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, 38307-38313 [2011-16517]
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Federal Register / Vol. 76, No. 126 / Thursday, June 30, 2011 / Rules and Regulations
Report and Order, Measurement
Standards for Digital Television Signals
Pursuant to the Satellite Home Viewer
Extension and Reauthorization Act of
2004, ET Docket No. 06–94; FCC 10–
195. The Report and Order adopted
rules establishing measurement
procedures for determining the strength
of a digital broadcast television (DTV)
signal at any specific location. These
procedures will be used for determining
whether households are eligible to
receive distant DTV network signals
retransmitted by satellite carriers,
pursuant to the provisions of the
Satellite Television Extension and
Localism Act of 2010 (STELA). The
Report and Order implements DTV
signal measurement procedures
proposed in the Commission’s Notice of
Proposed Rulemaking (SHERVA NPRM)
and Further Notice of Proposed
Rulemaking (STELA FNPRM) in this
proceeding with minor modifications.
47 CFR 73.686 describes a method for
measuring signal strength at a
household so that the satellite and
broadcast industries and consumers
would have a uniform method for
making an actual determination of the
signal strength that a household
received. The information gathered as
part of the Grade B signal strength tests
will be used to indicate whether
consumers are ‘‘unserved’’ by over-theair network signals. The written records
of test results will be made after testing
and predicting the strength of a
television station’s signal. Parties
impacted by the test results will be
consumers; parties using the written test
results will primarily be the satellite
and broadcasting industries.
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
[FR Doc. 2011–16440 Filed 6–29–11; 8:45 am]
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BILLING CODE 6712–01–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 110222150–1280–02]
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: Final rule.
AGENCY:
NMFS implements an
increase to the scup commercial and
recreational landing allowances for 2011
(specifications) and management
measures for the 2011 summer flounder,
scup, and black sea bass recreational
fisheries in Federal waters. These
actions are necessary to comply with
regulations implementing the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan (FMP) and to
ensure compliance with the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). The intent of the scup increase is
to enable greater commercial and
recreational harvest opportunities while
preventing overfishing on the scup
stock. Recreational management
measures are similarly intended to
ensure that overfishing the summer
flounder, scup, and black sea bass
resources in 2011 is unlikely to occur.
DATES: Effective August 1, 2011.
ADDRESSES: Copies of the scup harvest
level 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.
SUMMARY:
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38307
SUPPLEMENTARY INFORMATION:
General Background
The summer flounder, scup, and
black sea bass fisheries are managed
cooperatively by the Atlantic States
Marine Fisheries Commission
(Commission) and the Mid-Atlantic
Fishery Management Council (Council),
in consultation with the New England
and South Atlantic Fishery Management
Councils. The FMP and its
implementing regulations, which are
found at 50 CFR part 648, subparts A
(general provisions), G (summer
flounder), H (scup), and I (black sea
bass), describe the process for specifying
annual recreational management
measures that apply in the Exclusive
Economic Zone (EEZ). The states from
North Carolina to Maine manage these
fisheries within 3 nautical miles of their
coasts, under the Commission’s plan for
summer flounder, scup, and black sea
bass. The Federal regulations govern
fishing activity in the EEZ, as well as
vessels possessing Federal permits for
summer flounder, scup, and/or black
sea bass, regardless of where they fish.
A proposed rule to implement the
2011 scup specifications increase and
Federal recreational measures for the
2011 summer flounder, scup, and black
sea bass fisheries was published on
April 21, 2011 (76 FR 22350).
Additional background and information
is provided in that rule and is not
repeated here.
2011 Scup Specifications Increase
This rule implements the scup
increase proposed by NMFS in the April
21, 2011, proposed rule: A Total
Allowable Catch (TAC) of 31.92 million
lb (14,479 mt), increased from the
current TAC of 24.10 million lb (10,932
mt); a Total Allowable Landings (TAL)
of 26.50 million lb (12,020 mt),
increased from 20.0 million lb (9,072
mt); a commercial quota of 20.36
million lb (9,235 mt), increased from
15.29 million lb (6,936 mt); and a
recreational harvest limit of 5.74 million
lb (2,604 mt), increased from 4.30
million lb (1,956 mt). Because the 2011
research set-aside (RSA) of 396,500 lb
(180 mt) has already been awarded for
scup, no change to the RSA level will
occur as a result of the increased scup
specifications.
Table 1 contains the scup commercial
quota period information that results
from the scup specification increase.
Information on the amount of unused
Winter I quota to be rolled over to
Winter II, including any change to
Winter II possession limits that results
from the transfer, will be published in
the Federal Register in July 2011.
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TABLE 1—FINAL REVISED COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2011 BY QUOTA PERIOD
Quota period
Total allowable catch
Percent
share
lb
Estimated discards
mt
lb
Initial quota
mt
lb
Adjusted quota less RSA
mt
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
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
20,360,730
9,235
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2011 Recreational Management
Measures
Background
Additional discussion on the
development of the recreational
management measures appeared in the
preamble of the proposed rule and is not
repeated here.
The 2011 coastwide recreational
harvest limits were previously
established by rulemaking conducted in
late 2010 (75 FR 81498; December 28,
2010). The 2011 recreational harvest
limits established by the December 28,
2010, final rule are as follows: Summer
flounder, 11.58 million lb (5,254 mt);
scup, 4.3 million lb (1,956 mt); and
black sea bass, 1.84 million lb (835 mt).
However, this rule implements an
increase to the scup specifications,
which increases the recreational harvest
limit to 5.74 million lb (2,604 mt).
Recreational harvest limits are the target
objectives or ‘‘quotas’’ established for
the summer flounder, scup, and black
sea bass recreational fisheries. The
management measures (i.e., minimum
fish size requirements, angler
possession limits, and fishing seasons)
established by this rule are all designed
to ensure that recreational landings do
not exceed the recreational harvest
limits.
NMFS is implementing, through this
rule, management measures to apply in
the Federal waters of the EEZ and to all
federally permitted party/charter vessels
with applicable summer flounder, scup,
and/or black sea bass permits regardless
of where they fish during the 2011
fishing year. The management measures
(i.e., minimum fish size requirements,
angler possession limits, and fishing
seasons) established by this rule are all
designed to ensure that recreational
landings do not exceed the recreational
harvest limits. The management
measures established by this rule are as
follows: For summer flounder, use of
state-by-state conservation equivalency
measures, which is the status quo
management system; for scup, a 10.5inch (26.67-cm) minimum fish size, a
10-fish per person possession limit, and
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an open season of June 6 through
September 26, which are the status quo
measures; and, for black sea bass, a 12.5in (31.75-cm) minimum fish size, a 25fish per person possession limit and
fishing seasons from May 22–October 11
and November 1–December 31, which
are also the status quo measures. More
detail on these proposed measures is
provided in the following sections.
Federal permit holders are reminded
that, as a condition of their Federal
permit, they must abide by the Federal
measures, even if fishing in state waters.
In addition, in instances where the
state-implemented measures are
different than the Federal measures,
federally permitted vessels must adhere
to the more restrictive of the two
measures. This will be applicable for
both the 2011 scup and black sea bass
recreational fisheries.
All minimum fish sizes discussed
below 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.
Summer Flounder Recreational
Management Measures
NMFS is implementing, through this
rule, conservation equivalency as the
management approach for use in 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 to
achieve its state harvest limit
partitioned from the coastwide
recreational harvest limit by the
Commission. The combined effect of all
of the states’ management measures
achieves the same level of conservation
as would Federal coastwide measures,
hence the term conservation
equivalency. This means that minimum
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fish sizes, possession limits, and fishing
seasons developed and adopted by the
individual states from MA to NC will be
utilized as the Federal water measures
for 2011.
