Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2016-2018 Summer Flounder, Scup, and Black Sea Bass Specifications, 80689-80695 [2015-32562]
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
snapper-grouper are on board a vessel in
fillet form when harvested lawfully in
Bahamian waters, two fillets of snappergrouper, regardless of the length of each
fillet, is equivalent to one snappergrouper. The skin must remain intact on
the entire fillet of any snapper-grouper
carcass.
*
*
*
*
*
■ 4. In § 622.192, add paragraph (k) to
read as follows:
§ 622.192
Restrictions on sale/purchase.
*
*
*
*
*
(k) Snapper-grouper possessed
pursuant to the bag and possession
limits specified in § 622.187(a)(3) may
not be sold or purchased.
■ 5. Revise § 622.276 to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
§ 622.276
Landing fish intact.
(a) Dolphin or wahoo in or from the
Atlantic EEZ must be maintained with
head and fins intact, except as specified
in paragraph (b) of this section. Such
fish may be eviscerated, gilled, and
scaled, but must otherwise be
maintained in a whole condition. The
operator of a vessel that fishes in the
EEZ is responsible for ensuring that fish
on that vessel in the EEZ are maintained
intact and, if taken from the EEZ, are
maintained intact through offloading
ashore, as specified in this section.
(b) In the Atlantic EEZ, dolphin or
wahoo lawfully harvested in Bahamian
waters are exempt from the requirement
that they be maintained with head and
fins intact, provided that the skin
remains intact on the entire fillet of any
dolphin or wahoo carcasses, valid
Bahamian fishing and cruising permits
are on board the vessel, each person on
the vessel has a valid government
passport with current stamps and dates
from The Bahamas, and the vessel is in
transit through the Atlantic EEZ with
fishing gear appropriately stowed. For
the purpose of this paragraph, a vessel
is in transit through the Atlantic EEZ
when it is on a direct and continuous
course through the Atlantic EEZ and no
one aboard the vessel fishes in the EEZ.
For the purpose of this paragraph,
fishing gear appropriately stowed means
that terminal gear (i.e., hook, leader,
sinker, flasher, or bait) used with an
automatic reel, bandit gear, buoy gear,
handline, or rod and reel must be
disconnected and stowed separately
from such fishing gear. Sinkers must be
disconnected from the down rigger and
stowed separately.
■ 6. In § 622.277, revise paragraphs
(a)(1) and (2) to read as follows:
§ 622.277
Bag and possession limits.
*
*
*
VerDate Sep<11>2014
*
*
13:41 Dec 24, 2015
Jkt 238001
(a) * * *
(1) Dolphin. (i) In the Atlantic EEZ—
10, not to exceed 60 per vessel,
whichever is less, except on board a
headboat, 10 per paying passenger.
(ii) In the Atlantic EEZ and lawfully
harvested in Bahamian waters (as per
§ 622.276(b))—10, not to exceed 60 per
vessel, whichever is less, except on
board a headboat, 10 per paying
passenger. For the purposes of this
paragraph, for determining how many
dolphin are on board a vessel in fillet
form when harvested lawfully in
Bahamian waters, two fillets of dolphin,
regardless of the length of each fillet, is
equivalent to one dolphin. The skin
must remain intact on the entire fillet of
any dolphin carcass.
(2) Wahoo. (i) In the Atlantic EEZ—
2.
(ii) In the Atlantic EEZ and lawfully
harvested in Bahamian waters (as per
§ 622.276(b))—2. For the purposes of
this paragraph, for determining how
many wahoo are on board a vessel in
fillet form when harvested lawfully in
Bahamian waters, two fillets of wahoo,
regardless of the length of each fillet, is
equivalent to one wahoo. The skin must
remain intact on the entire fillet of any
wahoo carcass.
*
*
*
*
*
■ 7. In § 622.279, add paragraph (d) to
read as follows:
§ 622.279
Restrictions on sale/purchase.
*
*
*
*
*
(d) Dolphin or wahoo possessed
pursuant to the bag and possession
limits specified in § 622.277(a)(1)(ii) and
(a)(2)(ii) may not be sold or purchased.
[FR Doc. 2015–32555 Filed 12–24–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150903814–5999–02]
RIN 0648–XE171
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2016–2018
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 2016–2018
SUMMARY:
PO 00000
Frm 00055
Fmt 4700
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80689
summer flounder and scup fisheries,
and the 2016 and 2017 black sea bass
fishery. 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 2016
due to continued quota repayment from
previous years’ overages. This action
also reduces the 2016 black sea bass
commercial quota to account for a catch
overage in 2014. 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 2016–2018.
DATES: Effective January 1, 2016,
through December 31, 2018.
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.greateratlantic.fisheries.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 and the Atlantic
States Marine Fisheries 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
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
specifications in these fisheries include
various catch and landing subdivisions,
such as the species-specific acceptable
biological catch (ABC), commercial and
recreational sector annual catch limits
(ACLs), annual catch targets (ACTs), and
the sector-specific landing limits (i.e.,
the commercial fishery quota and
recreational harvest limit) established
for the up to three fishing years at a
time. The FMP and its implementing
regulations establish the Council’s
process for establishing specifications.
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
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
2016–2018 specifications for these
fisheries was provided in the proposed
specifications (November 9, 2015; 80 FR
69179) and is not repeated here.
NMFS will establish the 2016
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.
2016–2018
Specifications
This action establishes the following
specifications:
TABLE 1—SUMMARY OF THE 2016–2018 SUMMER FLOUNDER AND SCUP SPECIFICATIONS AND 2016–2017 BLACK SEA
BASS SPECIFICATIONS
Summer flounder
Scup
Black Sea Bass
2016
Overfishing Limit (OFL) ............
ABC ...........................................
Commercial ACL/ACT ..............
Recreational ACL/ACT .............
Commercial Quota ....................
Recreational Harvest Limit .......
The process describing the calculation
of the commercial and recreational
ACLs, commercial quotas, and
recreational harvest limits was
presented in the November 9, 2015,
proposed rule, and is not repeated here.
The specific discard values projected for
each fishery and sector are described in
more detail below.
Summer Flounder
This rule implements the Council’s
ABC recommendation and the
commercial and recreational catch
limits associated with that ABC for
fishing years 2016–2018.
As described in the proposed rule,
these specifications are based on a
2018
2016
2017
2018
2016
2017
18.06
8,194
16.26
7,375
9.42
4,275
6.83
3,100
8.12
3,685
5.42
2,457
million lb ....................................
mt ..............................................
million lb ....................................
mt ..............................................
million lb ....................................
mt ..............................................
million lb ....................................
mt ..............................................
million lb ....................................
mt ..............................................
million lb ....................................
mt ..............................................
