Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2016, 51374-51379 [2016-18485]
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Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations
Description and Estimate of Number of
Small Entities to Which the Rule Would
Apply
On December 29, 2015, the National
Marine Fisheries Service (NMFS) issued
a final rule establishing a small business
size standard of $11 million in annual
gross receipts for all businesses
primarily engaged in the commercial
fishing industry (NAICS 11411) for
Regulatory Flexibility Act (RFA)
compliance purposes only (80 FR
81194, December 29, 2015). The $11
million standard became effective on
July 1, 2016, and is to be used in place
of the U.S. Small Business
Administration’s (SBA) current
standards of $20.5 million, $5.5 million,
and $7.5 million for the finfish (NAICS
114111), shellfish (NAICS 114112), and
other marine fishing (NAICS 114119)
sectors of the U.S. commercial fishing
industry in all NMFS rules subject to
the Regulatory Flexibility Act after July
1, 2016.
Pursuant to the Regulatory Flexibility
Act, and prior to July 1, 2016, an initial
regulatory flexibility analysis was
developed for this regulatory action
using SBA’s former size standards.
NMFS has reviewed the analyses
prepared for this regulatory action in
light of the new size standard. All of the
entities directly regulated by this
regulatory action are commercial finfish
fishing businesses. The new standard
could result in 13 fewer commercial
finfish businesses being considered
small.
Taking this change into consideration,
NMFS has identified no additional
significant alternatives that accomplish
statutory objectives and minimize any
significant economic impacts of the
proposed rule on small entities. Other
options considered by the Council,
including those that could have less of
an impact on small entities, fail to meet
one or more of these statutory objectives
and therefore cannot be implemented.
Further, the new size standard does not
affect the decision to prepare a FRFA as
opposed to a certification for this
regulatory action
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Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
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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 quota,
recreational harvest levels, and
possession limits is constrained by the
conservation objectives and derivation
formula set forth in the FMP and
implemented at 50 CFR part 648 under
the authority of the Magnuson-Stevens
Act. Furthermore, specifications must
be based on the best available scientific
information, consistent with National
Standard 2 of the Magnuson-Stevens
Act. With the specification options
considered, the measures in this final
rule are the only measures that both
satisfy these overarching regulatory and
statutory requirements while
minimizing, to the extent possible,
impacts on small entities. This rule
implements the specifications outlined
in Table 1. The impacts of the
specifications, as implemented by this
final rule, are not expected to
disproportionately impact large or small
entities.
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
Atlantic bluefish fishery.
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:
www.greateratlantic.fisheries.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 29, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–18424 Filed 8–1–16; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160301167–6658–02]
RIN 0648–BF89
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder,
Scup, and Black Sea Bass Fisheries;
Fishing Year 2016
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS is implementing
management measures for the 2016
summer flounder, scup, and black sea
bass recreational fisheries, changes to
the commercial scup incidental
possession limit, and two minor
corrections to the summer flounder
commercial fishery minimum mesh size
regulations. The implementing
regulations for these fisheries require
NMFS to publish recreational measures
for the fishing year. The intent of these
measures is to constrain recreational
catch to established limits and prevent
overfishing of the summer flounder,
scup, and black sea bass resources, to
reduce unnecessary commercial
discards by allowing more incidentally
caught scup to be retained by vessels,
and to correct inaccuracies within the
summer flounder mesh regulations.
DATES: Effective August 4, 2016.
ADDRESSES: Copies of the Supplemental
Information Report (SIR) and other
supporting documents for the
recreational harvest measures are
available from Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 N. State Street, Dover, DE 19901.
The recreational harvest measures
document is also accessible via the
Internet at: https://
www.greateratlantic.fisheries.noaa.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Elizabeth Scheimer, Fisheries
Management Specialist, (978) 281–9236.
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
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Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission, in consultation with the
New England and South Atlantic
Fishery Management Councils. States
manage these three species within 3
nautical miles (4.83 km) of their coasts,
under the Commission’s plan for
summer flounder, scup, and black sea
bass. The applicable species-specific
Federal regulations govern vessels and
individual fishermen fishing in Federal
waters of the exclusive economic zone
(EEZ), as well as vessels possessing a
Federal summer flounder, scup, or black
sea bass charter/party vessel permit,
regardless of where they fish.