The Commission notified the NMFS
Northeast Regional Administrator by
letter dated May 19, 2011, that the 2011
summer flounder recreational fishery
management programs (i.e., minimum
fish size, possession limit, and fishing
seasons) implemented by the states from
MA to NC have been reviewed by the
Commission’s Technical Committee
(TC) and approved by the Commission’s
Summer Flounder Management Board
(SF Board). The correspondence
indicates that the Commission-approved
management programs are projected to
restrict 2011 recreational summer
flounder coastwide landings consistent
with the state-specific requirements
established by the Technical Committee
and SF Board through the Commission
process.
Based on the recommendation of the
Commission, the NMFS Northeast
Regional Administrator finds that the
recreational summer flounder fishing
measures proposed to be implemented
by the individual states for 2011 are the
conservation equivalent of the season,
minimum size, and possession limit
prescribed in §§ 648.102, 648.103, and
648.105(a), respectively. According to
§ 648.107(a)(1), vessels subject to the
recreational fishing measures of this
part and landing summer flounder in a
state with an approved conservation
equivalency program shall not be
subject to Federal measures, and shall
instead be subject to the recreational
fishing measures implemented by the
state in which they land. Section
648.107(a) has been amended to
recognize state-implemented measures
as conservation equivalent of the
coastwide recreational management
measures for 2011. For clarity, the 2011
summer flounder management measures
adopted by the individual states vary
according to the state of landing, as
specified in Table 2.
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38309
TABLE 2—2011 COMMISSION APPROVED STATE-BY-STATE CONSERVATION EQUIVALENT RECREATIONAL MANAGEMENT
MEASURES FOR SUMMER FLOUNDER
Minimum fish size
Possession
limit
(number of
fish)
State
inches
Massachusetts ........................................................................................
Rhode Island ...........................................................................................
Connecticut .............................................................................................
New York ................................................................................................
New Jersey .............................................................................................
Delaware .................................................................................................
Maryland .................................................................................................
Virginia ....................................................................................................
North Carolina .........................................................................................
cm
17.5
18.5
18.5
20.5
18.0
18.0
18.0
17.5
15.0
44.45
46.99
46.99
52.07
45.72
45.72
45.72
44.45
38.10
5
7
3
3
8
4
3
4
6
Fishing season
May 22–September 30.
May 1–December 31.
May 15–September 5.
May 1–September 30.
May 7–September 25.
January 1–October 23.
April 16–November 30.
January 1–December 31.
January 1–December 31.
Note: At 40 designated shore sites in CT, anglers may keep 1 fish at 17.0 inches (43.18 cm), May 15–September 5.
Scup Recreational Management
Measures
As outlined in the April 21, 2011,
proposed rule, NMFS is retaining the
currently codified scup recreational
management measures for the 2011
fishing year. These are the status quo
measures of 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 seasons from January 1–June 5
and again from September 27–December
31).
These measures, in conjunction with
the regional approach being applied to
state waters through the Commission,
are expected to constrain landings to the
5.74-million-lb (2,604 mt) recreational
harvest limit being concurrently
implemented by this rule.
NMFS acknowledges that the
Commission will 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 Federal waters; the
scup recreational harvest from Federal
waters for 2009 was approximately 2
percent of the total coastwide landings.
Black Sea Bass Recreational
Management Measures
NMFS is retaining the currently
codified black sea bass measures for use
in Federal waters during the 2011
fishery (i.e., the status quo). These
measures are a 12.5-in (31.75-cm)
minimum fish size, 25-fish per person
possession limit, and May 22–October
11 and November 1–December 31
fishing seasons. Measures for state
waters will vary by state, as described
later in this section. NMFS had
proposed additional, more restrictive
measures for the 2011 fishing year (i.e.,
a 13.0-inch (33.02-cm) minimum fish
size, a 25-fish per person possession
limit, and open seasons of July 1
through October 1 and November 1
through December 31); however, these
measures are no longer necessary as the
Commission has developed, approved,
and implemented measures for state
waters that, when paired with the status
quo measures in Federal waters, achieve
the required management objectives for
2011. NMFS described in the April 21,
2011, proposed rule the circumstances
that might lead to either set of black sea
bass measures being approved for 2011.
That information is not repeated here.
The Commission notified the NMFS
Northeast Regional Administrator by
letter dated May 19, 2011, that the 2011
black sea bass recreational fishery
management programs (i.e., minimum
fish size, possession limit, and fishing
seasons) implemented by the states from
MA to NC have been reviewed by the
TC and approved for use by the
Commission’s Black Sea Bass
Management Board under Addendum
XXI to the Commission’s black sea bass
management plan. The correspondence
indicates that the Commission-approved
management programs, when paired
with status quo measures in Federal
waters, are projected to restrict 2011
recreational black sea bass coastwide
landings to the 1.84-million-lb (835 mt)
recreational harvest limit. Recreational
management measures between state
and Federal waters may differ as a result
of the Commission’s Addendum XXI
measures, depending on the measures
implemented by the individual states as
outlined in Table 3.
TABLE 3—BLACK SEA BASS MANAGEMENT MEASURES IMPLEMENTED BY NMFS FOR FEDERAL WATERS AND THE
COMMISSION FOR STATE WATERS, 2011
Minimum fish size
inches
cm
Possession
limit
(number of
fish)
Fishing season
Federal Measures Implemented by NMFS for Federal Waters
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EEZ .......................................................................
12.5
31.75
25
May 22–October 11 and November 1–December
31.
State Measures Implemented by the Commission for State Waters
State:
Massachusetts ...............................................
Rhode Island .................................................
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14.0
13.0
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35.36
33.02
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10
12
May 22–October 11.
July 11–December 31.
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TABLE 3—BLACK SEA BASS MANAGEMENT MEASURES IMPLEMENTED BY NMFS FOR FEDERAL WATERS AND THE
COMMISSION FOR STATE WATERS, 2011—Continued
Minimum fish size
inches
cm
Possession
limit
(number of
fish)
Connecticut ....................................................
13.0
33.02
25
New York .......................................................
13.0
33.02
10
New Jersey ....................................................
12.5
31.75
25
Delaware ........................................................
12.5
31.75
25
Maryland ........................................................
12.5
31.75
25
Virginia ...........................................................
12.5
31.75
25
North Carolina ...............................................
12.5
31.75
25
Because the Commission-based
measures implemented by the states are
different than the Federal water
measures, Federal permit holders are
required to adhere to the more
restrictive set of measures irrespective
of if fishing in state or Federal waters.
Similarly, private anglers must adhere
to the recreational measures
implemented by the state in which the
fish will be landed as all the stateimplemented measures place
restrictions on possession as opposed to
landings.
For additional information on stateimplemented management measures,
please contact the marine fisheries
management agency for the state in
question or the Commission (https://
www.asmfc.org; (703) 842–0740).
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Comments and Responses
Three comment letters were received
regarding the proposed scup quota
increase and recreational management
measures. Two of these comments
pertained to measures being proposed
by the South Atlantic Fishery
Management Council for managing the
black sea bass stock south of Cape
Hatteras, NC, and thus are not
applicable to this rulemaking. The other
comment letter raised concerns about
the scup allocation between the
recreational and commercial sector, as
well as the black sea bass measures
proposed for 2011. Comments that
require responses are addressed, as
follows:
Comment: One commenter stated that
the increased scup quota would only
permit greater opportunity for the
commercial fishery sector, as the
increase in quota would only permit the
use of status quo scup recreational
management measures. The commenter
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further stated that the allocation
between the two sectors should be
shifted to provide more opportunity for
the recreational fishery sector.
