Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2014 Summer Flounder Specifications; 2015 Summer Flounder, Scup, and Black Sea Bass Specifications, 29371-29377 [2014-11665]
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16:57 May 21, 2014
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Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2014
Summer Flounder Specifications; 2015
Summer Flounder, Scup, and Black
Sea Bass Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues final
specifications for the 2014 summer
flounder fishery, and the 2015 summer
flounder, scup, and black sea bass
fisheries. This final rule specifies
allowed harvest limits for both
commercial and recreational fisheries.
This action prohibits federally
permitted commercial fishing vessels
from landing summer flounder in
Delaware in 2014 due to continued
quota repayment from previous years’
overages. These actions are necessary to
comply with regulations implementing
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan, and
to ensure compliance with the
Magnuson-Stevens Fishery
Conservation and Management Act. The
intent of this action is to establish
harvest levels and other management
measures to ensure that these species
are not overfished or subject to
overfishing in 2014 and 2015.
SUMMARY:
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29371
Effective May 22, 2014, through
December 31, 2015.
ADDRESSES: Copies of the specifications
document, consisting of an
Environmental Assessment (EA), Initial
Regulatory Flexibility Analysis (IRFA),
and other supporting documents used
by the Summer Flounder, Scup, and
Black Sea Bass Monitoring Committees
and Scientific and Statistical Committee
(SSC), are available from Dr.
Christopher Moore, Executive Director,
Mid-Atlantic Fishery Management
Council, Suite 201, 800 North State
Street, Dover, DE 19901. The
specifications document is also
accessible via the Internet at https://
www.nero.noaa.gov. The Final
Regulatory Flexibility Analysis (FRFA)
consists of the IRFA, public comments
and responses contained in this final
rule, and the summary of impacts and
alternatives contained in this final rule.
Copies of the small entity compliance
guide are available from John K.
Bullard, Regional Administrator, Greater
Atlantic Region, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930–2298.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
DATES:
Background
The Mid-Atlantic Fishery
Management Council (Council) and the
Atlantic States Marine Fisheries
Commission (Commission)
cooperatively manage the summer
flounder, scup, and black sea bass
fisheries under the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP). Fishery
specifications in these fisheries include
various catch and landing subdivisions,
such as the commercial and recreational
sector annual catch limits (ACLs),
annual catch targets (ACTs), sectorspecific landing limits (i.e., the
commercial fishery quota and
recreational harvest limit (RHL)), and
research set-aside (RSA) established for
the upcoming fishing year. Details of
each subdivision appear later in this
rule.
The FMP and its implementing
regulations establish the Council’s
process for establishing specifications.
All requirements of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), including the 10 national
standards, also apply to specifications.
The management units specified in
the FMP include summer flounder
(Paralichthys dentatus) in U.S. waters of
the Atlantic Ocean from the southern
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations
border of North Carolina northward to
the U.S./Canada border, scup
(Stenotomus chrysops), and black sea
bass (Centropristis striata) in U.S.
waters of the Atlantic Ocean from
35°13.3′ N. lat. (the latitude of Cape
Hatteras Lighthouse, Buxton, NC)
northward to the U.S./Canada border.
Detailed background information
regarding the status of the summer
flounder, scup, and black sea bass
stocks and the development of the 2014
and 2015 specifications for these
fisheries was provided in the proposed
specifications (March 31, 2014; 79 FR
17995). That information is not repeated
here.
2012; 77 FR 76942). This rule modifies
the 2014 summer flounder
specifications based an updated stock
assessment conducted by the NMFS
Northeast Fisheries Science Center
(NEFSC) in July 2013, and establishes
the 2015 summer flounder
specifications. This rule also establishes
the 2015 scup and black sea bass
specifications. This rule makes no
changes to the 2014 scup specifications,
previously established in 2012, and the
2014 black sea bass specifications, last
revised in 2013 (June 21, 2013; 78 FR
37475). This action will establish the
following specifications:
NMFS will establish the 2014
recreational management measures (i.e.,
minimum fish size, possession limits,
and fishing seasons) for summer
flounder, scup, and black sea bass by
publishing proposed and final rules in
the Federal Register at a later date.
2014 and 2015 Specifications
This action specifies the allowed
harvest limits for the commercial and
recreational fisheries for the 2014
summer flounder fishery, and the 2015
summer flounder, scup, and black sea
bass fisheries. Specifications for all
three species for fishing year 2014 were
implemented in 2012 (December 31,
TABLE 1—SUMMARY OF THE PROPOSED 2014–2015 SUMMER FLOUNDER SPECIFICATIONS AND 2015 SCUP AND BLACK
SEA BASS SPECIFICATIONS
Summer flounder
Scup
Black sea
bass
2014
ABC .......................................................
Commercial ACL ...................................
Recreational ACL ..................................
Commercial ACT ...................................
Recreational ACT ..................................
Commercial Quota ................................
RHL .......................................................
2015
2015
2015
21.94
9,950
12.87
5,837
9.07
4,113
12.87
5,837
9.07
4,113
10.51
4,767
7.01
3,179
22.77
10,329
13.34
6,049
9.44
4,280
13.34
6,049
9.44
4,280
10.77
4,870
7.16
3,247
33.77
15,320
26.34
11,950
7.43
3,370
26.34
11,950
7.43
3,370
20.60
9,343
6.60
2,991
5.50
2,494
2.60
1,180
2.90
1,314
2.60
1,180
2.90
1,314
2.17
986
2.26
1,026
million lb ...............................................
mt .........................................................
million lb ...............................................
mt .........................................................
million lb ...............................................
mt .........................................................
million lb ...............................................
mt .........................................................
million lb ...............................................
mt .........................................................
million lb ...............................................
mt .........................................................
million lb ...............................................
mt .........................................................
Note: Commercial Quotas and RHLs include the 3-percent RSA reduction.
Additional detail for each species’
specifications is provided, as follows.
Summer Flounder
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The summer flounder stock was
declared rebuilt in 2011. The new
(2013) stock assessment utilized to
derive specification recommendations
indicates that summer flounder were
not overfished and that overfishing did
not occur in 2012, the most recent year
of available data.
The overfishing limit (OFL) for 2014
was estimated to be 26.76 million lb
(12,138 mt). Based on this information,
the 2014 ABC for summer flounder is
23.94 million lb (9,950 mt). The OFL for
2015 is projected to be 27.06 million lb
(12,275 mt), and the 2015 ABC for
summer flounder is 22.77 million lb
(10,329 mt). Consistent with the
summer flounder regulations, the sum
of the recreational and commercial
sector ACLs is equal to the ABC. ACL
is an expression of total catch (i.e.,
landings and dead discarded fish). To
derive the ACLs, the sum of the sectorspecific estimated discards is removed
from the ABC to derive the landing
allowance. The resulting landing
allowance is apportioned to the
commercial and recreational sectors by
applying the FMP allocation criteria: 60
percent to the commercial fishery and
40 percent to the recreational fishery.
Using this method ensures that each
sector is accountable for its respective
discards, rather than simply
apportioning the ABC by the allocation
percentages to derive the sector ACLs.
Although the derived ACLs are not split
exactly 60/40, the landing portions of
the ACLs preserve the 60/40 allocation
split, consistent with the FMP. This
process results in a commercial ACL of
12.89 million lb (5,837 mt) for 2014, and
13.34 million lb (6,049 mt) for 2015. The
recreational ACLs are 9.07 million lb
(4,113 mt) for 2014 and 9.44 million lb
(4,280 mt) for 2015. The ACTs (both
commercial and recreational) are equal
to their respective ACL for both 2014
and 2015. Removing the estimated
discards and 3 percent of the TAL for
RSA, the commercial summer flounder
quotas are 10.51 million lb (4,767 mt)
for 2014 and 10.74 million lb (4,870 mt)
for 2015. The RHLs are 7.01 million lb
(3,179 mt) for 2014 and 7.16 million lb
(3,247 mt) for 2015.