A proposed rule to implement the
2016 Federal recreational management
measures (minimum fish size, season,
and possession limit) for the summer
flounder, scup, and black sea bass
fisheries, scup commercial possession
limit change, and summer flounder
mesh requirement clarifications was
published in the Federal Register on
May 23, 2016 (81 FR 32269), with a 15day comment period that ended on June
7, 2016. Comments received on the
proposed rule are summarized and
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responded to in the Comments and
Responses section found later in this
rule. Additional background and
information on the process to develop
the measures described is provided in
the preamble to the proposed rule and
is not repeated here.
2016 Recreational Management
Measures
NMFS is implementing the following
measures that would apply in the
Federal waters of the EEZ:
TABLE 1—SUMMARY OF 2016 SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS FEDERAL RECREATIONAL MANAGEMENT
MEASURES
Per-angler
possession
limit
Minimum size
Summer Flounder, through December 31, 2016 ................
Summer Flounder, beginning January 1, 2017 ...................
Scup .....................................................................................
Black Sea Bass ...................................................................
These measures apply to all federally
permitted party/charter vessels with
applicable summer flounder, scup, or
black sea bass permits, regardless of
where they fish, unless the state in
which they land implements measures
that are more restrictive. These
measures are intended to achieve, but
not exceed, the previously-established
recreational harvest limits for these
fisheries. See 80 FR 80689, published
December 28, 2015, for background
information on 2016 harvest limits.
Additional detail on the measures for
each species is provided below.
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Summer Flounder Recreational
Management Measures
NMFS is implementing conservation
equivalency to manage the 2016
summer flounder recreational fishery, as
recommended by the Council and
Commission. The 2016 recreational
harvest limit for summer flounder is
5.42 million lb (2,214 mt) and final
landings for 2015, as estimated by the
Marine Recreational Information
Program (MRIP), were 4.88 million lb
(2,096 mt). Maintaining the 2015
management measures is expected to
effectively constrain 2016 summer
flounder recreational landings and
prevent the recreational harvest limit
from being exceeded.
Conservation equivalency, as
established by Framework Adjustment 2
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Conservation equivalency—specific management measures determined by state of
landing (see Table 2)
18 inches (45.7 cm) .........
9 inches (22.9 cm) ...........
12.5 inches (31.8 cm) ......
4 fish ................................
50 fish ..............................
15 fish ..............................
(July 29, 2001; 66 FR 36208), allows
each state to establish its own
recreational management measures (perangler possession limits, minimum fish
size, and fishing seasons) to achieve its
state harvest limit partitioned by the
Commission from the coastwide
recreational harvest limit, as long as the
combined effect of all of the states’
management measures achieves the
same level of conservation as would
Federal coastwide measures. Framework
Adjustment 6 (July 26, 2006; 71 FR
42315) allowed states to form regions for
conservation equivalency in order to
minimize regulation differences for
anglers fishing in adjacent waters.
The Commission implemented
Addendum XXVII to its Summer
Flounder FMP to continue regional
conservation equivalency for fishing
year 2016. The Commission has adopted
the following mix of stand-alone state
and regions for summer flounder
measures: (1) Massachusetts; (2) Rhode
Island; (3) Connecticut and New York;
(4) New Jersey; (4) Delaware, Maryland,
and Virginia; and (5) North Carolina. In
order to provide the maximum amount
of flexibility and to continue to
adequately address the state-by-state
differences in fish availability, each
state in a region is required by the
Council and Commission to establish
fishing seasons of the same length, with
identical minimum fish sizes and
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May 1–September 30.
January 1–December 31.
May 15–September 21,
October 22–December
31.
possession limits. The Commission
certified, by letter dated June 7, 2016,
that the Addendum XXVII measures
implemented by individual states and
regions, when combined, are the
conservation equivalent of coastwide
measures that would be expected to
result in the recreational harvest limit
being achieved, but not exceeded. More
information on this addendum is
available from the Commission
(www.asmfc.org).