The same commenter also stated that
the required reduction in black sea bass
landings in 2011 from 2010 levels
should be dispersed over an unspecified
period of time. The commenter also
expressed a preference for reducing the
black sea bass possession limit
presumably in lieu of changing either
the fishing season or increasing the
minimum fish size from 2010 levels.
Response: The increased scup quota
implemented by this rule enables the
use of status quo state and Federal
recreational management measures for
2011. Had the increase in quota not
been implemented for 2011, a reduction
in scup recreational landings would
have been required because the 2010
recreational fishery substantially
exceeded the recreational harvest limit
in place. The statement that harvest
opportunity is increased for both sectors
is not in reference to the potential
change from 2010 to 2011, but rather, is
applicable relative to the opportunity
that would have been available had the
quota increase not been implemented.
The preliminary analyses conducted by
the Council in November 2010 indicated
that a 12-percent reduction in
recreational landings for 2011 from 2010
levels would have been required, had
the recreational harvest limit not been
increased from 4.3 million lb (1,956 mt)
to 5.74 million lb (2,604 mt). Thus, had
the recreational harvest limit not been
made available for 2011, scup
recreational management measures
would have been more restrictive than
the measures implemented by this rule.
Those restrictions would have
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Fishing season
July 1–October 11 and November 1–December
31.
June 13–October 1 and November 1–December
31.
May 28–September 11 and November 1–December 31.
May 22–October 11 and November 1–December
31.
May 22–October 11 and November 1–December
31.
May 22–October 11 and November 1–December
31.
July 1–September 25 and November 1–December 31.
decreased recreational harvest
opportunity.
With respect to the allocation of scup
between the recreational and
commercial fishing sectors, the current
allocation split of 78 percent to the
commercial fishery, and 22 percent to
the recreational fishery, is specified in
the FMP. This allocation cannot be
changed through either the Council’s
annual specification or recreational
management measures processes, nor is
it possible to modify the allocation
structure through a FMP framework
adjustment process. An amendment to
the FMP would be required to enact any
allocation change. To date, the Council
has not developed or recommended to
NMFS any changes to the scup
allocation.
This rule retains the status quo black
sea bass measures of a 25-fish per
person possession limit, and open
season of July 1–October 1 and
November 1–December 31 for Federal
waters in 2011. State measures
implemented through the Commission’s
process for 2011 vary (see Table 3 for
more information). Substantial
discussion occurred during the
December 2010 joint Council and
Commission meeting about reducing the
per angler possession limit from 25 fish
to reduce landings in 2011 from 2010
levels. Because the available landings
data for black sea bass indicate that
most anglers retain far fewer than 25
fish (slightly over 90 percent of all
anglers land 6 or fewer black sea bass),
any reduction in possession limit would
need to be substantial to have any
effective reduction in landings. For
example, if the possession limit were
reduced by 15 fish from 25 to 10, the net
reduction in projected 2011 landings
from 2010 levels would be less than 3
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percent, because most anglers do not
keep more than 5–6 fish.
Classification
The Administrator, Northeast Region,
NMFS, determined that this final rule
implementing the increased 2011 scup
specifications and 2011 summer
flounder, scup, and black sea bass
recreational management measures is
necessary for the conservation and
management of the summer flounder,
scup, and black sea bass fisheries, and
that it is consistent with the MagnusonStevens Act and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Included in this final rule is the FRFA
prepared pursuant to 5 U.S.C. 604(a).
The FRFA incorporates the economic
impacts described in the IRFA, a
summary of the significant issues raised
by the public comments in response to
the IRFA, NMFS’s responses to those
comments, and a summary of the
analyses completed to support the
action. Copies of the EA/RIR/IRFA and
SEA are available from the Council and
NMFS (see ADDRESSES). A FRFA was
previously completed in conjunction
with the final rule that implemented the
initial scup specifications for 2011 (75
FR 81498; December 28, 2010). This
FRFA supplements the necessary
information pertaining to the increases
in the scup specifications implemented
by this rule and provides the necessary
information with respect to the summer
flounder, scup, and black sea bass
recreational management measures.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
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A description of the reasons why the
scup specifications are being increased,
why the 2011 recreational management
measures for summer flounder, scup,
and black sea bass are being
implemented, and the objectives of and
legal basis for this final rule
implementing both actions are
explained in the preambles to the
proposed rule and this final rule, and
are not repeated here.
A Summary of the Significant Issues
Raised by the Public Comments in
Response to the IRFA, a Summary of the
Assessment of the Agency of Such
Issues, and a Statement of Any Changes
Made in the Proposed Rule as a Result
of Such Comments
A summary of the comments received
and NMFS’s responses thereto are
contained in the preamble of this rule.
None of those comments addressed
specific information contained in the
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IRFA economic analysis or the
economic impacts of the increased scup
specifications or recreational
management measures more generally.
As described in the preamble, the black
sea bass measures implemented by this
rule were changed from those
previously proposed.
Description and Estimate of Number of
Small Entities to Which This Rule Will
Apply
The scup specifications increase
could affect any of the 398 vessels
possessing a Federal moratorium or
party/charter permit in 2009, the most
recent year for which complete permit
data are available. The recreational
management 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. However, only 348 vessels
reported active participation in the 2009
recreational summer flounder, scup,
and/or black sea bass fisheries.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
Description of the Steps Taken to
Minimize Economic Impact on Small
Entities
Scup Specifications
A FRFA was previously prepared in
conjunction with the action that
implemented the initial scup 2011
specifications (75 FR 81498; December
28, 2010). Information from that FRFA
remains applicable here with respect to
the scup specification increase: The
economic impact analyses on the
various specification levels proposed by
the Council for implementation by
NMFS were evaluated solely on the
different levels of quota specified in the
alternatives. The ability of NMFS to
minimize economic impacts when
implementing specifications is
constrained to approving quota levels
(i.e., TAC and TAL) that provide the
maximum availability of fish while still
ensuring that the required objectives
and directives of the FMP, its
implementing regulations, and the
Magnuson-Stevens Act are met. To aid
in this process, the Council’s Scientific
and Statistical Committee (SSC) made
recommendations for the 2011
Acceptable Biological Catch (ABC) level
for all three stocks, including scup. The
ABC is a catch level of a stock’s annual
catch that accounts for the scientific
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38311
uncertainty in the estimate of the
overfishing level (OFL) and any other
scientific uncertainty and, as such, is
designed to provide a low probability of
overfishing a stock in a given year for
which ABC is recommended.
The economic analysis for the 2011
specifications, including the increased
scup specifications, assessed the
impacts for quota alternatives that
achieve the aforementioned objectives.
The no action alternative, wherein no
quotas are established for 2011, was
excluded from analysis because it is not
consistent with the goals and objectives
of the FMP and the Magnuson-Stevens
Act. Alternative 2 from the Council’s
analysis contained the most restrictive
TAL options (i.e., the lowest catch
levels; a TAL of 14.11 million lb (6,400
mt)) and was not preferred by the
Council or implemented by NMFS
because other alternatives had lower
impacts on small entities while
achieving the stated objectives of the
2011 specification process. Alternative 3
contained the least restrictive quotas (a
TAL of 28.96 million lb (13,136 mt)) and
produced the smallest impact on small
entities. However, the respective quotas
under Alternative 3 were inconsistent
with the SSC’s catch level
recommendations, as they exceeded the
ABC recommendations provided by the
SSC. Because the Alternative 3
measures were inconsistent with the
Magnuson-Stevens Act requirements,
they could not be implemented for
2011, despite having the lowest
associated impact on small entities.