2017
19.82
8,991
15.86
7,193
9.19
4,168
6.67
3,025
7.91
3,590
5.28
2,393
22.40
10,159
15.68
7,111
9.10
4,127
6.56
2,984
7.89
3,581
5.26
2,387
35.80
16,238
31.11
14,110
24.26
11,006
6.84
3,104
20.47
9,284
6.09
2,763
32.09
14,556
28.40
12,881
22.15
10,047
6.25
2,834
18.38
8,337
5.50
2,495
29.68
13,464
27.05
12,270
21.10
9,571
5.95
2,699
17.34
7,866
5.21
2,361
n/a
a
6.67
3,024
3.15
1,428
3.52
1,597
2.70
1,226
2.82
1,280
n/a
n/a
6.67
3,024
3.15
1,428
3.52
1,597
2.71
1,226
2.82
1,280
deviation from the Council’s normal
procedures. Had the standard Risk
Policy been followed, the drastic
reduction in available catch could have
had substantial economic impacts. The
2016 and 2017 ABCs have a higher risk
of overfishing than would be allowed
under the Council’s Risk Policy, but the
2018 ABC has a lower risk of
overfishing than the Risk Policy
requires. Each of the ABCs established
in this rule have a less than 50-percent
probability of resulting in overfishing.
Further, the projected biomass is the
same under either the standard Risk
Policy or the deviation from the Risk
Policy used in these specifications.
Because the OFLs are projected to
increase modestly over the next three
years, the specifications established in
this rule are relatively stable. The SSC
has requested a stock assessment update
for next summer and intends to evaluate
the available information to determine if
the 2017 and 2018 ABCs remain
appropriate. Fishing under these catch
limits for 2016 through 2018 is not
expected to compromise the summer
flounder stock, nor will fishing at this
level present an unacceptably high
likelihood of overfishing.
This action makes no other changes to
the Federal commercial summer
flounder management measures.
TABLE 2—2016–2018 SUMMER FLOUNDER SPECIFICATIONS AND CALCULATIONS
2016
mstockstill on DSK4VPTVN1PROD with RULES
million lb
OFL ..........................................................
ABC ..........................................................
ABC Landings Portion .............................
ABC Discards Portion ..............................
Commercial ACL ......................................
Commercial ACT ......................................
Projected Commercial Discards ..............
Commercial Quota ...................................
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18.06
16.26
13.54
2.72
9.43
9.43
1.30
8.12
PO 00000
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2017
mt
million lb
8,194
7,375
6,142
1,233
4,275
4,275
590
3,685
Fmt 4700
Sfmt 4700
2018
mt
19.82
15.86
13.19
2.67
9.19
9.19
1.28
7.91
E:\FR\FM\28DER1.SGM
million lb
8,991
7,193
5,983
1,210
4,168
4,168
579
3,590
28DER1
22.4
15.7
13.2
2.52
9.1
9.1
1.21
7.89
mt
10,159
7,111
5,968
1,143
4,127
4,127
547
3,581
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
80691
TABLE 2—2016–2018 SUMMER FLOUNDER SPECIFICATIONS AND CALCULATIONS—Continued
2016
million lb
Recreational ACL .....................................
Recreational ACT .....................................
Projected Recreational Discards .............
Recreational Harvest Limit .......................
2017
mt
6.84
6.84
1.42
5.42
Table 3 presents the 2016 summer
flounder allocations for each state.
Consistent with the quota-setting
procedures for the FMP, summer
flounder overages are determined based
upon landings for the period JanuaryOctober 2015, plus any previously
unaccounted for overages. Table 3
summarizes the commercial summer
flounder percent shares as outlined in
§ 648.102 (c)(1)(i), the resultant 2016
2018
million lb
3,100
3,100
643
2,457
mt
6.67
6.67
1.39
5.28
commercial quotas, the quota overages
as described above, and the final
adjusted 2016 commercial quotas. The
2015 quota overage is determined by
comparing landings for January through
October 2015, plus any landings in 2014
in excess of the 2014 quota, that were
not previously addressed in the 2015
specifications, for each state. For
Delaware, this includes continued
repayment of overharvest from previous
million lb
3,025
3,025
631
2,393
mt
6.58
6.58
1.32
5.26
2,984
2,984
596
2,387
years. Table 4 presents the initial 2017
and 2018 allocations by state. The 2017
and 2018 state quota allocations are
preliminary and are subject to change if
there are overages of states’ quotas
carried over from a previous fishing
year. Notice of any commercial quota
adjustments to account for overages will
be published in the Federal Register
prior to the start of the respective
fishing year.
TABLE 3—FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2016
2016 Initial quota
FMP Percent
share
State
Maine ...........................
New Hampshire ...........
Massachusetts .............
Rhode Island ................
Connecticut ..................
New York .....................
New Jersey ..................
Delaware ......................
Maryland ......................
Virginia .........................
North Carolina ..............
Total ......................
lb
0.04756
0.00046
6.82046
15.68298
2.25708
7.64699
16.72499
0.01779
2.0391
21.31676
27.44584
Overages through October 31,
2015
kg
lb
kg
Adjusted 2016 quota, less
overages
lb
kg
3,864
37
554,097
1,274,091
183,366
621,244
1,358,744
1,445
165,657
1,731,781
2,229,709
0
0
0
0
0
0
0
¥48,846
0
0
0
0
0
0
0
0
0
0
¥22,156
0
0
0
3,864
37
554,097
1,274,091
183,366
621,244
1,358,744
¥47,401
165,657
1,731,781
2,229,709
1,753
17
251,334
577,918
83,173
281,792
616,316
¥21,501
75,141
785,523
1,011,379
8,124,035
100
1,753
17
251,334
577,917
83,173
281,791
616,315
656
75,141
785,522
1,011,378
3,684,997
0
0
8,122,590
1,753
Notes: Kilograms are as converted from pounds and may not necessarily add due to rounding. Total quota is the sum for all states with an allocation. A state with a negative number has a 2015 allocation of zero (0). Total adjusted 2016 quota, less overages, does not include negative
allocations.
TABLE 4—2016–2018 PROPOSED INITIAL SUMMER FLOUNDER STATE COMMERCIAL QUOTAS
FMP Percent
share
State
mstockstill on DSK4VPTVN1PROD with RULES
Maine ...................................................................................
New Hampshire ...................................................................
Massachusetts .....................................................................
Rhode Island ........................................................................
Connecticut ..........................................................................
New York .............................................................................
New Jersey ..........................................................................
Delaware ..............................................................................
Maryland ..............................................................................
Virginia .................................................................................
North Carolina ......................................................................
Total ..............................................................................
