Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Black Sea Bass Fishery; Framework Adjustment 8, 15692-15693 [2015-06797]

Download as PDF 15692 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations Comments and Responses NMFS received one comment on the proposed rule related to analysis in the final supplemental environmental impact statementfrom a Federal agency. That comment is outside the scope of the rule and is addressed in the Record of Decision for Amendment 16. No other comments were received. No changes were made to the final rule based on public comment. Classification The Regional Administrator, Southeast Region, NMFS has determined that this final rule is necessary for the conservation and management of royal red shrimp and is consistent with Amendment 16, the FMP, the Magnuson-Stevens Act, and other applicable law. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Magnuson-Stevens Act provides the statutory basis for this rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, recordkeeping, or other compliance requirements are introduced by this final rule. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this rule would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination was published in the proposed rule and is not repeated here. No comments were received regarding the certification and NMFS has not received any new information that would affect its determination. As a result, a final regulatory flexibility analysis is not required and none was prepared. List of Subjects in 50 CFR Part 622 Accountability measures, Annual catch limits, Fisheries, Fishing, Gulf of Mexico, Royal red shrimp, Shrimp. asabaliauskas on DSK5VPTVN1PROD with RULES Dated: March 18, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: VerDate Sep<11>2014 17:13 Mar 24, 2015 Jkt 235001 § 622.57 [Removed and Reserved] 2. Section 622.57 is removed and reserved. ■ 3. In § 622.58, paragraph (a)(1) is revised to read as follows: ■ § 622.58 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs). (a) * * * (1) Commercial sector. If commercial landings, as estimated by the SRD, exceed the commercial ACL, then during the following fishing year, if commercial landings reach or are projected to reach the commercial ACL, the AA will file a notification with the Office of the Federal Register to close the commercial sector for the remainder of that fishing year. When the commercial sector is closed, royal red shrimp in or from the Gulf EEZ may not be retained, and the sale or purchase of royal red shrimp taken from the Gulf EEZ is prohibited. This prohibition on sale or purchase during a closure for royal red shrimp does not apply to royal red shrimp that were harvested, landed ashore, and sold prior to the effective date of the closure and were held in cold storage by a dealer or processor. The commercial ACL for royal red shrimp is 337,000 lb (152,861 kg), tail weight. * * * * * [FR Doc. 2015–06571 Filed 3–24–15; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 141103917–5223–02] RIN 0648–BE60 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Black Sea Bass Fishery; Framework Adjustment 8 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: For the reasons set out in the preamble, 50 CFR part 622 is amended as follows: ■ Authority: 16 U.S.C. 1801 et seq. NMFS is implementing regulations consistent with Framework Adjustment 8 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. This action allows the black sea bass recreational fishery to SUMMARY: PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 begin on May 15 of each year, instead of May 19, to provide additional fishing opportunities earlier in the year, unless otherwise modified by further rulemaking. DATES: Effective April 24, 2015. ADDRESSES: Copies of the Supplemental Information Report and other supporting documents for this action are available from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. These documents are also accessible via the Internet at: http:// www.greateratlantic.fisheries.noaa.gov. FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, (978) 281–9218. SUPPLEMENTARY INFORMATION: General Background The summer flounder, scup, and black sea bass fisheries are managed cooperatively under the provisions of the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission, in consultation with the New England and South Atlantic Fishery Management Councils. This rule applies to black sea bass (Centropristis striata) in U.S. waters of the Atlantic Ocean from 35 E. 13.3′ N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, North Carolina) northward to the U.S./Canada border. The FMP is managed jointly by the Council and Commission. States manage black sea bass within 3 nautical miles (4.83 km) of their coasts under the Commission’s plan. The applicable Federal regulations govern vessels and individual anglers fishing in Federal waters of the exclusive economic zone (EEZ), as well as vessels possessing a Federal black sea bass charter/party vessel permit, regardless of where they fish. The recreational fishery is essentially managed using four tools: The recreational harvest limit; the open season; minimum fish size; and a recreational angler bag limit. The recreational harvest limit is established based on the specifications formula in the FMP. The open season, minimum fish size, and bag limit are collectively referred to as the ‘‘recreational