Based on the recommendation of the
Commission, we find that the
recreational summer flounder fishing
measures implemented for 2016 in state
waters are, collectively, the
conservation equivalent of the season,
minimum size, and possession limit
prescribed in §§ 648.104(b), 648.105,
and 648.106(a). According to
§ 648.107(a)(1), vessels subject to the
recreational fishing measures are not
subject to Federal measures, and instead
are subject to the recreational fishing
measures implemented by the state in
which they land. Section 648.107(a) is
amended through this rule to recognize
state-implemented measures as
conservation equivalent of the
coastwide recreational management
measures for 2016. The 2016 summer
flounder management measures adopted
by the individual states vary according
to the state of landing, as specified in
Table 2.
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TABLE 2—2016 COMMISSION-APPROVED CONSERVATION EQUIVALENT RECREATIONAL MANAGEMENT MEASURES FOR
SUMMER FLOUNDER
Minimum size
(inches)
State
Massachusetts ........................................................................................
Rhode Island ...........................................................................................
Connecticut .............................................................................................
CT shore program (46 designed shore sites) ........................................
New York ................................................................................................
New Jersey:
Coastal waters, east of Cape May COLREGS ...............................
1 shore program site .......................................................................
Delaware Bay, west of Cape May COLREGS ................................
Delaware .................................................................................................
Maryland .................................................................................................
PRFC ......................................................................................................
Virginia ....................................................................................................
North Carolina .........................................................................................
In addition, this action maintains the
current default coastwide measures (an
18-inch (45.7-cm) minimum size, 4-fish
possession limit, and May 1–September
30 open fishing season), that become
effective January 1, 2017, when the 2016
conservation equivalency program
expires. These measures will remain
effective until replaced by the 2017
recreational management measures in
the spring of next year.
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Scup Recreational Management
Measures
This rule maintains status quo scup
measures for the 2016 fishery: A 9-inch
(22.9-cm) minimum fish size, 50-fish
per person possession limit, and yearround season. The 2016 scup
recreational harvest limit is 6.09 million
lb (2,763 mt) and 2015 recreational
landings were 5.11 million lb (2,318
mt). Based on this, no changes in
measures are needed to ensure the 2016
recreational harvest limit is not
exceeded, and further liberalization of
the management measures was not
requested by the Council or
Commission.
Black Sea Bass Recreational
Management Measures
This rule implements a 12.5-inch
(31.8-cm) minimum size, 15-fish
possession limit, and open seasons of
May 15–September 21 and October 22–
December 31 in Federal waters. The
states of Maryland, Delaware, Virginia
and North Carolina have also adopted
these measures for state waters. New
Jersey, New York, Connecticut, Rhode
Island, and Massachusetts have adopted
different, more restrictive measures for
their state waters, as required by the
Commission’s Addendum XXVII to the
FMP. The Commission certified, by
letter dated June 7, 2016, that the
northern states (Massachusetts to New
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Possession limit
16
18
18
16
18
5 fish ..................
8 fish ..................
5 fish ..................
May 22–September 23.
May 1–December 31.
May 17–September 21.
5 fish ..................
May 17–September 21.
18
16
17
16
16
16
16
15
5
2
4
4
4
4
4
6
May 21–September 25.
May 21–September 25.
May 21–September 25.
January 1–December 31.
January 1–December 31.
January 1–December 31.
January 1–December 31.
January 1–December 31.
fish
fish
fish
fish
fish
fish
fish
fish
Jersey) have implemented measures
consistent with Addendum XXVII.
The Council and the Commission
made use of the preliminary MRIP
estimates when developing 2016
management measures. It was, at the
time of the development process, the
best available information. In some
years, the final MRIP estimates that are
typically available in April have been
slightly different than the preliminary
year-end estimates available in
February. The final 2015 MRIP
estimates, delayed until June 13, 2016,
are substantially different than the
preliminary information used by the
Council and Commission. The 2015
landings estimate increased from 3.62
(1,642 mt) to 3.97 million lb (1,801
mt)—a 350,000-lb (159-mt) increase.
This would necessitate a 30.2-percent
reduction from 2015 landings to
constrain 2016 catch to the 2.82 million
lb (1,279 mt) recreational harvest limit.
The preliminary information used by
the Council and Commission indicated
a 22.1-percent reduction in landings
was necessary.
