit anglers from
keeping at least some of the fish they
catch, or the fact that there are
alternative species to harvest. Again, it
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is likely that at least some of the
potentially affected anglers would not
reduce their effort when faced with the
proposed landings restrictions, thereby
contributing to the potential
overestimation of potential impacts for
2011.
Impacts of Summer Flounder
Alternatives
The proposed action for the summer
flounder recreational fishery would
limit coastwide catch to 11.58 million lb
(5,254 mt) by imposing coastwide
Federal measures throughout the EEZ.
As described earlier, upon confirmation
that the proposed state measures would
achieve conservation equivalency,
NMFS may waive the permit condition
found at § 648.4(b), which requires
federally permitted vessels to comply
with the more restrictive management
measures when state and Federal
measures differ. Federally permitted
charter/party permit holders and
recreational vessels fishing for summer
flounder in the EEZ then would be
subject to the recreational fishing
measures implemented by the state in
which they land summer flounder,
rather than the coastwide measures.
Because states have yet to develop
specific 2011 management measures, it
is not yet possible to analyze the
potential impacts of Summer Flounder
Alternative 1, which would implement
conservation equivalency. However,
conservation equivalent recreational
management measures allow each state
to develop specific summer flounder
recreational measures, which would
allow the fishery to operate in each state
during critical fishing periods while still
achieving the conservation objectives.
This should help mitigate potential
adverse economic impacts. Therefore,
the Council concluded in its analysis
that Summer Flounder Alternative 1
would likely have the lowest potential
adverse impact of the alternatives
considered for the 2011 summer
flounder recreational fishery.
Because states have a choice of
developing specific measures in the
Commission’s conservation equivalency
process, it is expected that the states
would adopt conservation equivalent
measures that result in fewer adverse
economic impacts than the more
restrictive proposed precautionary
default measures (i.e., 20.0-inch (50.80cm) minimum fish size, a possession
limit of two fish, and an open season of
May 1 through September 30, 2011).
The precautionary default is a subalternative that may be implemented
under specific conditions, as outlined in
the preamble of this rule. As such, the
Council conducted analysis of the
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potential impact of implementing
precautionary default measures in 2011.
Under the precautionary default
measures, impacted trips are defined as
trips taken in 2010 that landed at least
one summer flounder smaller than 20.0
inches (50.80 cm), landed more than
two summer flounder, or landed
summer flounder during closed seasons.
The analysis concluded that
implementation of precautionary default
measures could affect 0.86 percent of
the party/charter vessel trips in the
Northeast, including those trips where
no summer flounder were caught.
The impacts of Summer Flounder
Alternative 2 for coastwide measures,
which would be implemented by NMFS
if conservation equivalency is
disapproved in the final rule, i.e., a
18.5-inch (46.99-cm), minimum fish
size, a two-fish possession limit, and a
fishing season from May 1 through
September 30, were evaluated in the
Council’s analysis. Impacted trips were
defined as individual angler trips taken
aboard party/charter vessels in 2010 that
landed at least one summer flounder
smaller than 18.5 inch (46.99 cm) that
landed more than two summer flounder,
or landed summer flounder during
closed seasons. The analysis concluded
that the measures would affect 0.79
percent of the party/charter vessel trips
in the Northeast.
Continuation of the summer flounder
coastwide management measures (i.e., a
20.0-inch (50.80-cm) minimum fish size,
two-fish possession limit, and a May 1
through September 1 fishing season) is
expected to constrain 2011 landings to
the recreational harvest limit; however,
continuation of those measures would
be more restrictive than necessary under
the summer flounder rebuilding plan
requirement established 2011
recreational harvest limit.
Impacts of Scup Alternatives
The proposed action for the scup
recreational fishery would implement
Federal coastwide management
measures throughout the EEZ. As
described earlier in the preamble, a
conservation equivalent program is
utilized by the Commission to manage
state waters and NMFS is concurrently
proposing an increase to the scup TAC/
TAL and recreational harvest limit and
establish scup recreational management
measures designed to achieve the
increased recreational harvest limit.
Federally permitted charter/party
permit holders and recreational vessels
fishing for scup in the EEZ would be
subject to the recreational fishing
measures implemented by NMFS;
charter/party vessels participating solely
in state waters without a Federal permit
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would be subject to the provisions
adopted by the Commission; federally
permitted scup party/charter vessels
participating in both state and Federal
waters would be subject to the more
restrictive of the two measures
implemented to manage the 2011 scup
recreational fishery.
Scup Alternative 1 (a 10.5-inch
(26.67-cm) minimum fish size, a 10-fish
per person possession limit, and open
season of June 6 through September 26)
is the status quo. As explained
elsewhere in the preamble, state and
Federal measures are expected to differ;
however, very little of the scup
recreational harvest occurs in Federal
waters of the EEZ. Affected trips under
Scup Alternative 1 were defined as trips
taken in 2010 that landed at least one
scup smaller than 10.5-inch (26.67-cm),
landed more than 10 scup, or landed
scup during the closed seasons (January
1–June 5 and September 27–December
31). Analysis concluded that 1.85
percent of federally permitted party/
charter vessel trips could be affected by
this alternative. While these measures
are the status quo, state and federal
measures differed in 2010. This
alternative is projected to constrain
landings to the Council and NMFS
proposed increased scup recreational
harvest limit of 5.74 million lb (2,604
mt).
The non-preferred scup coastwide
alternative (Scup Alternative 2; 10.5inch (26.67-cm) minimum fish size, 10fish per person possession limit, and
fishing seasons January 1–February 28
and October 1–31) is projected to
constrain landings to levels below the
current 2011 scup recreational harvest
limit. Affected trips under Scup
Alternative 2 were defined as trips taken
in 2010 that landed at least one scup
smaller than 10.5 inches (26.67 cm),
landed more than 10 scup, or landed
scup in the closed seasons. The analysis
concluded that this alternative could
impact 5.71 percent of federally
permitted party/charter vessel trips in
2011, if implemented.
Scup Alternative 3 measures (an 11.0inch (27.94-cm) minimum fish size, 10fish per person possession limit, and
fishing seasons May 24–September 26)
are expected to effectively constrain
landings to the current 2011 recreational
harvest limit if comparable measures are
utilized in state waters. Affected trips
under Scup Alternative 3 were defined
as trips taken in 2010 that landed at
least one scup smaller than 11.0-inch
(27.94-cm), landed more than 10 scup,
or landed scup in the closed seasons.
The analysis concluded that this
alternative could impact 1.83 percent of
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federally permitted party/charter vessel
trips in 2011, if implemented.
Because NMFS is proposing to
increase the 2011 scup recreational
harvest limit, the measures contained in
Scup Alternatives 2 and 3 are more
restrictive than necessary for managing
the 2011 fishery. The projected impacts
of Scup Alternative 3 are slightly less
than the measures proposed by NMFS;
however, the overall estimated
reduction in landings associated with
Alternative 3 are expected to be up to
25 percent from 2010 levels and, as
such, are more restrictive than necessary
for 2011.
Impacts of Black Sea Bass Alternatives
The proposed action for the black sea
bass recreational fishery would limit
coastwide catch to 1.84 million lb (835
mt) by imposing coastwide Federal
measures throughout the EEZ. The
impact of Black Sea Bass Alternative 1
(a 13.0-inch (33.02-cm) minimum fish
size, a 25-fish per person possession
limit, and an open season of July 1–
October 1 and November 1–December
31), is projected to reduce black sea bass
landings by 41 percent in 2011 from
2010 levels. These measures would
likely ensure that landings remain
below the 2011 recreational harvest
limit. Impacted trips were defined as
trips taken in 2010 that landed at least
one black sea bass smaller than 13.0inch (33.02-cm), landed more than 25
black sea bass, or landed black sea bass
during the proposed closed seasons
(January 1–June 30 and October 2–31).
