Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2013, 37475-37480 [2013-14919]
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BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130403319–3545–02]
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.
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AGENCY:
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ACTION:
Final rule.
NMFS is implementing
management measures for the 2013
summer flounder, scup, and black sea
bass recreational fisheries. This rule also
implements 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. The intent of these measures is to
prevent overfishing of the summer
flounder, scup, and black sea bass
resources.
DATES: Effective June 20, 2013.
ADDRESSES: Copies of the Supplemental
Environmental Assessment (SEA) for
the 2013 recreational management
measures document, including the
Supplemental Environmental
Assessment, Regulatory Impact Review,
and Initial Regulatory Flexibility
Analysis (SEA/RIR/IRFA) and other
supporting documents for 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:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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
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37475
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
2013 Federal recreational measures for
the summer flounder, scup, and black
sea bass recreational fisheries was
published on April 29, 2013 (78 FR
25052). Additional background and
information is provided in the preamble
to the proposed rule and is not repeated
here.
2013 and 2014 Black Sea Bass
Specifications and 2013 Recreational
Management Measures
In this rule, NMFS is implementing
management measures for the 2013
summer flounder, scup, and black sea
bass recreational fisheries. This rule also
implements an increase in the 2013 and
2014 black sea bass specifications,
consistent with a new acceptable
biological catch (ABC) 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 was summarized in the
proposed rule and is not repeated here.
At its December 2012 meeting, the
Council requested that the Scientific
and Statistical Committee (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. The
following table provides the initial
specifications for black sea bass for 2013
that were established in the
specifications final rule (December 31,
2012; 77 FR 76942) and the revised
specifications for 2013 and 2014 that are
implemented in this rule.
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TABLE 1—BLACK SEA BASS SPECIFICATIONS
Original 2013 specifications
million lb
New specifications for 2013 and
2014
(million lb)
mt
million lb
ABC ..................................................................................................
Commercial ACL & ACT ..................................................................
Commercial Quota ...........................................................................
Recreational ACL & ACT .................................................................
Recreational Harvest Limit ..............................................................
As a result of this increase in the
black sea bass catch limits, there is a
corresponding increase of 25,000 lb
(11.3 mt) of black sea bass in the
available Research Set-Aside (RSA). Of
the total 140,000 lb (65.5 mt) of black
sea bass RSA now available, 129,420 lb
(58.7 mt) have been awarded. The
resulting difference of 10,580 lb (4.8 mt)
is redistributed to the recreational
harvest limit and the commercial quota,
proportionally based on the sector
allocations specified in the FMP (i.e., 49
percent to the commercial sector and 51
percent to the recreational sector.)
Therefore, this rule implements a
recreational harvest limit of 2,262,929 lb
(1,026 mt) and a commercial quota of
2,174,312 lb (986 mt).
2013 Recreational Management
Measures
This rule implements 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 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,
and a 20-fish per person possession
limit for open seasons of May 19
through October 14 and November 1
through December 31.
Federal permit holders are reminded
that, as a condition of their Federal
4.50
2.13
1.78
2.37
1.85
2,041
966
805
1,075
838
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 2013 scup and black sea bass
recreational fisheries.
Summer Flounder Recreational
Management Measures
This final rule implements 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 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 Massachusetts to
North Carolina will replace the Federal
waters measures for 2013.
The Commission notified the NMFS
Northeast Regional Administrator by
letter dated May 14, 2013, that the 2013
summer flounder recreational fishery
management programs (i.e., minimum
mt
5.50
2.60
2.17
2.90
2.26
2,495
1,179
986
1,315
1,026
fish size, possession limit, and fishing
seasons) implemented by the states from
Massachusetts to North Carolina have
been reviewed by the Commission’s
Technical Committee 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 2013
recreational summer flounder coastwide
landings consistent with the statespecific 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 2013 are the
conservation equivalent of the season,
minimum size, and possession limit
prescribed in §§ 648.104(b), 648.105,
and 648.106(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 2013. For clarity, the 2013
summer flounder management measures
adopted by the individual states vary
according to the state of landing, as
specified in Table 1.