The majority of black sea bass are
caught inside state waters from New
Jersey north. The Council and
Commission recommend maintaining
the 2015 management measures (12.5inch (31.8-cm) minimum fish size, 15fish possession limit with an open
season of May 15–September 21 and
October 22–December 31) in Federal
waters and for state waters in Delaware,
Maryland, Virginia, and North Carolina.
Because catch from Federal waters and
state waters from Delaware to North
Carolina is generally less than 8 percent
of the total catch, recreational measures
must necessarily focus on state waters
from New Jersey north. The Council and
Commission’s recommendations were
contingent on the northern states (New
Jersey north) implementing at least a 23-
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..................
..................
..................
..................
..................
..................
..................
..................
percent reduction to their state waters
measures through a Commission
Addendum. This approach also used the
accountability measure methods
developed for 2015. The accountability
measure has been triggered again for
2016; however, because the previously
developed and implemented approach
(i.e., maintaining Federal measures and
applying them in states from Delaware
south while states from New Jersey
north reduce landings to constrain
catch) is being maintained, no
additional measures are required for
2016.
The Council recommended a backup
coastwide measure of a 14-inch (35.56cm) minimum fish size and a 3-fish
possession limit with an open season of
July 15–September 15 to be
implemented in Federal waters and for
southern states only if the northern
states did not comply with the landingsreduction requirements of the
Commission’s Addendum. NMFS
received a letter from the Commission
on June 7, 2016, before the final MRIP
estimates were available, stating that the
northern states had developed and
implemented black sea bass measures
designed to achieve the required 23percent reduction in 2016 recreational
landings.
In response to the unexpected change
in the final MRIP estimates for black sea
bass, the Commission’s Black Sea Bass
Management Board held an emergency
teleconference on July 6, 2016, to
discuss the new MRIP estimates and to
consider additional management action.
In the discussion, Board members spoke
about challenges in making any
additional changes. They cited
administrative burdens and timing
complications of both receiving new
information so late in the fishing year
and difficulties implementing regulatory
changes quickly mid-season. Many
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reiterated that the backup coastwide
measures were intended to ensure states
complied with the addendum
requirements and were never
envisioned for implementation under
any other scenario. That is, backup
measures were only designed as an
incentive to ensure state compliance
and would only be used in the event
that states failed to implement the
addendum-required measures. Some
cited the potential for additional angler
and public disillusionment if additional
reductions were implemented mid-year.
Others stated that it is possible, given
the upcoming stock assessment, that
catches may be increased next or, at a
minimum, any regulatory changes could
be developed next year in response to
2016 catch and whatever information
results from the assessment. Ultimately,
the Board elected not to take any action
at this time. The existing measures
adopted under Addendum XXVII, when
evaluated with the final 2015 MRIP
estimates indicates that landings
reductions may be in the 24- to 25percent range as the new data changed
the effective reductions on a state-bystate basis. Some state measures are now
more restrictive than previously
believed, others are now more liberal.
NMFS is implementing the Council
recommended original suite of
measures, for the following reasons:
1. The Council and Commission
developed appropriate measures on
what was considered the best available
information at the time of their
decisionmaking processes. The backup
coastwide provisions (i.e., a 14-inch
(35.56-cm) minimum fish size and a 3fish possession limit with an open
season of July 15-September 15)
developed by the Council as a backstop
provision was designed for use only if
northern states did not develop
measures to achieve the required 23percent reduction in landings based on
the preliminary MRIP information.
Acting in good faith, the northern states
did comply with the provisions of
Addendum XXVII to the Commission’s
FMP. Using the coastwide provisions
would disproportionally affect the
southern states that adopt Federal
measures for their state waters while
doing little, if anything, to constrain
overall catch. The actual reduction in
landings from using the backstop would
not achieve a 30-percent reduction in
2016 landings.
2. The final MRIP data were released
substantially later than is normal and
were considerably different than the
preliminary estimates. It could not be
foreseen that final information would
increase 2015 landing estimates by
nearly 10 percent, nor could it be
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anticipated that final estimates would
be available much later than normal.
Final MRIP estimates for black sea bass,
usually released in mid-April, generally
vary 1–2 percent from the preliminary
estimates and in many years have been
lower than preliminary estimates, not
higher.