Analysis concluded that 3.45 percent of
federally permitted party/charter vessel
trips could be affected by this
alternative.
The non-preferred black sea bass
coastwide alternative for status quo
(Black Sea Bass Alternative 2; 12.5-inch
(31.75-cm) minimum fish size, 25-fish
per person possession limit, and fishing
seasons of May 22–October 11 and
November 1–December 31) is not
expected to constrain 2011 landings to
the recreational harvest limit if
implemented in both state and Federal
waters. Individual states may, though
the Commission’s Addendum XXI,
adopt sufficiently restrictive measures
that when paired with the Black Sea
Bass Alternative 2 measures in Federal
waters, achieve the required reduction
in landings to constrain harvest to the
2011 recreational harvest limit. The
Black Sea Bass Alternative 2 measures
could affect 0.76 percent of the effort
onboard party/charter vessels if
implemented in 2011.
Black Sea Bass Alternative 3 (a 12.5inch (31.75-cm) minimum fish size, 25fish per person possession limit, and no
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closed season) is not expected to
effectively constrain landings to the
2011 recreational harvest limit and, as
such, is not consistent with the
objectives of the FMP or MagnusonStevens Act.
Potential 2011 Regional Economic
Impact Analysis Summary
Regionally, projected federally
permitted party/charter revenue losses
in 2011 range from $2.1 million to $7.8
million in sales, $686 thousand to $2.6
million in income, and between 40 and
156 jobs, if a 10-percent reduction in the
number of affected trips occurs. The
estimated losses are approximately two
and a half times as high if a 25-percent
reduction in affected trips is assumed to
occur.
Potential revenue losses in 2011 could
differ for federally permitted party/
charter vessels that land more than one
of the regulated species. The cumulative
maximum gross revenue loss per vessel
varies by the combination of permits
held and by state. All 18 potential
combinations of management
alternatives for summer flounder, scup,
and black sea bass are predicted to affect
party/charter vessel revenues to some
extent in all of the Northeast coastal
states. Although potential losses were
estimated for party/charter vessels
operating out of ME and NH, these
results are suppressed for
confidentiality purposes. Average party/
charter losses for federally permitted
vessels operating in the remaining states
are estimated to vary across the 18
combinations of alternatives. For
example, in NY, average losses are
predicted to range from a high of $3,477
to a low of $593 per vessel, assuming a
10-percent reduction in effort, as
described above. Average gross revenue
losses per vessel under each of the 18
combinations of alternatives were
generally highest in NC followed by
MA, NJ, NY, RI, CT, MD, VA, then DE.
Across states, average gross projected
revenue losses range from a low of $19
per vessel in DE to $19,003 in NC.
Summary
The proposed recreational
management measures for summer
flounder in the Commission’s
conservation equivalency are likely to
be similar or more liberal for 2011 (i.e.,
either smaller minimum fish size,
higher possession limits, and/or longer
fishing seasons) under the proposed
conservation equivalency system
(Summer Flounder Alternative 1) than
those in place in 2010. If the
Commission approves state-developed
measures as conservational equivalent
to the coastwide measures, measures for
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Federal waters adopted by waiving
§ 648.4(b) may also be similar or more
liberal for 2011 if NMFS approves
conservation equivalency in the final
rule.
NMFS is proposing to keep the status
quo with respect to scup recreational
management measures for 2011, but is
proposing an increase to the recreational
harvest limit resulting from increases to
the scup TAC and TAL. The rationale
for this proposed increase is outlined in
the preamble to this rule and not
repeated here.
The proposed measures for black sea
bass are more restrictive than the
measures in place for 2010; however,
NMFS may retain the status quo
measures for Federal waters, but it is
dependent on efforts underway by the
Commission to devise and implement a
state waters management system that,
when paired with the 2010 status quo
measures for Federal waters, will result
in the necessary reduction in 2011
landings from 2010 levels.
The proposed management measures,
or management system in the case of
conservation equivalency, were chosen
because they allow for the maximum
level of recreational landings, while
allowing the NMFS to achieve the
objectives of the FMP. Summer flounder
conservation equivalency allows states
to implement management measures
tailored, to some degree, to meet the
needs of their individual respective
recreational fishery participants,
provided the level of reduction is equal
to the overall reduction needed
coastwide, consistent with Framework
Adjustment 2 to the FMP.
The proposed measures for scup,
when used in concert with the proposed
increase to the 2011 recreational harvest
limit, are expected to achieve the
required reduction in 2011 landings
from 2010 levels, provided that
comparable state measures are
implemented through the Commission.
Because it appears likely that the 2011
Commission measures may differ from
Federal measures, NMFS will consider
public comment and more closely
examine the Commission measures to
determine the likelihood that
overfishing could occur as a result of the
combined proposed Federal and
Commission measures before publishing
a final rule. The majority of scup
recreational harvest occurs within state
waters.
The proposed black sea bass
management measures were selected
because they are the only set of
measures proposed by the Council that
are projected to constrain landings to
the recreational harvest limit. As
discussed in the preamble, there is a
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possibility that status quo measures may
be retained depending on the outcome
of the Commission’s Addendum XXI
process. However, NMFS must at this
time propose measures that achieve the
objectives of the FMP and MagnusonStevens Act by constraining 2011
harvest of black sea bass to the
recreational harvest limit.
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, Reporting and
recordkeeping requirements.
§ 648.105
Dated: April 15, 2011.
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
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 648.102 is revised to read
as follows:
§ 648.102
Time restrictions.
Unless otherwise specified pursuant
to § 648.107, vessels that are not eligible
for a moratorium permit under
§ 648.4(a)(3) and fishermen subject to
the possession limit may fish for
summer flounder from May 1 through
September 30. This time period may be
adjusted pursuant to the procedures in
§ 648.100.
3. In § 648.103, paragraph (b) is
revised to read as follows:
Minimum fish sizes.
*
jlentini on DSKJ8SOYB1PROD with PROPOSALS
§ 648.103
*
*
VerDate Mar<15>2010
*
*
16:05 Apr 20, 2011
Jkt 223001
(b) Unless otherwise specified
pursuant to § 648.107, the minimum
size for summer flounder is 18.5 inch
(46.99 cm) TL for all vessels that do not
qualify for a moratorium permit, and
charter boats holding a moratorium
permit if fishing with more than three
crew members, or party boats holding a
moratorium permit if fishing with
passengers for hire or carrying more
than five crew members.
*
*
*
*
*
4. In § 648.105, the first sentence of
paragraph (a) is revised to read as
follows:
Possession restrictions.
(a) Unless otherwise specified
pursuant to § 648.107, no person shall
possess more than two summer flounder
in, or harvested from, the EEZ, unless
that person is the owner or operator of
a fishing vessel issued a summer
flounder moratorium permit, or is
issued a summer flounder dealer permit.
* * *
*
*
*
*
*
5. In § 648.107, paragraph (a)
introductory text and paragraph (b) are
revised to read as follows:
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by Massachusetts through North
Carolina for 2011 are the conservation
equivalent of the season, minimum fish
size, and possession limit prescribed in
§§ 648.102, 648.103, and 648.105(a),
respectively. This determination is
based on a recommendation from the
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission.
*
*
*
*
*
(b) Federally permitted vessels subject
to the recreational fishing measures of
this part, and other recreational fishing
vessels subject to the recreational
PO 00000
Frm 00035
Fmt 4702
Sfmt 9990
fishing measures of this part and
registered in states whose fishery
management measures are not
determined by the Regional
Administrator to be the conservation
equivalent of the season, minimum size,
and possession limit prescribed in
§§ 648.102, 648.103(b) and 648.105(a),
respectively, due to the lack of, or the
reversal of, a conservation equivalent
recommendation from the Summer
Flounder Board of the Atlantic States
Marine Fisheries Commission, shall be
subject to the following precautionary
default measures: Season—May 1
through September 30; minimum size—
20.0 inches (50.80 cm); and possession
limit—two fish.