Delaware Summer Flounder Closure
Table 3 shows that, for Delaware, the
amount of overharvest from previous
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0.04756
0.00046
6.82046
15.68298
2.25708
7.64699
16.72499
0.01779
2.0391
21.31676
27.44584
2017 Quota
lb
Frm 00057
lb
kg
1,707
17
244,854
563,019
81,029
274,527
600,427
639
73,204
765,271
985,305
3,755
36
538,459
1,238,133
178,191
603,711
1,320,397
1,404
160,982
1,682,906
2,166,781
1,703
16
244,240
561,607
80,826
273,838
598,921
637
73,020
763,353
982,835
7,914,596
100
Fmt 4700
kg
3,764
36
539,812
1,241,244
178,639
605,228
1,323,715
1,408
161,387
1,687,135
2,172,227
3,589,997
7,894,754
3,580,997
years is greater than the amount of
commercial quota allocated to Delaware
for 2016. As a result, there is no quota
PO 00000
2018 Quota
Sfmt 4700
available for 2016 in Delaware. The
regulations at § 648.4(b) provide that
Federal permit holders, as a condition of
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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 2016
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 2016 calendar year,
unless additional quota becomes
available through a transfer, as
mentioned above.
commercial and recreational catch
limits associated with that ABC for
fishing years 2016–2018. The scup
management measures specify that the
ABC is equal to the sum of the
commercial and recreational sector
ACLs. As described in the proposed
rule, the ACLs and ACTs are set equal
to each other for both sectors, sectorspecific projected discards are removed,
and the specifications for 2016–2018 are
as shown in Table 5.
Scup
This rule implements the Council’s
ABC recommendation and the
TABLE 5—2016–2018 SCUP SPECIFICATIONS
2016
million lb
OFL ............................................................................
ABC ............................................................................
ABC Landings Portion ...............................................
ABC Discards Portion ................................................
Commercial ACL ........................................................
Commercial ACT ........................................................
Projected Commercial Discards ................................
Commercial Quota .....................................................
Recreational ACL .......................................................
Recreational ACT .......................................................
Projected Recreational Discards ...............................
Recreational Harvest Limit .........................................
If there is a commercial overage
applicable to the scup commercial
quota, notice will be published prior to
the start of the each fishing year. No
2017
mt
35.8
31.11
26.56
4.55
24.26
24.26
3.8
20.47
6.84
6.84
0.75
6.09
2018
million lb
16,238
14,110
12,047
2,063
11,006
11,006
1,721
9,284
3,104
3,104
342
2,763
mt
32.09
28.4
23.88
4.52
22.15
22.15
3.77
18.38
6.25
6.25
0.75
5.5
commercial quota overage is applicable
to 2016; therefore, no adjustment to the
2016 quota is necessary.
million lb
14,556
12,881
10,832
2,049
10,047
10,047
1,710
8,337
2,834
2,834
339
2,495
29.7
27.1
22.6
4.5
21.1
21.1
3.76
17.3
5.95
5.95
0.75
5.21
mt
13,464
12,270
10,227
2,043
9,571
9,571
1,705
7,866
2,699
2,699
338
2,361
The scup commercial quota is divided
into three commercial fishery quota
periods. The period quotas are detailed
in Table 6.
TABLE 6—COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2016–2018 BY QUOTA PERIOD
2016 Quota
Quota period
2017 Initial quota
2018 Initial quota
Percent share
lb
Winter I .................................................
Summer ................................................
Winter II ................................................
45.11
38.95
15.94
Total ..............................................
100.0
mt
lb
mt
lb
mt
9,232,987
7,972,176
3,262,554
4,188
3,616
1,480
8,291,190
7,158,986
2,929,762
3,761
3,247
1,329
7,822,778
6,754,538
2,764,245
3,548
3,064
1,254
20,467,716
9,284
18,379,939
8,337
17,341,562
7,866
Note: Metric tons are as converted from pounds and may not necessarily total due to rounding.
The quota period possession limits
are shown in Table 7. The Winter I
possession limit will drop to 1,000 lb
(454 kg) upon attainment of 80 percent
of that period’s allocation. 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.
TABLE 7—COMMERCIAL SCUP POSSESSION LIMITS BY QUOTA PERIOD
Quota period
Percent share
Federal possession limits (per
trip)
mstockstill on DSK4VPTVN1PROD with RULES
lb
Winter I ........................................................................................................................................
Summer .......................................................................................................................................
Winter II .......................................................................................................................................
Total ......................................................................................................................................
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45.11
38.95
15.94
100.0
E:\FR\FM\28DER1.SGM
28DER1
kg
50,000
N/A
12,000
22,680
N/A
5,443
N/A
N/A
Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
80693
TABLE 8—POTENTIAL INCREASE IN 2016–2018 WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF UNUSED SCUP
ROLLED OVER FROM WINTER I TO WINTER II
Initial Winter II possession limit
lb
12,000
12,000
12,000
12,000
12,000
Rollover from Winter I to Winter II
kg
..............
..............
..............
..............
..............
5,443
5,443
5,443
5,443
5,443
lb
kg
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
Black Sea Bass
This rule implements the Council’s
revised ABC recommendation and the
commercial and recreational catch
limits associated with that ABC for
fishing years 2016 and 2017. As
described in the proposed rule for this
action, the Council’s SSC revised its
recommendation for the 2016 and 2017
black sea bass ABC in September 2015
based on additional analysis that relies
more on measures of current abundance
Increase in initial Winter II
possession limit
lb
0–226,796
226,796–453,592
453,592–680,388
680,389–907,184
907,185–1,133,981
kg
0
1,500
3,000
4,500
6,000
than the prior constant catch approach.
The Council and the Commission’s
Black Sea Bass Board have also revised
their recommendations for 2016 and
2017, as outlined in the proposed rule
to this action. Specifications for 2018
will be made following the completion
of a new stock assessment in late 2016.
A commercial quota overage from
fishing year 2014 is applicable to the
2016 black sea bass commercial quota.
As a result, the regulations at
684.143(a)(2) require that the exact
0
680
1,361
2,041
2,722
Final Winter II possession
limit after rollover from
Winter I to Winter II
lb
kg
12,000
13,500
15,000
16,500
18,000
5,443
6,123
6,804
7,484
8,165
amount of the overage, in pounds, be
deducted from a subsequent single
year’s commercial quota. The 2016
commercial quota is reduced by 8,896 lb
(4,035 kg) from 2,711,686 lb (1,230 mt)
to 2,702,867 lb (1,226 mt). The 2016
commercial quota values in Table 9
include this deduction. Should a
commercial quota or ACL accountability
measure be necessary in 2017,
notification will be published in the
Federal Register prior to the start of the
fishing year.