3. The 2016 recreational black sea
bass fishery is well underway. Even
acting quickly, several states indicated
during the July 6 Board teleconference
that they would be unable to implement
regulatory changes before the end of
summer. For many states, the fishery is
effectively over by mid-September.
Similarly, it is unlikely that an
emergency action by NMFS could be
implemented much more quickly.
Federal measures alone would be
insufficient to effectively reduce
landings because the majority of catch
occurs in northern state’s waters.
4. A comprehensive stock assessment
is scheduled for December 2016. Work
has already begun on this assessment.
NMFS is prepared to work quickly with
the Council and Commission to react to
new stock information as soon as it
becomes available in early 2017.
5. Further delay to implement
management measures would affect not
only black sea bass management, but
also scup and summer flounder. The
latter species, summer flounder,
currently lacks the conservation
equivalency determination for Federal
waters until a final rule is published in
the Federal Register. This would create
inconsistent measures in Federal and
state waters, confusion for the public,
and could lead to enforcement
problems.
Commercial Scup Incidental Possession
Limit Change
This rule increases the incidental
winter season (November 1–April 30)
scup commercial possession limit for
vessels using mesh smaller than 5.0
inches (12.7 cm) from 500 lb (227 kg) to
1,000 lb (454 kg). This change is
expected to allow vessels using small
mesh that take scup incidental to other
target species to convert some scup that
would otherwise be discarded to
landings. Vessels using mesh larger than
5 inches (12.7 cm) may continue to land
up to the targeted commercial fishery
possession limit according to the
applicable Federal and state rules.
Additional Regulatory Changes
This rule also corrects two errors in
the commercial summer flounder
regulations. The summer flounder
minimum mesh size regulations at
§ 648.108(a)(1) require that any vessel
landing or possessing more than 100 lb
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(45 kg) of summer flounder from May 1
through October 31, or 200 lb (91 kg) of
summer flounder from November 1
through April 30, use at least 5.5-inch
(14-cm) diamond or 6.0-inch (15-cm)
square mesh ‘‘throughout the body,
extension(s), and codend portion of the
net.’’ However, the turtle excluding
device (TED) regulations require
summer flounder trawls fishing in the
sea turtle protection area to have a TED
extension with webbing no larger than
3.5 inches (9 cm). This rule eliminates
the conflict between these two
regulations by specifying that the
minimum mesh size restrictions do not
apply to extensions needed to comply
with the TED regulations.
This rule also corrects an erroneous
reference to the Regional
Administrator’s authority to terminate
the fly net exemption after review. This
authority has been incorrectly listed at
§ 648.108(b)(3) and is corrected in this
rule to reference § 648.108(b)(2)(iv).
Comments and Responses
Three comments were received on
measures outlined in the May 23, 2016
(81 FR 32269), proposed rule. Two
comments received supported the scup
incidental trip limit increase contained
in this rule. Both noted this change will
assist fishermen in reducing regulatory
discards in small-mesh fisheries during
the November to April timeframe.
NMFS agrees and is implementing this
change as proposed.
The other comment received raised no
issues with any of the proposed
measures. Rather, the individual wanted
more information in the final rule about
what outreach and/or inclusion of
commercial and recreational
fishermen’s input occurred during the
development of the measures in this
rule.
As outlined in the SIR prepared by
the Council, the public had the
opportunity to provide comments
during the development of the 2016
catch limits, the 2016 recreational
management measures, and the scup
incidental trawl possession limits.
Opportunities for public participation,
including recreational and commercial
fishermen, occurred as part the
following meetings:
• Summer Flounder, Scup, and Black
Sea Bass Monitoring Committee
Meetings; September 23, 2015, and
November 7–10, 2015;
• Summer Flounder, Scup, and Black
Sea Bass Advisory Panel Meetings;
October 22, 2015, and November 17,
2015;
• Council meeting; December 8–10,
2015.
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Furthermore, the measures of this rule
have been subject to public comment
through proposed rulemaking, as
required under the Administrative
Procedure Act.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that the
2016 recreational management measures
and other specification measures of this
rule for the Summer Flounder, Scup,
and Black Sea Bass FMP are necessary
for the conservation and management of
the summer flounder, scup, and black
sea bass fisheries and that the measures
are consistent with the MagnusonStevens Fishery Conservation and
Management Act and other applicable
laws.