6. Section 648.142 is revised to read
as follows:
§ 648.142
Time restrictions.
Vessels that are not eligible for a
moratorium permit under § 648.4(a)(7),
and fishermen subject to the possession
limit specified in § 648.145(a), may
possess black sea bass from July 1
through October 1 and November 1
through December 31, unless this time
period is adjusted pursuant to the
procedures in § 648.140.
7. In § 648.143, paragraph (b) is
revised to read as follows:
§ 648.143
Minimum sizes.
*
*
*
*
*
(b) The minimum fish size for black
sea bass is 13.0 inches (33.02 cm) TL for
all vessels that do not qualify for a
moratorium permit, and for party boats
holding a moratorium permit, if fishing
with passengers for hire or carrying
more than five crew members, and for
charter boats holding a moratorium
permit, if fishing with more than three
crew members.
*
*
*
*
*
[FR Doc. 2011–9627 Filed 4–20–11; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\21APP1.SGM
21APP1
]]>Agencies
[Federal Register Volume 76, Number 77 (Thursday, April 21, 2011)]
[Proposed Rules]
[Pages 22350-22358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9627]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 110222150-1152-02]
RIN 0648-BA92
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; 2011 Scup Specifications; Fishing Year 2011
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes two actions in this rulemaking: An increase to
the previously implemented scup commercial and recreational landing
allowances for 2011 (specifications) and management measures for the
2011 summer flounder, scup, and black sea bass recreational fisheries.
Inclusion of the proposed scup specification increase in this
rulemaking is necessary to provide an opportunity for the public to
comment on the revised recommendation from the Mid-Atlantic Fishery
Management Council (Council) to increase the commercial and
recreational scup landing allowances for 2011. The recreational
management measures are necessary to comply with the implementing
regulations for these fisheries which require NMFS to publish
recreational measures for the fishing year and to provide an
opportunity for public comment. The intent of the scup increase is to
permit greater commercial and recreational harvest opportunity while
preventing overfishing on the scup stock. Recreational management
measures are
[[Page 22351]]
similarly intended to ensure that overfishing the summer flounder,
scup, and black sea bass resources in 2011 is unlikely to occur.
DATES: Comments must be received by 5 p.m. local time, on May 23, 2011.
ADDRESSES: You may submit comments, identified by RIN 0648-BA92, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal https://www.regulations.gov.
Fax: (978) 281-9135, Attn: Comments on 2011 Scup
Specifications Increase and Summer Flounder, Scup, and Black Sea Bass
Recreational Management Measures, 0648-BA92.
Mail and hand delivery: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope:
``Comments on 2011 Scup Specifications Increase and Summer Flounder,
Scup, and Black Sea Bass Recreational Management Measures, 0648-BA92.''
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
Copies of the proposed scup increase Supplement Environmental
Assessment (SEA) to the 2011 specifications and the recreational
management measures document, including the Environmental Assessment,
Regulatory Impact Review, and Initial Regulatory Flexibility Analysis
(EA/RIR/IRFA) and other supporting documents for both the scup
specifications increase and the recreational management measures are
available 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 https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Michael Ruccio, Fishery Policy
Analyst, (978) 281-9104.
SUPPLEMENTARY INFORMATION:
General Background
The summer flounder, scup, and black sea bass fisheries are managed
cooperatively under the provisions of the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP) developed by the Council
and the Atlantic States Marine Fisheries Commission (Commission), in
consultation with the New England and South Atlantic Fishery Management
Councils. The management units specified in the FMP include summer
flounder (Paralichthys dentatus) in U.S. waters of the Atlantic Ocean
from the southern border of North Carolina (NC) northward to the U.S./
Canada border, and scup (Stenotomus chrysops) and black sea bass
(Centropristis striata) in U.S. waters of the Atlantic Ocean from 35 E.
13.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, NC)
northward to the U.S./Canada border.
The Council prepared the FMP under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
16 U.S.C. 1801 et seq. Regulations implementing the FMP appear at 50
CFR part 648, subparts A (general provisions), G (summer flounder), H
(scup), and I (black sea bass). General regulations governing fisheries
of the Northeastern U.S. also appear at 50 CFR part 648. States manage
these three species within 3 nautical miles (4.83 km) of their coasts,
under the Commission's plan for summer flounder, scup, and black sea
bass. The applicable species-specific Federal regulations govern
vessels and individual fishermen fishing in Federal waters of the
exclusive economic zone (EEZ), as well as vessels possessing a summer
flounder, scup, or black sea bass Federal charter/party vessel permit,
regardless of where they fish.
2011 Scup Specifications Increase
Specifications for the 2011 summer flounder, scup, and black sea
bass fisheries published in the Federal Register on December 28, 2010,
and became effective on January 1, 2011 (75 FR 81498). This rule
established 2011 scup specifications, as follows: A Total Allowable
Catch (TAC) of 24.1 million lb (10,932 mt); a 20.0-million-lb (9,072-
mt) Total Allowable Landings (TAL), including research set-aside (RSA)
of 396,500 lb (180 mt); a commercial quota of 15,290,730 lb (6,936 mt);
and a recreational harvest limit of 4,312,770 lb (1,956 mt). During the
December 2010 Council meeting, the Council recommended to NMFS an
increase in the 2011 scup specifications. The Council's action to
potentially increase the 2011 scup specifications was taken to prevent
potential negative impacts on recreational fishermen and provide for
recreational fishing opportunities that might not be available under
the previously implemented lower, more restrictive landing limit.
Adoption of the Council's recommendation for increased scup
specifications, which includes an increase to the scup recreational
harvest limit, would permit the use of status quo recreational
management measures for the 2011 fishery. See the scup recreational
management measures section later in this preamble for additional
information on how the potential increase recreational harvest limit
impacts to the recreational fishery.
The Council formally submitted the increased scup specification
recommendation to NMFS for review and rulemaking on January 26, 2011.
The Council's revised scup specifications recommendation would increase
the 2011 TAC to 31.92 million lb (14,479 mt) from the current TAC of
24.1 million lb (10,932 mt). After removal of estimated 2011 discards,
the resulting increased TAL would be 26.50 million lb (12,020 mt).
Because the 2011 RSA has already been awarded for scup, the Council
recommended, and NMFS agrees, that no change to the RSA level should
occur as a result of the increased scup specifications. Thus, after
deducting the 2011 awarded RSA of 396,500 lb (180 mt) and applying the
allocation criteria within the FMP, the increased commercial quota
would be 20.36 million lb (9,235 mt) and the adjusted recreational
harvest limit would be 5.74 million lb (2,604 mt).
In considering the scup TAC increase recommended by the Council,
NMFS considered the range of possible TACs analyzed by the Council.
NMFS is proposing the Council's preferred alternative without
modification as it meets the objectives of the FMP, the Magnuson-
Stevens Act, and other applicable law. Quota levels above the preferred
alternative fail to satisfy the applicable requirements and were
adjudged by the Council to be inconsistent with the scientific advice
provided by the SSC. Lower TAC alternatives are more restrictive than
necessary to meet the objectives of the FMP and would have higher
socio-economic impacts on fishery participants.
Table 1 contains the scup commercial quota period information that
would result from the proposed increase. All additional commercial scup
measures, including possession limits and the amount of unused Winter I
(January-May) commercial quota that may be
[[Page 22352]]
rolled over to the Winter II (November-December) fishing period, remain
unchanged from those published in the Federal Register on December 28,
2010 (75 FR 81498).