In December 2010, NMFS
implemented TALs contained in the
Council’s Alternative 1 (summer
flounder, 29.48 million lb (13,372 mt);
scup, 20.0 million lb (9,072 mt); and
black sea bass, 3.6 million lb (1,633
mt)), the Council’s preferred alternatives
at the time, which consisted of the quota
alternatives that paired the lowest
economic impacts to small entities and
meet the required objectives of the FMP
and the Magnuson-Stevens Act.
However, in the interim since that
action, the Council supplemented its
preferred scup specification measures as
previously described. This new
preferred alternative, designated
Alternative 1B and implemented by this
rule, provides an increase in the scup
TAC from 29.4 million lb (13,372
million lb) to 31.92 million lb (14,479
mt). This TAC increase would be 8
percent below the maximum sustainable
yield (MSY) level for scup, and
considerably below the 2011 ABC of
51.70 million lb (23,451 mt)
recommended by the Council’s SSC.
Thus, it is both consistent with the
Magnuson-Stevens Act requirements,
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mstockstill on DSK4VPTVN1PROD with RULES
the FMP, the SSC’s recommendation,
and provides the lowest impacts on
small entities by providing the
maximum opportunity to harvest scup
among the various specification
alternatives considered for 2011. The
increased opportunity afforded by the
increased scup specifications is
expected to produce positive
socioeconomic impacts relative to the
previously implemented specification
level.
Recreational Management Measures
In seeking to minimize the impact of
recreational management measures
(minimum fish size, possession limit,
and fishing season) on small entities
(i.e., Federal party/charter permit
holders), NMFS is constrained to
implementing measures that meet the
conservation objectives of the FMP and
Magnuson-Stevens Act. Management
measures must provide sufficient
constraints on recreational landings,
such that the established recreational
harvest limits have a low likelihood of
being exceeded, which might lead to
overfishing the stock. This rule
maintains the status quo recreational
management measures for all three
species in Federal waters.
Summer flounder alternatives. The
alternatives examined by the Council
and forwarded for consideration by
NMFS consisted of the preferred
alternative of state-by-state conservation
equivalency (see Table 2 for measures)
with a precautionary default backstop
(status quo), and the non-preferred
alternative of coastwide measures (an
18.5-inch (46.99-cm) minimum fish size,
a 2-fish per person possession limit, and
open season from May 1 through
September 30). These were alternatives
1 and 2, respectively, in the Council’s
EA/RIR/IRFA. Analysis of these two
alternatives were determined by the
Council to provide a high probability of
constraining recreational landings to
levels at or below the 2011 recreational
harvest limit. Therefore, either
alternative recreational management
system could be considered for
implementation by NMFS, as the critical
metric of satisfying the regulatory and
statutory requirements would likely be
met by either.
Next, NMFS considered the
recommendation of both the Council
and Commission. Both groups
recommended implementation of stateby-state conservation equivalency, with
a precautionary default backstop. The
recommendations of both groups were
not unanimous: Some Council and
Commission members objected to the
use of conservation equivalency, stating
a preference for coastwide measures.
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Jkt 223001
For NMFS to disapprove the Council’s
recommendation for conservation
equivalency and substitute coastwide
management measures, NMFS must
reasonably demonstrate that the
recommended measures are either
inconsistent with applicable law or that
the conservation objectives of the FMP
will not be achieved by implementing
conservation equivalency. NMFS does
not find the Council and Commission’s
recommendation to be inconsistent with
the implementing regulations of the
FMP at § 648.100 or the MagnusonStevens Act, including the 10 National
Standards.
The additional metric for
consideration by NMFS, applicable to
the FRFA, is examination of the
economic impacts of the alternatives on
small entities consistent with the stated
objectives of applicable statutes. As
previously stated, both conservation
equivalency (alternative 1) and
coastwide measures (alternative 2) are
projected to achieve the conservation
objectives for the 2011 summer flounder
recreational fishery. However, the
economic impacts of the two
alternatives are not projected to be equal
in the Council’s analyses: The economic
impacts on small entities under the
coastwide measures management
system would vary in comparison to the
conservation equivalency system,
dependent on the specific state wherein
the small entities operate.
Quantitative analyses of the economic
impacts associated with conservation
equivalency measures are not available.
This is because the development of the
individual state measures occurs
concurrent to the NMFS rulemaking
process to ensure timely
implementation of final measures for
the 2011 recreational fishery; thus, the
specific measures implemented by
states are not available for economic
impact analyses. Instead, qualitative
methods were utilized by the Council to
assess the relative impact of
conservation equivalency (alternative 1)
to coastwide measures (alternative 2).
The Council analysis concluded, and
NMFS agrees, that conservation
equivalency is expected to minimize
impacts on small entities because
individual states can develop specific
summer flounder management measures
that allow the fishery to operate during
each state’s critical fishing periods
while still achieving conservation goals.
To be clear, there are individual states
whose conservation equivalency
measures may have a more adverse
impact to some small entities,
depending on the restrictions imposed
by the Commission, than would
coastwide measures. However, the one-
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size-fits-all approach of coastwide
measures would negatively impact a
broader distribution of states and the
small entities that fish from those states.
NMFS is implementing the Council
and Commission’s recommended stateby-state conservation equivalency
measures because: (1) NMFS finds no
compelling reason to disapprove the
Council and Commission’s
recommended 2011 management
system, as the management measures
contained in conservation equivalency
are projected to provide the necessary
restriction on recreational landings to
prevent the recreational harvest limit
from being exceeded; and (2) the net
economic impact to small entities on a
coastwide basis are expected to be
mitigated, to the extent practicable, for
a much larger percentage of small
entities.
Scup alternatives. As outlined in the
preamble, the individual states have
elected to implement a state-waters
conservation equivalency system for the
2011 scup recreational fishery that has
no comparable regulations for use in
Federal waters. NMFS is retaining the
measures currently codified as the
Federal water measures for the 2011
fishing year: A 10.5-inch (26.67-cm)
minimum fish size; a 10-fish per person
possession limit; and an open season of
June 6–September 26. Similar to the
summer flounder discussion, this suite
of scup measures (alternative 1)
provides the minimum impact on small
entities from the alternatives available
by providing the maximum fishing
opportunity in Federal waters and meets
the requirements of the MagnusonStevens Act, the FMP, and achieves the
conservation objectives for 2011.
Alternative 1 for a 10.5-inch (26.67-cm)
minimum fish size, 15-fish per person
possession limit, and open seasons of
January 1 through February 28 and
October 1 through October 31, and
Alternative 3 for an 11.0-inch (27.94cm) minimum fish size, 10-fish per
person possession limit, and open
season of May 24 through September 26
contained measures that had higher
impacts on small entities fishing in
Federal waters, as both contained more
restrictive measures than would be
necessary to satisfy the management
objectives.
Black sea bass alternatives. This final
rule is implementing measures that
differ from those originally proposed.
As previously stated in the preamble,
individual states have developed and
implemented measures for use in state
waters. This rule retains the status quo
measures of alternative 2 contained in
the Council’s EA/RIR/IRFA: A 12.5-inch
(31.75-cm) minimum fish size; a 25-fish
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possession limit; and May 22–October
11 and November 1–December 31
fishing seasons for Federal waters. This
alternative provides the lowest
associated economic impacts to small
entities of the measures considered for
Federal waters that also meets the
statutory and regulatory requirements
for the 2011 fishery. Alternative 1 (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), originally proposed by
NMFS for 2011, was projected to
achieve the conservation objectives for
the 2011 black sea bass fishery;
however, the landings level reduction
imposed by the alternative’s measures is
more restrictive than necessary. The
Alternative 3 measures proposed (12.5inch (31.75-cm) minimum fish size, a
25-fish per person possession limit, and
open seasons of January 1 through
December 31) were not projected to
achieve the necessary reduction in
landings for 2011 and, as such, could
not be implemented by NMFS.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to permit
holders that also serves as the small
entity compliance guide was prepared
and will be sent to all holders of Federal
party/charter permits issued for the
summer flounder, scup, and black sea
bass fisheries. In addition, copies of this
final rule and the small entity
compliance guide are available from
NMFS (see ADDRESSES) and at the
following Web site: https://
www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
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Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: June 27, 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 amended
as follows:
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Jkt 223001
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. In § 648.103, paragraph (b) is
revised to read as follows:
■
§ 648.103
Minimum fish sizes.