The Assistant Administrator for
Fisheries, NOAA, finds good cause to
waive the requirement for a 30-day
delay in effectiveness under the
provisions of section 553(d) of the
Administrative Procedure Act because a
delay in its effectiveness would not
serve any legitimate purpose, while
unfairly prejudicing federally permitted
charter/party vessels. Recreational
fisheries are already underway for
summer flounder, scup, and black sea
bass. Rulemaking has been delayed
while final information from the MRIP
program, provided many weeks later
than is typical, has been evaluated. The
Commission’s Black Sea Bass
Management Board met on July 6, 2016,
to discuss the updated MRIP estimates.
NMFS could not issue a final rule for
black sea bass measures until the
outcome of this meeting was known.
Because summer flounder fisheries
are already open prior to the publication
of this rule, additional delay will
disadvantage federally permitted
charter/party vessels that would be
restricted to the existing summer
flounder coastwide regulations (18-inch
(45.7-cm) minimum size and a 4-fish per
person possession limit) until the
Federal regulations implementing
conservation equivalency are effective.
This would unnecessarily disadvantage
federally permitted vessels, which
would be subject to the more restrictive
measures while state-licensed vessels
could be engaged in fishing activities
under this year’s management measures.
If this final rule were delayed for 30
days, the fishery would likely forego
some amount of landings and revenues
during the delay period. While these
restrictions would be alleviated after
this rule becomes effective, fishermen
may be not able to recoup the lost
economic opportunity of foregone trips
that would result from delaying the
effectiveness of this action.
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Finally, requiring a 30-day delay
before the final rule becomes effective
would not provide any benefit to the
regulated parties. Unlike actions that
require an adjustment period to comply
with new rules, charter/party operators
will not have to purchase new
equipment or otherwise expend time or
money to comply with these
management measures. Rather,
complying with this final rule simply
means adhering to the published
management measures for each relevant
species of fish while the charter/party
operators are engaged in fishing
activities.
For these reasons, the Assistant
Administrator finds good cause to waive
the 30-day delay and to implement this
rule upon publication in the Federal
Register.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
On December 29, 2015, the National
Marine Fisheries Service (NMFS) issued
a final rule establishing a small business
size standard of $11 million in annual
gross receipts for all businesses
primarily engaged in the commercial
fishing industry (NAICS 11411) for
Regulatory Flexibility Act (RFA)
compliance purposes only (80 FR
81194, December 29, 2015). The $11
million standard became effective on
July 1, 2016, and is to be used in place
of the U.S. Small Business
Administration’s (SBA) current
standards of $20.5 million, $5.5 million,
and $7.5 million for the finfish (NAICS
114111), shellfish (NAICS 114112), and
other marine fishing (NAICS 114119)
sectors of the U.S. commercial fishing
industry in all NMFS rules subject to
the RFA after July 1, 2016.
Pursuant to the Regulatory Flexibility
Act, and prior to July 1, 2016, a
certification was developed for this
regulatory action using SBA’s former
size standards. NMFS has reviewed the
analyses prepared for this regulatory
action in light of the new size standard.
All of the entities directly regulated by
this regulatory action are commercial
finfish fishing businesses. The new
standard could result in fewer
commercial finfish businesses being
considered small. However, NMFS has
determined that the new size standard
does not affect its decision to certify this
regulatory action. The action results in
essentially status quo measures for all
three fisheries and would have a
minimal, potentially slightly positive,
impact on all regulated entities
regardless of size.
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List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 29, 2016.
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. In § 648.107, paragraph (a)
introductory text is revised to read as
follows:
■
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by the states of Maine through North
Carolina for 2016 are the conservation
equivalent of the season, minimum size,
and possession limit prescribed in
§§ 648.102, 648.103, and 648.105(a),
respectively. This determination is
based on a recommendation from the
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission.
*
*
*
*
*
■ 3. In § 648.108, paragraph (a)(1) is
revised and paragraph (b)(3) is
redesignated as paragraph (b)(2)(iv).