management measures,’’ which are designed to ensure that the recreational harvest limit is not exceeded. Because of the way we collect recreational fisheries data along the Atlantic coast, recreational fishing years are divided into 2-month waves: Wave 1 (January/ February); Wave 2 (March/April); Wave E:\FR\FM\25MRR1.SGM 25MRR1 Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Rules and Regulations 3 (May/June); Wave 4 (July/August); Wave 5 (September/October); and Wave 6 (November/December). In the last several years, the black sea bass recreational season has opened during Wave 3. Additional background information on the standard recreational management process was provided in the proposed rule for this action (79 FR 78022; December 29, 2014), and is not repeated here. Additional background information on recreational fishing data can be found on the Marine Recreational Information Program’s Web site (http:// www.st.nmfs.noaa.gov/recreationalfisheries). asabaliauskas on DSK5VPTVN1PROD with RULES Final Action This action revises the start date of the black sea bass recreational fishery by four days to begin on May 15 instead of May 19, unless otherwise changed by subsequent rulemaking. In recent years, the black sea bass recreational harvest limit has been achieved or exceeded. Because of this, starting the season on May 15 (i.e., earlier in Wave 3) requires the Council to compensate by shortening the Wave 5 season, when fishing effort is equivalent to Wave 3, by four days, in addition to other potential management changes, to ensure that the recreational harvest limit is not exceeded in 2015. The Council made the necesary recommendations on other management measures, including shortening Wave 5 to accommodate the earlier season opening, at its December 2014 meeting. The Commission is also preparing stateby-state management measures for the 2015 season in order to ensure the recreational harvest limit is not exceeded. Pending submission and review of the Council’s and Commission’s proposed recreational management measures, NMFS will implement further changes to the black sea bass recreational management measures in a subsequent rulemaking later this year. Comments and Responses Two comments were received on the proposed rule. Comment: One commenter stated that the start date for the black sea bass season should not be changed to make the season longer. Response: As described above, the Wave 5 season will be adjusted in a future rulemaking action, as recommended by the Council and Commission, to offset the extra days added to Wave 3, so the fishing season as a whole is not getting longer. Because of the timing of the normal recreational management measures rulemaking, in order have the change effective for VerDate Sep<11>2014 17:13 Mar 24, 2015 Jkt 235001 fishing year 2015, we needed to separate the changes into two rulemakings. Comment: A second commenter simply stated that black sea bass are delicious. Response: NMFS agrees (see FishWatch at http:// www.fishwatch.gov), but this comment is not directly relevant to the action. Changes From the Proposed Rule There are no changes from the proposed measures. 15693 § 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 15 through September 18, and October 18 through December 31, unless this time period is adjusted pursuant to the procedures in § 648.142. [FR Doc. 2015–06797 Filed 3–24–15; 8:45 am] BILLING CODE 3510–22–P Classification The Administrator, Greater Atlantic Region, NMFS, determined that this framework adjustment is necessary for the conservation and management of the black sea bass fishery and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a Final Regulatory Flexibility Analysis was not required and none was prepared. There are no new reporting or recordkeeping requirements contained in any of the alternatives considered for this action. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: March 18, 2015. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is amended as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. Section 648.146 is revised to read as follows: ■ PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 141110950–5227–02] RIN 0648–BE63 Pacific Island Fisheries; Pacific Remote Islands Marine National Monument Expansion National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: In this final rule, NMFS establishes requirements for fishing in the Pacific Remote Islands Marine National Monument Expansion. This final rule implements fishery management measures required by Presidential Proclamation 9173. DATES: This final rule is effective on April 24, 2015. ADDRESSES: You may review Presidential Proclamation 9173 establishing the Pacific Remote Islands Marine National Monument (PRI Monument Expansion), Presidential Proclamation 8336 (establishing the PRI Monument), and the PRI Monument fishing requirements established in Amendment 2 to the Fishery Ecosystem Plan for the Pacific Remote Island Areas published in 2013, at www.regulations.gov. Amendment 2 is also available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808–522–8220, fax 808– 522–8226, or from www.wpcouncil.org. FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR Sustainable Fisheries, tel 808–725–5170. SUPPLEMENTARY INFORMATION: NMFS and the Council manage Pacific Island fisheries through fishery ecosystem plans (FEP) for American Samoa, SUMMARY: E:\FR\FM\25MRR1.SGM 25MRR1