Table 1--Proposed Revised Commercial SCUP Quota Allocations for 2011 by Quota Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total allowable Estimated discards Initial quota Initial quota less Adjusted quota less
------------------------------------------- catch -------------------------------------------- overages (through 10/ overages and RSA
---------------------- 31/2009) ---------------------
Quota period Percent lb mt lb mt ----------------------
share lb mt lb mt lb mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I........................ 45.11 11,231,307 5,094 1,907,070 865 9,324,237 4,229 N/A N/A 9,184,725 4,166
Summer.......................... 38.95 9,697,615 4,399 1,646,650 747 8,050,965 3,652 N/A N/A 7,930,504 3,597
Winter II....................... 15.94 3,968,677 1,800 673,879 306 3,294,798 1,494 N/A N/A 3,245,500 1,472
-----------------------------------------------------------------------------------------------------------------------
Total....................... 100.0 24,897,600 11,293 4,227,600 1,918 20,670,000 9,376 N/A N/A 20,360,730 9,235
--------------------------------------------------------------------------------------------------------------------------------------------------------
NMFS is proposing to implement the Council's recommendation for a
33-percent increase to the 2011 scup specifications. The increase would
remain well below the 2011 scup Acceptable Biological Catch (ABC) of
51.70 million lb (23,451 mt). Furthermore, the increase would be below
the scup maximum sustainable yield (MSY) level of 35.60 million lb
(16,148 mt) and is consistent with the recommendation provided in a
2008 scup stock assessment and reiterated by the Council's Scientific
and Statistical Committee for the 2011 fishery advising against rapid
increases in specification levels to meet MSY.
Recreational Management Measures Background
The Council process for devising recreational management measures
to recommend to NMFS for rulemaking is generically described in the
following section. All meetings are open to the public and the
materials utilized during such meetings, as well as any documents
created to summarize the meeting results, are public information and
typically posted on the Council's Web site (https://www.mafmc.org) or
are available from the Council by request. Extensive background on the
2011 recreational management measures recommendation process is
therefore not repeated in this preamble.
The FMP established Monitoring Committees (Committees) for the
three fisheries, consisting of representatives from the Commission, the
Council, state marine fishery agency representatives from MA to NC, and
NMFS. The FMP's implementing regulations require the Committees to
review scientific and other relevant information annually and to
recommend management measures necessary to constrain landings within
the recreational harvest limits established for the summer flounder,
scup, and black sea bass fisheries for the upcoming fishing year. The
FMP limits the choices for the types of measures to minimum fish size,
possession limit, and fishing season.
The Council's Demersal Species Committee, and the Commission's
Summer Flounder, Scup, and Black Sea Bass Management Board (Board) then
consider the Committees' recommendations and any public comment in
making their recommendations to the Council and the Commission,
respectively. The Council reviews the recommendations of the Demersal
Species Committee, makes its own recommendations, and forwards them to
NMFS for review. The Commission similarly adopts recommendations for
the states. NMFS is required to review the Council's recommendations to
ensure that they are consistent with the targets specified for each
species in the FMP and all applicable laws and Executive Orders before
ultimately implementing measures for Federal waters.
All minimum fish sizes discussed hereafter are total length
measurements of the fish, i.e., the straight-line distance from the tip
of the snout to the end of the tail while the fish is lying on its
side. For black sea bass, total length measurement does not include the
caudal fin tendril. All possession limits discussed below are per
person.
Proposed 2011 Recreational Management Measures
NMFS is proposing through this rule the following measures to apply
in the Federal waters of the EEZ and to all federally permitted party/
charter vessels with applicable summer flounder, scup, or black sea
bass permits regardless of where they fish for the 2011 recreational
summer flounder, scup, and black sea bass fisheries: For summer
flounder, use of state-by-state conservation equivalency measures,
which are the status quo measures; for scup, a 10.5-inch (26.67-cm)
minimum fish size, a 10-fish per person possession limit, and an open
season of June 6 through September 26, which are the status quo
measures; and, for black sea bass, a 13.0-inch (33.02-cm) minimum fish
size, a 25-fish per person possession limit, and open season of July 1
through October 1 and November 1 through December 31. NMFS will
consider retaining or reinstating status quo black sea bass measures,
as needed, for Federal waters (i.e., a 12.5-in (31.75-cm) minimum fish
size, a 25-fish per person possession limit and fishing seasons from
May 22-October 11 and November 1-December 31) if the Commission
develops and implements a state-waters conservation equivalency system
that, when paired with the Federal status quo measures, provides the
necessary conservation to ensure the 2011 recreational harvest limit
will not be exceeded. More detail on these proposed measures is
provided in the following sections.
Summer Flounder Recreational Management Measures
The 2011 recreational harvest limit for summer flounder is
11,583,424 lb (5,254 mt), a 35-percent increase from the 2010 limit of
8.59 million lb (3,896 mt). Final landings for 2010 are 4.98 million lb
(2,259 mt), well below the recreational harvest limit. The Council and
Commission have recommended the use of conservation equivalency to
manage the 2011 summer flounder recreational fishery.
NMFS implemented Framework Adjustment 2 to the FMP on July 29, 2001
(66 FR 36208), to permit the use of conservation equivalency to manage
the recreational summer flounder fishery. Conservation equivalency
allows each state to establish its own recreational management measures
(possession limits, minimum fish size, and fishing seasons) to achieve
its state harvest limit partitioned from the coastwide recreational
harvest limit by the Commission, as long as the combined effect of all
of the states' management measures achieves the same level of
conservation as would Federal coastwide measures.
[[Page 22353]]
The Council and Board annually recommend that either state- or
region-specific recreational measures be developed (conservation
equivalency) or coastwide management measures be implemented by all
states to ensure that the recreational harvest limit will not be
exceeded. Even when the Council and Board recommend conservation
equivalency, the Council must specify a set of coastwide measures that
would apply if conservation equivalency is not approved for use in
Federal waters.
When conservation equivalency is recommended, and following
confirmation that the proposed state measures developed through the
Commission's technical and policy review processes achieve conservation
equivalency, NMFS may waive the permit condition found at Sec.
648.4(b), which requires Federal permit holders to comply with the more
restrictive management measures when state and Federal measures differ.
In such a situation, federally permitted summer flounder charter/party
permit holders and individuals fishing for summer flounder in the EEZ
would then be subject to the recreational fishing measures implemented
by the state in which they land summer flounder, rather than the
coastwide measures.
In addition, the Council and the Board must recommend precautionary
default measures when recommending conservation equivalency. The
Commission would require adoption of the precautionary default measures
by any state that either does not submit a summer flounder management
proposal to the Commission's Summer Flounder Technical Committee, or
that submits measures that would exceed the Commission-specified
harvest limit for that state.
Much of the conservation equivalency measures development process
happens at both the Commission and individual state level. The
selection of appropriate data and analytic techniques for technical
review of potential state conservation equivalent measures and the
process by which the Commission evaluates and recommends proposed
conservation equivalent measures is wholly a function of the Commission
and its individual member states. Individuals seeking information
regarding the specific state measure development process or the
Commission process for technical evaluation of proposed measures should
contact the marine fisheries agency in the state of interest, the
Commission, or both.
Once states select their final 2011 summer flounder management
measures through their respective development, analytical, and review
processes and submit them to the Commission, the Commission will
conduct further review and evaluation of the state-submitted proposals,
ultimately notifying NMFS as to which individual state proposals have
been approved or disapproved. NMFS has no overarching authority in the
state or Commission management measure development, but is an equal
participant along with all the member states in the measures review
process. NMFS retains the final authority either to approve or to
disapprove the use of conservation equivalency in place of the
coastwide measures, and will publish its determination as a final rule
in the Federal Register to establish the 2011 recreational measures for
these fisheries.
