Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2013, 25052-25057 [2013-10033]
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Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules
in the South Atlantic, i.e., state or
Federal waters, by a vessel for which a
Federal commercial vessel permit for
South Atlantic snapper-grouper has
been issued, except if NMFS determines
a limited commercial fishing season for
red snapper is allowable, as specified in
§ 622.183(b)(5).
■ 8. In § 622.193, paragraph (y) is added
to read as follows:
length of the recreational fishing season
for red snapper serves as the in-season
accountability measure. See
§ 622.183(b)(5) for details on the
recreational fishing season. On and after
the effective date of the recreational
closure notification, the bag and
possession limits for red snapper are
zero.
[FR Doc. 2013–10000 Filed 4–26–13; 8:45 am]
BILLING CODE 3510–22–P
*
emcdonald on DSK67QTVN1PROD with PROPOSALS
§ 622.193 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
DEPARTMENT OF COMMERCE
*
*
*
*
(y) Red snapper—(1) Commercial
sector. The commercial ACL for red
snapper is zero. However, if NMFS
determines that the previous year’s
estimated red snapper landings and
dead discards are less than the ABC,
limited red snapper harvest and
possession may be allowed for the
current fishing year and the commercial
ACL value would be determined using
the formula described in the FMP. The
AA will file a notification with the
Office of the Federal Register to
announce the limited commercial ACL
for the current fishing year. NMFS will
monitor commercial landings during the
limited season, and if commercial
landings, as estimated by the SRD, reach
or are projected to reach the commercial
ACL, based on the formula described in
the FMP, the AA will file a notification
with the Office of the Federal Register
to close the commercial sector for red
snapper for the remainder of the year.
On and after the effective date of the
closure notification, all sale or purchase
of red snapper is prohibited and harvest
or possession of red snapper is limited
to the bag and possession limits. This
bag and possession limit and the
prohibition on sale/purchase apply in
the South Atlantic on board a vessel for
which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, without regard to where
such species were harvested or
possessed, i.e., in state or Federal
waters.
(2) Recreational sector. The
recreational ACL for red snapper is zero.
However, if NMFS determines that the
previous year’s estimated red snapper
landings and dead discards are less than
the ABC, limited red snapper harvest
and possession may be allowed for the
current fishing year and the recreational
ACL value would be determined using
the formula described in the FMP. The
AA will file a notification with the
Office of the Federal Register to
announce the limited recreational ACL
and the length of the recreational fishing
season for the current fishing year. The
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National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130403319–3319–01]
RIN 0648–BD13
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder,
Scup, and Black Sea Bass Fisheries;
Fishing Year 2013
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes management
measures for the 2013 summer flounder,
scup, and black sea bass recreational
fisheries. This rule also proposes to
implement an increase in the 2013 and
2014 black sea bass specifications,
consistent with a new acceptable
biological catch recommendation. The
implementing regulations for these
fisheries require NMFS to publish
recreational measures for the fishing
year and to provide an opportunity for
public comment. The intent of these
measures is to prevent overfishing of the
summer flounder, scup, and black sea
bass resources.
DATES: Comments must be received by
5 p.m. local time, on May 14, 2013.
ADDRESSES: You may submit comments
on this document, identified NOAA–
NMFS–2013–0060, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20130060, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Fax: (978) 281–9135, Attn:
Comments on 2013 Proposed Summer
Flounder, Scup, and Black Sea Bass
SUMMARY:
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Recreational Measures, NOAA–NMFS–
2013–0060.
• Mail and Hand Delivery: John K.
Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
Mark the outside of the envelope:
‘‘Comments on 2013 FSB Recreational
Measures.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
Copies of the Supplemental
Environmental Assessment and Initial
Regulatory Flexibility Analysis (SEA/
IRFA) and other supporting documents
for the recreational harvest measures are
available from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 N. State Street, Dover, DE 19901.
The recreational harvest measures
document is also accessible via the
Internet at: https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
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 Mid-Atlantic
Fishery Management Council (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
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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.
emcdonald on DSK67QTVN1PROD 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 (www.mafmc.org) or are
available from the Council by request.
Extensive background on the 2013
recreational management measures
recommendation process is therefore
not repeated in this preamble.
The FMP established monitoring
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
monitoring 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
Summer Flounder, Scup, and Black Sea
Bass Monitoring Committees met on
July 27, 2012, to discuss specificationrelated recommendations for the three
fisheries. Following the SSC and
Monitoring Committee meetings, the
Council and the Board met to consider
the recommendations of the SSC, the
three monitoring committees, and
public comments, and made their
specification recommendations at a joint
meeting held on August 15, 2012. At
that time, the SSC recommendation for
the 2013 black sea bass fishery was an
ABC of 4.5 million lb (2,041 mt). Black
sea bass remains a data-poor stock, with
relatively high uncertainty for the
purposes of calculating ABC. The SSC
rejected the overfishing limit (OFL)
estimate provided from the stock
assessment, stating that it was highly
uncertain and not sufficiently reliable to
use as the basis of management advice.