TABLE 2—SUMMER FLOUNDER SPECIFICATIONS
Year
ABC
2014 (Current) ................
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million lb .........................
mt ...................................
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22.40
10,088
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Commercial
ACL
Recreational
ACL
Comm. ACT
12.05
5,467
10.19
4,621
12.05
5,467
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Rec. ACT
10.19
4,621
22MYR1
Comm. quota
(minus 3%
RSA)
11.39
5,166
RHL
(minus 3%
RSA)
7.60
3,444
Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations
29373
TABLE 2—SUMMER FLOUNDER SPECIFICATIONS—Continued
Year
Commercial
ACL
ABC
2014 (Proposed) .............
2015 (Proposed) .............
million lb .........................
mt ...................................
million lb .........................
mt ...................................
21.94
9,950
22.77
10,329
Recreational
ACL
Comm. ACT
9.07
4,113
9.44
4,280
12.87
5,837
13.34
6,049
12.87
5,837
13.34
6,049
Rec. ACT
Comm. quota
(minus 3%
RSA)
9.07
4,113
9.44
4,280
10.51
4,767
10.77
4,870
RHL
(minus 3%
RSA)
7.01
3,179
7.16
3,247
Note: Commercial Quotas and RHLs include the 3-percent RSA reduction.
Table 3 presents the final allocations
for 2014, by state, with the commercial
portion of the RSA deduction. In
December 2013, NMFS published a
document (78 FR 78786) indicating
what, if any, adjustments would be
required to the state commercial
summer flounder quotas as a result of
commercial sector overages. Those
overages have been applied to the new
specifications for fishing year 2014 as
well, and are presented in Table 3. Any
commercial quota adjustments to
account for overages will be published
prior to the start of the 2015 fishing
year. As described in the document,
consistent with the quota-setting
procedures for the FMP, summer
flounder overages are determined based
upon landings for the period JanuaryOctober 2013, plus any previously
unaccounted for overages. Table 3
summarizes, for each state, the
commercial summer flounder percent
shares as outlined in § 648.102 (c)(1)(i),
the resultant 2014 commercial quotas
(both initial and after deducting the
RSA), the quota overages as described
above, and the final adjusted 2014
commercial quotas, after deducting the
RSA.
TABLE 3—FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2014
2014 Initial quota
State
ME ..........
NH ..........
MA ..........
RI ............
CT ..........
NY ..........
NJ ...........
DE ..........
MD ..........
VA ..........
NC ..........
Total
FMP percent
share
lb
0.04756
0.00046
6.82046
15.68298
2.25708
7.64699
16.72499
0.01779
2.0391
21.31676
27.44584
100
2014 Initial quota, less
RSA
kg
lb
Quota overages
(through 10/31/13)
kg
lb
Adjusted 2014 quota, less
RSA and overages
kg
lb
kg
5,153
50
739,046
1,699,364
244,571
828,606
1,812,273
1,928
220,951
2,309,824
2,973,954
2,338
23
335,226
770,818
110,935
375,850
822,033
874
100,222
1,047,719
1,348,963
4,998
48
716,792
1,648,193
237,206
803,656
1,757,702
1,870
214,298
2,240,271
2,884,403
227
2
32,513
74,761
10,760
36,453
79,728
85
9,720
101,617
130,834
0
0
28,199
0
0
79,355
0
52,384
0
0
0
0
0
12,791
0
0
35,995
0
23,760
0
0
0
4,998
48
688,593
1,648,193
237,206
724,301
1,757,702
0
214,298
2,240,271
2,884,403
2,267
22
312,340
747,608
107,595
328,537
797,280
0
97,204
1,016,170
1,308,343
10,835,720
4,915,000
10,509,436
476,700
155,376
70,476
10,354,060
4,696,523
Notes: 2013 quota overage is determined by comparing landings for January through October 2013, plus any landings in 2012 in excess of
the 2012 quota (that were not previously addressed in the 2013 specifications) for each state. For Delaware, this includes continued repayment
of overharvest from previous years. Total quota is the sum for all states with an allocation. A state with a negative number has a 2014 allocation
of zero (0). Kilograms are as converted from pounds and may not necessarily add due to rounding.
Table 4 presents the initial allocations
of summer flounder for 2015, by state,
with and without the commercial
portion of the RSA deduction. These
state quota allocations for 2015 are
preliminary and are subject to change if
there are overages of states’ quotas
carried over from a previous fishing
year, as well as any adjustments needed
after the 2015 RSA projects are awarded.
The final commercial quota allocations
will be announced in a Federal Register
document prior to the start of the 2015
fishing year.
TABLE 4—2015 PRELIMINARY SUMMER FLOUNDER STATE COMMERCIAL QUOTAS
Initial quota (TAL)
FMP percent
share
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State
ME ..........................................................................................................
NH ..........................................................................................................
MA ..........................................................................................................
RI ...........................................................................................................
CT ..........................................................................................................
NY ..........................................................................................................
NJ ...........................................................................................................
DE ..........................................................................................................
MD .........................................................................................................
VA ..........................................................................................................
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0.04756
0.00046
6.82046
15.68298
2.25708
7.64699
16.72499
0.01779
2.0391
21.31676
Sfmt 4700
lb
5,265
51
754,985
1,736,013
249,845
846,477
1,851,358
1,969
225,716
2,359,640
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kg 2
2,388
23
342,461
787,456
113,330
383,962
839,776
893
102,385
1,070,333
22MYR1
Initial quota (TAL) less
RSA 1
lb
5,106
49
732,280
1,683,805
242,332
821,020
1,795,681
1,910
218,928
2,288,676
kg 2
2,316
22
332,156
763,761
109,920
372,408
814,507
866
99,304
1,038,126
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations
TABLE 4—2015 PRELIMINARY SUMMER FLOUNDER STATE COMMERCIAL QUOTAS—Continued
Initial quota (TAL)
FMP percent
share
State
NC ..........................................................................................................
Total 3
..............................................................................................
100
kg 2
lb
27.44584
Initial quota (TAL) less
RSA 1
kg 2
lb
3,038,093
1,378,079
2,946,726
1,336,612
11,069,410
5,021,085
10,736,512
4,870,000
1 Preliminary
2 Kilograms
3 Rounding
Research Set-Aside amount is 587,100 lb (266 mt).
are as converted from pounds and do not sum to the converted total due to rounding.
of quotas results in totals exceeding 100 percent.
Delaware Summer Flounder Closure
Table 3 shows that, for Delaware, the
amount of overharvest from previous
years is greater than the amount of
commercial quota allocated to Delaware
for 2014. As a result, there is no quota
available for 2014 in Delaware. The
regulations at § 648.4(b) provide that
Federal permit holders, as a condition of
their permit, must not land summer
flounder in any state that the
Administrator, Greater Atlantic Region,
NMFS, has determined no longer has
commercial quota available for harvest.
Therefore, landings of summer flounder
in Delaware by vessels holding
commercial Federal summer flounder
permits are prohibited for the 2014
calendar year, unless additional quota
becomes available through a quota
transfer and is announced in the
Federal Register. Federally permitted
dealers are advised that they may not
purchase summer flounder from
federally permitted vessels that land in
Delaware for the 2014 calendar year,
unless additional quota becomes
available through a transfer, as
mentioned above.
Scup
Using the appropriate control rule and
applying the Council’s risk policy, the
ABC for scup is 33.77 million lb (15,320
mt) for fishing year 2015. The stock
assessment review upon which the
specifications are based indicates that
scup biomass is currently lower than in
recent years. Therefore, the catch limits
are lower than those for fishing year
2014, but are still relatively high
compared to recent landings.