*
*
*
*
*
(b) Unless otherwise specified
pursuant to § 648.107, the minimum
size for summer flounder is 18.5 inches
(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.
*
*
*
*
*
3. 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
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.
[FR Doc. 2011–16517 Filed 6–29–11; 8:45 am]
BILLING CODE 3510–22–P
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38313
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
Docket No. 100804324–1265–02]
RIN 0648–BB21
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures; request for comments.
AGENCY:
This final rule announces
inseason changes to management
measures in the commercial Pacific
Coast groundfish fisheries. These
actions, which are authorized by the
Pacific Coast Groundfish Fishery
Management Plan (FMP), are intended
to allow fisheries to access more
abundant groundfish stocks while
protecting overfished and depleted
stocks.
SUMMARY:
Effective 0001 hours (local time)
July 1, 2011. Comments on this final
rule must be received no later than
5 p.m., local time on August 1, 2011.
ADDRESSES: You may submit comments,
identified by RIN 0648–BB21 by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 206–526–6736, Attn: Gretchen
Hanshew.
• Mail: William W. Stelle, Jr.,
Regional Administrator, Northwest
Region, NMFS, 7600 Sand Point Way
NE., Seattle, WA 98115–0070, Attn:
Gretchen Hanshew.
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
DATES:
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]]>Agencies
[Federal Register Volume 76, Number 126 (Thursday, June 30, 2011)]
[Rules and Regulations]
[Pages 38307-38313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16517]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 110222150-1280-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an increase to the scup commercial and
recreational landing allowances for 2011 (specifications) and
management measures for the 2011 summer flounder, scup, and black sea
bass recreational fisheries in Federal waters. These actions are
necessary to comply with regulations implementing the Summer Flounder,
Scup, and Black Sea Bass Fishery Management Plan (FMP) and to ensure
compliance with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). The intent of the scup increase
is to enable greater commercial and recreational harvest opportunities
while preventing overfishing on the scup stock. Recreational management
measures are similarly intended to ensure that overfishing the summer
flounder, scup, and black sea bass resources in 2011 is unlikely to
occur.
DATES: Effective August 1, 2011.
ADDRESSES: Copies of the scup harvest level 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 by the Atlantic States Marine Fisheries Commission
(Commission) and the Mid-Atlantic Fishery Management Council (Council),
in consultation with the New England and South Atlantic Fishery
Management Councils. The FMP and its implementing regulations, which
are found at 50 CFR part 648, subparts A (general provisions), G
(summer flounder), H (scup), and I (black sea bass), describe the
process for specifying annual recreational management measures that
apply in the Exclusive Economic Zone (EEZ). The states from North
Carolina to Maine manage these fisheries within 3 nautical miles of
their coasts, under the Commission's plan for summer flounder, scup,
and black sea bass. The Federal regulations govern fishing activity in
the EEZ, as well as vessels possessing Federal permits for summer
flounder, scup, and/or black sea bass, regardless of where they fish.
A proposed rule to implement the 2011 scup specifications increase
and Federal recreational measures for the 2011 summer flounder, scup,
and black sea bass fisheries was published on April 21, 2011 (76 FR
22350). Additional background and information is provided in that rule
and is not repeated here.
2011 Scup Specifications Increase
This rule implements the scup increase proposed by NMFS in the
April 21, 2011, proposed rule: A Total Allowable Catch (TAC) of 31.92
million lb (14,479 mt), increased from the current TAC of 24.10 million
lb (10,932 mt); a Total Allowable Landings (TAL) of 26.50 million lb
(12,020 mt), increased from 20.0 million lb (9,072 mt); a commercial
quota of 20.36 million lb (9,235 mt), increased from 15.29 million lb
(6,936 mt); and a recreational harvest limit of 5.74 million lb (2,604
mt), increased from 4.30 million lb (1,956 mt). Because the 2011
research set-aside (RSA) of 396,500 lb (180 mt) has already been
awarded for scup, no change to the RSA level will occur as a result of
the increased scup specifications.
Table 1 contains the scup commercial quota period information that
results from the scup specification increase. Information on the amount
of unused Winter I quota to be rolled over to Winter II, including any
change to Winter II possession limits that results from the transfer,
will be published in the Federal Register in July 2011.
[[Page 38308]]
Table 1--Final Revised Commercial Scup Quota Allocations for 2011 by Quota Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total allowable catch Estimated discards Initial quota Adjusted quota less RSA
Quota period Percent -------------------------------------------------------------------------------------------------------
share lb mt lb mt lb mt lb mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I........................... 45.11 11,231,307 5,094 1,907,070 865 9,324,237 4,229 9,184,725 4,166
Summer............................. 38.95 9,697,615 4,399 1,646,650 747 8,050,965 3,652 7,930,504 3,597
Winter II.......................... 15.94 3,968,677 1,800 673,879 306 3,294,798 1,494 3,245,500 1,472
--------------------------------------------------------------------------------------------------------------------
Total.......................... 100.0 24,897,600 11,293 4,227,600 1,918 20,670,000 9,376 20,360,730 9,235
--------------------------------------------------------------------------------------------------------------------------------------------------------
2011 Recreational Management Measures
Background
Additional discussion on the development of the recreational
management measures appeared in the preamble of the proposed rule and
is not repeated here.
The 2011 coastwide recreational harvest limits were previously
established by rulemaking conducted in late 2010 (75 FR 81498; December
28, 2010). The 2011 recreational harvest limits established by the
December 28, 2010, final rule are as follows: Summer flounder, 11.58
million lb (5,254 mt); scup, 4.3 million lb (1,956 mt); and black sea
bass, 1.84 million lb (835 mt). However, this rule implements an
increase to the scup specifications, which increases the recreational
harvest limit to 5.74 million lb (2,604 mt). Recreational harvest
limits are the target objectives or ``quotas'' established for the
summer flounder, scup, and black sea bass recreational fisheries. The
management measures (i.e., minimum fish size requirements, angler
possession limits, and fishing seasons) established by this rule are
all designed to ensure that recreational landings do not exceed the
recreational harvest limits.
NMFS is implementing, through this rule, management measures to
apply in the Federal waters of the EEZ and to all federally permitted
party/charter vessels with applicable summer flounder, scup, and/or
black sea bass permits regardless of where they fish during the 2011
fishing year. The management measures (i.e., minimum fish size
requirements, angler possession limits, and fishing seasons)
established by this rule are all designed to ensure that recreational
landings do not exceed the recreational harvest limits. The management
measures established by this rule are as follows: For summer flounder,
use of state-by-state conservation equivalency measures, which is the
status quo management system; 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 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, which are also the status quo measures.
More detail on these proposed measures is provided in the following
sections.
Federal permit holders are reminded that, as a condition of their
Federal permit, they must abide by the Federal measures, even if
fishing in state waters. In addition, in instances where the state-
implemented measures are different than the Federal measures, federally
permitted vessels must adhere to the more restrictive of the two
measures. This will be applicable for both the 2011 scup and black sea
bass recreational fisheries.
All minimum fish sizes discussed below 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.