Agencies

[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Rules and Regulations]
[Pages 15692-15693]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06797]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 141103917-5223-02]
RIN 0648-BE60


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Black Sea Bass 
Fishery; Framework Adjustment 8

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS is implementing regulations consistent with Framework 
Adjustment 8 to the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan. This action allows the black sea bass recreational 
fishery to begin on May 15 of each year, instead of May 19, to provide 
additional fishing opportunities earlier in the year, unless otherwise 
modified by further rulemaking.

DATES: Effective April 24, 2015.

ADDRESSES: Copies of the Supplemental Information Report and other 
supporting documents for this action are available from Dr. Christopher 
M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 
Suite 201, 800 N. State Street, Dover, DE 19901. These documents are 
also accessible via the Internet at: http://www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, 
(978) 281-9218.

SUPPLEMENTARY INFORMATION: 

General Background

    The summer flounder, scup, and black sea bass fisheries are managed 
cooperatively under the provisions of the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine 
Fisheries Commission, in consultation with the New England and South 
Atlantic Fishery Management Councils. This rule applies to black sea 
bass (Centropristis striata) in U.S. waters of the Atlantic Ocean from 
35 E. 13.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, 
North Carolina) northward to the U.S./Canada border.
    The FMP is managed jointly by the Council and Commission. States 
manage black sea bass within 3 nautical miles (4.83 km) of their coasts 
under the Commission's plan. The applicable Federal regulations govern 
vessels and individual anglers fishing in Federal waters of the 
exclusive economic zone (EEZ), as well as vessels possessing a Federal 
black sea bass charter/party vessel permit, regardless of where they 
fish. The recreational fishery is essentially managed using four tools: 
The recreational harvest limit; the open season; minimum fish size; and 
a recreational angler bag limit. The recreational harvest limit is 
established based on the specifications formula in the FMP. The open 
season, minimum fish size, and bag limit are collectively referred to 
as the ``recreational management measures,'' which are designed to 
ensure that the recreational harvest limit is not exceeded. Because of 
the way we collect recreational fisheries data along the Atlantic 
coast, recreational fishing years are divided into 2-month waves: Wave 
1 (January/February); Wave 2 (March/April); Wave

[[Page 15693]]

3 (May/June); Wave 4 (July/August); Wave 5 (September/October); and 
Wave 6 (November/December). In the last several years, the black sea 
bass recreational season has opened during Wave 3. Additional 
background information on the standard recreational management process 
was provided in the proposed rule for this action (79 FR 78022; 
December 29, 2014), and is not repeated here. Additional background 
information on recreational fishing data can be found on the Marine 
Recreational Information Program's Web site (http://www.st.nmfs.noaa.gov/recreational-fisheries).

Final Action

    This action revises the start date of the black sea bass 
recreational fishery by four days to begin on May 15 instead of May 19, 
unless otherwise changed by subsequent rulemaking.
    In recent years, the black sea bass recreational harvest limit has 
been achieved or exceeded. Because of this, starting the season on May 
15 (i.e., earlier in Wave 3) requires the Council to compensate by 
shortening the Wave 5 season, when fishing effort is equivalent to Wave 
3, by four days, in addition to other potential management changes, to 
ensure that the recreational harvest limit is not exceeded in 2015. The 
Council made the necesary recommendations on other management measures, 
including shortening Wave 5 to accommodate the earlier season opening, 
at its December 2014 meeting. The Commission is also preparing state-
by-state management measures for the 2015 season in order to ensure the 
recreational harvest limit is not exceeded. Pending submission and 
review of the Council's and Commission's proposed recreational 
management measures, NMFS will implement further changes to the black 
sea bass recreational management measures in a subsequent rulemaking 
later this year.

Comments and Responses

    Two comments were received on the proposed rule.
    Comment: One commenter stated that the start date for the black sea 
bass season should not be changed to make the season longer.
    Response: As described above, the Wave 5 season will be adjusted in 
a future rulemaking action, as recommended by the Council and 
Commission, to offset the extra days added to Wave 3, so the fishing 
season as a whole is not getting longer. Because of the timing of the 
normal recreational management measures rulemaking, in order have the 
change effective for fishing year 2015, we needed to separate the 
changes into two rulemakings.
    Comment: A second commenter simply stated that black sea bass are 
delicious.
    Response: NMFS agrees (see FishWatch at http://www.fishwatch.gov), 
but this comment is not directly relevant to the action.

Changes From the Proposed Rule

    There are no changes from the proposed measures.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
this framework adjustment is necessary for the conservation and 
management of the black sea bass fishery and that it is consistent with 
the Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a Final Regulatory 
Flexibility Analysis was not required and none was prepared.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 18, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. 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 15 through 
September 18, and October 18 through December 31, unless this time 
period is adjusted pursuant to the procedures in Sec.  648.142.

[FR Doc. 2015-06797 Filed 3-24-15; 8:45 am]
 BILLING CODE 3510-22-P