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TABLE 2—2013 COMMISSION APPROVED STATE-BY-STATE CONSERVATION EQUIVALENT RECREATIONAL MANAGEMENT
MEASURES FOR SUMMER FLOUNDER
Minimum Size
(inches)
State
Massachusetts ...............................................................
Rhode Island ..................................................................
Connecticut ....................................................................
New York .......................................................................
New Jersey ....................................................................
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Minimum Size
(cm)
16
18
17.5
19
17.5
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40.6
45.7
44.5
48.3
44.5
Possession Limit
5
8
5
4
5
fish
fish
fish
fish
fish
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.................
.................
.................
.................
.................
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Open Season
May
May
May
May
May
22–September 30.
1–December 31.
15–October 31.
1–September 29.
18–September 16.
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37477
TABLE 2—2013 COMMISSION APPROVED STATE-BY-STATE CONSERVATION EQUIVALENT RECREATIONAL MANAGEMENT
MEASURES FOR SUMMER FLOUNDER—Continued
Minimum Size
(inches)
State
Delaware ........................................................................
Maryland ........................................................................
PRFC .............................................................................
Virginia ...........................................................................
North Carolina ................................................................
Minimum Size
(cm)
17
16
16
16
15
43.2
40.6
40.6
40.6
38.1
Possession Limit
4
4
4
4
6
fish
fish
fish
fish
fish
.................
.................
.................
.................
.................
Open Season
All Year.
March 28–December 31.
All year.
All year.
All Year.
Note: At 42 designated shore sites in CT, anglers may keep 5 fish at 16.0 inches (40.6 cm), May 15–October 31.
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Scup Recreational Management
Measures
This final rule implements 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 measures for
the 2013 scup recreational fishery are
for 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.
Black Sea Bass Recreational
Management Measures
This final rule implements the
Council’s recommended recreational
management measures to reduce
landings for black sea bass. The 2013
black sea bass recreational harvest limit
is 2.26 million lb (1,026 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 new
recreational harvest limit for 2013. The
Council and the Commission, therefore,
needed 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. Specifically, at the December
2012 meeting, the available data
indicated that the Commission needed
to reduce landings by 32 percent.
However, data corrections and updates
to the average weight per fish have
resulted in the Commission needing to
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reduce landings by 24 percent as
compared to 2012. In a letter dated May
16, 2013, the Commission has indicated
that there was a reasonable likelihood
that the state measures, including the
proposed measures for Connecticut,
would constrain recreational landings to
the recreational harvest limit.
In light of the Commission’s changes
to the state-water measures, this final
rule implements a 12.5-inch (31.8-cm)
minimum fish size and 20-fish
possession limit for open seasons of
May 19—October 14 and November 1–
December 31.
Comments and Responses
NMFS received one comment
regarding the proposed recreational
management measures and increase to
the black sea bass specifications. The
commenter stated that there was no
factual reason for an increase in the
catch limits and that the catch limits for
all three species should be reduced by
25 percent to prevent extinction. NMFS
disagrees with these statements. The
catch limits that were established for
summer flounder and scup in the
specifications final rule (December 31,
2012; 77 FR 76942) and the increase to
the black sea bass specifications
established in this rule are based on the
best available scientific information and
on recommendations of the Council’s
SSC. None of these species is overfished
or experiencing overfishing, and,
therefore, not in danger of extinction.
Classification
The Regional Administrator,
Northeast Region, NMFS, determined
that this final rule implementing the
2013 summer flounder, scup, and black
sea bass recreational management
measures and 2013 and 2014 black sea
bass specifications is necessary for the
conservation and management of the
summer flounder, scup, and black sea
bass fisheries, and 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.