The scup management measures
specify that the ABC is equal to the sum
of the commercial and recreational
sector ACLs. It was recommended that
the ACTs (both commercial and
recreational) should be set equal to the
respective ACLs for fishing year 2015.
Therefore, the 2015 commercial sector
ACL/ACT is 26.35 million lb (11,950
mt) and the 2015 recreational sector
ACL/ACT is 7.43 million lb (3,370 mt).
After 840,990 lb (381 mt) of RSA and
discards (commercial: 5.11 million lb
(2,321 mt); recreational: 630,000 lb (285
mt)) are removed, the 2015 commercial
quota is 20.60 million lb (9,343 mt) and
the 2015 recreational harvest limit is
6.60 million lb (2,991 mt).
TABLE 5—2015 SCUP SPECIFICATIONS
million lb
ABC ..........................
Commercial ACL ......
Recreational ACL .....
Commercial ACT ......
Recreational ACT .....
Commercial Quota ....
RHL ...........................
33.77
26.35
7.43
26.35
7.43
20.60
6.60
mt
15,320
11,950
3,370
11,950
3,370
9,343
2,991
Note: Commercial Quotas and RHLs include the 3-percent RSA reduction.
The scup commercial quota is divided
into three commercial fishery quota
periods. If there is a commercial overage
applicable to the 2015 scup commercial
quota, a document will be published
prior to the start of the 2015 fishing
year. The period quotas, after deducting
for RSA, are detailed in Table 6. Unused
Winter I quota may be carried over for
use in the Winter II period. The Winter
I possession limit will drop to 1,000 lb
(454 kg) upon attainment of 80 percent
of that period’s allocation.
TABLE 6—COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2015 BY QUOTA PERIOD
Initial quota
Quota period
Initial quota less
overages
(through 10/31/2013)
Percent share
lb
mt
lb
Winter I ...............................
Summer ..............................
Winter II ..............................
Total ............................
45.11
38.95
15.94
Adjusted quota less overages
and RSA
lb
mt
mt
9,578,008
8,270,083
3,384,470
N/A ............
N/A ............
N/A ............
N/A ............
N/A ............
N/A ............
9,290,668
8,021,980
3,282,936
4,214
3,639
1,489
21,232,561
100.0
4,345
3,751
1,535
9,631
N/A ............
N/A ............
20,595,585
9,342
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Notes: Metric tons are as converted from pounds and may not necessarily total due to rounding.
N/A = Not applicable.
An increase in the Winter II
commercial scup possession limit from
2,000 lb (907 kg) to 12,000 lb (5,443 kg)
is also being implemented in this action.
Because the commercial fishery has
under-harvested the scup quota in
recent years, this increase in the
possession limit is expected to increase
VerDate Mar<15>2010
16:57 May 21, 2014
Jkt 232001
efficiency in the scup fishery. The quota
period possession limits are shown in
Table 7. The increase in the Winter II
possession limit does not impact the
potential additional increase as a result
of a quota transfer from Winter I. If the
Winter I quota is not fully harvested, the
remaining quota is transferred to Winter
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Sfmt 4700
II. The Winter II possession limit may be
adjusted (in association with a transfer
of unused Winter I quota to the Winter
II period) via notification in the Federal
Register. The regulations specify that
the Winter II possession limit increases
consistent with the increase in the
quota, as described in Table 8.
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations
29375
TABLE 7—COMMERCIAL SCUP POSSESSION LIMITS BY QUOTA PERIOD
Quota period
Percent share
Federal possession limits
(per trip)
lb
Winter I ......................................................................................................................................
Summer .....................................................................................................................................
Winter II .....................................................................................................................................
45.11
38.95
15.94
Total ....................................................................................................................................
100.0
kg
50,000
N/A
12,000
22,680
N/A
5,443
N/A
N/A
TABLE 8—POTENTIAL INCREASE IN 2014 WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF SCUP ROLLED OVER
FROM WINTER I TO WINTER II
Initial Winter II
possession limit
Rollover from Winter I to Winter II
Increase in initial Winter II
possession limit
Final Winter II possession limit after rollover
from Winter I to Winter II
lb
kg
lb
kg
lb
kg
lb
kg
12,000
12,000
12,000
12,000
12,000
5,443
5,443
5,443
5,443
5,443
0–499,999
500,000–999,999
1,000,000–1,499,999
1,500,000–1,999,999
2,000,000–2,500,000
0–226,796
226,796–453,592
453,592–680,388
680,389–907,184
907,185–1,133,981
0
1,500
3,000
4,500
6,000
0
680
1,361
2,041
2,722
12,000
13,500
15,000
16,500
18,000
5,443
6,123
6,804
7,484
8,165
Black Sea Bass
The 2015 black sea bass ABC is 5.50
million lb (2,494 mt), equal to the 2013
and 2014 fishing years’ ABC. The
fishing year 2015 commercial ACL and
ACT are 2.60 million lb (1,180 mt), the
recreational ACL and ACT are 2.90
million lb (1,314 mt), the commercial
quota is 2.17 million lb (986 mt), and
the RHL is 2.26 million lb (1,026 mt).
The quotas include reductions for RSA
(3 percent) and discards.
TABLE 9—BLACK SEA BASS 2015 SPECIFICATIONS
million lb
ABC ..........................................................................................................................................................................
Commercial ACL ......................................................................................................................................................
Recreational ACL .....................................................................................................................................................
Commercial ACT .....................................................................................................................................................
Recreational ACT ....................................................................................................................................................
Commercial Quota ...................................................................................................................................................
RHL ..........................................................................................................................................................................
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Comments and Responses
On March 31, 2014, NMFS published
proposed specifications for public
notice and comment. NMFS received
one letter containing comments on three
issues. The one commenter suggested
that the quotas should be reduced by 50
percent, that exempted fishing permits
(discussed under the RSA sections)
were unnecessary, and that the scup
possession limit should not be
increased.
NMFS disagrees with each of those
statements. The quotas established
through this final rule were based on the
best available science, as recommended
by the Council’s SSC. Thus, NMFS did
not take the suggestion to reduce the
quotas by 50%. The RSA program
continues to provide a mechanism to
fund research and compensate vessel
owners through the sale of fish
harvested under the research quota.
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This program provides valuable
scientific information and fosters
cooperative research throughout the
region. Further, the scup quota has not
been fully harvested in several years
and the Council has concluded that a
Winter II possession limit closer to the
Winter I possession limit of 20,000 lb
would allow the industry to fish more
efficiently. Thus, for this reason, NMFS
did not implement the suggestion that
the scup possession limit should not be
increased.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that this
final rule is necessary for the
conservation and management of the
summer flounder, scup, and black sea
bass fisheries and that it is consistent
with the Magnuson-Stevens Act and
other applicable laws.
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5.50
2.60
2.90
2.60
2.90
2.17
2.26
mt
2,494
1,180
1,314
1,180
1,314
986
1,026
These specifications are exempt from
the procedures of Executive Order
12866.
This final rule does not duplicate,
conflict, or overlap with any existing
Federal rules.
A FRFA was prepared pursuant to 5
U.S.C. 604(a), and incorporates 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. A copy of the EA//IRFA is
available from the Council (see
ADDRESSES).
The preamble to the proposed rule
included a detailed summary of the
analyses contained in the IRFA, and that
discussion is not repeated here.
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this
action is being taken, and the objectives
of and legal basis for this final rule, is
contained in the preambles to the
proposed rule and this final rule and is
not repeated here.
Summary of Significant Issues Raised in
Public Comments
No changes to the proposed rule were
required to be made as a result of public
comments. None of the comments
received raised specific issues regarding
the economic analyses summarized in
the IRFA or the economic impacts of the
rule more generally. For a summary of
the comments received, and the
responses thereto, refer to the
‘‘Comments and Responses’’ section of
this preamble.
Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
The Small Business Administration
defines a small business in the
commercial harvesting sector as a firm
with receipts (gross revenues) of up to
$5.0 and $19.0 million for shellfish and
for finfish business, respectively. A
small business in the recreational
fishery is a firm with receipts of up to
$7.0 million. The categories of small
entities likely to be affected by this
action include commercial and charter/
party vessel owners holding an active
Federal permit for summer flounder,
scup, or black sea bass, as well as
owners of vessels that fish for any of
these species in state waters. The
Council estimates that the 2014–2015
specifications could affect 986 entities
that are small and 6 that are large,
assuming average revenues for the
2010–2013 period. The majority of the
permitted vessels readily fall within the
definition of small business. Estimates
of costs associated with this rule are
discussed further below.
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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
Specification of commercial quotas
and possession limits is constrained by
the conservation objectives set forth in
the FMP and implemented at 50 CFR
part 648 under the authority of the
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16:57 May 21, 2014
Jkt 232001
Magnuson-Stevens Act. Economic
impacts of changes in year-to-year quota
specifications may be offset by
adjustments to such measures as
commercial fish sizes, changes to mesh
sizes, gear restrictions, or possession
and trip limits that may increase
efficiency or value of the fishery. For
2014 and 2015, this final rule
implements one such measure:
Increasing the scup Winter II possession
limit. Therefore, the economic impact
analysis of the action is evaluated on the
different levels of quota specified in the
alternatives and the increase in the
possession limit. While the overall scup
catch limits have been decreasing
slightly, the scup quota has been
significantly under-harvested in recent
years. As a result, the increase in the
scup possession limit is intended to
offset the quota decrease by allowing the
fleet to fish more efficiently. The ability
of NMFS to minimize economic impacts
for this action is constrained to
approving quota levels that provide the
maximum availability of fish while still
ensuring that the required objectives
and directives of the FMP, its
implementing regulations, and the
Magnuson-Stevens Act are met. In
particular, the Council’s SSC has made
recommendations for the 2014–2015
ABC level for all three stocks. NMFS
considers these recommendations to be
consistent with National Standard 2.
Establishing catch levels higher than the
SSC ABC recommendations is not
permitted under the Magnuson-Stevens
Act.
The economic analysis for the 2014–
2015 specifications assessed the impacts
for quota alternatives that achieve the
aforementioned objectives. The Council
analyzed three sets of combined catch
limit alternatives for the 2014–2015
summer flounder, scup, and black sea
bass fisheries, even though the 2014
scup and black sea bass catch limits are
not being considered for modification.
Of these, one alternative, labeled
Alternative 3 for each species, contained
the most restrictive options (i.e., lowest
total landing levels) for each fishery:
Commercial quotas of 9.18 million lb
(4,164 mt) for summer flounder, 10.68
million lb (4,844 mt) for scup, and 1.09
million lb (494 mt) for black sea bass;
and recreational harvest limits of 6.12
million lb (2,776 mt) for summer
flounder, 3.01 million lb (1,365 mt) for
scup, and 1.14 million lb (517 mt) for
black sea bass. The catch limits
associated with Alternative 3 pre-date
the ABC framework, thus the
information for this alternative is
presented in terms of landing levels.
Please see the EA for a detailed
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discussion on this alternative. While the
Alternative 3 measures would achieve
the objectives of the proposed action for
each of three species, they have the
highest potential adverse economic
impacts on small entities in the form of
potential foregone fishing opportunities.
Alternative 3 was not preferred by the
Council because the other alternatives
considered are expected have lower
adverse impacts on small entities while
achieving the stated objectives of
sustaining the summer flounder, scup,
and black sea bass stocks, consistent
with the FMP and Magnuson-Stevens
Act.
Another alternative, Alternative 2
(status quo), would maintain the current
2014 ABC for summer flounder of 22.24
million lb (10,088 mt). Alternative 2
(status quo) would implement the
following ABCs in 2015: Summer
flounder, 22.24 million lb (10,088 mt);
scup, 35.99 million lb (16,325 mt); and
black sea bass, 5.5 million lb (2,494 mt).
This alternative is not consistent with
the goals and objectives of the FMP and
the Magnuson-Stevens Act. The status
quo alternative would result in fishing
limits for the 2014 summer flounder
fishery and for the 2015 summer
flounder and scup fisheries which are
higher than the recommended levels.
This could result in overfishing of the
resources and substantially compromise
the mortality and/or stock rebuilding
objectives for each species, contrary to
laws and regulations.
Likewise, a ‘‘true’’ no action
alternative, wherein no quotas are
adjusted for 2014 or established for
2015, was excluded from analysis
because it is not consistent with the
goals and objectives of the FMP and the
Magnuson-Stevens Act. Implementation
of the no action alternative in 2014 or
2015 would substantially complicate the
approved management programs for
these three species. NMFS is required
under the FMP’s implementing
regulations to implement specifications
for these fisheries on an annual basis,
and for up to 3 years. The no action
alternative would result in no fishing
limits for 2015 and would maintain a
fishing limit for the 2014 summer
flounder fishery which is higher than
the recommended level. This could
result in overfishing of the resources
and substantially compromise the
mortality and/or stock rebuilding
objectives for each species, contrary to
laws and regulations.
Through this final rule, NMFS
implements Alternative 1 (the Council’s
preferred alternative). Under this
alternative, NMFS would implement the
ABCs in 2014 for summer flounder
(21.94 million lb (9,950 mt)). This final
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Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / Rules and Regulations
rule also implements the following
ABCs for 2015: Summer flounder, 22.77
million lb (10,329 mt); scup, 33.77
million lb (15,320 mt); and black sea
bass, 5.5 million lb (2,494 mt). This
alternative consists of the quota levels
that pair the lowest economic impacts to
small entities and meet the required
objectives of the FMP and the
Magnuson-Stevens Act. The respective
specifications contained in this final
rule for all three species were selected
because they satisfy NMFS’ obligation to
implement specifications that are
consistent with the goals, objectives,
and requirements of the FMP, its
implementing regulations, and the
Magnuson-Stevens Act. The F rates
associated with the catch limits for all
three species all have very low
likelihoods of causing overfishing to
occur in 2014 or 2015.
The revenue decreases associated
with allocating a portion of available
catch to the RSA program are expected
to be minimal (approximately between
$300 and $1,000 per vessel), and are
expected to yield important benefits
associated with improved fisheries data.
It should also be noted that fish
harvested under the RSA program can
be sold, and the profits used to offset the
costs of research. As such, total gross
revenues to the industry are not
expected to decrease substantially, if at
all, as a result of this final rule
authorizing RSA for 2014 and 2015.
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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 small entity
compliance guide will be sent to all
holders of Federal permits issued for the
summer flounder, scup, and black sea
bass fisheries. In addition, copies of this
final rule and guide (i.e., permit holder
letter) are available from NMFS (see
ADDRESSES) and at the following Web
site: https://www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
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16:57 May 21, 2014
Jkt 232001
Dated: May 15, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014–11665 Filed 5–21–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
RIN 0648–BD57
[Docket No. 130802674–4422–02]
Fisheries Off West Coast States;
Highly Migratory Fisheries; California
Drift Gillnet Fishery; Sperm Whale
Interaction Restrictions
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
Pursuant to its emergency
authority, NMFS renews an emergency
action that implemented, among other
measures, mandatory monitoring (VMS)
and observer requirements (pre-trip
notification and a 100% deep water
closure zone unless a NMFS-certified
observer was on board) in the California
thresher shark/swordfish drift gillnet
(mesh size ≥14 inches) (DGN) fishery
during the August 15, 2013 to January
31, 2014 fishing season, and would have
immediately shut down the fishery for
the calendar year in the event of a sperm
whale interaction in the DGN fishery.