TABLE 9—BLACK SEA BASS 2016–2017 SPECIFICATIONS
2016
million lb
ABC ..................................................................................................................
ABC Landings Portion .....................................................................................
ABC Discards Portion ......................................................................................
Commercial ACL ..............................................................................................
Commercial ACT .............................................................................................
Projected Commercial Discards ......................................................................
Commercial Quota ...........................................................................................
Recreational ACL .............................................................................................
Recreational ACT ............................................................................................
Projected Recreational Discards .....................................................................
Recreational Harvest Limit ..............................................................................
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Comments and Responses
On November 9, 2015, NMFS
published proposed specifications for
Summer Flounder, Scup and Sea Bass
for public notice and comment, and four
comments were received. Generally, the
four comments each stated that the
proposed specifications were overly
conservative for all three species,
particularly for black sea bass and scup.
One commenter asserted that the SSC’s
scup recommendation should not be
considered the best available scientific
information because it is based on a
scientific uncertainty buffer that is
double what the Stock Assessment
Working Group recommended. Two
other commenters noted that the
increase in the black sea bass
population in southern New England is
negatively impacting the lobster fishery
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mt
6.67
5.53
1.13
3.15
3.15
0.44
2.70
3.52
3.52
0.70
2.82
and that the quotas should be increased
or measures should be set so that the
recreational season can last longer into
the fall. A recreational fishing group
commented that NMFS should set the
summer flounder ABC equal to the OFL
in each year, despite the SSC’s
recommendation, because precaution is
applied ‘‘excessively’’ throughout the
stock assessment and SSC process. The
group also stated that there should be no
quota reductions for summer flounder
until a sex-specific stock assessment can
be conducted. This comment also
asserted that the scup catch limits are
overly conservative, but spoke in
support of the revised black sea bass
ABC recommendation.
No changes to the proposed
specifications were made as a result of
these comments. The specifications are
based on the SSC’s advice and the best
PO 00000
2017
million lb
3,024
2,510
514
1,428
1,428
198
1,226
1,597
1,597
317
1,280
6.67
5.53
1.13
3.15
3.15
0.44
2.71
3.52
3.52
0.70
2.82
mt
3,024
2,510
514
1,428
1,428
198
1,230
1,597
1,597
317
1,280
available scientific information. The
Council applied its Risk Policy to derive
the scup and black sea bass
specifications. The summer flounder
specifications deviate from that Risk
Policy, but are less conservative than
the Risk Policy and closer to the
commenter’s request than had the
Council used the Policy. However, as
stated previously, the summer flounder
specifications will not result in an
unacceptably high likelihood of
overfishing. For scup, the SSC
deliberated on the stock assessment
working group’s advice, but determined
additional scientific uncertainty had not
been adequately incorporated, as is their
purview. NMFS does not disagree with
the SSC’s recommendation and we are
implementing the specifications as
recommended by the Council.
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
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.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay of effectiveness period for
this rule, to ensure that the final
specifications are in place on January 1,
2016. This action establishes
specifications (i.e., annual quotas) for
the summer flounder, scup, and black
sea bass fisheries.
This rule is being issued at the earliest
possible date. Preparation of the
proposed rule was dependent on the
submission of the EA/IRFA in support
of the specifications that is developed
by the Council. A complete document
was received by NMFS in early October
2015. Documentation in support of the
Council’s recommended specifications
is required for NMFS to provide the
public with information from the
environmental and economic analyses
as required in rulemaking. The
proposed rule published on November
9, 2015, with a 15-day comment period
ending November 24, 2015. Publication
of the adjusted summer flounder quota
at the start of the fishing year that begins
January 1, 2015, is required by the order
of Judge Robert Doumar in North
Carolina Fisheries Association v. Daley.
If the 30-day delay in effectiveness is
not waived, there will be no quota
specifications for the affected fisheries
on January 1, 2016, which would
significantly confuse the public and
substantially complicate the cooperative
management regime governing these
fisheries. The summer flounder, scup,
and black sea bass fisheries are all
expected, based on historic
participation and harvest patterns, to be
very active at the start of the fishing
season in 2016. Without these
specifications in place on January 1,
2016, individual states will be unable to
set commercial possession and/or trip
limits, which apportion the catch over
the entirety of the calendar year. NMFS
will be unable to control harvest in any
way, as there will be no quotas in place
for any of the three species until the
regulations are effective. NMFS will be
unable to control harvest or close the
fishery, should landings exceed the
quotas. All of these factors could result
in a race for fish, wherein uncontrolled
landings could occur.
Disproportionately large harvest
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occurring within the first weeks of 2016
could have distributional effects on
other quota periods, and would
disadvantage some gear sectors or
owners and operators of smaller vessels
that typically fish later in the fishing
season. There is no historic precedent
by which to gauge the magnitude of
harvest that might occur, should quotas
for these three species not be in place
during the first weeks of 2016. It is
reasonable to conclude that the
commercial fishing fleet possesses
sufficient capacity to exceed the
established quotas for these three
species before the regulations would
become effective, should quotas not be
in place on January 1, 2016. Should this
occur, the fishing mortality objectives
for all three species would be
compromised, thus undermining the
intent of the rule.
For these reasons, a 30-day delay in
effectiveness would be contrary to the
public interest, and NMFS is waiving
the requirement.
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.
Final Regulatory Flexibility Analysis
A Summary of Significant Issues Raised
by the Public in Response to the
Summary of the Agency’s Assessment of
Such Issues, and a Statement of Any
Changes Made in the Final Rule as a
Result
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. A summary of the
comments received, and our responses,
can be found above in the ‘‘Comments
and Responses’’ section of this rule’s
preamble.
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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
$5.5 and $20.5 million for shellfish and
for finfish business, respectively. A
small business in the recreational
fishery is a firm with receipts of up to
$7.5 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 2016–2018
specifications could affect 952 small
entities and 8 large entities, assuming
average revenues for the 2012–2014
period.
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 the Agency Has
Taken To Minimize the Significant
Economic Impact on Small Entities
Consistent With the Stated Objectives of
Applicable Statutes
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. The
Council recommended no such
measures, and so none are implemented
in this final rule. Therefore, the
economic impact analysis of the action
is evaluated on the different levels of
quota specified in the alternatives. The
ability of NMFS to minimize economic
impacts for this action is constrained by
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
2016–2017 ABC level for all three
stocks, and the 2018 ABC level for scup
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Federal Register / Vol. 80, No. 248 / Monday, December 28, 2015 / Rules and Regulations
and black sea bass. NMFS considers
these recommendations to be consistent
with National Standard 2 of the
Magnuson-Stevens Act, which requires
that the best available scientific
information be used in fishery decision
making.