The revision reads as follows:
§ 648.108 Summer flounder gear
restrictions.
(a) General. (1) Otter trawlers whose
owners are issued a summer flounder
permit and that land or possess 100 lb
(45.4 kg) or more of summer flounder
from May 1 through October 31, or 200
lb (90.7 kg) or more of summer flounder
from November 1 through April 30, per
trip, must fish with nets that have a
minimum mesh size of 5.5-inch (14.0cm) diamond or 6.0-inch (15.2-cm)
square mesh applied throughout the
body, extension(s), and codend portion
of the net, except as required in a TED
extension, in accordance with
§ 223.206(d)(2)(iii) of this title.
*
*
*
*
*
■ 4. In § 648.125, paragraph (a)(1) is
revised to read as follows:
§ 648.125
Scup gear restrictions.
(a) Trawl vessel gear restrictions—(1)
Minimum mesh size. No owner or
operator of an otter trawl vessel that is
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Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations
issued a scup moratorium permit may
possess more than 1,000 lb (454 kg) of
scup from November 1 through April
30, or more than 200 lb (91 kg) of scup
from May 1 through October 31, unless
fishing with nets that have a minimum
mesh size of 5.0-inch (12.7-cm)
diamond mesh, applied throughout the
codend for at least 75 continuous
meshes forward of the terminus of the
net, and all other nets are stowed and
not available for immediate use as
defined in § 648.2.
*
*
*
*
*
[FR Doc. 2016–18485 Filed 8–1–16; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150818742–6210–02]
RIN 0648–XE708
Fisheries of the Exclusive Economic
Zone Off Alaska; Dusky Rockfish in the
Western Regulatory Area of the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for dusky rockfish in the
Western Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the 2016 total
allowable catch of dusky rockfish in the
Western Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 1, 2016,
through 2400 hours, A.l.t., December 31,
2016.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2016 total allowable catch (TAC)
of dusky rockfish in the Western
Regulatory Area of the GOA is 173
metric tons (mt) as established by the
ehiers on DSK5VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
13:37 Aug 03, 2016
Jkt 238001
final 2016 and 2017 harvest
specifications for groundfish of the Gulf
of Alaska (81 FR 14740, March 18,
2016).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2016 TAC of dusky
rockfish in the Western Regulatory Area
of the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 100 mt, and is setting aside
the remaining 73 mt as bycatch to
support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for dusky rockfish in
the Western Regulatory Area of the
GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of directed fishing for
dusky rockfish in the Western
Regulatory Area of the GOA. NMFS was
unable to publish a notice providing
time for public comment because the
most recent, relevant data only became
available as of July 29, 2016.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 1, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–18524 Filed 8–1–16; 4:15 pm]
BILLING CODE 3510–22–P
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51379
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150818742–6210–02]
RIN 0648–XE706
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Western Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific ocean perch in the
Western Regulatory Area of the Gulf of
Alaska (GOA). This action is necessary
to prevent exceeding the 2016 total
allowable catch of Pacific ocean perch
in the Western Regulatory Area of the
GOA.
SUMMARY:
Effective 1200 hours, Alaska
local time (A.l.t.), August 1, 2016,
through 2400 hours, A.l.t., December 31,
2016.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2016 total allowable catch (TAC)
of Pacific ocean perch in the Western
Regulatory Area of the GOA is 2,737
metric tons (mt) as established by the
final 2016 and 2017 harvest
specifications for groundfish of the Gulf
of Alaska (81 FR 14740, March 18,
2016).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2016 TAC of Pacific
ocean perch in the Western Regulatory
Area of the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 2,637 mt, and is setting
aside 100 mt as bycatch to support other
anticipated groundfish fisheries. In
accordance with § 679.20(d)(1)(iii), the
DATES:
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]]>Agencies
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Rules and Regulations]
[Pages 51374-51379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18485]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160301167-6658-02]
RIN 0648-BF89
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2016
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing management measures for the 2016 summer
flounder, scup, and black sea bass recreational fisheries, changes to
the commercial scup incidental possession limit, and two minor
corrections to the summer flounder commercial fishery minimum mesh size
regulations. The implementing regulations for these fisheries require
NMFS to publish recreational measures for the fishing year. The intent
of these measures is to constrain recreational catch to established
limits and prevent overfishing of the summer flounder, scup, and black
sea bass resources, to reduce unnecessary commercial discards by
allowing more incidentally caught scup to be retained by vessels, and
to correct inaccuracies within the summer flounder mesh regulations.