The SSC recommended a 3-year
specification period, with a constant
harvest strategy that would implement
Proposed Specifications and 2013 and
the same ABC for 2013–2015. However,
2014 Recreational Management
the Council only endorsed the ABC for
Measures
2013, and recommended the annual
In this rule, NMFS proposes
catch limit (ACL), annual catch target
management measures for the 2013
(ACT), and quotas for 2013 only. The
summer flounder, scup, and black sea
Council decided to recommend
bass recreational fisheries. This rule also specifications for just 2013 in the hope
proposes to implement an increase in
that additional information would be
the 2013 and 2014 black sea bass
available for the SSC in the coming year.
specifications, consistent with a new
At its December 2012 meeting, the
acceptable biological catch
Council requested that the SSC revisit
recommendation. All minimum fish
sizes discussed hereafter are total length the 2013 black sea bass specifications
and make a recommendation for the
measurements of the fish, i.e., the
straight-line distance from the tip of the 2014 fishing year. On January 23, 2013,
snout to the end of the tail while the fish the SSC met to reconsider these
specifications and recommended an
is lying on its side. For black sea bass,
increase in the specifications for both
total length measurement does not
the 2013 and 2014 fishing years. The
include the caudal fin tendril. All
SSC revised its recommendation for the
possession limits discussed below are
2013 and 2014 black sea bass ABC to 5.5
per person.
million lb (2,495 mt). The Council voted
Black Sea Bass Specifications
at its February 2013 meeting to
recommend that the new ABC be
The process for establishing
specifications is summarized here and is implemented in conjunction with the
recreational management measures. In
described in detail in the specifications
this rule, NMFS is proposing the
final rule (December 31, 2012; 77 FR
Council’s recommended specifications
76842). The Council’s Scientific and
Statistical Committee (SSC) met on July for black sea bass. The following table
provides the current specifications for
25 and 26, 2012, to recommend
black sea bass for 2013 and the
acceptable biological catches (ABC) for
proposed specifications for 2013 and
the 2013–2015 summer flounder, scup,
2014.
and black sea bass fisheries. 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 monitoring 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.
Established specifications for
2013
million lb
ABC ..................................................................................................................
Commercial ACL & ACT ..................................................................................
Commercial Quota ...........................................................................................
Recreational ACL & ACT .................................................................................
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mt
4.50
2.13
1.78
2.37
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Proposed specifications for
2013 and 2014
million lb
2,041
966
805
1,075
29APP1
5.50
2.60
2.17
2.90
mt
2,495
1,179
984
1,315
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Established specifications for
2013
million lb
Recreational Harvest Limit ..............................................................................
emcdonald on DSK67QTVN1PROD with PROPOSALS
Proposed 2013 Recreational
Management Measures
NMFS is proposing the following
measures that would 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 2013 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-inch
(25.4-cm) minimum fish size, a 30-fish
per person possession limit, and an
open season of January 1 through
December 31; and, for black sea bass, a
12.5-inch (31.8-cm) minimum fish size,
a 20-fish per person possession limit for
open seasons of May 19 through October
14 and November 1 through December
31. NMFS may implement more
restrictive black sea bass measures, as
recommended by the Council (i.e., a
12.5-inch (31.8-cm) minimum fish size,
a 10-fish per person possession limit
and an open season of June 1–
September 5), for Federal waters if the
Commission is unable to develop and
implement state-waters measures that,
when paired with the Council’s
recommended measures, provide the
necessary conservation to ensure the
2013 recreational harvest limit will not
be exceeded. More detail on these
proposed measures is provided in the
following sections.
Summer Flounder Recreational
Management Measures
NMFS proposes to implement the use
of conservation equivalency to manage
the 2013 summer flounder recreational
fishery. The 2013 recreational harvest
limit for summer flounder is 7.63
million lb (3,459 mt), as published in
the final rule implementing the 2013
specifications (December 31, 2012; 77
FR 76942). Projected landings for 2012
are approximately 6.92 million lb (3,139
mt), well below the 2013 recreational
harvest limit, therefore, no reduction in
landings is needed. As a result, the
Council and Commission have
recommended the use of conservation
equivalency to manage the 2013
summer flounder recreational fishery.
NMFS implemented Framework
Adjustment 2 to the FMP on July 29,
2001 (66 FR 36208), to permit the use
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1.85
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 by the
Commission from the coastwide
recreational harvest limit, as long as the
combined effect of all of the states’
management measures achieves the
same level of conservation as would
Federal coastwide measures.
The Council and Board annually
recommend that either state- or regionspecific recreational measures be
developed (conservation equivalency) or
coastwide management measures be
implemented 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.
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mt
Proposed specifications for
2013 and 2014
million lb
838
2.26
mt
1,025
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 process to develop
specific state measure 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.
This year, the Commission has
proposed an addendum to its Summer
Flounder FMP to implement 2013
recreational fishing rules for summer
flounder similar to those from 2012,
partly to minimize the reductions facing
two states (New York and New Jersey)
and partly to allow for a different
distribution of fishing opportunities in
the 2013 season. The proposed
approach is intended to allow states to
capitalize on harvest opportunities that
would be foregone by states that choose
not to fully utilize their 2013 harvest
target. Specifically, the addendum
proposes a mechanism to allow states
access to the summer flounder
recreational harvest limit that is
projected to not be harvested in 2013.
The addendum responds to an
unintended consequence of using
conservation equivalency to stay within
the annually established coastwide
recreational harvest limit for summer
flounder, and to respond to the changes
in the fishery since the 1998 state
landings targets were established. More
information on this proposed addendum
is available from the Commission
(www.asmfc.org).