The economic analysis for the 2016–
2018 specifications assessed the impacts
for quota alternatives that achieve the
aforementioned objectives. The Council
analyzed four sets of combined catch
limit alternatives for the 2016–2018
summer flounder, scup, and black sea
bass fisheries. Please see the EA and
IRFA for a detailed discussion on each
alternative.
Through this final rule, NMFS
implements Alternative 1 (the Council’s
preferred alternative), as modified by
the Council’s revised recommendation
for black sea bass. 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 fishing mortality rates
associated with the catch limits for all
three species all have acceptable
likelihoods of preventing overfishing in
any of the next three years.
Alternative 3 for each species,
contained the most restrictive options
(i.e., lowest total landing levels) for each
fishery have the highest potential
adverse economic impacts on small
entities in the form of potential foregone
fishing opportunities.. Some of the catch
limits associated with Alternatives 3
pre-date the ABC framework, thus the
information for these alternatives is
presented in terms of landing levels.
Alternative 3 was not preferred by the
Council of NMFS 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.
Alternative 4 contained the least
restrictive catch limits for each fishery
and would have the lowest economic
impacts on small entities. This
alternative is not consistent with the
goals and objectives of the FMP and the
Magnuson-Stevens Act because it would
implement catch limits much higher
than the recommendations of the
Council’s SSC. This could result in
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overfishing of the resources and
substantially compromise the mortality
and/or stock rebuilding objectives for
each species, contrary to laws and
regulations.
Alternative 2 (status quo), would
maintain the current 2015 ABCs for
each fishery, and would, in the shortterm, have negligible economic impacts
on small entities. For summer flounder
and scup, this alternative is not
consistent with the goals and objectives
of the FMP and the Magnuson-Stevens
Act because it would leave in place
ABCs higher than the recommendations
of the Council’s SSC. 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. For black sea bass, this
alternative is more restrictive than is
necessary and would have unnecessary
negative economic impacts.
Likewise, a ‘‘true’’ no action
alternative, wherein no quotas are
established for the coming fishing year,
was excluded from analysis because it is
not consistent with the goals and
objectives of the FMP and the
Magnuson-Stevens Act.
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.greateratlantic.fisheries.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–32562 Filed 12–24–15; 8:45 am]
BILLING CODE 3510–22–P
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80695
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150126078–5999–02]
RIN 0648–BE85
Fisheries of the Exclusive Economic
Zone Off Alaska; Revise Maximum
Retainable Amounts for Skates in the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
reduce the maximum retainable amount
(MRA) of skates using groundfish and
halibut as basis species in the Gulf of
Alaska (GOA) from 20 percent to 5
percent. Reducing skate MRAs is
necessary to decrease the incentive for
fishermen to target skates and slow the
catch rate of skates in these fisheries.
This final rule will enhance
conservation and management of skates
and minimize skate discards in GOA
groundfish and halibut fisheries. This
final rule is intended to promote the
goals and objectives of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), the Fishery Management Plan for
Groundfish of the Gulf of Alaska (FMP),
and other applicable laws.
DATES: Effective January 27, 2016.
ADDRESSES: Electronic copies of the
following documents may be obtained
from https://www.regulations.gov or from
the NMFS Alaska Region Web site at
https://alaskafisheries.noaa.gov:
• The Environmental Assessment/
Regulatory Impact Review/Initial
Regulatory Flexibility Analysis (EA/
RIR/IRFA) prepared for this action
(collectively referred to as the
‘‘Analysis’’);
• The Alaska Groundfish Harvest
Specifications Final Environmental
Impact Statement (Harvest
Specifications EIS);
• The Harvest Specifications
Supplementary Information Report (SIR)
prepared for the final 2015 and 2016
harvest specifications; and
• The IRFA for the Gulf of Alaska
Groundfish Harvest Specifications for
2015 and 2016 (Harvest Specifications
IRFA).
FOR FURTHER INFORMATION CONTACT:
Peggy Murphy, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
published a proposed rule in the
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 248 (Monday, December 28, 2015)]
[Rules and Regulations]
[Pages 80689-80695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32562]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150903814-5999-02]
RIN 0648-XE171
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2016-2018 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 2016-2018 summer
flounder and scup fisheries, and the 2016 and 2017 black sea bass
fishery. 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 2016 due to continued quota repayment from previous years'
overages. This action also reduces the 2016 black sea bass commercial
quota to account for a catch overage in 2014. 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 2016-2018.
DATES: Effective January 1, 2016, through December 31, 2018.
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.greateratlantic.fisheries.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 and the Atlantic States
Marine Fisheries 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
[[Page 80690]]
specifications in these fisheries include various catch and landing
subdivisions, such as the species-specific acceptable biological catch
(ABC), commercial and recreational sector annual catch limits (ACLs),
annual catch targets (ACTs), and the sector-specific landing limits
(i.e., the commercial fishery quota and recreational harvest limit)
established for the up to three fishing years at a time. The FMP and
its implementing regulations establish the Council's process for
establishing specifications. 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 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 2016-2018 specifications for these fisheries was
provided in the proposed specifications (November 9, 2015; 80 FR 69179)
and is not repeated here.
NMFS will establish the 2016 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.
2016-2018 Specifications
This action establishes the following specifications:
Table 1--Summary of the 2016-2018 Summer Flounder and Scup Specifications and 2016-2017 Black Sea Bass Specifications
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer flounder Scup Black Sea Bass
-----------------------------------------------------------------------
2016 2017 2018 2016 2017 2018 2016 2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overfishing Limit (OFL)....................... million lb...................... 18.06 19.82 22.40 35.80 32.09 29.68 n/a n/a
mt.............................. 8,194 8,991 10,159 16,238 14,556 13,464 a n/a
ABC........................................... million lb...................... 16.26 15.86 15.68 31.11 28.40 27.05 6.67 6.67
mt.............................. 7,375 7,193 7,111 14,110 12,881 12,270 3,024 3,024
Commercial ACL/ACT............................ million lb...................... 9.42 9.19 9.10 24.26 22.15 21.10 3.15 3.15
mt.............................. 4,275 4,168 4,127 11,006 10,047 9,571 1,428 1,428
Recreational ACL/ACT.......................... million lb...................... 6.83 6.67 6.56 6.84 6.25 5.95 3.52 3.52
mt.............................. 3,100 3,025 2,984 3,104 2,834 2,699 1,597 1,597
Commercial Quota.............................. million lb...................... 8.12 7.91 7.89 20.47 18.38 17.34 2.70 2.71
mt.............................. 3,685 3,590 3,581 9,284 8,337 7,866 1,226 1,226
Recreational Harvest Limit.................... million lb...................... 5.42 5.28 5.26 6.09 5.50 5.21 2.82 2.82
mt.............................. 2,457 2,393 2,387 2,763 2,495 2,361 1,280 1,280
--------------------------------------------------------------------------------------------------------------------------------------------------------
The process describing the calculation of the commercial and
recreational ACLs, commercial quotas, and recreational harvest limits
was presented in the November 9, 2015, proposed rule, and is not
repeated here. The specific discard values projected for each fishery
and sector are described in more detail below.