Summer Flounder Recreational Management Measures
NMFS is implementing, through this rule, conservation equivalency
as the management approach for use in 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 to achieve its state harvest limit
partitioned from the coastwide recreational harvest limit by the
Commission. The combined effect of all of the states' management
measures achieves the same level of conservation as would Federal
coastwide measures, hence the term conservation equivalency. This means
that minimum fish sizes, possession limits, and fishing seasons
developed and adopted by the individual states from MA to NC will be
utilized as the Federal water measures for 2011.
The Commission notified the NMFS Northeast Regional Administrator
by letter dated May 19, 2011, that the 2011 summer flounder
recreational fishery management programs (i.e., minimum fish size,
possession limit, and fishing seasons) implemented by the states from
MA to NC have been reviewed by the Commission's Technical Committee
(TC) and approved by the Commission's Summer Flounder Management Board
(SF Board). The correspondence indicates that the Commission-approved
management programs are projected to restrict 2011 recreational summer
flounder coastwide landings consistent with the state-specific
requirements established by the Technical Committee and SF Board
through the Commission process.
Based on the recommendation of the Commission, the NMFS Northeast
Regional Administrator finds that the recreational summer flounder
fishing measures proposed to be implemented by the individual states
for 2011 are the conservation equivalent of the season, minimum size,
and possession limit prescribed in Sec. Sec. 648.102, 648.103, and
648.105(a), respectively. According to Sec. 648.107(a)(1), vessels
subject to the recreational fishing measures of this part and landing
summer flounder in a state with an approved conservation equivalency
program shall not be subject to Federal measures, and shall instead be
subject to the recreational fishing measures implemented by the state
in which they land. Section 648.107(a) has been amended to recognize
state-implemented measures as conservation equivalent of the coastwide
recreational management measures for 2011. For clarity, the 2011 summer
flounder management measures adopted by the individual states vary
according to the state of landing, as specified in Table 2.
[[Page 38309]]
Table 2--2011 Commission Approved State-by-State Conservation Equivalent Recreational Management Measures for
Summer Flounder
----------------------------------------------------------------------------------------------------------------
Minimum fish size Possession
-------------------------- limit
State (number of Fishing season
inches cm fish)
----------------------------------------------------------------------------------------------------------------
Massachusetts.................... 17.5 44.45 5 May 22-September 30.
Rhode Island..................... 18.5 46.99 7 May 1-December 31.
Connecticut...................... 18.5 46.99 3 May 15-September 5.
New York......................... 20.5 52.07 3 May 1-September 30.
New Jersey....................... 18.0 45.72 8 May 7-September 25.
Delaware......................... 18.0 45.72 4 January 1-October 23.
Maryland......................... 18.0 45.72 3 April 16-November 30.
Virginia......................... 17.5 44.45 4 January 1-December 31.
North Carolina................... 15.0 38.10 6 January 1-December 31.
----------------------------------------------------------------------------------------------------------------
Note: At 40 designated shore sites in CT, anglers may keep 1 fish at 17.0 inches (43.18 cm), May 15-September 5.
Scup Recreational Management Measures
As outlined in the April 21, 2011, proposed rule, NMFS is retaining
the currently codified scup recreational management measures for the
2011 fishing year. These are the status quo measures of 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 seasons
from January 1-June 5 and again from September 27-December 31).
These measures, in conjunction with the regional approach being
applied to state waters through the Commission, are expected to
constrain landings to the 5.74-million-lb (2,604 mt) recreational
harvest limit being concurrently implemented by this rule.
NMFS acknowledges that the Commission will 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 Federal waters; the scup recreational
harvest from Federal waters for 2009 was approximately 2 percent of the
total coastwide landings.
Black Sea Bass Recreational Management Measures
NMFS is retaining the currently codified black sea bass measures
for use in Federal waters during the 2011 fishery (i.e., the status
quo). These measures are a 12.5-in (31.75-cm) minimum fish size, 25-
fish per person possession limit, and May 22-October 11 and November 1-
December 31 fishing seasons. Measures for state waters will vary by
state, as described later in this section. NMFS had proposed
additional, more restrictive measures for the 2011 fishing year (i.e.,
a 13.0-inch (33.02-cm) minimum fish size, a 25-fish per person
possession limit, and open seasons of July 1 through October 1 and
November 1 through December 31); however, these measures are no longer
necessary as the Commission has developed, approved, and implemented
measures for state waters that, when paired with the status quo
measures in Federal waters, achieve the required management objectives
for 2011. NMFS described in the April 21, 2011, proposed rule the
circumstances that might lead to either set of black sea bass measures
being approved for 2011. That information is not repeated here.
The Commission notified the NMFS Northeast Regional Administrator
by letter dated May 19, 2011, that the 2011 black sea bass recreational
fishery management programs (i.e., minimum fish size, possession limit,
and fishing seasons) implemented by the states from MA to NC have been
reviewed by the TC and approved for use by the Commission's Black Sea
Bass Management Board under Addendum XXI to the Commission's black sea
bass management plan. The correspondence indicates that the Commission-
approved management programs, when paired with status quo measures in
Federal waters, are projected to restrict 2011 recreational black sea
bass coastwide landings to the 1.84-million-lb (835 mt) recreational
harvest limit. Recreational management measures between state and
Federal waters may differ as a result of the Commission's Addendum XXI
measures, depending on the measures implemented by the individual
states as outlined in Table 3.
Table 3--Black Sea Bass Management Measures Implemented by NMFS for Federal Waters and the Commission for State
Waters, 2011
----------------------------------------------------------------------------------------------------------------
Minimum fish size Possession
-------------------------- limit
(number of Fishing season
inches cm fish)
----------------------------------------------------------------------------------------------------------------
Federal Measures Implemented by NMFS for Federal Waters
----------------------------------------------------------------------------------------------------------------
EEZ....................................... 12.5 31.75 25 May 22-October 11 and
November 1-December 31.
----------------------------------------------------------------------------------------------------------------
State Measures Implemented by the Commission for State Waters
----------------------------------------------------------------------------------------------------------------
State:
Massachusetts......................... 14.0 35.36 10 May 22-October 11.
Rhode Island.......................... 13.0 33.02 12 July 11-December 31.
[[Page 38310]]
Connecticut........................... 13.0 33.02 25 July 1-October 11 and
November 1-December 31.
New York.............................. 13.0 33.02 10 June 13-October 1 and
November 1-December 31.
New Jersey............................ 12.5 31.75 25 May 28-September 11 and
November 1-December 31.
Delaware.............................. 12.5 31.75 25 May 22-October 11 and
November 1-December 31.
Maryland.............................. 12.5 31.75 25 May 22-October 11 and
November 1-December 31.
Virginia.............................. 12.5 31.75 25 May 22-October 11 and
November 1-December 31.
North Carolina........................ 12.5 31.75 25 July 1-September 25 and
November 1-December 31.
----------------------------------------------------------------------------------------------------------------
Because the Commission-based measures implemented by the states are
different than the Federal water measures, Federal permit holders are
required to adhere to the more restrictive set of measures irrespective
of if fishing in state or Federal waters. Similarly, private anglers
must adhere to the recreational measures implemented by the state in
which the fish will be landed as all the state-implemented measures
place restrictions on possession as opposed to landings.
For additional information on state-implemented management
measures, please contact the marine fisheries management agency for the
state in question or the Commission (https://www.asmfc.org; (703) 842-
0740).
Comments and Responses
Three comment letters were received regarding the proposed scup
quota increase and recreational management measures. Two of these
comments pertained to measures being proposed by the South Atlantic
Fishery Management Council for managing the black sea bass stock south
of Cape Hatteras, NC, and thus are not applicable to this rulemaking.