This renewing action is necessary to
ensure that the conservation measures
continue to provide protection for
sperm whales until permanent measures
are in place. Specifically, per
recommendations of the Pacific
Offshore Cetacean Take Reduction
Team, NMFS is currently developing a
rule under authority of the Marine
Mammal Protection Act (MMPA) in
order to adequately monitor the DGN
fishery and reduce the risk of sperm
whale interactions.
DATES: This rule is effective from May
22, 2014, through August 5, 2014.
Comments must be received on or
before June 23, 2014.
ADDRESSES: Requests for copies of
documents supporting the temporary
rule may be obtained from the West
Coast Regional Office, NMFS, 501 W.
Ocean Blvd., Ste. 4200, Long Beach, CA
90802.
SUMMARY:
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29377
You may submit comments on the
temporary rule, identified by NOAA–
NMFS–2013–0131, 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-20130131, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Fax: 562–980–4047; Attention:
Craig Heberer.
• Mail: Craig Heberer, Southwest
Regional Office, NMFS, 501 W. Ocean
Blvd., Ste. 4200, Long Beach, CA 90802.
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.
Requests for copies of documents
supporting this rule may be obtained
from the West Coast Regional Office,
NMFS, 501 W. Ocean Blvd., Ste. 4200,
Long Beach, CA 90802
FOR FURTHER INFORMATION CONTACT:
Craig Heberer, telephone: 706–431–9440
(#303), fax: 562–980–4047, email:
craig.heberer@noaa.gov.
SUPPLEMENTARY INFORMATION: The DGN
fishery is managed under the Federal
Fishery Management Plan for U.S. West
Coast Fisheries for Highly Migratory
Species (HMS FMP). The HMS FMP was
prepared by the Pacific Fishery
Management Council (Council) and is
implemented under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(MSA) by regulations at 50 CFR part
660.
Background
On September 4, 2013, NMFS
published in the Federal Register a
temporary rule (78 FR 54548) for
emergency action to modify the
California swordfish/thresher shark
DGN fishery for the 2013–2014 fishing
season under authority of section
305(c)(1) of the MSA. The purpose of
E:\FR\FM\22MYR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Rules and Regulations]
[Pages 29371-29377]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11665]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140117052-4402-02]
RIN 0648-XD094
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2014 Summer Flounder
Specifications; 2015 Summer Flounder, Scup, and Black Sea Bass
Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final specifications for the 2014 summer flounder
fishery, and the 2015 summer flounder, scup, and black sea bass
fisheries. This final rule specifies allowed harvest limits for both
commercial and recreational fisheries. This action prohibits federally
permitted commercial fishing vessels from landing summer flounder in
Delaware in 2014 due to continued quota repayment from previous years'
overages. These actions are necessary to comply with regulations
implementing the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan, and to ensure compliance with the Magnuson-Stevens
Fishery Conservation and Management Act. The intent of this action is
to establish harvest levels and other management measures to ensure
that these species are not overfished or subject to overfishing in 2014
and 2015.
DATES: Effective May 22, 2014, through December 31, 2015.
ADDRESSES: Copies of the specifications document, consisting of an
Environmental Assessment (EA), Initial Regulatory Flexibility Analysis
(IRFA), and other supporting documents used by the Summer Flounder,
Scup, and Black Sea Bass Monitoring Committees and Scientific and
Statistical Committee (SSC), are available from Dr. Christopher Moore,
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901. The specifications document is
also accessible via the Internet at https://www.nero.noaa.gov. The Final
Regulatory Flexibility Analysis (FRFA) consists of the IRFA, public
comments and responses contained in this final rule, and the summary of
impacts and alternatives contained in this final rule. Copies of the
small entity compliance guide are available from John K. Bullard,
Regional Administrator, Greater Atlantic Region, National Marine
Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930-2298.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) cooperatively
manage the summer flounder, scup, and black sea bass fisheries under
the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
(FMP). Fishery specifications in these fisheries include various catch
and landing subdivisions, such as the commercial and recreational
sector annual catch limits (ACLs), annual catch targets (ACTs), sector-
specific landing limits (i.e., the commercial fishery quota and
recreational harvest limit (RHL)), and research set-aside (RSA)
established for the upcoming fishing year. Details of each subdivision
appear later in this rule.
The FMP and its implementing regulations establish the Council's
process for establishing specifications. All requirements of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), including the 10 national standards, also apply to
specifications.
The management units specified in the FMP include summer flounder
(Paralichthys dentatus) in U.S. waters of the Atlantic Ocean from the
southern
[[Page 29372]]
border of North Carolina northward to the U.S./Canada border, scup
(Stenotomus chrysops), and black sea bass (Centropristis striata) in
U.S. waters of the Atlantic Ocean from 35[deg]13.3' N. lat. (the
latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the
U.S./Canada border. Detailed background information regarding the
status of the summer flounder, scup, and black sea bass stocks and the
development of the 2014 and 2015 specifications for these fisheries was
provided in the proposed specifications (March 31, 2014; 79 FR 17995).
That information is not repeated here.
NMFS will establish the 2014 recreational management measures
(i.e., minimum fish size, possession limits, and fishing seasons) for
summer flounder, scup, and black sea bass by publishing proposed and
final rules in the Federal Register at a later date.
2014 and 2015 Specifications
This action specifies the allowed harvest limits for the commercial
and recreational fisheries for the 2014 summer flounder fishery, and
the 2015 summer flounder, scup, and black sea bass fisheries.
Specifications for all three species for fishing year 2014 were
implemented in 2012 (December 31, 2012; 77 FR 76942). This rule
modifies the 2014 summer flounder specifications based an updated stock
assessment conducted by the NMFS Northeast Fisheries Science Center
(NEFSC) in July 2013, and establishes the 2015 summer flounder
specifications. This rule also establishes the 2015 scup and black sea
bass specifications. This rule makes no changes to the 2014 scup
specifications, previously established in 2012, and the 2014 black sea
bass specifications, last revised in 2013 (June 21, 2013; 78 FR 37475).
This action will establish the following specifications:
Table 1--Summary of the Proposed 2014-2015 Summer Flounder Specifications and 2015 Scup and Black Sea Bass
Specifications
----------------------------------------------------------------------------------------------------------------
Summer flounder Scup Black sea
------------------------------------------ bass
-------------
2014 2015 2015 2015
----------------------------------------------------------------------------------------------------------------
ABC............................... million lb.......... 21.94 22.77 33.77 5.50
mt.................. 9,950 10,329 15,320 2,494
Commercial ACL.................... million lb.......... 12.87 13.34 26.34 2.60
mt.................. 5,837 6,049 11,950 1,180
Recreational ACL.................. million lb.......... 9.07 9.44 7.43 2.90
mt.................. 4,113 4,280 3,370 1,314
Commercial ACT.................... million lb.......... 12.87 13.34 26.34 2.60
mt.................. 5,837 6,049 11,950 1,180
Recreational ACT.................. million lb.......... 9.07 9.44 7.43 2.90
mt.................. 4,113 4,280 3,370 1,314
Commercial Quota.................. million lb.......... 10.51 10.77 20.60 2.17
mt.................. 4,767 4,870 9,343 986
RHL............................... million lb.......... 7.01 7.16 6.60 2.26
mt.................. 3,179 3,247 2,991 1,026
----------------------------------------------------------------------------------------------------------------
Note: Commercial Quotas and RHLs include the 3-percent RSA reduction.
Additional detail for each species' specifications is provided, as
follows.
Summer Flounder
The summer flounder stock was declared rebuilt in 2011. The new
(2013) stock assessment utilized to derive specification
recommendations indicates that summer flounder were not overfished and
that overfishing did not occur in 2012, the most recent year of
available data.