Summer Flounder
This rule implements the Council's ABC recommendation and the
commercial and recreational catch limits associated with that ABC for
fishing years 2016-2018.
As described in the proposed rule, these specifications are based
on a deviation from the Council's normal procedures. Had the standard
Risk Policy been followed, the drastic reduction in available catch
could have had substantial economic impacts. The 2016 and 2017 ABCs
have a higher risk of overfishing than would be allowed under the
Council's Risk Policy, but the 2018 ABC has a lower risk of overfishing
than the Risk Policy requires. Each of the ABCs established in this
rule have a less than 50-percent probability of resulting in
overfishing. Further, the projected biomass is the same under either
the standard Risk Policy or the deviation from the Risk Policy used in
these specifications. Because the OFLs are projected to increase
modestly over the next three years, the specifications established in
this rule are relatively stable. The SSC has requested a stock
assessment update for next summer and intends to evaluate the available
information to determine if the 2017 and 2018 ABCs remain appropriate.
Fishing under these catch limits for 2016 through 2018 is not expected
to compromise the summer flounder stock, nor will fishing at this level
present an unacceptably high likelihood of overfishing.
This action makes no other changes to the Federal commercial summer
flounder management measures.
Table 2--2016-2018 Summer Flounder Specifications and Calculations
--------------------------------------------------------------------------------------------------------------------------------------------------------
2016 2017 2018
----------------------------------------------------------------------------------------------
million lb mt million lb mt million lb mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
OFL...................................................... 18.06 8,194 19.82 8,991 22.4 10,159
ABC...................................................... 16.26 7,375 15.86 7,193 15.7 7,111
ABC Landings Portion..................................... 13.54 6,142 13.19 5,983 13.2 5,968
ABC Discards Portion..................................... 2.72 1,233 2.67 1,210 2.52 1,143
Commercial ACL........................................... 9.43 4,275 9.19 4,168 9.1 4,127
Commercial ACT........................................... 9.43 4,275 9.19 4,168 9.1 4,127
Projected Commercial Discards............................ 1.30 590 1.28 579 1.21 547
Commercial Quota......................................... 8.12 3,685 7.91 3,590 7.89 3,581
[[Page 80691]]
Recreational ACL......................................... 6.84 3,100 6.67 3,025 6.58 2,984
Recreational ACT......................................... 6.84 3,100 6.67 3,025 6.58 2,984
Projected Recreational Discards.......................... 1.42 643 1.39 631 1.32 596
Recreational Harvest Limit............................... 5.42 2,457 5.28 2,393 5.26 2,387
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3 presents the 2016 summer flounder allocations for each
state. Consistent with the quota-setting procedures for the FMP, summer
flounder overages are determined based upon landings for the period
January-October 2015, plus any previously unaccounted for overages.
Table 3 summarizes the commercial summer flounder percent shares as
outlined in Sec. 648.102 (c)(1)(i), the resultant 2016 commercial
quotas, the quota overages as described above, and the final adjusted
2016 commercial quotas. The 2015 quota overage is determined by
comparing landings for January through October 2015, plus any landings
in 2014 in excess of the 2014 quota, that were not previously addressed
in the 2015 specifications, for each state. For Delaware, this includes
continued repayment of overharvest from previous years. Table 4
presents the initial 2017 and 2018 allocations by state. The 2017 and
2018 state quota allocations are preliminary and are subject to change
if there are overages of states' quotas carried over from a previous
fishing year. Notice of any commercial quota adjustments to account for
overages will be published in the Federal Register prior to the start
of the respective fishing year.
Table 3--Final State-by-State Commercial Summer Flounder Allocations for 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
2016 Initial quota Overages through October 31, Adjusted 2016 quota, less
FMP Percent -------------------------------- 2015 overages
State share ---------------------------------------------------------------
lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maine.................................... 0.04756 3,864 1,753 0 0 3,864 1,753
New Hampshire............................ 0.00046 37 17 0 0 37 17
Massachusetts............................ 6.82046 554,097 251,334 0 0 554,097 251,334
Rhode Island............................. 15.68298 1,274,091 577,917 0 0 1,274,091 577,918
Connecticut.............................. 2.25708 183,366 83,173 0 0 183,366 83,173
New York................................. 7.64699 621,244 281,791 0 0 621,244 281,792
New Jersey............................... 16.72499 1,358,744 616,315 0 0 1,358,744 616,316
Delaware................................. 0.01779 1,445 656 -48,846 -22,156 -47,401 -21,501
Maryland................................. 2.0391 165,657 75,141 0 0 165,657 75,141
Virginia................................. 21.31676 1,731,781 785,522 0 0 1,731,781 785,523
North Carolina........................... 27.44584 2,229,709 1,011,378 0 0 2,229,709 1,011,379
--------------------------------------------------------------------------------------------------------------
Total................................ 100 8,124,035 3,684,997 0 0 8,122,590 1,753
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Kilograms are as converted from pounds and may not necessarily add due to rounding. Total quota is the sum for all states with an allocation. A
state with a negative number has a 2015 allocation of zero (0). Total adjusted 2016 quota, less overages, does not include negative allocations.
Table 4--2016-2018 Proposed Initial Summer Flounder State Commercial Quotas
----------------------------------------------------------------------------------------------------------------
2017 Quota 2018 Quota
State FMP Percent ---------------------------------------------------------------
share lb kg lb kg
----------------------------------------------------------------------------------------------------------------
Maine............................ 0.04756 3,764 1,707 3,755 1,703
New Hampshire.................... 0.00046 36 17 36 16
Massachusetts.................... 6.82046 539,812 244,854 538,459 244,240
Rhode Island..................... 15.68298 1,241,244 563,019 1,238,133 561,607
Connecticut...................... 2.25708 178,639 81,029 178,191 80,826
New York......................... 7.64699 605,228 274,527 603,711 273,838
New Jersey....................... 16.72499 1,323,715 600,427 1,320,397 598,921
Delaware......................... 0.01779 1,408 639 1,404 637
Maryland......................... 2.0391 161,387 73,204 160,982 73,020
Virginia......................... 21.31676 1,687,135 765,271 1,682,906 763,353
North Carolina................... 27.44584 2,172,227 985,305 2,166,781 982,835
------------------------------------------------------------------------------
Total........................ 100 7,914,596 3,589,997 7,894,754 3,580,997
----------------------------------------------------------------------------------------------------------------
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 2016. As a result, there is no quota available for 2016
in Delaware. The regulations at Sec. 648.4(b) provide that Federal
permit holders, as a condition of
[[Page 80692]]
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 2016 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 2016 calendar year,
unless additional quota becomes available through a transfer, as
mentioned above.