The other comment letter raised concerns about the scup allocation
between the recreational and commercial sector, as well as the black
sea bass measures proposed for 2011. Comments that require responses
are addressed, as follows:
Comment: One commenter stated that the increased scup quota would
only permit greater opportunity for the commercial fishery sector, as
the increase in quota would only permit the use of status quo scup
recreational management measures. The commenter further stated that the
allocation between the two sectors should be shifted to provide more
opportunity for the recreational fishery sector.
The same commenter also stated that the required reduction in black
sea bass landings in 2011 from 2010 levels should be dispersed over an
unspecified period of time. The commenter also expressed a preference
for reducing the black sea bass possession limit presumably in lieu of
changing either the fishing season or increasing the minimum fish size
from 2010 levels.
Response: The increased scup quota implemented by this rule enables
the use of status quo state and Federal recreational management
measures for 2011. Had the increase in quota not been implemented for
2011, a reduction in scup recreational landings would have been
required because the 2010 recreational fishery substantially exceeded
the recreational harvest limit in place. The statement that harvest
opportunity is increased for both sectors is not in reference to the
potential change from 2010 to 2011, but rather, is applicable relative
to the opportunity that would have been available had the quota
increase not been implemented. The preliminary analyses conducted by
the Council in November 2010 indicated that a 12-percent reduction in
recreational landings for 2011 from 2010 levels would have been
required, had the recreational harvest limit not been increased from
4.3 million lb (1,956 mt) to 5.74 million lb (2,604 mt). Thus, had the
recreational harvest limit not been made available for 2011, scup
recreational management measures would have been more restrictive than
the measures implemented by this rule. Those restrictions would have
decreased recreational harvest opportunity.
With respect to the allocation of scup between the recreational and
commercial fishing sectors, the current allocation split of 78 percent
to the commercial fishery, and 22 percent to the recreational fishery,
is specified in the FMP. This allocation cannot be changed through
either the Council's annual specification or recreational management
measures processes, nor is it possible to modify the allocation
structure through a FMP framework adjustment process. An amendment to
the FMP would be required to enact any allocation change. To date, the
Council has not developed or recommended to NMFS any changes to the
scup allocation.
This rule retains the status quo black sea bass measures of a 25-
fish per person possession limit, and open season of July 1-October 1
and November 1-December 31 for Federal waters in 2011. State measures
implemented through the Commission's process for 2011 vary (see Table 3
for more information). Substantial discussion occurred during the
December 2010 joint Council and Commission meeting about reducing the
per angler possession limit from 25 fish to reduce landings in 2011
from 2010 levels. Because the available landings data for black sea
bass indicate that most anglers retain far fewer than 25 fish (slightly
over 90 percent of all anglers land 6 or fewer black sea bass), any
reduction in possession limit would need to be substantial to have any
effective reduction in landings. For example, if the possession limit
were reduced by 15 fish from 25 to 10, the net reduction in projected
2011 landings from 2010 levels would be less than 3
[[Page 38311]]
percent, because most anglers do not keep more than 5-6 fish.
Classification
The Administrator, Northeast Region, NMFS, determined that this
final rule implementing the increased 2011 scup specifications and 2011
summer flounder, scup, and black sea bass recreational management
measures is necessary for the conservation and management of the summer
flounder, scup, and black sea bass fisheries, and that it is consistent
with the Magnuson-Stevens Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Included in this final rule is the FRFA prepared pursuant to 5
U.S.C. 604(a). The FRFA incorporates the economic impacts described in
the IRFA, a summary of the significant issues raised by the public
comments in response to the IRFA, NMFS's responses to those comments,
and a summary of the analyses completed to support the action. Copies
of the EA/RIR/IRFA and SEA are available from the Council and NMFS (see
ADDRESSES). A FRFA was previously completed in conjunction with the
final rule that implemented the initial scup specifications for 2011
(75 FR 81498; December 28, 2010). This FRFA supplements the necessary
information pertaining to the increases in the scup specifications
implemented by this rule and provides the necessary information with
respect to the summer flounder, scup, and black sea bass recreational
management measures.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why the scup specifications are being
increased, why the 2011 recreational management measures for summer
flounder, scup, and black sea bass are being implemented, and the
objectives of and legal basis for this final rule implementing both
actions are explained in the preambles to the proposed rule and this
final rule, and are not repeated here.
A Summary of the Significant Issues Raised by the Public Comments in
Response to the IRFA, a Summary of the Assessment of the Agency of Such
Issues, and a Statement of Any Changes Made in the Proposed Rule as a
Result of Such Comments
A summary of the comments received and NMFS's responses thereto are
contained in the preamble of this rule. None of those comments
addressed specific information contained in the IRFA economic analysis
or the economic impacts of the increased scup specifications or
recreational management measures more generally. As described in the
preamble, the black sea bass measures implemented by this rule were
changed from those previously proposed.
Description and Estimate of Number of Small Entities to Which This Rule
Will Apply
The scup specifications increase could affect any of the 398
vessels possessing a Federal moratorium or party/charter permit in
2009, the most recent year for which complete permit data are
available. The recreational management 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. However, only 348
vessels reported active participation in the 2009 recreational summer
flounder, scup, and/or black sea bass fisheries.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken to Minimize Economic Impact on Small
Entities
Scup Specifications
A FRFA was previously prepared in conjunction with the action that
implemented the initial scup 2011 specifications (75 FR 81498; December
28, 2010). Information from that FRFA remains applicable here with
respect to the scup specification increase: The economic impact
analyses on the various specification levels proposed by the Council
for implementation by NMFS were evaluated solely on the different
levels of quota specified in the alternatives. The ability of NMFS to
minimize economic impacts when implementing specifications is
constrained to approving quota levels (i.e., TAC and TAL) that provide
the maximum availability of fish while still ensuring that the required
objectives and directives of the FMP, its implementing regulations, and
the Magnuson-Stevens Act are met. To aid in this process, the Council's
Scientific and Statistical Committee (SSC) made recommendations for the
2011 Acceptable Biological Catch (ABC) level for all three stocks,
including scup. The ABC is a catch level of a stock's annual catch that
accounts for the scientific uncertainty in the estimate of the
overfishing level (OFL) and any other scientific uncertainty and, as
such, is designed to provide a low probability of overfishing a stock
in a given year for which ABC is recommended.
The economic analysis for the 2011 specifications, including the
increased scup specifications, assessed the impacts for quota
alternatives that achieve the aforementioned objectives. The no action
alternative, wherein no quotas are established for 2011, was excluded
from analysis because it is not consistent with the goals and
objectives of the FMP and the Magnuson-Stevens Act. Alternative 2 from
the Council's analysis contained the most restrictive TAL options
(i.e., the lowest catch levels; a TAL of 14.11 million lb (6,400 mt))
and was not preferred by the Council or implemented by NMFS because
other alternatives had lower impacts on small entities while achieving
the stated objectives of the 2011 specification process. Alternative 3
contained the least restrictive quotas (a TAL of 28.96 million lb
(13,136 mt)) and produced the smallest impact on small entities.
However, the respective quotas under Alternative 3 were inconsistent
with the SSC's catch level recommendations, as they exceeded the ABC
recommendations provided by the SSC. Because the Alternative 3 measures
were inconsistent with the Magnuson-Stevens Act requirements, they
could not be implemented for 2011, despite having the lowest associated
impact on small entities.