Once states select their final 2013
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
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the development of state or Commission
management measures, but is an equal
participant along with all the member
states in the review process. NMFS
retains the final authority either to
approve or to disapprove the use of
conservation equivalency in place of the
coastwide measures in Federal waters,
and will publish its determination as a
final rule in the Federal Register to
establish the 2013 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 2013 precautionary default
measures recommended by the Council
and Board are for a 20.0-inch (50.8-cm)
minimum fish size, a possession limit of
two fish, and an open season of May 1
through September 30, 2013.
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.
emcdonald on DSK67QTVN1PROD with PROPOSALS
Scup Recreational Management
Measures
NMFS is proposing to implement the
Council and Commission’s
recommended scup recreational
management measures for 2013 in
Federal waters. The 2013 scup
recreational harvest limit is 7.55 million
lb (3,425 mt), as published in final rule
(December 31, 2012; 77 FR 76942).
Estimated 2012 scup recreational
landings are 4.06 million lb (1,842 mt),
well below the 2013 recreational harvest
limit, therefore, no reduction in
landings is needed. The Council and
Commission’s recommended measures
for the 2013 scup recreational fishery
are for a 10-in (25.4-cm) minimum fish
size, a 30-fish per person possession
limit, and an open season of January 1
through December 31. These measures
are intended to promote an increase in
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recreational scup fishing in order to
achieve the recreational harvest limit.
Black Sea Bass Recreational
Management Measures
NMFS is proposing to implement the
Council’s recommended recreational
management measures to reduce
landings for black sea bass. The
proposed 2013 black sea bass
recreational harvest limit is 2.26 million
lb (1,025 mt). The 2012 recreational
harvest limit was 1.32 million lb (599
mt), and the projected 2012 recreational
landings were 2.99 million lb (1,356
mt). The projected 2012 landings are
above the 2012 recreational harvest
limit and both the previously
established and the proposed
recreational harvest limit for 2013. The
Council and the Commission, therefore,
will need to establish management
measures to reduce landings in 2013 to
a level below the 2013 recreational
harvest limit. The majority of the
recreational black sea bass fishery
occurs in state waters. As such, the
Commission agreed to make more
significant changes to the state-waters
measures to ensure the 2013
recreational harvest limit is not
exceeded.
In light of the Commission’s effort to
make changes to the state-water
measures, the Council recommended a
12.5-inch (31.8-cm) minimum fish size
and 20-fish possession limit for an open
season of May 19–October 14 and
November 1–December 31, and NMFS
proposes to implement these
recommended measures. However, if
the Commission is unable to implement
measures that would constrain landings
in state waters sufficiently, NMFS may
implement the Council’s recommended
measures designed to achieve the full
necessary reduction in landings in
Federal waters: A 12.5-inch (31.8-cm)
minimum fish size; a 10-fish possession
limit; and an open season of June 1–
September 5. In comparison, the 2012
recreational harvest measures for black
sea bass were a 12.5-inch (31.8-cm)
minimum size, a 15-fish possession
limit for an open season of January 1–
February 29, and a 12.5-inch (31.8-cm)
minimum fish size and 25-fish
possession limit for open seasons of
May 19–October 14 and November 1–
December 31.
The decision to implement the
Council’s recommended 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
reflected in the final rule published in
the Federal Register.
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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.
The Council prepared an IRFA, as
required by section 603 of the
Regulatory Flexibility Act (RFA), which
is included in the Supplemental EA and
supplemented by information contained
in the preamble to this proposed rule.
The IRFA describes 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 this
action are contained at the beginning of
this section of the preamble and in the
SUMMARY of this proposed rule. A
summary of the IRFA follows. A copy of
this analysis is available from the
Council (see ADDRESSES).
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements. This
proposed rule does not duplicate,
overlap, or conflict with other Federal
rules.
Description and Estimate of Number of
Small Entities to Which the Rule Would
Apply
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
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.
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emcdonald on DSK67QTVN1PROD with PROPOSALS
The Council estimated that the
proposed measures could affect any of
the 852 vessels possessing a Federal
charter/party permit for summer
flounder, scup, and/or black sea bass in
2012, the most recent year for which
complete permit data are available.
However, only 355 vessels reported
active participation in the 2012
recreational summer flounder, scup,
and/or black sea bass fisheries.
Economic Impacts of the Proposed
Action Compared to Significant NonSelected Alternatives
The IRFA identified three alternatives
in this action: The no-action
alternatiave, the status quo alternative
and the preferred alternative. The noaction alternative (i.e., maintenance of
the regulations as codified) is: (1) For
summer flounder, coastwide measures
of a 18-inch (45.7-cm) minimum fish
size, a 4-fish possession limit, and an
open season from May 1 through
September 30; (2) for scup, a 10.5-inch
(26.7-cm) minimum fish size, a 20-fish
possession limit, and an open season of
January 1 through December 31; and (3)
for black sea bass, a 12.5-inch (31.8-cm)
minimum size, a 15-fish possession
limit for January 1–February 28, and a
25-fish possession limit and open
seasons of May 19 through October 14
and November 1 through December 31.