States that do not submit conservation equivalency proposals, or
whose proposals are disapproved by the Commission, will be required by
the Commission to adopt the precautionary default measures. In the case
of states that are initially assigned precautionary default measures,
but subsequently receive Commission approval of revised state measures,
NMFS will publish a notice in the Federal Register announcing a waiver
of the permit condition at Sec. 648.4(b).
The 2011 precautionary default measures recommended by the Council
and Board are for a 20.0-inch (50.80-cm) minimum fish size, a
possession limit of two fish, and an open season of May 1 through
September 30, 2011.
As described above, for each fishing year, NMFS implements either
coastwide measures or conservation equivalent measures at the final
rule stage. The 2011 coastwide measures recommended by the Council and
Board for 2011 are an 18.5-inch (46.99-cm) minimum fish size, a
possession limit of two fish, and an open season from May 1 to
September 30, 2011.
In this action, NMFS proposes to implement conservation equivalency
with a precautionary default backstop, as previously outlined, for
states that either fail to submit conservation equivalent measures or
whose measures are not approved by the Commission. NMFS proposes the
alternative of coastwide measures, as previously described, for use if
conservation equivalency is not approved in the final rule. The
coastwide measures would be waived if conservation equivalency is
approved in the final rule.
Scup Recreational Management Measures
The 2011 scup recreational harvest limit is currently 4,312,770 lb
(1,956 mt), as implemented by the December 28, 2010, specifications
final rule (75 FR 81498); however, through this rule NMFS is proposing
to increase the 2011 scup recreational harvest limit to 5.74 million lb
(2,604 mt). Estimated 2010 scup recreational landings are 5.74 million
lb (2,604 mt). The Council and Commission have recommended measures
that reflect the status quo for the 2011 scup recreational fishery. The
status quo measures for Federal waters are for a 10.5-in (26.67-cm)
minimum fish size, a 10-fish per person possession limit, and an open
season of June 6 through September 26 (i.e., closed season from January
1-June 5 and again from September 27-December 31). NMFS proposes to
retain scup recreational management measures that reflect the status
quo for 2011 in Federal waters for use in conjunction with the
increased recreational harvest limit proposed concurrently by this
rule.
NMFS acknowledges that the Commission has indicated its intent to
continue managing the recreational scup fishery through a Commission-
based conservation equivalency program that has no comparable measures
in the Federal FMP. Thus, recreational management measures will differ
between state and Federal waters in 2011. Historically, very little of
the scup recreational harvest comes from the Federal waters of the EEZ.
The scup recreational harvest from Federal waters for 2009 was
approximately 2 percent of the total coastwide landings.
Black Sea Bass Recreational Management Measures
The 2011 black sea bass recreational harvest limit is 1.84 million
lb (835 mt), as published in final rule (75 FR 81498; December 28,
2010). The 2010 black sea bass recreational landings were 3.11 million
lb (1,411 mt); thus, a 41-percent coastwide reduction in landings from
2010 levels would be required to constrain landings to the 2011 black
sea bass recreational harvest limit.
The Council has recommended measures designed to achieve a 41-
percent reduction in black sea bass recreational landings. These
measures for Federal waters are a 13.0-inch (33.02-cm) minimum fish
size, a 25-fish per person possession limit, and open season of July 1
through October 1 and November 1 through December 31 (i.e., closed
seasons from January 1-June 30 and October 2-31).
Concurrent with the development of this proposed rule, the
Commission has initiated development of Addendum XXI to the
Commission's Black Sea Bass FMP. This addendum contemplates application
of state-by-state conservation equivalency approaches for black sea
bass recreational management measures in state waters.
[[Page 22354]]
Interested parties are urged to contact the Commission directly (https://www.asmfc.org or (703) 842-0740) as NMFS has only a participatory role
in the Commission's process as a Commission voting member. The Council
has initiated development of an amendment to the Federal FMP to examine
these types of approaches for application in Federal waters; however,
the amendment process at the Federal level takes more time to complete
than the Commission's addendum process and cannot be completed in time
to implement for the 2011 fishing year.
In anticipation that the Commission may develop a conservation
equivalency system for state waters, the Council recommended to NMFS
that Federal waters black sea bass measures stay or revert to the
status quo, as needed, dependent on the completion of the Commission's
Addendum XXI. The Council indicated that the as of yet completed
Commission measures for state waters, when paired with the status quo
measures for Federal waters, are anticipated to achieve the required
reduction necessary for the 2011 black sea bass recreational fishery.
NMFS is proposing to implement the aforementioned Council-recommended
measures (13.0-inch (33.02-cm) minimum fish size, 25-fish possession
limit, and July 1-October 1 and November 1-December 31 season) for
Federal waters while the Commission's process for state waters
conservation equivalency proceeds. This approach is consistent with the
joint Council and Commission discussion and motions jointly adopted
during the December 15, 2010, meeting at which recreational management
measures options were contemplated and approved by both groups.
If the Commission completes a state waters conservation equivalency
system for 2011, it is expected that formal analyses and correspondence
from the Commission will be provided to both the Council and NMFS
conveying the state waters conservation equivalency measures for 2011.
In addition, it is expected that the correspondence will demonstrate
that the Commission-based conservation equivalency program paired with
the status quo Federal measures (i.e., a 12.5-in (31.75-cm) minimum
fish size, 25-fish per person possession limits and May 22-October 11
and November 1-December 31 seasons) are sufficient to constrain
recreational landings to the 1.84 million lb (835 mt) recreational
harvest limit for 2011. If the timing of this Commission process is
complete, including the necessary correspondence to NMFS and the
Council, before a final rule has been issued by NMFS for the 2011
recreational management measures, NMFS may leave the status quo
measures in place for Federal waters. The decision to retain the status
quo measures for Federal waters will be contingent on the as of yet to
be completed analyses and recommendation from the Commission, and any
such decision would be relayed in the final rule published in the
Federal Register. If the Commission conservation equivalency
development process extends beyond the issuance of a recreational
management measures final rule, NMFS may issue a second rule to
reinstate 2010 measures for Federal waters (i.e., revert to status
quo), pending the completion of the Commission process and concurrence
by NMFS that the combination of state waters conservation equivalency
and status quo Federal measures will achieve the desired 2011 fishery
performance. Should the Commission ultimately disapprove or elect not
to approve conservation equivalency measures for use in state waters
for the 2011 fishery, then Federal measures would remain as proposed in
this rule for the duration of the 2011 fishing year: A 13.0-inch
(33.02-cm) minimum fish size, 25-fish possession limit, and July 1-
October 1 and November 1-December 31.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
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.
IRFAs were prepared for both the scup specifications and the
recreational management measures, as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFAs describe the economic
impact this proposed rule, if adopted, would have on small entities. A
description of the action, why it is being considered, and the legal
basis for the two actions is contained in the preamble and in the
SUMMARY of this proposed rule. A summary of the analyses follows.
Copies of the complete IRFAs are available from the Council (see
ADDRESSES).
This proposed rule does not duplicate, overlap, or conflict with
other Federal rules.
Proposed Scup TAC/TAL Increase
The potential impacts of the 2011 scup specifications was provided
in the IRFA for the 2011 summer flounder, scup, and black sea bass
specifications proposed rule published in the Federal Register on
November 17, 2010, (75 FR 70192). At 31.92 million lb (14,479 mt), the
scup TAC increase proposed by this rule is within the 24.10 million lb
(10,932 mt) to 35.63 million lb (16,157 mt) TAC range previously
described and analyzed in the 2011 specifications IRFA. The following
is provided for the proposed scup increase; however, more extensive
information is available in the November 17, 2010, IRFA summary issued
for the initially proposed 2011 scup specifications.