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Administrative Procedure Act
The Assistant Administrator for
Fisheries, NOAA, has determined that
there is good cause to waive the
requirement for a 30-day delay in
effectiveness provision of the
Administrative Procedure Act, pursuant
to 5 U.S.C. 553(d)(3). NMFS has
determined that a delay in this rule’s
effectiveness would be contrary to the
public interest because it would
undermine the intent of the rule, which
is to promote the optimal utilization and
conservation of the summer flounder,
scup, and black sea bass resources. This
action increases the trip limit for the
recreational scup fishery in Federal
waters and allows federally permitted
charter/party vessels to be subject to the
new, liberalized summer flounder
measures in their respective states,
without resulting in overfishing.
Because some states’ summer flounder
fisheries are already open or will open
during the 30-day period, federally
permitted charter/party vessels would
be restricted to the existing summer
flounder coastwide regulations (18-inch
(45.7-cm) minimum size and a 2-fish per
person possession limit) until the
Federal regulations are effective. This
would unnecessarily disadvantage the
federally permitted vessels, which
would be subject to the more restrictive
measures while state-licensed vessels
could be engaged in fishing activities
under this year’s management measures.
In addition, this rule increases the
possession limit for scup, expanding
fishing opportunities for fishermen that
would otherwise be constrained under
the current measures, without resulting
in overfishing. If the effectiveness of this
final rule were delayed for 30 days, the
fishery would likely forego some
amount of landings and revenues during
the delay period. While these
restrictions would be alleviated after
this rule becomes effective, fishermen
may be not able to recoup the lost
economic opportunity of foregone trips
that would result from delaying the
effectiveness of this action.
For these reasons, the 30-day delay is
waived and this rule will become
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effective on the date of filing in the
Federal Register.
Final Regulatory Flexibility Analysis
This final rule includes 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).
Statement of Objective and Need
A description of the reasons why the
2013 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.
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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
One comment was received on the
proposed rule; however, it did not
address the IRFA or economic analysis
and did not result in any changes to the
rule.
Description and Estimate of Number of
Small Entities to Which This Rule Will
Apply
The recreational management
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. However,
only 355 vessels reported active
participation in the 2012 recreational
summer flounder, scup, and/or black
sea bass fisheries, based on Vessel Trip
Reports where the amount of kept
summer flounder, scup, or black sea
bass is greater than zero on a reported
charter/party trip. The Small Business
Administration (SBA) considers
commercial fishing entities (NAICS
code 114111) to be small entities if they
have no more than $4 million in annual
sales, while the size standard for
charter/party operators (part of NAICS
code 487210) is $7 million in sales.
Because any vessel at any time may be
issued an open access charter/party
summer flounder, scup, and/or black
sea bass permit, it is difficult to
determine how many vessels or owners
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will participate in this fishery in a given
year. Although some firms own more
than one vessel, available data make it
difficult to reliably identify ownership
control over more than one vessel. Thus,
all of the entities (fishing vessels)
affected by this action are considered
small entities under the SBA size
standards for charter/party fishing
businesses ($7.0 million in annual gross
sales). Therefore, there are no
disproportionate effects on small versus
large entities.
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
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 summer
flounder, implements less restrictive
management measures for scup, and
slightly more restrictive measures for
black sea bass in Federal waters.
Summer flounder alternatives. The
alternatives examined by the Council
and forwarded for consideration by
NMFS consisted of the non-preferred
alternative of coastwide measures (an
18-inch (45.7-cm) minimum fish size, a
4-fish per person possession limit, and
open season from May 1 through
September 30), and the preferred
alternative of state-by-state conservation
equivalency (see Table 2 for measures)
with a precautionary default backstop
(status quo). These were alternatives 1
and 2, respectively, in the Council’s
SEA/RIR/IRFA. These two alternatives
were determined by the Council to
provide a high probability of
constraining recreational landings to
levels at or below the 2013 recreational
harvest limit. Therefore, either
alternative recreational management
system could be considered for
implementation by NMFS, as the critical
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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.