The status quo alternative is: (1) For
summer flounder, conservation
equivalency, with precautionary default
measures of a 20-inch (50.8-cm)
minimum fish size, a 2-fish possession
limit, and an open season of May 1
through September 30; (2) for scup and
black sea bass, the same as the no action
alternative. The proposed alternative is:
(1) For summer flounder, the same as
the status quo alternative; (2) for scup,
a 10-inch (25.4-cm) minimum fish size,
a 30-fish possession limit, and an open
season of January 1 through December
31; and (3) for black sea bass, a 12.5inch (31.8-cm) minimum fish size, and
a 20-fish possession limit for open
seasons of May 19 through October 14
and November 1 through December 31.
The impacts of the alternatives 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
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14:14 Apr 26, 2013
Jkt 229001
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.
Because the proposed action is as or
less restrictive than the other
alternatives considered and provides the
same or more opportunity for
recreational fishing, the affected
regulated entities are expected to be able
to maximize fishery-related revenue
under the preferred alternative relative
to the non-preferred alternatives. The
preferred alternative for scup would
decrease the minimum size and increase
the possession limit, and the preferred
alternative for black sea bass is only
slightly more restrictive than the status
quo. In contrast, the non-preferred
alternatives for scup would result in a
larger minimum size and a lower
possession limit, and the non-preferred
alternatives for black sea bass that
would not constrain recreational
landings to appropriate level.
For summer flounder, the preferred
alternative for conservation equivalency
is expected to increase fishing
opportunities because, under the
Commission’s plan, almost all states are
authorized to increase landings in 2013.
The Commission has also proposed an
addendum to implement 2013
recreational fishing rules for summer
flounder similar to those from 2012,
partly to minimize the reductions facing
two states (New York and New Jersey)
and partly to allow for the more
equitable distribution of fishing
opportunities in the 2013 season. The
proposed approach is intended to allow
states to capitalize on harvest
opportunities that are foregone by states
that choose not to fully utilize their
2013 harvest target. Specifically, the
addendum proposes a mechanism to
allow states access to the summer
flounder recreational harvest limit that
is projected to not be harvested in 2013.
The Addendum responds to an
unintended consequence of using
conservation equivalency to stay within
the annually established coastwide
recreational harvest limit for summer
flounder, and to respond to the changes
PO 00000
Frm 00052
Fmt 4702
Sfmt 4702
in the fishery since the 1998 state
landings targets were established.
NMFS did not consider any
alternatives that would provide
additional fishing opportunities beyond
what was recommended by the Council
because any such alternative would
increase the risk of the fishery
exceeding the recreational harvest limit,
which could result in overfishing the
stock and/or exceeding the annual catch
limit. This would be contrary to the
goals and objectives of the MagnusonStevens Act.
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 24, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
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. In § 648.104, paragraph (b) is
revised to read as follows:
■
§ 648.104
sizes.
Summer flounder minimum fish
*
*
*
*
*
(b) Party/charter permitted vessels
and recreational fishery participants.
Unless otherwise specified pursuant to
§ 648.107, the minimum size for
summer flounder is 18 inches (45.7 cm)
TL for all vessels that do not qualify for
a moratorium permit under
§ 648.4(a)(3), 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 § 648.106, paragraph (a) is
revised to read as follows:
§ 648.106 Summer flounder possession
restrictions.
(a) Party/charter and recreational
possession limits. Unless otherwise
specified pursuant to § 648.107, no
person shall possess more than four
E:\FR\FM\29APP1.SGM
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Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Proposed Rules
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. Persons aboard a commercial
vessel that is not eligible for a summer
flounder moratorium permit are subject
to this possession limit. The owner,
operator, and crew of a charter or party
boat issued a summer flounder
moratorium permit are subject to the
possession limit when carrying
passengers for hire or when carrying
more than five crew members for a party
boat, or more than three crew members
for a charter boat. This possession limit
may be adjusted pursuant to the
procedures in § 648.102.
*
*
*
*
*
■ 4. Section 648.107 is revised to read
as follows:
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
emcdonald on DSK67QTVN1PROD with PROPOSALS
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by Massachusetts through North
Carolina for 2013 are the conservation
equivalent of the season, minimum fish
size, and possession limit prescribed in
§§ 648.104(b), 648.105, and 648.106(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
§§ 648.104(b), 648.105, and 648.106(a),
respectively, due to the lack of, or the
reversal of, a conservation equivalent
recommendation from the Summer
Flounder Board of the Atlantic States
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14:14 Apr 26, 2013
Jkt 229001
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.
■ 5. In § 648.126, paragraph (b) is
revised to read as follows:
§ 648.126
Scup minimum fish sizes.
*
*
*
*
*
(b) Party/Charter permitted vessels
and recreational fishery participants.
The minimum size for scup is 10 inches
(25.4 cm) TL for all vessels that do not
have a moratorium permit, or for party
and charter vessels that are issued a
moratorium permit but are fishing with
passengers for hire, or carrying more
than three crew members if a charter
boat, or more than five crew members if
a party boat.
*
*
*
*
*
■ 6. Section 648.127 is revised to read
as follows:
§ 648.127
season.
Scup recreational fishing
Fishermen and vessels that are not
eligible for a moratorium permit under
§ 648.4(a)(6), may possess scup yearround, subject to the possession limit
specified in § 648.128(a). The
recreational fishing season may be
adjusted pursuant to the procedures in
§ 648.122.