Scup
This rule implements the Council's ABC recommendation and the
commercial and recreational catch limits associated with that ABC for
fishing years 2016-2018. The scup management measures specify that the
ABC is equal to the sum of the commercial and recreational sector ACLs.
As described in the proposed rule, the ACLs and ACTs are set equal to
each other for both sectors, sector-specific projected discards are
removed, and the specifications for 2016-2018 are as shown in Table 5.
Table 5--2016-2018 Scup Specifications
----------------------------------------------------------------------------------------------------------------
2016 2017 2018
--------------------------------------------------------------------------------
million lb mt million lb mt million lb mt
----------------------------------------------------------------------------------------------------------------
OFL............................ 35.8 16,238 32.09 14,556 29.7 13,464
ABC............................ 31.11 14,110 28.4 12,881 27.1 12,270
ABC Landings Portion........... 26.56 12,047 23.88 10,832 22.6 10,227
ABC Discards Portion........... 4.55 2,063 4.52 2,049 4.5 2,043
Commercial ACL................. 24.26 11,006 22.15 10,047 21.1 9,571
Commercial ACT................. 24.26 11,006 22.15 10,047 21.1 9,571
Projected Commercial Discards.. 3.8 1,721 3.77 1,710 3.76 1,705
Commercial Quota............... 20.47 9,284 18.38 8,337 17.3 7,866
Recreational ACL............... 6.84 3,104 6.25 2,834 5.95 2,699
Recreational ACT............... 6.84 3,104 6.25 2,834 5.95 2,699
Projected Recreational Discards 0.75 342 0.75 339 0.75 338
Recreational Harvest Limit..... 6.09 2,763 5.5 2,495 5.21 2,361
----------------------------------------------------------------------------------------------------------------
If there is a commercial overage applicable to the scup commercial
quota, notice will be published prior to the start of the each fishing
year. No commercial quota overage is applicable to 2016; therefore, no
adjustment to the 2016 quota is necessary.
The scup commercial quota is divided into three commercial fishery
quota periods. The period quotas are detailed in Table 6.
Table 6--Commercial Scup Quota Allocations for 2016-2018 by Quota Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
2016 Quota 2017 Initial quota 2018 Initial quota
Quota period Percent share --------------------------------------------------------------------------------
lb mt lb mt lb mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I................................................ 45.11 9,232,987 4,188 8,291,190 3,761 7,822,778 3,548
Summer.................................................. 38.95 7,972,176 3,616 7,158,986 3,247 6,754,538 3,064
Winter II............................................... 15.94 3,262,554 1,480 2,929,762 1,329 2,764,245 1,254
-----------------------------------------------------------------------------------------------
Total............................................... 100.0 20,467,716 9,284 18,379,939 8,337 17,341,562 7,866
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Metric tons are as converted from pounds and may not necessarily total due to rounding.
The quota period possession limits are shown in Table 7. The Winter
I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80
percent of that period's allocation. 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.
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
----------------------------------------------------------------------------------------------------------------
[[Page 80693]]
Table 8--Potential Increase in 2016-2018 Winter II Possession Limits Based on the Amount of Unused Scup Rolled Over From Winter I to Winter II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Winter II possession limit Rollover from Winter I to Winter II Increase in initial Final Winter II
----------------------------------------------------------------------------------------------------- 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
This rule implements the Council's revised ABC recommendation and
the commercial and recreational catch limits associated with that ABC
for fishing years 2016 and 2017. As described in the proposed rule for
this action, the Council's SSC revised its recommendation for the 2016
and 2017 black sea bass ABC in September 2015 based on additional
analysis that relies more on measures of current abundance than the
prior constant catch approach. The Council and the Commission's Black
Sea Bass Board have also revised their recommendations for 2016 and
2017, as outlined in the proposed rule to this action. Specifications
for 2018 will be made following the completion of a new stock
assessment in late 2016.
A commercial quota overage from fishing year 2014 is applicable to
the 2016 black sea bass commercial quota. As a result, the regulations
at 684.143(a)(2) require that the exact amount of the overage, in
pounds, be deducted from a subsequent single year's commercial quota.
The 2016 commercial quota is reduced by 8,896 lb (4,035 kg) from
2,711,686 lb (1,230 mt) to 2,702,867 lb (1,226 mt). The 2016 commercial
quota values in Table 9 include this deduction. Should a commercial
quota or ACL accountability measure be necessary in 2017, notification
will be published in the Federal Register prior to the start of the
fishing year.
Table 9--Black Sea Bass 2016-2017 Specifications
----------------------------------------------------------------------------------------------------------------
2016 2017
---------------------------------------------------------------
million lb mt million lb mt
----------------------------------------------------------------------------------------------------------------
ABC............................................. 6.67 3,024 6.67 3,024
ABC Landings Portion............................ 5.53 2,510 5.53 2,510
ABC Discards Portion............................ 1.13 514 1.13 514
Commercial ACL.................................. 3.15 1,428 3.15 1,428
Commercial ACT.................................. 3.15 1,428 3.15 1,428
Projected Commercial Discards................... 0.44 198 0.44 198
Commercial Quota................................ 2.70 1,226 2.71 1,230
Recreational ACL................................ 3.52 1,597 3.52 1,597
Recreational ACT................................ 3.52 1,597 3.52 1,597
Projected Recreational Discards................. 0.70 317 0.70 317
Recreational Harvest Limit...................... 2.82 1,280 2.82 1,280
----------------------------------------------------------------------------------------------------------------
Comments and Responses
On November 9, 2015, NMFS published proposed specifications for
Summer Flounder, Scup and Sea Bass for public notice and comment, and
four comments were received. Generally, the four comments each stated
that the proposed specifications were overly conservative for all three
species, particularly for black sea bass and scup. One commenter
asserted that the SSC's scup recommendation should not be considered
the best available scientific information because it is based on a
scientific uncertainty buffer that is double what the Stock Assessment
Working Group recommended. Two other commenters noted that the increase
in the black sea bass population in southern New England is negatively
impacting the lobster fishery and that the quotas should be increased
or measures should be set so that the recreational season can last
longer into the fall. A recreational fishing group commented that NMFS
should set the summer flounder ABC equal to the OFL in each year,
despite the SSC's recommendation, because precaution is applied
``excessively'' throughout the stock assessment and SSC process. The
group also stated that there should be no quota reductions for summer
flounder until a sex-specific stock assessment can be conducted. This
comment also asserted that the scup catch limits are overly
conservative, but spoke in support of the revised black sea bass ABC
recommendation.