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 coastwide
measures (alternative 1) and
conservation equivalency (alternative 2)
are projected to achieve the
conservation objectives for the 2013
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 2013 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 2)
to coastwide measures (alternative 1).
The Council analysis concluded, and
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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.
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 2013 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. NMFS is
implementing the Council’s preferred
measures as the Federal water measures
for the 2013 fishing year: A 10-inch
(25.4-cm) minimum fish size; a 30-fish
per person possession limit; and yearround open season. Similar to the
summer flounder discussion, this suite
of scup measures (alternative 2)
provides the greatest economic
opportunity for small entities from the
alternatives available by providing the
maximum fishing opportunity in
Federal waters that also meets the
requirements of the Magnuson-Stevens
Act, the FMP, and achieves the
conservation objectives for 2013.
Alternative 1 for a 10.5-inch (26.7-cm)
minimum fish size, 20-fish per person
possession limit, and year-round open
season contained measures that had
higher impacts on small entities fishing
in Federal waters, as it contains more
restrictive measures than would be
necessary to satisfy the management
objectives, and thus this alternative was
not implemented.
Black sea bass alternatives. As
previously stated in the preamble,
individual states have developed and
implemented measures for use in state
waters. This rule implements the
Council’s preferred measures
(Alternative 2 in the Council’s SEA/RIR/
IRFA): A 12.5-inch (31.8-cm) minimum
fish size and a 22-fish possession limit
for the May 19–October 14 and
November 1–December 31 fishing
seasons. This alternative provides the
greatest associated economic
opportunities to small entities of the
measures considered for Federal waters
that also meets the statutory and
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regulatory requirements for the 2013
fishery. Alternative 1 (a 12.5-inch (31.8cm) minimum fish size, a 25-fish per
person possession limit, and open
season of May 19 through October 14
and November 1 through December 31;
and a 12.5-inch (31.8-cm) minimum fish
size, a 15-fish per person possession
limit, and an open season of January 1February 28), does not satisfy the
management objectives of the FMP, as a
reduction in landings as compared to
2012 is necessary, and thus this
alternative was not implemented.
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 17, 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 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
*
*
PO 00000
*
Frm 00043
*
Fmt 4700
*
Sfmt 4700
37479
(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
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.
(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
E:\FR\FM\21JNR1.SGM
21JNR1
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Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations
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
Marine Fisheries Commission, shall be
subject to the following precautionary
default measures: Season—May 1
through September 30; minimum size—
20.0 inches (50.8 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.
TKELLEY on DSK3SPTVN1PROD with RULES
Fishermen and vessels that are not
eligible for a moratorium permit under
16:03 Jun 20, 2013
Jkt 229001
§ 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 § 648.122.
*
*
*
*
*
■ 8. In § 648.145, paragraph (a) is
revised to read as follows:
§ 648.145
Scup recreational fishing
VerDate Mar<15>2010
§ 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:
Black sea bass possession limit.
(a) During the recreational fishing
season specified at § 648.146, no person
shall possess more than 20 black sea
PO 00000
Frm 00044
Fmt 4700
Sfmt 9990
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. 2013–14919 Filed 6–20–13; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37475-37480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14919]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130403319-3545-02]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing management measures for the 2013 summer
flounder, scup, and black sea bass recreational fisheries. This rule
also implements 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. The
intent of these measures is to prevent overfishing of the summer
flounder, scup, and black sea bass resources.
DATES: Effective June 20, 2013.
ADDRESSES: Copies of the Supplemental Environmental Assessment (SEA)
for the 2013 recreational management measures document, including the
Supplemental Environmental Assessment, Regulatory Impact Review, and
Initial Regulatory Flexibility Analysis (SEA/RIR/IRFA) and other
supporting documents for 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: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
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 2013 Federal recreational measures
for the summer flounder, scup, and black sea bass recreational
fisheries was published on April 29, 2013 (78 FR 25052). Additional
background and information is provided in the preamble to the proposed
rule and is not repeated here.