■ 7. In § 648.128, paragraph (a) is
revised to read as follows:
§ 648.128
Scup possession restrictions.
(a) Party/Charter and recreational
possession limits. No person shall
possess more than 30 scup in, or
harvested from, the EEZ unless that
person is the owner or operator of a
fishing vessel issued a scup moratorium
permit, or is issued a scup dealer
permit. Persons aboard a commercial
vessel that is not eligible for a scup
moratorium permit are subject to this
possession limit. The owner, operator,
and crew of a charter or party boat
issued a scup moratorium permit are
subject to the possession limit when
PO 00000
Frm 00053
Fmt 4702
Sfmt 9990
25057
carrying passengers for hire or when
carrying more than five crew members
for a party boat, or more than three crew
members for a charter boat. This
possession limit may be adjusted
pursuant to the procedures in § 648.122.
*
*
*
*
*
■ 8. In § 648.145, paragraph (a) is
revised to read as follows:
§ 648.145
Black sea bass possession limit.
(a) During the recreational fishing
season specified at § 648.146, no person
shall possess more than 20 black sea
bass in, or harvested from, the EEZ
unless that person is the owner or
operator of a fishing vessel issued a
black sea bass moratorium permit, or is
issued a black sea bass dealer permit.
Persons aboard a commercial vessel that
is not eligible for a black sea bass
moratorium permit may not retain more
than 20 black sea bass during the
recreational fishing season specified at
§ 648.146. The owner, operator, and
crew of a charter or party boat issued a
black sea bass moratorium permit are
subject to the possession limit when
carrying passengers for hire or when
carrying more than five crew members
for a party boat, or more than three crew
members for a charter boat. This
possession limit may be adjusted
pursuant to the procedures in § 648.142.
*
*
*
*
*
■ 9. Section 648.146 is revised to read
as follows:
§ 648.146 Black sea bass recreational
fishing season.
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 only
possess black sea bass from May 19
through October 14, and November 1
through December 31, unless this time
period is adjusted pursuant to the
procedures in § 648.142.
[FR Doc. 2013–10033 Filed 4–26–13; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\29APP1.SGM
29APP1
]]>Agencies
[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Proposed Rules]
[Pages 25052-25057]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10033]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130403319-3319-01]
RIN 0648-BD13
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2013
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes management measures for the 2013 summer
flounder, scup, and black sea bass recreational fisheries. This rule
also proposes to implement an increase in the 2013 and 2014 black sea
bass specifications, consistent with a new acceptable biological catch
recommendation. The implementing regulations for these fisheries
require NMFS to publish recreational measures for the fishing year and
to provide an opportunity for public comment. The intent of these
measures is to prevent overfishing of the summer flounder, scup, and
black sea bass resources.
DATES: Comments must be received by 5 p.m. local time, on May 14, 2013.
ADDRESSES: You may submit comments on this document, identified NOAA-
NMFS-2013-0060, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0060, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Fax: (978) 281-9135, Attn: Comments on 2013 Proposed
Summer Flounder, Scup, and Black Sea Bass Recreational Measures, NOAA-
NMFS-2013-0060.
Mail and Hand Delivery: John K. Bullard, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope:
``Comments on 2013 FSB Recreational Measures.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Copies of the Supplemental Environmental Assessment and Initial
Regulatory Flexibility Analysis (SEA/IRFA) and other supporting
documents for the recreational harvest measures are available from Dr.
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N. State Street, Dover, DE 19901.
The recreational harvest measures document is also accessible via the
Internet at: https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
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 Mid-
Atlantic Fishery Management Council (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
[[Page 25053]]
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.
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 (www.mafmc.org) or are
available from the Council by request. Extensive background on the 2013
recreational management measures recommendation process is therefore
not repeated in this preamble.
The FMP established monitoring 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 monitoring 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 monitoring 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.
Proposed Specifications and 2013 and 2014 Recreational Management
Measures
In this rule, NMFS proposes management measures for the 2013 summer
flounder, scup, and black sea bass recreational fisheries. This rule
also proposes to implement an increase in the 2013 and 2014 black sea
bass specifications, consistent with a new acceptable biological catch
recommendation. 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.
Black Sea Bass Specifications
The process for establishing specifications is summarized here and
is described in detail in the specifications final rule (December 31,
2012; 77 FR 76842). The Council's Scientific and Statistical Committee
(SSC) met on July 25 and 26, 2012, to recommend acceptable biological
catches (ABC) for the 2013-2015 summer flounder, scup, and black sea
bass fisheries. The Summer Flounder, Scup, and Black Sea Bass
Monitoring Committees met on July 27, 2012, to discuss specification-
related recommendations for the three fisheries. Following the SSC and
Monitoring Committee meetings, the Council and the Board met to
consider the recommendations of the SSC, the three monitoring
committees, and public comments, and made their specification
recommendations at a joint meeting held on August 15, 2012. At that
time, the SSC recommendation for the 2013 black sea bass fishery was an
ABC of 4.5 million lb (2,041 mt). Black sea bass remains a data-poor
stock, with relatively high uncertainty for the purposes of calculating
ABC. The SSC rejected the overfishing limit (OFL) estimate provided
from the stock assessment, stating that it was highly uncertain and not
sufficiently reliable to use as the basis of management advice. The SSC
recommended a 3-year specification period, with a constant harvest
strategy that would implement the same ABC for 2013-2015. However, the
Council only endorsed the ABC for 2013, and recommended the annual
catch limit (ACL), annual catch target (ACT), and quotas for 2013 only.