The proposed scup TAC/TAL increase could affect any of the 398
federally-permitted commercial fishery vessels that landed scup in
2009, the most recent year for which complete permit data are
available. Under the Council's preferred alternative to increase the
scup TAC and TAL for 2011, labeled Alternative 1B in the supplemental
EA, commercial fishing vessel revenues could increase by $21,432 per
vessel. For comparison, this is 90 percent higher than revenues
associated with the 2010 fishery levels and $12,940 higher than the
estimated profits associated with the currently implemented commercial
quota level.
In considering the scup TAC increase recommended by the Council,
NMFS considered the range of possible TACs analyzed by the Council.
NMFS is proposing the Council's preferred alternative without
modification as it meets the objectives of the FMP, the Magnuson-
Stevens Act, and other applicable law while also providing the lowest
impact on regulated entities. Quota levels above the preferred
alternative fail to satisfy the applicable requirements and were
adjudged by the Council to be inconsistent with the scientific advice
provided by the SSC. Lower TAC alternatives are more restrictive than
necessary as they have higher impacts on regulated entities than would
the preferred alternative.
Recreational Management Measures
The proposed recreational management measures could affect any
recreational angler who fishes for summer flounder, scup, or black sea
bass in the EEZ or on a party/charter vessel issued a Federal permit
for summer flounder, scup, and/or black sea bass. However, the only
regulated entities affected by this action are party/charter vessels
issued a Federal permit for summer flounder, scup, and/or black
[[Page 22355]]
sea bass, and so the IRFA focuses upon the expected impacts on this
segment of the affected public. These vessels are all considered small
entities for the purposes of the RFA, i.e., businesses in the
recreational fishery with gross revenues of up to $7.0 million. These
small entities can be specifically identified in the Federal vessel
permit database and would be impacted by the recreational measures,
regardless of whether they fish in Federal or state waters. Although
fishing opportunities by individual recreational anglers may be
impacted by this action, they are not considered small entities under
the RFA.
The Council estimated that the proposed measures could affect any
of the 980 vessels possessing a Federal charter/party permit for summer
flounder, scup, and/or black sea bass in 2009, the most recent year for
which complete permit data are available. However, only 348 vessels
reported active participation in the 2009 recreational summer flounder,
scup, and/or black sea bass fisheries.
In the IRFA, the no-action alternative (i.e., maintenance of the
regulations as codified) is: (1) For summer flounder, coastwide
measures of a 19.5-inch (49.53-cm) minimum fish size, a 2-fish
possession limit, and an open season from May 1 to September 30; (2)
for scup, a 10.5-inch (26.67-cm) minimum fish size, a 10-fish
possession limit, and an open season of June 6 through September 26;
and (3) for black sea bass, a 12.5-inch (31.75-cm) minimum size, a 25-
fish possession limit, and open seasons of May 22-October 11 and
November 1-December 31.
The impacts of the proposed action on small entities (i.e.,
federally permitted party/charter vessels in each state in the
Northeast region) were analyzed, assessing potential changes in gross
revenues for all 18 combinations of alternatives proposed. Although
NMFS's RFA guidance recommends assessing changes in profitability as a
result of proposed measures, the quantitative impacts were instead
evaluated using expected changes in party/charter vessel revenues as a
proxy for profitability. This is because reliable cost and revenue
information is not available for charter/party vessels at this time.
Without reliable cost and revenue data, profits cannot be discriminated
from gross revenues. As reliable cost data become available, impacts to
profitability can be more accurately forecast. Similarly, changes to
long-term solvency were not assessed, due both to the absence of cost
data and because the recreational management measures change annually
according to the specification-setting process. Effects of the various
management measures were analyzed by employing quantitative approaches,
to the extent possible. Where quantitative data were not available,
qualitative analyses were utilized.
Management measures proposed under the summer flounder conservation
equivalency alternative (Summer Flounder Alternative (1) have yet to be
adopted; therefore, potential losses under this alternative could not
be analyzed in conjunction with various alternatives proposed for scup
and black sea bass. Since conservation equivalency allows each state to
tailor specific recreational fishing measures to the needs of that
state, while still achieving conservation goals, it is expected that
the measures developed under this alternative, when considered in
combination with the measures proposed for scup and black sea bass,
would have fewer overall adverse effects than any of the other
combinations that were analyzed.
Impacts for other combinations of alternatives were examined by
first estimating the number of angler trips aboard party/charter
vessels in each state in 2010 that would have been affected by the
proposed 2011 management measures. All 2010 party/charter fishing trips
that would have been constrained by the proposed 2011 measures in each
state were considered to be affected trips. Marine Recreational Fishery
Statistics Survey (MRFSS) data indicate that anglers took 30.66 million
fishing trips in 2010 in the Northeastern U.S., and that party/charter
anglers accounted for 1.43 million of the angler fishing trips,
private/rental boat trips accounted for 16.05 million angler fishing
trips, and shore trips accounted for 13.17 million recreational angler
fishing trips.
There is very little empirical evidence available to estimate how
the party/charter vessel anglers might be affected by the proposed
fishing regulations. If the proposed measures discourage trip-taking
behavior among some of the affected anglers, economic losses may accrue
to the party/charter vessel industry in the form of reduced access
fees. On the other hand, if the proposed measures do not have a
negative impact on the value or satisfaction the affected anglers
derive from their fishing trips, party/charter revenues would remain
unaffected by this action. In an attempt to estimate the potential
changes in gross revenues to the party/charter vessel industry in each
state, two hypothetical scenarios were considered: A 10-percent
reduction and a 25-percent reduction in the number of fishing trips
that are predicted to be affected by implementation of the management
measures in the Northeast (ME through NC) in 2011.
Total economic losses to party/charter vessels were then estimated
by multiplying the number of potentially affected trips in each state
in 2011, under the two hypothetical scenarios, by the estimated average
access fee of $107.13 paid by party/charter anglers in the Northeast in
2010. Finally, total economic losses were divided by the number of
federally permitted party/charter vessels that participated in the
summer flounder fisheries in 2010 in each state (according to homeport
state in the Northeast Region Permit Database) to obtain an estimate of
the average projected gross revenue loss per party/charter vessel in
2011. The analysis assumed that angler effort and catch rates in 2011
will be similar to 2010.
The Council noted that this method is likely to overestimate the
potential revenue losses that would result from implementation of the
proposed measures in these three fisheries for several reasons. First,
the analysis likely overestimates the potential revenue impacts of
these measures because some anglers would continue to take party/
charter vessel trips, even if the restrictions limit their landings.
Also, some anglers may engage in catch and release fishing and/or
target other species. It was not possible to estimate the sensitivity
of anglers to specific management measures. Second, the universe of
party/charter vessels that participate in the fisheries is likely to be
even larger than presented in these analyses, as party/charter vessels
that do not possess a Federal summer flounder, scup, or black sea bass
permit because they fish only in state waters are not represented in
the analyses. Considering the large proportion of landings from state
waters (e.g., more than 88 percent of summer flounder and 98 percent of
scup landings in 2009, respectively), it is probable that some party/
charter vessels fish only in state waters and, thus, do not hold
Federal permits for these fisheries. Third, economic losses are
estimated under two hypothetical scenarios: (1) A 10-percent; and (2) a
25-percent reduction in the number of fishing trips that are predicted
to be affected by implementation of the management measures in the
Northeast in 2011. Reductions in fishing effort of this magnitude in
2011 are not likely to occur, given the fact that the proposed measures
do not prohibit anglers from keeping at least some of the fish they
catch, or the fact that there are alternative species to harvest.
Again, it
[[Page 22356]]
is likely that at least some of the potentially affected anglers would
not reduce their effort when faced with the proposed landings
restrictions, thereby contributing to the potential overestimation of
potential impacts for 2011.