2013 and 2014 Black Sea Bass Specifications and 2013 Recreational
Management Measures
In this rule, NMFS is implementing management measures for the 2013
summer flounder, scup, and black sea bass recreational fisheries. This
rule also implements an increase in the 2013 and 2014 black sea bass
specifications, consistent with a new acceptable biological catch (ABC)
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 was summarized in the
proposed rule and is not repeated here. At its December 2012 meeting,
the Council requested that the Scientific and Statistical Committee
(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. The following table provides
the initial specifications for black sea bass for 2013 that were
established in the specifications final rule (December 31, 2012; 77 FR
76942) and the revised specifications for 2013 and 2014 that are
implemented in this rule.
[[Page 37476]]
Table 1--Black Sea Bass Specifications
----------------------------------------------------------------------------------------------------------------
Original 2013 specifications New specifications for 2013 and
------------------------------------ 2014 (million lb)
-----------------------------------
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 2.17 986
Recreational ACL & ACT.................. 2.37 1,075 2.90 1,315
Recreational Harvest Limit.............. 1.85 838 2.26 1,026
----------------------------------------------------------------------------------------------------------------
As a result of this increase in the black sea bass catch limits,
there is a corresponding increase of 25,000 lb (11.3 mt) of black sea
bass in the available Research Set-Aside (RSA). Of the total 140,000 lb
(65.5 mt) of black sea bass RSA now available, 129,420 lb (58.7 mt)
have been awarded. The resulting difference of 10,580 lb (4.8 mt) is
redistributed to the recreational harvest limit and the commercial
quota, proportionally based on the sector allocations specified in the
FMP (i.e., 49 percent to the commercial sector and 51 percent to the
recreational sector.) Therefore, this rule implements a recreational
harvest limit of 2,262,929 lb (1,026 mt) and a commercial quota of
2,174,312 lb (986 mt).
2013 Recreational Management Measures
This rule implements 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 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, and a 20-fish per person possession limit for open
seasons of May 19 through October 14 and November 1 through December
31.
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 2013 scup and black sea
bass recreational fisheries.
Summer Flounder Recreational Management Measures
This final rule implements 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 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 Massachusetts to
North Carolina will replace the Federal waters measures for 2013.
The Commission notified the NMFS Northeast Regional Administrator
by letter dated May 14, 2013, that the 2013 summer flounder
recreational fishery management programs (i.e., minimum fish size,
possession limit, and fishing seasons) implemented by the states from
Massachusetts to North Carolina have been reviewed by the Commission's
Technical Committee 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 2013
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 2013 are 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. 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 2013. For clarity, the 2013 summer
flounder management measures adopted by the individual states vary
according to the state of landing, as specified in Table 1.
Table 2--2013 Commission Approved State-by-State Conservation Equivalent Recreational Management Measures for Summer Flounder
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum Size Minimum Size
State (inches) (cm) Possession Limit Open Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Massachusetts......................... 16 40.6 5 fish........................ May 22-September 30.
Rhode Island.......................... 18 45.7 8 fish........................ May 1-December 31.
Connecticut........................... 17.5 44.5 5 fish........................ May 15-October 31.
New York.............................. 19 48.3 4 fish........................ May 1-September 29.
New Jersey............................ 17.5 44.5 5 fish........................ May 18-September 16.
[[Page 37477]]
Delaware.............................. 17 43.2 4 fish........................ All Year.
Maryland.............................. 16 40.6 4 fish........................ March 28-December 31.
PRFC.................................. 16 40.6 4 fish........................ All year.
Virginia.............................. 16 40.6 4 fish........................ All year.
North Carolina........................ 15 38.1 6 fish........................ All Year.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: At 42 designated shore sites in CT, anglers may keep 5 fish at 16.0 inches (40.6 cm), May 15-October 31.
Scup Recreational Management Measures
This final rule implements 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 measures for the 2013 scup recreational fishery
are for 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.