The Council decided to recommend specifications for just 2013 in the
hope that additional information would be available for the SSC in the
coming year.
At its December 2012 meeting, the Council requested that the SSC
revisit the 2013 black sea bass specifications and make a
recommendation for the 2014 fishing year. On January 23, 2013, the SSC
met to reconsider these specifications and recommended an increase in
the specifications for both the 2013 and 2014 fishing years. The SSC
revised its recommendation for the 2013 and 2014 black sea bass ABC to
5.5 million lb (2,495 mt). The Council voted at its February 2013
meeting to recommend that the new ABC be implemented in conjunction
with the recreational management measures. In this rule, NMFS is
proposing the Council's recommended specifications for black sea bass.
The following table provides the current specifications for black sea
bass for 2013 and the proposed specifications for 2013 and 2014.
----------------------------------------------------------------------------------------------------------------
Established specifications for Proposed specifications for
2013 2013 and 2014
---------------------------------------------------------------
million lb mt million lb mt
----------------------------------------------------------------------------------------------------------------
ABC............................................. 4.50 2,041 5.50 2,495
Commercial ACL & ACT............................ 2.13 966 2.60 1,179
Commercial Quota................................ 1.78 805 2.17 984
Recreational ACL & ACT.......................... 2.37 1,075 2.90 1,315
[[Page 25054]]
Recreational Harvest Limit...................... 1.85 838 2.26 1,025
----------------------------------------------------------------------------------------------------------------
Proposed 2013 Recreational Management Measures
NMFS is proposing the following measures that would 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 2013 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-inch (25.4-cm) minimum fish size, a
30-fish per person possession limit, and an open season of January 1
through December 31; and, for black sea bass, a 12.5-inch (31.8-cm)
minimum fish size, a 20-fish per person possession limit for open
seasons of May 19 through October 14 and November 1 through December
31. NMFS may implement more restrictive black sea bass measures, as
recommended by the Council (i.e., a 12.5-inch (31.8-cm) minimum fish
size, a 10-fish per person possession limit and an open season of June
1-September 5), for Federal waters if the Commission is unable to
develop and implement state-waters measures that, when paired with the
Council's recommended measures, provide the necessary conservation to
ensure the 2013 recreational harvest limit will not be exceeded. More
detail on these proposed measures is provided in the following
sections.
Summer Flounder Recreational Management Measures
NMFS proposes to implement the use of conservation equivalency to
manage the 2013 summer flounder recreational fishery. The 2013
recreational harvest limit for summer flounder is 7.63 million lb
(3,459 mt), as published in the final rule implementing the 2013
specifications (December 31, 2012; 77 FR 76942). Projected landings for
2012 are approximately 6.92 million lb (3,139 mt), well below the 2013
recreational harvest limit, therefore, no reduction in landings is
needed. As a result, the Council and Commission have recommended the
use of conservation equivalency to manage the 2013 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 by the Commission from the
coastwide recreational harvest limit, as long as the combined effect of
all of the states' management measures achieves the same level of
conservation as would Federal coastwide measures.
The Council and Board annually recommend that either state- or
region-specific recreational measures be developed (conservation
equivalency) or coastwide management measures be implemented 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 process to develop specific state measure 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.
This year, the Commission has proposed an addendum to its Summer
Flounder FMP to implement 2013 recreational fishing rules for summer
flounder similar to those from 2012, partly to minimize the reductions
facing two states (New York and New Jersey) and partly to allow for a
different distribution of fishing opportunities in the 2013 season. The
proposed approach is intended to allow states to capitalize on harvest
opportunities that would be foregone by states that choose not to fully
utilize their 2013 harvest target. Specifically, the addendum proposes
a mechanism to allow states access to the summer flounder recreational
harvest limit that is projected to not be harvested in 2013. The
addendum responds to an unintended consequence of using conservation
equivalency to stay within the annually established coastwide
recreational harvest limit for summer flounder, and to respond to the
changes in the fishery since the 1998 state landings targets were
established. More information on this proposed addendum is available
from the Commission (www.asmfc.org).
Once states select their final 2013 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
[[Page 25055]]
the development of state or Commission management measures, but is an
equal participant along with all the member states in the review
process. NMFS retains the final authority either to approve or to
disapprove the use of conservation equivalency in place of the
coastwide measures in Federal waters, and will publish its
determination as a final rule in the Federal Register to establish the
2013 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 2013 precautionary default measures recommended by the Council
and Board are for a 20.0-inch (50.8-cm) minimum fish size, a possession
limit of two fish, and an open season of May 1 through September 30,
2013.
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
NMFS is proposing to implement the Council and Commission's
recommended scup recreational management measures for 2013 in Federal
waters. The 2013 scup recreational harvest limit is 7.55 million lb
(3,425 mt), as published in final rule (December 31, 2012; 77 FR
76942). Estimated 2012 scup recreational landings are 4.06 million lb
(1,842 mt), well below the 2013 recreational harvest limit, therefore,
no reduction in landings is needed. The Council and Commission's
recommended measures for the 2013 scup recreational fishery are for a
10-in (25.4-cm) minimum fish size, a 30-fish per person possession
limit, and an open season of January 1 through December 31. These
measures are intended to promote an increase in recreational scup
fishing in order to achieve the recreational harvest limit.