The overfishing limit (OFL) for 2014 was estimated to be 26.76
million lb (12,138 mt). Based on this information, the 2014 ABC for
summer flounder is 23.94 million lb (9,950 mt). The OFL for 2015 is
projected to be 27.06 million lb (12,275 mt), and the 2015 ABC for
summer flounder is 22.77 million lb (10,329 mt). Consistent with the
summer flounder regulations, the sum of the recreational and commercial
sector ACLs is equal to the ABC. ACL is an expression of total catch
(i.e., landings and dead discarded fish). To derive the ACLs, the sum
of the sector-specific estimated discards is removed from the ABC to
derive the landing allowance. The resulting landing allowance is
apportioned to the commercial and recreational sectors by applying the
FMP allocation criteria: 60 percent to the commercial fishery and 40
percent to the recreational fishery. Using this method ensures that
each sector is accountable for its respective discards, rather than
simply apportioning the ABC by the allocation percentages to derive the
sector ACLs. Although the derived ACLs are not split exactly 60/40, the
landing portions of the ACLs preserve the 60/40 allocation split,
consistent with the FMP. This process results in a commercial ACL of
12.89 million lb (5,837 mt) for 2014, and 13.34 million lb (6,049 mt)
for 2015. The recreational ACLs are 9.07 million lb (4,113 mt) for 2014
and 9.44 million lb (4,280 mt) for 2015. The ACTs (both commercial and
recreational) are equal to their respective ACL for both 2014 and 2015.
Removing the estimated discards and 3 percent of the TAL for RSA, the
commercial summer flounder quotas are 10.51 million lb (4,767 mt) for
2014 and 10.74 million lb (4,870 mt) for 2015. The RHLs are 7.01
million lb (3,179 mt) for 2014 and 7.16 million lb (3,247 mt) for 2015.
Table 2--Summer Flounder Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Comm. quota
Year ABC Commercial Recreational Comm. ACT Rec. ACT (minus 3% RHL (minus
ACL ACL RSA) 3% RSA)
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 (Current)................... million lb......... 22.40 12.05 10.19 12.05 10.19 11.39 7.60
mt................. 10,088 5,467 4,621 5,467 4,621 5,166 3,444
[[Page 29373]]
2014 (Proposed).................. million lb......... 21.94 12.87 9.07 12.87 9.07 10.51 7.01
mt................. 9,950 5,837 4,113 5,837 4,113 4,767 3,179
2015 (Proposed).................. million lb......... 22.77 13.34 9.44 13.34 9.44 10.77 7.16
mt................. 10,329 6,049 4,280 6,049 4,280 4,870 3,247
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Commercial Quotas and RHLs include the 3-percent RSA reduction.
Table 3 presents the final allocations for 2014, by state, with the
commercial portion of the RSA deduction. In December 2013, NMFS
published a document (78 FR 78786) indicating what, if any, adjustments
would be required to the state commercial summer flounder quotas as a
result of commercial sector overages. Those overages have been applied
to the new specifications for fishing year 2014 as well, and are
presented in Table 3. Any commercial quota adjustments to account for
overages will be published prior to the start of the 2015 fishing year.
As described in the document, consistent with the quota-setting
procedures for the FMP, summer flounder overages are determined based
upon landings for the period January-October 2013, plus any previously
unaccounted for overages. Table 3 summarizes, for each state, the
commercial summer flounder percent shares as outlined in Sec. 648.102
(c)(1)(i), the resultant 2014 commercial quotas (both initial and after
deducting the RSA), the quota overages as described above, and the
final adjusted 2014 commercial quotas, after deducting the RSA.
Table 3--Final State-by-State Commercial Summer Flounder Allocations for 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
2014 Initial quota 2014 Initial quota, less Quota overages (through Adjusted 2014 quota,
FMP percent -------------------------- RSA 10/31/13) less RSA and overages
State share -----------------------------------------------------------------------------
lb kg lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME................................ 0.04756 5,153 2,338 4,998 227 0 0 4,998 2,267
NH................................ 0.00046 50 23 48 2 0 0 48 22
MA................................ 6.82046 739,046 335,226 716,792 32,513 28,199 12,791 688,593 312,340
RI................................ 15.68298 1,699,364 770,818 1,648,193 74,761 0 0 1,648,193 747,608
CT................................ 2.25708 244,571 110,935 237,206 10,760 0 0 237,206 107,595
NY................................ 7.64699 828,606 375,850 803,656 36,453 79,355 35,995 724,301 328,537
NJ................................ 16.72499 1,812,273 822,033 1,757,702 79,728 0 0 1,757,702 797,280
DE................................ 0.01779 1,928 874 1,870 85 52,384 23,760 0 0
MD................................ 2.0391 220,951 100,222 214,298 9,720 0 0 214,298 97,204
VA................................ 21.31676 2,309,824 1,047,719 2,240,271 101,617 0 0 2,240,271 1,016,170
NC................................ 27.44584 2,973,954 1,348,963 2,884,403 130,834 0 0 2,884,403 1,308,343
---------------------------------------------------------------------------------------------------------------------
Total......................... 100 10,835,720 4,915,000 10,509,436 476,700 155,376 70,476 10,354,060 4,696,523
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: 2013 quota overage is determined by comparing landings for January through October 2013, plus any landings in 2012 in excess of the 2012 quota
(that were not previously addressed in the 2013 specifications) for each state. For Delaware, this includes continued repayment of overharvest from
previous years. Total quota is the sum for all states with an allocation. A state with a negative number has a 2014 allocation of zero (0). Kilograms
are as converted from pounds and may not necessarily add due to rounding.
Table 4 presents the initial allocations of summer flounder for
2015, by state, with and without the commercial portion of the RSA
deduction. These state quota allocations for 2015 are preliminary and
are subject to change if there are overages of states' quotas carried
over from a previous fishing year, as well as any adjustments needed
after the 2015 RSA projects are awarded. The final commercial quota
allocations will be announced in a Federal Register document prior to
the start of the 2015 fishing year.
Table 4--2015 Preliminary Summer Flounder State Commercial Quotas
----------------------------------------------------------------------------------------------------------------
Initial quota (TAL) Initial quota (TAL) less
FMP percent -------------------------- RSA \1\
State share -------------------------
lb kg \2\ lb kg \2\
----------------------------------------------------------------------------------------------------------------
ME............................................ 0.04756 5,265 2,388 5,106 2,316
NH............................................ 0.00046 51 23 49 22
MA............................................ 6.82046 754,985 342,461 732,280 332,156
RI............................................ 15.68298 1,736,013 787,456 1,683,805 763,761
CT............................................ 2.25708 249,845 113,330 242,332 109,920
NY............................................ 7.64699 846,477 383,962 821,020 372,408
NJ............................................ 16.72499 1,851,358 839,776 1,795,681 814,507
DE............................................ 0.01779 1,969 893 1,910 866
MD............................................ 2.0391 225,716 102,385 218,928 99,304
VA............................................ 21.31676 2,359,640 1,070,333 2,288,676 1,038,126
[[Page 29374]]
NC............................................ 27.44584 3,038,093 1,378,079 2,946,726 1,336,612
-----------------------------------------------------------------
Total \3\................................. 100 11,069,410 5,021,085 10,736,512 4,870,000
----------------------------------------------------------------------------------------------------------------
\1\ Preliminary Research Set-Aside amount is 587,100 lb (266 mt).
\2\ Kilograms are as converted from pounds and do not sum to the converted total due to rounding.
\3\ Rounding of quotas results in totals exceeding 100 percent.