In December 2010, NMFS implemented TALs contained in the Council's
Alternative 1 (summer flounder, 29.48 million lb (13,372 mt); scup,
20.0 million lb (9,072 mt); and black sea bass, 3.6 million lb (1,633
mt)), the Council's preferred alternatives at the time, which consisted
of the quota alternatives that paired the lowest economic impacts to
small entities and meet the required objectives of the FMP and the
Magnuson-Stevens Act. However, in the interim since that action, the
Council supplemented its preferred scup specification measures as
previously described. This new preferred alternative, designated
Alternative 1B and implemented by this rule, provides an increase in
the scup TAC from 29.4 million lb (13,372 million lb) to 31.92 million
lb (14,479 mt). This TAC increase would be 8 percent below the maximum
sustainable yield (MSY) level for scup, and considerably below the 2011
ABC of 51.70 million lb (23,451 mt) recommended by the Council's SSC.
Thus, it is both consistent with the Magnuson-Stevens Act requirements,
[[Page 38312]]
the FMP, the SSC's recommendation, and provides the lowest impacts on
small entities by providing the maximum opportunity to harvest scup
among the various specification alternatives considered for 2011. The
increased opportunity afforded by the increased scup specifications is
expected to produce positive socioeconomic impacts relative to the
previously implemented specification level.
Recreational Management Measures
In seeking to minimize the impact of recreational management
measures (minimum fish size, possession limit, and fishing season) on
small entities (i.e., Federal party/charter permit holders), NMFS is
constrained to implementing measures that meet the conservation
objectives of the FMP and Magnuson-Stevens Act. Management measures
must provide sufficient constraints on recreational landings, such that
the established recreational harvest limits have a low likelihood of
being exceeded, which might lead to overfishing the stock. This rule
maintains the status quo recreational management measures for all three
species in Federal waters.
Summer flounder alternatives. The alternatives examined by the
Council and forwarded for consideration by NMFS consisted of the
preferred alternative of state-by-state conservation equivalency (see
Table 2 for measures) with a precautionary default backstop (status
quo), and the non-preferred alternative of coastwide measures (an 18.5-
inch (46.99-cm) minimum fish size, a 2-fish per person possession
limit, and open season from May 1 through September 30). These were
alternatives 1 and 2, respectively, in the Council's EA/RIR/IRFA.
Analysis of these two alternatives were determined by the Council to
provide a high probability of constraining recreational landings to
levels at or below the 2011 recreational harvest limit. Therefore,
either alternative recreational management system could be considered
for implementation by NMFS, as the critical metric of satisfying the
regulatory and statutory requirements would likely be met by either.
Next, NMFS considered the recommendation of both the Council and
Commission. Both groups recommended implementation of state-by-state
conservation equivalency, with a precautionary default backstop. The
recommendations of both groups were not unanimous: Some Council and
Commission members objected to the use of conservation equivalency,
stating a preference for coastwide measures.
For NMFS to disapprove the Council's recommendation for
conservation equivalency and substitute coastwide management measures,
NMFS must reasonably demonstrate that the recommended measures are
either inconsistent with applicable law or that the conservation
objectives of the FMP will not be achieved by implementing conservation
equivalency. NMFS does not find the Council and Commission's
recommendation to be inconsistent with the implementing regulations of
the FMP at Sec. 648.100 or the Magnuson-Stevens Act, including the 10
National Standards.
The additional metric for consideration by NMFS, applicable to the
FRFA, is examination of the economic impacts of the alternatives on
small entities consistent with the stated objectives of applicable
statutes. As previously stated, both conservation equivalency
(alternative 1) and coastwide measures (alternative 2) are projected to
achieve the conservation objectives for the 2011 summer flounder
recreational fishery. However, the economic impacts of the two
alternatives are not projected to be equal in the Council's analyses:
The economic impacts on small entities under the coastwide measures
management system would vary in comparison to the conservation
equivalency system, dependent on the specific state wherein the small
entities operate.
Quantitative analyses of the economic impacts associated with
conservation equivalency measures are not available. This is because
the development of the individual state measures occurs concurrent to
the NMFS rulemaking process to ensure timely implementation of final
measures for the 2011 recreational fishery; thus, the specific measures
implemented by states are not available for economic impact analyses.
Instead, qualitative methods were utilized by the Council to assess the
relative impact of conservation equivalency (alternative 1) to
coastwide measures (alternative 2). The Council analysis concluded, and
NMFS agrees, that conservation equivalency is expected to minimize
impacts on small entities because individual states can develop
specific summer flounder management measures that allow the fishery to
operate during each state's critical fishing periods while still
achieving conservation goals. To be clear, there are individual states
whose conservation equivalency measures may have a more adverse impact
to some small entities, depending on the restrictions imposed by the
Commission, than would coastwide measures. However, the one-size-fits-
all approach of coastwide measures would negatively impact a broader
distribution of states and the small entities that fish from those
states.
NMFS is implementing the Council and Commission's recommended
state-by-state conservation equivalency measures because: (1) NMFS
finds no compelling reason to disapprove the Council and Commission's
recommended 2011 management system, as the management measures
contained in conservation equivalency are projected to provide the
necessary restriction on recreational landings to prevent the
recreational harvest limit from being exceeded; and (2) the net
economic impact to small entities on a coastwide basis are expected to
be mitigated, to the extent practicable, for a much larger percentage
of small entities.
Scup alternatives. As outlined in the preamble, the individual
states have elected to implement a state-waters conservation
equivalency system for the 2011 scup recreational fishery that has no
comparable regulations for use in Federal waters. NMFS is retaining the
measures currently codified as the Federal water measures for the 2011
fishing year: A 10.5-inch (26.67-cm) minimum fish size; a 10-fish per
person possession limit; and an open season of June 6-September 26.
Similar to the summer flounder discussion, this suite of scup measures
(alternative 1) provides the minimum impact on small entities from the
alternatives available by providing the maximum fishing opportunity in
Federal waters and meets the requirements of the Magnuson-Stevens Act,
the FMP, and achieves the conservation objectives for 2011. Alternative
1 for a 10.5-inch (26.67-cm) minimum fish size, 15-fish per person
possession limit, and open seasons of January 1 through February 28 and
October 1 through October 31, and Alternative 3 for an 11.0-inch
(27.94-cm) minimum fish size, 10-fish per person possession limit, and
open season of May 24 through September 26 contained measures that had
higher impacts on small entities fishing in Federal waters, as both
contained more restrictive measures than would be necessary to satisfy
the management objectives.
Black sea bass alternatives. This final rule is implementing
measures that differ from those originally proposed. As previously
stated in the preamble, individual states have developed and
implemented measures for use in state waters. This rule retains the
status quo measures of alternative 2 contained in the Council's EA/RIR/
IRFA: A 12.5-inch (31.75-cm) minimum fish size; a 25-fish
[[Page 38313]]
possession limit; and May 22-October 11 and November 1-December 31
fishing seasons for Federal waters. This alternative provides the
lowest associated economic impacts to small entities of the measures
considered for Federal waters that also meets the statutory and
regulatory requirements for the 2011 fishery. Alternative 1 (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), originally proposed by NMFS for 2011, was
projected to achieve the conservation objectives for the 2011 black sea
bass fishery; however, the landings level reduction imposed by the
alternative's measures is more restrictive than necessary. The
Alternative 3 measures proposed (12.5-inch (31.75-cm) minimum fish
size, a 25-fish per person possession limit, and open seasons of
January 1 through December 31) were not projected to achieve the
necessary reduction in landings for 2011 and, as such, could not be
implemented by NMFS.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
the small entity compliance guide was prepared and will be sent to all
holders of Federal party/charter permits issued for the summer
flounder, scup, and black sea bass fisheries. In addition, copies of
this final rule and the small entity compliance guide are available
from NMFS (see ADDRESSES) and at the following Web site: https://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 27, 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 amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.103, 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 inches (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.
* * * * *
0
3. 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.
[FR Doc. 2011-16517 Filed 6-29-11; 8:45 am]
BILLING CODE 3510-22-P