Black Sea Bass Recreational Management Measures
NMFS is proposing to implement the Council's recommended
recreational management measures to reduce landings for black sea bass.
The proposed 2013 black sea bass recreational harvest limit is 2.26
million lb (1,025 mt). The 2012 recreational harvest limit was 1.32
million lb (599 mt), and the projected 2012 recreational landings were
2.99 million lb (1,356 mt). The projected 2012 landings are above the
2012 recreational harvest limit and both the previously established and
the proposed recreational harvest limit for 2013. The Council and the
Commission, therefore, will need to establish management measures to
reduce landings in 2013 to a level below the 2013 recreational harvest
limit. The majority of the recreational black sea bass fishery occurs
in state waters. As such, the Commission agreed to make more
significant changes to the state-waters measures to ensure the 2013
recreational harvest limit is not exceeded.
In light of the Commission's effort to make changes to the state-
water measures, the Council recommended a 12.5-inch (31.8-cm) minimum
fish size and 20-fish possession limit for an open season of May 19-
October 14 and November 1-December 31, and NMFS proposes to implement
these recommended measures. However, if the Commission is unable to
implement measures that would constrain landings in state waters
sufficiently, NMFS may implement the Council's recommended measures
designed to achieve the full necessary reduction in landings in Federal
waters: A 12.5-inch (31.8-cm) minimum fish size; a 10-fish possession
limit; and an open season of June 1-September 5. In comparison, the
2012 recreational harvest measures for black sea bass were a 12.5-inch
(31.8-cm) minimum size, a 15-fish possession limit for an open season
of January 1-February 29, and a 12.5-inch (31.8-cm) minimum fish size
and 25-fish possession limit for open seasons of May 19-October 14 and
November 1-December 31.
The decision to implement the Council's recommended 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 reflected in the final rule published in the Federal Register.
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.
The Council prepared an IRFA, as required by section 603 of the
Regulatory Flexibility Act (RFA), which is included in the Supplemental
EA and supplemented by information contained in the preamble to this
proposed rule. The IRFA describes 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 this action
are contained at the beginning of this section of the preamble and in
the SUMMARY of this proposed rule. A summary of the IRFA follows. A
copy of this analysis is available from the Council (see ADDRESSES).
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This proposed rule does not duplicate,
overlap, or conflict with other Federal rules.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
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 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.
[[Page 25056]]
The Council estimated that the proposed measures could affect any
of the 852 vessels possessing a Federal charter/party permit for summer
flounder, scup, and/or black sea bass in 2012, the most recent year for
which complete permit data are available. However, only 355 vessels
reported active participation in the 2012 recreational summer flounder,
scup, and/or black sea bass fisheries.
Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives
The IRFA identified three alternatives in this action: The no-
action alternatiave, the status quo alternative and the preferred
alternative. The no-action alternative (i.e., maintenance of the
regulations as codified) is: (1) For summer flounder, coastwide
measures of a 18-inch (45.7-cm) minimum fish size, a 4-fish possession
limit, and an open season from May 1 through September 30; (2) for
scup, a 10.5-inch (26.7-cm) minimum fish size, a 20-fish possession
limit, and an open season of January 1 through December 31; and (3) for
black sea bass, a 12.5-inch (31.8-cm) minimum size, a 15-fish
possession limit for January 1-February 28, and a 25-fish possession
limit and open seasons of May 19 through October 14 and November 1
through December 31. The status quo alternative is: (1) For summer
flounder, conservation equivalency, with precautionary default measures
of a 20-inch (50.8-cm) minimum fish size, a 2-fish possession limit,
and an open season of May 1 through September 30; (2) for scup and
black sea bass, the same as the no action alternative. The proposed
alternative is: (1) For summer flounder, the same as the status quo
alternative; (2) for scup, a 10-inch (25.4-cm) minimum fish size, a 30-
fish possession limit, and an open season of January 1 through December
31; and (3) for black sea bass, a 12.5-inch (31.8-cm) minimum fish
size, and a 20-fish possession limit for open seasons of May 19 through
October 14 and November 1 through December 31.
The impacts of the alternatives 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.
Because the proposed action is as or less restrictive than the
other alternatives considered and provides the same or more opportunity
for recreational fishing, the affected regulated entities are expected
to be able to maximize fishery-related revenue under the preferred
alternative relative to the non-preferred alternatives. The preferred
alternative for scup would decrease the minimum size and increase the
possession limit, and the preferred alternative for black sea bass is
only slightly more restrictive than the status quo. In contrast, the
non-preferred alternatives for scup would result in a larger minimum
size and a lower possession limit, and the non-preferred alternatives
for black sea bass that would not constrain recreational landings to
appropriate level.