Delaware Summer Flounder Closure
Table 3 shows that, for Delaware, the amount of overharvest from
previous years is greater than the amount of commercial quota allocated
to Delaware for 2014. As a result, there is no quota available for 2014
in Delaware. The regulations at Sec. 648.4(b) provide that Federal
permit holders, as a condition of their permit, must not land summer
flounder in any state that the Administrator, Greater Atlantic Region,
NMFS, has determined no longer has commercial quota available for
harvest. Therefore, landings of summer flounder in Delaware by vessels
holding commercial Federal summer flounder permits are prohibited for
the 2014 calendar year, unless additional quota becomes available
through a quota transfer and is announced in the Federal Register.
Federally permitted dealers are advised that they may not purchase
summer flounder from federally permitted vessels that land in Delaware
for the 2014 calendar year, unless additional quota becomes available
through a transfer, as mentioned above.
Scup
Using the appropriate control rule and applying the Council's risk
policy, the ABC for scup is 33.77 million lb (15,320 mt) for fishing
year 2015. The stock assessment review upon which the specifications
are based indicates that scup biomass is currently lower than in recent
years. Therefore, the catch limits are lower than those for fishing
year 2014, but are still relatively high compared to recent landings.
The scup management measures specify that the ABC is equal to the
sum of the commercial and recreational sector ACLs. It was recommended
that the ACTs (both commercial and recreational) should be set equal to
the respective ACLs for fishing year 2015. Therefore, the 2015
commercial sector ACL/ACT is 26.35 million lb (11,950 mt) and the 2015
recreational sector ACL/ACT is 7.43 million lb (3,370 mt). After
840,990 lb (381 mt) of RSA and discards (commercial: 5.11 million lb
(2,321 mt); recreational: 630,000 lb (285 mt)) are removed, the 2015
commercial quota is 20.60 million lb (9,343 mt) and the 2015
recreational harvest limit is 6.60 million lb (2,991 mt).
Table 5--2015 Scup Specifications
------------------------------------------------------------------------
million lb mt
------------------------------------------------------------------------
ABC............................................... 33.77 15,320
Commercial ACL.................................... 26.35 11,950
Recreational ACL.................................. 7.43 3,370
Commercial ACT.................................... 26.35 11,950
Recreational ACT.................................. 7.43 3,370
Commercial Quota.................................. 20.60 9,343
RHL............................................... 6.60 2,991
------------------------------------------------------------------------
Note: Commercial Quotas and RHLs include the 3-percent RSA reduction.
The scup commercial quota is divided into three commercial fishery
quota periods. If there is a commercial overage applicable to the 2015
scup commercial quota, a document will be published prior to the start
of the 2015 fishing year. The period quotas, after deducting for RSA,
are detailed in Table 6. Unused Winter I quota may be carried over for
use in the Winter II period. The Winter I possession limit will drop to
1,000 lb (454 kg) upon attainment of 80 percent of that period's
allocation.
Table 6--Commercial Scup Quota Allocations for 2015 by Quota Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial quota Initial quota less overages (through Adjusted quota less overages
-------------------------------- 10/31/2013) and RSA
Quota period Percent share -----------------------------------------------------------------------
lb mt lb mt lb mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I........................ 45.11 9,578,008 4,345 N/A............... N/A............... 9,290,668 4,214
Summer.......................... 38.95 8,270,083 3,751 N/A............... N/A............... 8,021,980 3,639
Winter II....................... 15.94 3,384,470 1,535 N/A............... N/A............... 3,282,936 1,489
-----------------------------------------------------------------------------------------------------------------------
Total....................... 100.0 21,232,561 9,631 N/A............... N/A............... 20,595,585 9,342
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Metric tons are as converted from pounds and may not necessarily total due to rounding.
N/A = Not applicable.
An increase in the Winter II commercial scup possession limit from
2,000 lb (907 kg) to 12,000 lb (5,443 kg) is also being implemented in
this action. Because the commercial fishery has under-harvested the
scup quota in recent years, this increase in the possession limit is
expected to increase efficiency in the scup fishery. The quota period
possession limits are shown in Table 7. The increase in the Winter II
possession limit does not impact the potential additional increase as a
result of a quota transfer from Winter I. If the Winter I quota is not
fully harvested, the remaining quota is transferred to Winter II. The
Winter II possession limit may be adjusted (in association with a
transfer of unused Winter I quota to the Winter II period) via
notification in the Federal Register. The regulations specify that the
Winter II possession limit increases consistent with the increase in
the quota, as described in Table 8.
[[Page 29375]]
Table 7--Commercial Scup Possession Limits by Quota Period
----------------------------------------------------------------------------------------------------------------
Federal possession limits (per
trip)
Quota period Percent share -------------------------------
lb kg
----------------------------------------------------------------------------------------------------------------
Winter I........................................................ 45.11 50,000 22,680
Summer.......................................................... 38.95 N/A N/A
Winter II....................................................... 15.94 12,000 5,443
-----------------------------------------------
Total....................................................... 100.0 N/A N/A
----------------------------------------------------------------------------------------------------------------
Table 8--Potential Increase in 2014 Winter II Possession Limits Based on the Amount of Scup Rolled Over From
Winter I to Winter II
----------------------------------------------------------------------------------------------------------------
Initial Winter II Rollover from Winter I to Winter II Increase in initial Final Winter II
possession limit ------------------------------------------ Winter II possession possession limit after
----------------------- limit rollover from Winter I
------------------------ to Winter II
lb kg lb kg -----------------------
lb kg lb kg
----------------------------------------------------------------------------------------------------------------
12,000 5,443 0-499,999 0-226,796 0 0 12,000 5,443
12,000 5,443 500,000-999,999 226,796-453,592 1,500 680 13,500 6,123
12,000 5,443 1,000,000-1,499,999 453,592-680,388 3,000 1,361 15,000 6,804
12,000 5,443 1,500,000-1,999,999 680,389-907,184 4,500 2,041 16,500 7,484
12,000 5,443 2,000,000-2,500,000 907,185-1,133,981 6,000 2,722 18,000 8,165
----------------------------------------------------------------------------------------------------------------
Black Sea Bass
The 2015 black sea bass ABC is 5.50 million lb (2,494 mt), equal to
the 2013 and 2014 fishing years' ABC. The fishing year 2015 commercial
ACL and ACT are 2.60 million lb (1,180 mt), the recreational ACL and
ACT are 2.90 million lb (1,314 mt), the commercial quota is 2.17
million lb (986 mt), and the RHL is 2.26 million lb (1,026 mt). The
quotas include reductions for RSA (3 percent) and discards.
Table 9--Black Sea Bass 2015 Specifications
------------------------------------------------------------------------
million lb mt
------------------------------------------------------------------------
ABC..................................... 5.50 2,494
Commercial ACL.......................... 2.60 1,180
Recreational ACL........................ 2.90 1,314
Commercial ACT.......................... 2.60 1,180
Recreational ACT........................ 2.90 1,314
Commercial Quota........................ 2.17 986
RHL..................................... 2.26 1,026
------------------------------------------------------------------------
Comments and Responses
On March 31, 2014, NMFS published proposed specifications for
public notice and comment. NMFS received one letter containing comments
on three issues. The one commenter suggested that the quotas should be
reduced by 50 percent, that exempted fishing permits (discussed under
the RSA sections) were unnecessary, and that the scup possession limit
should not be increased.
NMFS disagrees with each of those statements. The quotas
established through this final rule were based on the best available
science, as recommended by the Council's SSC. Thus, NMFS did not take
the suggestion to reduce the quotas by 50%. The RSA program continues
to provide a mechanism to fund research and compensate vessel owners
through the sale of fish harvested under the research quota. This
program provides valuable scientific information and fosters
cooperative research throughout the region. Further, the scup quota has
not been fully harvested in several years and the Council has concluded
that a Winter II possession limit closer to the Winter I possession
limit of 20,000 lb would allow the industry to fish more efficiently.