No changes to the proposed specifications were made as a result of
these comments. The specifications are based on the SSC's advice and
the best available scientific information. The Council applied its Risk
Policy to derive the scup and black sea bass specifications. The summer
flounder specifications deviate from that Risk Policy, but are less
conservative than the Risk Policy and closer to the commenter's request
than had the Council used the Policy. However, as stated previously,
the summer flounder specifications will not result in an unacceptably
high likelihood of overfishing. For scup, the SSC deliberated on the
stock assessment working group's advice, but determined additional
scientific uncertainty had not been adequately incorporated, as is
their purview. NMFS does not disagree with the SSC's recommendation and
we are implementing the specifications as recommended by the Council.
[[Page 80694]]
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.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness
period for this rule, to ensure that the final specifications are in
place on January 1, 2016. This action establishes specifications (i.e.,
annual quotas) for the summer flounder, scup, and black sea bass
fisheries.
This rule is being issued at the earliest possible date.
Preparation of the proposed rule was dependent on the submission of the
EA/IRFA in support of the specifications that is developed by the
Council. A complete document was received by NMFS in early October
2015. Documentation in support of the Council's recommended
specifications is required for NMFS to provide the public with
information from the environmental and economic analyses as required in
rulemaking. The proposed rule published on November 9, 2015, with a 15-
day comment period ending November 24, 2015. Publication of the
adjusted summer flounder quota at the start of the fishing year that
begins January 1, 2015, is required by the order of Judge Robert Doumar
in North Carolina Fisheries Association v. Daley.
If the 30-day delay in effectiveness is not waived, there will be
no quota specifications for the affected fisheries on January 1, 2016,
which would significantly confuse the public and substantially
complicate the cooperative management regime governing these fisheries.
The summer flounder, scup, and black sea bass fisheries are all
expected, based on historic participation and harvest patterns, to be
very active at the start of the fishing season in 2016. Without these
specifications in place on January 1, 2016, individual states will be
unable to set commercial possession and/or trip limits, which apportion
the catch over the entirety of the calendar year. NMFS will be unable
to control harvest in any way, as there will be no quotas in place for
any of the three species until the regulations are effective. NMFS will
be unable to control harvest or close the fishery, should landings
exceed the quotas. All of these factors could result in a race for
fish, wherein uncontrolled landings could occur. Disproportionately
large harvest occurring within the first weeks of 2016 could have
distributional effects on other quota periods, and would disadvantage
some gear sectors or owners and operators of smaller vessels that
typically fish later in the fishing season. There is no historic
precedent by which to gauge the magnitude of harvest that might occur,
should quotas for these three species not be in place during the first
weeks of 2016. It is reasonable to conclude that the commercial fishing
fleet possesses sufficient capacity to exceed the established quotas
for these three species before the regulations would become effective,
should quotas not be in place on January 1, 2016. Should this occur,
the fishing mortality objectives for all three species would be
compromised, thus undermining the intent of the rule.
For these reasons, a 30-day delay in effectiveness would be
contrary to the public interest, and NMFS is waiving the requirement.
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.
Final Regulatory Flexibility Analysis
A Summary of Significant Issues Raised by the Public in Response to the
Summary of the Agency's Assessment of Such Issues, and a Statement of
Any Changes Made in the Final Rule as a Result
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. A summary of the
comments received, and our responses, can be found above in the
``Comments and Responses'' section of this rule's 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 $5.5 and $20.5 million for shellfish and for finfish business,
respectively. A small business in the recreational fishery is a firm
with receipts of up to $7.5 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 2016-2018 specifications could affect 952 small entities and 8
large entities, assuming average revenues for the 2012-2014 period.
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 the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
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. The Council recommended no such measures, and so none are
implemented in this final rule. Therefore, the economic impact analysis
of the action is evaluated on the different levels of quota specified
in the alternatives. The ability of NMFS to minimize economic impacts
for this action is constrained by 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 2016-2017 ABC level for all three stocks, and
the 2018 ABC level for scup
[[Page 80695]]
and black sea bass. NMFS considers these recommendations to be
consistent with National Standard 2 of the Magnuson-Stevens Act, which
requires that the best available scientific information be used in
fishery decision making.
The economic analysis for the 2016-2018 specifications assessed the
impacts for quota alternatives that achieve the aforementioned
objectives. The Council analyzed four sets of combined catch limit
alternatives for the 2016-2018 summer flounder, scup, and black sea
bass fisheries. Please see the EA and IRFA for a detailed discussion on
each alternative.
Through this final rule, NMFS implements Alternative 1 (the
Council's preferred alternative), as modified by the Council's revised
recommendation for black sea bass. 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 fishing mortality rates associated
with the catch limits for all three species all have acceptable
likelihoods of preventing overfishing in any of the next three years.
Alternative 3 for each species, contained the most restrictive
options (i.e., lowest total landing levels) for each fishery have the
highest potential adverse economic impacts on small entities in the
form of potential foregone fishing opportunities.. Some of the catch
limits associated with Alternatives 3 pre-date the ABC framework, thus
the information for these alternatives is presented in terms of landing
levels. Alternative 3 was not preferred by the Council of NMFS 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.
Alternative 4 contained the least restrictive catch limits for each
fishery and would have the lowest economic impacts on small entities.
This alternative is not consistent with the goals and objectives of the
FMP and the Magnuson-Stevens Act because it would implement catch
limits much higher than the recommendations of the Council's SSC. 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.
Alternative 2 (status quo), would maintain the current 2015 ABCs
for each fishery, and would, in the short-term, have negligible
economic impacts on small entities. For summer flounder and scup, this
alternative is not consistent with the goals and objectives of the FMP
and the Magnuson-Stevens Act because it would leave in place ABCs
higher than the recommendations of the Council's SSC. 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. For black sea bass, this alternative is more
restrictive than is necessary and would have unnecessary negative
economic impacts.
Likewise, a ``true'' no action alternative, wherein no quotas are
established for the coming fishing year, was excluded from analysis
because it is not consistent with the goals and objectives of the FMP
and the Magnuson-Stevens Act.
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.greateratlantic.fisheries.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 21, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2015-32562 Filed 12-24-15; 8:45 am]
BILLING CODE 3510-22-P