For summer flounder, the preferred alternative for conservation
equivalency is expected to increase fishing opportunities because,
under the Commission's plan, almost all states are authorized to
increase landings in 2013. The Commission has also proposed an addendum
to implement 2013 recreational fishing rules for summer flounder
similar to those from 2012, partly to minimize the reductions facing
two states (New York and New Jersey) and partly to allow for the more
equitable distribution of fishing opportunities in the 2013 season. The
proposed approach is intended to allow states to capitalize on harvest
opportunities that are foregone by states that choose not to fully
utilize their 2013 harvest target. Specifically, the addendum proposes
a mechanism to allow states access to the summer flounder recreational
harvest limit that is projected to not be harvested in 2013. The
Addendum responds to an unintended consequence of using conservation
equivalency to stay within the annually established coastwide
recreational harvest limit for summer flounder, and to respond to the
changes in the fishery since the 1998 state landings targets were
established.
NMFS did not consider any alternatives that would provide
additional fishing opportunities beyond what was recommended by the
Council because any such alternative would increase the risk of the
fishery exceeding the recreational harvest limit, which could result in
overfishing the stock and/or exceeding the annual catch limit. This
would be contrary to the goals and objectives of the Magnuson-Stevens
Act.
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 24, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.104, paragraph (b) is revised to read as follows:
Sec. 648.104 Summer flounder minimum fish sizes.
* * * * *
(b) Party/charter permitted vessels and recreational fishery
participants. Unless otherwise specified pursuant to Sec. 648.107, the
minimum size for summer flounder is 18 inches (45.7 cm) TL for all
vessels that do not qualify for a moratorium permit under Sec.
648.4(a)(3), 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. 648.106, paragraph (a) is revised to read as follows:
Sec. 648.106 Summer flounder possession restrictions.
(a) Party/charter and recreational possession limits. Unless
otherwise specified pursuant to Sec. 648.107, no person shall possess
more than four
[[Page 25057]]
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.
Persons aboard a commercial vessel that is not eligible for a summer
flounder moratorium permit are subject to this possession limit. The
owner, operator, and crew of a charter or party boat issued a summer
flounder moratorium permit are subject to the possession limit when
carrying passengers for hire or when carrying more than five crew
members for a party boat, or more than three crew members for a charter
boat. This possession limit may be adjusted pursuant to the procedures
in Sec. 648.102.
* * * * *
0
4. Section 648.107 is 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 2013 are the conservation equivalent of the season,
minimum fish size, and possession limit prescribed in Sec. Sec.
648.104(b), 648.105, and 648.106(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. 648.104(b),
648.105, and 648.106(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.
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5. In Sec. 648.126, paragraph (b) is revised to read as follows:
Sec. 648.126 Scup minimum fish sizes.
* * * * *
(b) Party/Charter permitted vessels and recreational fishery
participants. The minimum size for scup is 10 inches (25.4 cm) TL for
all vessels that do not have a moratorium permit, or for party and
charter vessels that are issued a moratorium permit but are fishing
with passengers for hire, or carrying more than three crew members if a
charter boat, or more than five crew members if a party boat.
* * * * *
0
6. Section 648.127 is revised to read as follows:
Sec. 648.127 Scup recreational fishing season.
Fishermen and vessels that are not eligible for a moratorium permit
under Sec. 648.4(a)(6), may possess scup year-round, subject to the
possession limit specified in Sec. 648.128(a). The recreational
fishing season may be adjusted pursuant to the procedures in Sec.
648.122.
0
7. In Sec. 648.128, paragraph (a) is revised to read as follows:
Sec. 648.128 Scup possession restrictions.
(a) Party/Charter and recreational possession limits. No person
shall possess more than 30 scup in, or harvested from, the EEZ unless
that person is the owner or operator of a fishing vessel issued a scup
moratorium permit, or is issued a scup dealer permit. Persons aboard a
commercial vessel that is not eligible for a scup moratorium permit are
subject to this possession limit. The owner, operator, and crew of a
charter or party boat issued a scup moratorium permit are subject to
the possession limit when carrying passengers for hire or when carrying
more than five crew members for a party boat, or more than three crew
members for a charter boat. This possession limit may be adjusted
pursuant to the procedures in Sec. 648.122.
* * * * *
0
8. In Sec. 648.145, paragraph (a) is revised to read as follows:
Sec. 648.145 Black sea bass possession limit.
(a) During the recreational fishing season specified at Sec.
648.146, no person shall possess more than 20 black sea bass in, or
harvested from, the EEZ unless that person is the owner or operator of
a fishing vessel issued a black sea bass moratorium permit, or is
issued a black sea bass dealer permit. Persons aboard a commercial
vessel that is not eligible for a black sea bass moratorium permit may
not retain more than 20 black sea bass during the recreational fishing
season specified at Sec. 648.146. The owner, operator, and crew of a
charter or party boat issued a black sea bass moratorium permit are
subject to the possession limit when carrying passengers for hire or
when carrying more than five crew members for a party boat, or more
than three crew members for a charter boat. This possession limit may
be adjusted pursuant to the procedures in Sec. 648.142.
* * * * *
0
9. Section 648.146 is revised to read as follows:
Sec. 648.146 Black sea bass recreational fishing season.
Vessels that are not eligible for a moratorium permit under Sec.
648.4(a)(7), and fishermen subject to the possession limit specified in
Sec. 648.145(a), may only possess black sea bass from May 19 through
October 14, and November 1 through December 31, unless this time period
is adjusted pursuant to the procedures in Sec. 648.142.
[FR Doc. 2013-10033 Filed 4-26-13; 8:45 am]
BILLING CODE 3510-22-P