Thus, for this reason, NMFS did not implement the suggestion that the
scup possession limit should not be increased.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
this final rule is necessary for the conservation and management of the
summer flounder, scup, and black sea bass fisheries and that it is
consistent with the Magnuson-Stevens Act and other applicable laws.
These specifications are exempt from the procedures of Executive
Order 12866.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
A FRFA was prepared pursuant to 5 U.S.C. 604(a), and incorporates
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. A copy
of the EA//IRFA is available from the Council (see ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
[[Page 29376]]
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for this final rule, is contained in
the preambles to the proposed rule and this final rule and is not
repeated here.
Summary of Significant Issues Raised in Public Comments
No changes to the proposed rule were required to be made as a
result of public comments. None of the comments received raised
specific issues regarding the economic analyses summarized in the IRFA
or the economic impacts of the rule more generally. For a summary of
the comments received, and the responses thereto, refer to the
``Comments and Responses'' section of this preamble.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
The Small Business Administration defines a small business in the
commercial harvesting sector as a firm with receipts (gross revenues)
of up to $5.0 and $19.0 million for shellfish and for finfish business,
respectively. A small business in the recreational fishery is a firm
with receipts of up to $7.0 million. The categories of small entities
likely to be affected by this action include commercial and charter/
party vessel owners holding an active Federal permit for summer
flounder, scup, or black sea bass, as well as owners of vessels that
fish for any of these species in state waters. The Council estimates
that the 2014-2015 specifications could affect 986 entities that are
small and 6 that are large, assuming average revenues for the 2010-2013
period. The majority of the permitted vessels readily fall within the
definition of small business. Estimates of costs associated with this
rule are discussed further below.
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
Specification of commercial quotas and possession limits is
constrained by the conservation objectives set forth in the FMP and
implemented at 50 CFR part 648 under the authority of the Magnuson-
Stevens Act. Economic impacts of changes in year-to-year quota
specifications may be offset by adjustments to such measures as
commercial fish sizes, changes to mesh sizes, gear restrictions, or
possession and trip limits that may increase efficiency or value of the
fishery. For 2014 and 2015, this final rule implements one such
measure: Increasing the scup Winter II possession limit. Therefore, the
economic impact analysis of the action is evaluated on the different
levels of quota specified in the alternatives and the increase in the
possession limit. While the overall scup catch limits have been
decreasing slightly, the scup quota has been significantly under-
harvested in recent years. As a result, the increase in the scup
possession limit is intended to offset the quota decrease by allowing
the fleet to fish more efficiently. The ability of NMFS to minimize
economic impacts for this action is constrained to approving quota
levels that provide the maximum availability of fish while still
ensuring that the required objectives and directives of the FMP, its
implementing regulations, and the Magnuson-Stevens Act are met. In
particular, the Council's SSC has made recommendations for the 2014-
2015 ABC level for all three stocks. NMFS considers these
recommendations to be consistent with National Standard 2. Establishing
catch levels higher than the SSC ABC recommendations is not permitted
under the Magnuson-Stevens Act.
The economic analysis for the 2014-2015 specifications assessed the
impacts for quota alternatives that achieve the aforementioned
objectives. The Council analyzed three sets of combined catch limit
alternatives for the 2014-2015 summer flounder, scup, and black sea
bass fisheries, even though the 2014 scup and black sea bass catch
limits are not being considered for modification. Of these, one
alternative, labeled Alternative 3 for each species, contained the most
restrictive options (i.e., lowest total landing levels) for each
fishery: Commercial quotas of 9.18 million lb (4,164 mt) for summer
flounder, 10.68 million lb (4,844 mt) for scup, and 1.09 million lb
(494 mt) for black sea bass; and recreational harvest limits of 6.12
million lb (2,776 mt) for summer flounder, 3.01 million lb (1,365 mt)
for scup, and 1.14 million lb (517 mt) for black sea bass. The catch
limits associated with Alternative 3 pre-date the ABC framework, thus
the information for this alternative is presented in terms of landing
levels. Please see the EA for a detailed discussion on this
alternative. While the Alternative 3 measures would achieve the
objectives of the proposed action for each of three species, they have
the highest potential adverse economic impacts on small entities in the
form of potential foregone fishing opportunities. Alternative 3 was not
preferred by the Council because the other alternatives considered are
expected have lower adverse impacts on small entities while achieving
the stated objectives of sustaining the summer flounder, scup, and
black sea bass stocks, consistent with the FMP and Magnuson-Stevens
Act.
Another alternative, Alternative 2 (status quo), would maintain the
current 2014 ABC for summer flounder of 22.24 million lb (10,088 mt).
Alternative 2 (status quo) would implement the following ABCs in 2015:
Summer flounder, 22.24 million lb (10,088 mt); scup, 35.99 million lb
(16,325 mt); and black sea bass, 5.5 million lb (2,494 mt). This
alternative is not consistent with the goals and objectives of the FMP
and the Magnuson-Stevens Act. The status quo alternative would result
in fishing limits for the 2014 summer flounder fishery and for the 2015
summer flounder and scup fisheries which are higher than the
recommended levels. This could result in overfishing of the resources
and substantially compromise the mortality and/or stock rebuilding
objectives for each species, contrary to laws and regulations.
Likewise, a ``true'' no action alternative, wherein no quotas are
adjusted for 2014 or established for 2015, was excluded from analysis
because it is not consistent with the goals and objectives of the FMP
and the Magnuson-Stevens Act. Implementation of the no action
alternative in 2014 or 2015 would substantially complicate the approved
management programs for these three species. NMFS is required under the
FMP's implementing regulations to implement specifications for these
fisheries on an annual basis, and for up to 3 years. The no action
alternative would result in no fishing limits for 2015 and would
maintain a fishing limit for the 2014 summer flounder fishery which is
higher than the recommended level. This could result in overfishing of
the resources and substantially compromise the mortality and/or stock
rebuilding objectives for each species, contrary to laws and
regulations.
Through this final rule, NMFS implements Alternative 1 (the
Council's preferred alternative). Under this alternative, NMFS would
implement the ABCs in 2014 for summer flounder (21.94 million lb (9,950
mt)). This final
[[Page 29377]]
rule also implements the following ABCs for 2015: Summer flounder,
22.77 million lb (10,329 mt); scup, 33.77 million lb (15,320 mt); and
black sea bass, 5.5 million lb (2,494 mt). This alternative consists of
the quota levels that pair the lowest economic impacts to small
entities and meet the required objectives of the FMP and the Magnuson-
Stevens Act. The respective specifications contained in this final rule
for all three species were selected because they satisfy NMFS'
obligation to implement specifications that are consistent with the
goals, objectives, and requirements of the FMP, its implementing
regulations, and the Magnuson-Stevens Act. The F rates associated with
the catch limits for all three species all have very low likelihoods of
causing overfishing to occur in 2014 or 2015.
The revenue decreases associated with allocating a portion of
available catch to the RSA program are expected to be minimal
(approximately between $300 and $1,000 per vessel), and are expected to
yield important benefits associated with improved fisheries data. It
should also be noted that fish harvested under the RSA program can be
sold, and the profits used to offset the costs of research. As such,
total gross revenues to the industry are not expected to decrease
substantially, if at all, as a result of this final rule authorizing
RSA for 2014 and 2015.
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 small entity compliance guide will be sent
to all holders of Federal permits issued for the summer flounder, scup,
and black sea bass fisheries. In addition, copies of this final rule
and guide (i.e., permit holder letter) are available from NMFS (see
ADDRESSES) and at the following Web site: https://www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 15, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-11665 Filed 5-21-14; 8:45 am]
BILLING CODE 3510-22-P