Impacts of Summer Flounder Alternatives
The proposed action for the summer flounder recreational fishery
would limit coastwide catch to 11.58 million lb (5,254 mt) by imposing
coastwide Federal measures throughout the EEZ. As described earlier,
upon confirmation that the proposed state measures would achieve
conservation equivalency, NMFS may waive the permit condition found at
Sec. 648.4(b), which requires federally permitted vessels to comply
with the more restrictive management measures when state and Federal
measures differ. Federally permitted charter/party permit holders and
recreational vessels fishing for summer flounder in the EEZ then would
be subject to the recreational fishing measures implemented by the
state in which they land summer flounder, rather than the coastwide
measures.
Because states have yet to develop specific 2011 management
measures, it is not yet possible to analyze the potential impacts of
Summer Flounder Alternative 1, which would implement conservation
equivalency. However, conservation equivalent recreational management
measures allow each state to develop specific summer flounder
recreational measures, which would allow the fishery to operate in each
state during critical fishing periods while still achieving the
conservation objectives. This should help mitigate potential adverse
economic impacts. Therefore, the Council concluded in its analysis that
Summer Flounder Alternative 1 would likely have the lowest potential
adverse impact of the alternatives considered for the 2011 summer
flounder recreational fishery.
Because states have a choice of developing specific measures in the
Commission's conservation equivalency process, it is expected that the
states would adopt conservation equivalent measures that result in
fewer adverse economic impacts than the more restrictive proposed
precautionary default measures (i.e., 20.0-inch (50.80-cm) minimum fish
size, a possession limit of two fish, and an open season of May 1
through September 30, 2011). The precautionary default is a sub-
alternative that may be implemented under specific conditions, as
outlined in the preamble of this rule. As such, the Council conducted
analysis of the potential impact of implementing precautionary default
measures in 2011. Under the precautionary default measures, impacted
trips are defined as trips taken in 2010 that landed at least one
summer flounder smaller than 20.0 inches (50.80 cm), landed more than
two summer flounder, or landed summer flounder during closed seasons.
The analysis concluded that implementation of precautionary default
measures could affect 0.86 percent of the party/charter vessel trips in
the Northeast, including those trips where no summer flounder were
caught.
The impacts of Summer Flounder Alternative 2 for coastwide
measures, which would be implemented by NMFS if conservation
equivalency is disapproved in the final rule, i.e., a 18.5-inch (46.99-
cm), minimum fish size, a two-fish possession limit, and a fishing
season from May 1 through September 30, were evaluated in the Council's
analysis. Impacted trips were defined as individual angler trips taken
aboard party/charter vessels in 2010 that landed at least one summer
flounder smaller than 18.5 inch (46.99 cm) that landed more than two
summer flounder, or landed summer flounder during closed seasons. The
analysis concluded that the measures would affect 0.79 percent of the
party/charter vessel trips in the Northeast.
Continuation of the summer flounder coastwide management measures
(i.e., a 20.0-inch (50.80-cm) minimum fish size, two-fish possession
limit, and a May 1 through September 1 fishing season) is expected to
constrain 2011 landings to the recreational harvest limit; however,
continuation of those measures would be more restrictive than necessary
under the summer flounder rebuilding plan requirement established 2011
recreational harvest limit.
Impacts of Scup Alternatives
The proposed action for the scup recreational fishery would
implement Federal coastwide management measures throughout the EEZ. As
described earlier in the preamble, a conservation equivalent program is
utilized by the Commission to manage state waters and NMFS is
concurrently proposing an increase to the scup TAC/TAL and recreational
harvest limit and establish scup recreational management measures
designed to achieve the increased recreational harvest limit. Federally
permitted charter/party permit holders and recreational vessels fishing
for scup in the EEZ would be subject to the recreational fishing
measures implemented by NMFS; charter/party vessels participating
solely in state waters without a Federal permit would be subject to the
provisions adopted by the Commission; federally permitted scup party/
charter vessels participating in both state and Federal waters would be
subject to the more restrictive of the two measures implemented to
manage the 2011 scup recreational fishery.
Scup Alternative 1 (a 10.5-inch (26.67-cm) minimum fish size, a 10-
fish per person possession limit, and open season of June 6 through
September 26) is the status quo. As explained elsewhere in the
preamble, state and Federal measures are expected to differ; however,
very little of the scup recreational harvest occurs in Federal waters
of the EEZ. Affected trips under Scup Alternative 1 were defined as
trips taken in 2010 that landed at least one scup smaller than 10.5-
inch (26.67-cm), landed more than 10 scup, or landed scup during the
closed seasons (January 1-June 5 and September 27-December 31).
Analysis concluded that 1.85 percent of federally permitted party/
charter vessel trips could be affected by this alternative. While these
measures are the status quo, state and federal measures differed in
2010. This alternative is projected to constrain landings to the
Council and NMFS proposed increased scup recreational harvest limit of
5.74 million lb (2,604 mt).
The non-preferred scup coastwide alternative (Scup Alternative 2;
10.5-inch (26.67-cm) minimum fish size, 10-fish per person possession
limit, and fishing seasons January 1-February 28 and October 1-31) is
projected to constrain landings to levels below the current 2011 scup
recreational harvest limit. Affected trips under Scup Alternative 2
were defined as trips taken in 2010 that landed at least one scup
smaller than 10.5 inches (26.67 cm), landed more than 10 scup, or
landed scup in the closed seasons. The analysis concluded that this
alternative could impact 5.71 percent of federally permitted party/
charter vessel trips in 2011, if implemented.
Scup Alternative 3 measures (an 11.0-inch (27.94-cm) minimum fish
size, 10-fish per person possession limit, and fishing seasons May 24-
September 26) are expected to effectively constrain landings to the
current 2011 recreational harvest limit if comparable measures are
utilized in state waters. Affected trips under Scup Alternative 3 were
defined as trips taken in 2010 that landed at least one scup smaller
than 11.0-inch (27.94-cm), landed more than 10 scup, or landed scup in
the closed seasons. The analysis concluded that this alternative could
impact 1.83 percent of
[[Page 22357]]
federally permitted party/charter vessel trips in 2011, if implemented.
Because NMFS is proposing to increase the 2011 scup recreational
harvest limit, the measures contained in Scup Alternatives 2 and 3 are
more restrictive than necessary for managing the 2011 fishery. The
projected impacts of Scup Alternative 3 are slightly less than the
measures proposed by NMFS; however, the overall estimated reduction in
landings associated with Alternative 3 are expected to be up to 25
percent from 2010 levels and, as such, are more restrictive than
necessary for 2011.
Impacts of Black Sea Bass Alternatives
The proposed action for the black sea bass recreational fishery
would limit coastwide catch to 1.84 million lb (835 mt) by imposing
coastwide Federal measures throughout the EEZ. The impact of Black Sea
Bass Alternative 1 (a 13.0-inch (33.02-cm) minimum fish size, a 25-fish
per person possession limit, and an open season of July 1-October 1 and
November 1-December 31), is projected to reduce black sea bass landings
by 41 percent in 2011 from 2010 levels. These measures would likely
ensure that landings remain below the 2011 recreational harvest limit.
Impacted trips were defined as trips taken in 2010 that landed at least
one black sea bass smaller than 13.0-inch (33.02-cm), landed more than
25 black sea bass, or landed black sea bass during the proposed closed
seasons (January 1-June 30 and October 2-31). Analysis concluded that
3.45 percent of federally permitted party/charter vessel trips could be
affected by this alternative.
The non-preferred black sea bass coastwide alternative for status
quo (Black Sea Bass Alternative 2; 12.5-inch (31.75-cm) minimum fish
size, 25-fish per person possession limit, and fishing seasons of May
22-October 11 and November 1-December 31) is not expected to constrain
2011 landings to the recreational harvest limit if implemented in both
state and Federal waters. Individual states may, though the
Commission's Addendum XXI, adopt sufficiently restrictive measures that
when paired with the Black Sea Bass Alternative 2 measures in Federal
waters, achieve the required reduction in landings to constrain harvest
to the 2011 recreational harvest limit. The Black Sea Bass Alternative
2 measures could affect 0.76 percent of the effort onboard party/
charter vessels if implemented in 2011.