Black Sea Bass Recreational Management Measures
This final rule implements the Council's recommended recreational
management measures to reduce landings for black sea bass. The 2013
black sea bass recreational harvest limit is 2.26 million lb (1,026
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 new
recreational harvest limit for 2013. The Council and the Commission,
therefore, needed 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. Specifically, at the December 2012 meeting, the
available data indicated that the Commission needed to reduce landings
by 32 percent. However, data corrections and updates to the average
weight per fish have resulted in the Commission needing to reduce
landings by 24 percent as compared to 2012. In a letter dated May 16,
2013, the Commission has indicated that there was a reasonable
likelihood that the state measures, including the proposed measures for
Connecticut, would constrain recreational landings to the recreational
harvest limit.
In light of the Commission's changes to the state-water measures,
this final rule implements a 12.5-inch (31.8-cm) minimum fish size and
20-fish possession limit for open seasons of May 19--October 14 and
November 1-December 31.
Comments and Responses
NMFS received one comment regarding the proposed recreational
management measures and increase to the black sea bass specifications.
The commenter stated that there was no factual reason for an increase
in the catch limits and that the catch limits for all three species
should be reduced by 25 percent to prevent extinction. NMFS disagrees
with these statements. The catch limits that were established for
summer flounder and scup in the specifications final rule (December 31,
2012; 77 FR 76942) and the increase to the black sea bass
specifications established in this rule are based on the best available
scientific information and on recommendations of the Council's SSC.
None of these species is overfished or experiencing overfishing, and,
therefore, not in danger of extinction.
Classification
The Regional Administrator, Northeast Region, NMFS, determined that
this final rule implementing the 2013 summer flounder, scup, and black
sea bass recreational management measures and 2013 and 2014 black sea
bass specifications is necessary for the conservation and management of
the summer flounder, scup, and black sea bass fisheries, and 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.
Administrative Procedure Act
The Assistant Administrator for Fisheries, NOAA, has determined
that there is good cause to waive the requirement for a 30-day delay in
effectiveness provision of the Administrative Procedure Act, pursuant
to 5 U.S.C. 553(d)(3). NMFS has determined that a delay in this rule's
effectiveness would be contrary to the public interest because it would
undermine the intent of the rule, which is to promote the optimal
utilization and conservation of the summer flounder, scup, and black
sea bass resources. This action increases the trip limit for the
recreational scup fishery in Federal waters and allows federally
permitted charter/party vessels to be subject to the new, liberalized
summer flounder measures in their respective states, without resulting
in overfishing. Because some states' summer flounder fisheries are
already open or will open during the 30-day period, federally permitted
charter/party vessels would be restricted to the existing summer
flounder coastwide regulations (18-inch (45.7-cm) minimum size and a 2-
fish per person possession limit) until the Federal regulations are
effective. This would unnecessarily disadvantage the federally
permitted vessels, which would be subject to the more restrictive
measures while state-licensed vessels could be engaged in fishing
activities under this year's management measures. In addition, this
rule increases the possession limit for scup, expanding fishing
opportunities for fishermen that would otherwise be constrained under
the current measures, without resulting in overfishing. If the
effectiveness of this final rule were delayed for 30 days, the fishery
would likely forego some amount of landings and revenues during the
delay period. While these restrictions would be alleviated after this
rule becomes effective, fishermen may be not able to recoup the lost
economic opportunity of foregone trips that would result from delaying
the effectiveness of this action.
For these reasons, the 30-day delay is waived and this rule will
become
[[Page 37478]]
effective on the date of filing in the Federal Register.
Final Regulatory Flexibility Analysis
This final rule includes 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).
Statement of Objective and Need
A description of the reasons why the 2013 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
One comment was received on the proposed rule; however, it did not
address the IRFA or economic analysis and did not result in any changes
to the rule.