Black Sea Bass Alternative 3 (a 12.5-inch (31.75-cm) minimum fish
size, 25-fish per person possession limit, and no closed season) is not
expected to effectively constrain landings to the 2011 recreational
harvest limit and, as such, is not consistent with the objectives of
the FMP or Magnuson-Stevens Act.
Potential 2011 Regional Economic Impact Analysis Summary
Regionally, projected federally permitted party/charter revenue
losses in 2011 range from $2.1 million to $7.8 million in sales, $686
thousand to $2.6 million in income, and between 40 and 156 jobs, if a
10-percent reduction in the number of affected trips occurs. The
estimated losses are approximately two and a half times as high if a
25-percent reduction in affected trips is assumed to occur.
Potential revenue losses in 2011 could differ for federally
permitted party/charter vessels that land more than one of the
regulated species. The cumulative maximum gross revenue loss per vessel
varies by the combination of permits held and by state. All 18
potential combinations of management alternatives for summer flounder,
scup, and black sea bass are predicted to affect party/charter vessel
revenues to some extent in all of the Northeast coastal states.
Although potential losses were estimated for party/charter vessels
operating out of ME and NH, these results are suppressed for
confidentiality purposes. Average party/charter losses for federally
permitted vessels operating in the remaining states are estimated to
vary across the 18 combinations of alternatives. For example, in NY,
average losses are predicted to range from a high of $3,477 to a low of
$593 per vessel, assuming a 10-percent reduction in effort, as
described above. Average gross revenue losses per vessel under each of
the 18 combinations of alternatives were generally highest in NC
followed by MA, NJ, NY, RI, CT, MD, VA, then DE. Across states, average
gross projected revenue losses range from a low of $19 per vessel in DE
to $19,003 in NC.
Summary
The proposed recreational management measures for summer flounder
in the Commission's conservation equivalency are likely to be similar
or more liberal for 2011 (i.e., either smaller minimum fish size,
higher possession limits, and/or longer fishing seasons) under the
proposed conservation equivalency system (Summer Flounder Alternative
1) than those in place in 2010. If the Commission approves state-
developed measures as conservational equivalent to the coastwide
measures, measures for Federal waters adopted by waiving Sec. 648.4(b)
may also be similar or more liberal for 2011 if NMFS approves
conservation equivalency in the final rule.
NMFS is proposing to keep the status quo with respect to scup
recreational management measures for 2011, but is proposing an increase
to the recreational harvest limit resulting from increases to the scup
TAC and TAL. The rationale for this proposed increase is outlined in
the preamble to this rule and not repeated here.
The proposed measures for black sea bass are more restrictive than
the measures in place for 2010; however, NMFS may retain the status quo
measures for Federal waters, but it is dependent on efforts underway by
the Commission to devise and implement a state waters management system
that, when paired with the 2010 status quo measures for Federal waters,
will result in the necessary reduction in 2011 landings from 2010
levels.
The proposed management measures, or management system in the case
of conservation equivalency, were chosen because they allow for the
maximum level of recreational landings, while allowing the NMFS to
achieve the objectives of the FMP. Summer flounder conservation
equivalency allows states to implement management measures tailored, to
some degree, to meet the needs of their individual respective
recreational fishery participants, provided the level of reduction is
equal to the overall reduction needed coastwide, consistent with
Framework Adjustment 2 to the FMP.
The proposed measures for scup, when used in concert with the
proposed increase to the 2011 recreational harvest limit, are expected
to achieve the required reduction in 2011 landings from 2010 levels,
provided that comparable state measures are implemented through the
Commission. Because it appears likely that the 2011 Commission measures
may differ from Federal measures, NMFS will consider public comment and
more closely examine the Commission measures to determine the
likelihood that overfishing could occur as a result of the combined
proposed Federal and Commission measures before publishing a final
rule. The majority of scup recreational harvest occurs within state
waters.
The proposed black sea bass management measures were selected
because they are the only set of measures proposed by the Council that
are projected to constrain landings to the recreational harvest limit.
As discussed in the preamble, there is a
[[Page 22358]]
possibility that status quo measures may be retained depending on the
outcome of the Commission's Addendum XXI process. However, NMFS must at
this time propose measures that achieve the objectives of the FMP and
Magnuson-Stevens Act by constraining 2011 harvest of black sea bass to
the recreational harvest limit.
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, Reporting and recordkeeping requirements.
Dated: April 15, 2011.
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
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 648.102 is revised to read as follows:
Sec. 648.102 Time restrictions.
Unless otherwise specified pursuant to Sec. 648.107, vessels that
are not eligible for a moratorium permit under Sec. 648.4(a)(3) and
fishermen subject to the possession limit may fish for summer flounder
from May 1 through September 30. This time period may be adjusted
pursuant to the procedures in Sec. 648.100.
3. In Sec. 648.103, paragraph (b) is revised to read as follows:
Sec. 648.103 Minimum fish sizes.
* * * * *
(b) Unless otherwise specified pursuant to Sec. 648.107, the
minimum size for summer flounder is 18.5 inch (46.99 cm) TL for all
vessels that do not qualify for a moratorium permit, and charter boats
holding a moratorium permit if fishing with more than three crew
members, or party boats holding a moratorium permit if fishing with
passengers for hire or carrying more than five crew members.
* * * * *
4. In Sec. 648.105, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 648.105 Possession restrictions.
(a) Unless otherwise specified pursuant to Sec. 648.107, no person
shall possess more than two summer flounder in, or harvested from, the
EEZ, unless that person is the owner or operator of a fishing vessel
issued a summer flounder moratorium permit, or is issued a summer
flounder dealer permit. * * *
* * * * *
5. In Sec. 648.107, paragraph (a) introductory text and paragraph
(b) are revised to read as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by Massachusetts through
North Carolina for 2011 are the conservation equivalent of the season,
minimum fish size, and possession limit prescribed in Sec. Sec.
648.102, 648.103, and 648.105(a), respectively. This determination is
based on a recommendation from the Summer Flounder Board of the
Atlantic States Marine Fisheries Commission.
* * * * *
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels subject
to the recreational fishing measures of this part and registered in
states whose fishery management measures are not determined by the
Regional Administrator to be the conservation equivalent of the season,
minimum size, and possession limit prescribed in Sec. Sec. 648.102,
648.103(b) and 648.105(a), respectively, due to the lack of, or the
reversal of, a conservation equivalent recommendation from the Summer
Flounder Board of the Atlantic States Marine Fisheries Commission,
shall be subject to the following precautionary default measures:
Season--May 1 through September 30; minimum size--20.0 inches (50.80
cm); and possession limit--two fish.
6. Section 648.142 is revised to read as follows:
Sec. 648.142 Time restrictions.
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 possess black sea bass from July 1 through
October 1 and November 1 through December 31, unless this time period
is adjusted pursuant to the procedures in Sec. 648.140.
7. In Sec. 648.143, paragraph (b) is revised to read as follows:
Sec. 648.143 Minimum sizes.
* * * * *
(b) The minimum fish size for black sea bass is 13.0 inches (33.02
cm) TL for all vessels that do not qualify for a moratorium permit, and
for party boats holding a moratorium permit, if fishing with passengers
for hire or carrying more than five crew members, and for charter boats
holding a moratorium permit, if fishing with more than three crew
members.
* * * * *
[FR Doc. 2011-9627 Filed 4-20-11; 8:45 am]
BILLING CODE 3510-22-P