Description and Estimate of Number of Small Entities to Which This Rule
Will Apply
The recreational management 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. However, only 355 vessels reported
active participation in the 2012 recreational summer flounder, scup,
and/or black sea bass fisheries, based on Vessel Trip Reports where the
amount of kept summer flounder, scup, or black sea bass is greater than
zero on a reported charter/party trip. The Small Business
Administration (SBA) considers commercial fishing entities (NAICS code
114111) to be small entities if they have no more than $4 million in
annual sales, while the size standard for charter/party operators (part
of NAICS code 487210) is $7 million in sales. Because any vessel at any
time may be issued an open access charter/party summer flounder, scup,
and/or black sea bass permit, it is difficult to determine how many
vessels or owners will participate in this fishery in a given year.
Although some firms own more than one vessel, available data make it
difficult to reliably identify ownership control over more than one
vessel. Thus, all of the entities (fishing vessels) affected by this
action are considered small entities under the SBA size standards for
charter/party fishing businesses ($7.0 million in annual gross sales).
Therefore, there are no disproportionate effects on small versus large
entities.
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
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 summer
flounder, implements less restrictive management measures for scup, and
slightly more restrictive measures for black sea bass in Federal
waters.
Summer flounder alternatives. The alternatives examined by the
Council and forwarded for consideration by NMFS consisted of the non-
preferred alternative of coastwide measures (an 18-inch (45.7-cm)
minimum fish size, a 4-fish per person possession limit, and open
season from May 1 through September 30), and the preferred alternative
of state-by-state conservation equivalency (see Table 2 for measures)
with a precautionary default backstop (status quo). These were
alternatives 1 and 2, respectively, in the Council's SEA/RIR/IRFA.
These two alternatives were determined by the Council to provide a high
probability of constraining recreational landings to levels at or below
the 2013 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 coastwide measures (alternative 1)
and conservation equivalency (alternative 2) are projected to achieve
the conservation objectives for the 2013 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 2013 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 2) to
coastwide measures (alternative 1). The Council analysis concluded, and
[[Page 37479]]
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.
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 2013 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. NMFS is implementing the Council's preferred
measures as the Federal water measures for the 2013 fishing year: A 10-
inch (25.4-cm) minimum fish size; a 30-fish per person possession
limit; and year-round open season. Similar to the summer flounder
discussion, this suite of scup measures (alternative 2) provides the
greatest economic opportunity for small entities from the alternatives
available by providing the maximum fishing opportunity in Federal
waters that also meets the requirements of the Magnuson-Stevens Act,
the FMP, and achieves the conservation objectives for 2013. Alternative
1 for a 10.5-inch (26.7-cm) minimum fish size, 20-fish per person
possession limit, and year-round open season contained measures that
had higher impacts on small entities fishing in Federal waters, as it
contains more restrictive measures than would be necessary to satisfy
the management objectives, and thus this alternative was not
implemented.
Black sea bass alternatives. As previously stated in the preamble,
individual states have developed and implemented measures for use in
state waters. This rule implements the Council's preferred measures
(Alternative 2 in the Council's SEA/RIR/IRFA): A 12.5-inch (31.8-cm)
minimum fish size and a 22-fish possession limit for the May 19-October
14 and November 1-December 31 fishing seasons. This alternative
provides the greatest associated economic opportunities to small
entities of the measures considered for Federal waters that also meets
the statutory and regulatory requirements for the 2013 fishery.
Alternative 1 (a 12.5-inch (31.8-cm) minimum fish size, a 25-fish per
person possession limit, and open season of May 19 through October 14
and November 1 through December 31; and a 12.5-inch (31.8-cm) minimum
fish size, a 15-fish per person possession limit, and an open season of
January 1-February 28), does not satisfy the management objectives of
the FMP, as a reduction in landings as compared to 2012 is necessary,
and thus this alternative was not implemented.
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 17, 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 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 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
[[Page 37480]]
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 (50.8
cm); and possession limit--two fish.
0
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. 2013-14919 Filed 6-20-13; 8:45 am]
BILLING CODE 3510-22-P