DATES: Effective August 4, 2016.
ADDRESSES: Copies of the Supplemental Information Report (SIR) and
other supporting documents for the recreational harvest measures are
available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 N. State Street,
Dover, DE 19901. The recreational harvest measures document is also
accessible via the Internet at: https://www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Elizabeth Scheimer, Fisheries
Management Specialist, (978) 281-9236.
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
[[Page 51375]]
Fishery Management Council and the Atlantic States Marine Fisheries
Commission, in consultation with the New England and South Atlantic
Fishery Management Councils. States manage these three species within 3
nautical miles (4.83 km) of their coasts, under the Commission's plan
for summer flounder, scup, and black sea bass. The applicable species-
specific Federal regulations govern vessels and individual fishermen
fishing in Federal waters of the exclusive economic zone (EEZ), as well
as vessels possessing a Federal summer flounder, scup, or black sea
bass charter/party vessel permit, regardless of where they fish.
A proposed rule to implement the 2016 Federal recreational
management measures (minimum fish size, season, and possession limit)
for the summer flounder, scup, and black sea bass fisheries, scup
commercial possession limit change, and summer flounder mesh
requirement clarifications was published in the Federal Register on May
23, 2016 (81 FR 32269), with a 15-day comment period that ended on June
7, 2016. Comments received on the proposed rule are summarized and
responded to in the Comments and Responses section found later in this
rule. Additional background and information on the process to develop
the measures described is provided in the preamble to the proposed rule
and is not repeated here.
2016 Recreational Management Measures
NMFS is implementing the following measures that would apply in the
Federal waters of the EEZ:
Table 1--Summary of 2016 Summer Flounder, Scup, and Black Sea Bass Federal Recreational Management Measures
----------------------------------------------------------------------------------------------------------------
Per-angler possession
Minimum size limit Season
----------------------------------------------------------------------------------------------------------------
Summer Flounder, through December 31, Conservation equivalency--specific management measures determined by
2016. state of landing (see Table 2)
--------------------------------------------------------------------------
Summer Flounder, beginning January 1, 18 inches (45.7 cm).... 4 fish................. May 1-September 30.
2017.
Scup................................. 9 inches (22.9 cm)..... 50 fish................ January 1-December 31.
Black Sea Bass....................... 12.5 inches (31.8 cm).. 15 fish................ May 15-September 21,
October 22-December
31.
----------------------------------------------------------------------------------------------------------------
These measures apply to all federally permitted party/charter
vessels with applicable summer flounder, scup, or black sea bass
permits, regardless of where they fish, unless the state in which they
land implements measures that are more restrictive. These measures are
intended to achieve, but not exceed, the previously-established
recreational harvest limits for these fisheries. See 80 FR 80689,
published December 28, 2015, for background information on 2016 harvest
limits. Additional detail on the measures for each species is provided
below.
Summer Flounder Recreational Management Measures
NMFS is implementing conservation equivalency to manage the 2016
summer flounder recreational fishery, as recommended by the Council and
Commission. The 2016 recreational harvest limit for summer flounder is
5.42 million lb (2,214 mt) and final landings for 2015, as estimated by
the Marine Recreational Information Program (MRIP), were 4.88 million
lb (2,096 mt). Maintaining the 2015 management measures is expected to
effectively constrain 2016 summer flounder recreational landings and
prevent the recreational harvest limit from being exceeded.
Conservation equivalency, as established by Framework Adjustment 2
(July 29, 2001; 66 FR 36208), allows each state to establish its own
recreational management measures (per-angler possession limits, minimum
fish size, and fishing seasons) to achieve its state harvest limit
partitioned by the Commission from the coastwide recreational harvest
limit, as long as the combined effect of all of the states' management
measures achieves the same level of conservation as would Federal
coastwide measures. Framework Adjustment 6 (July 26, 2006; 71 FR 42315)
allowed states to form regions for conservation equivalency in order to
minimize regulation differences for anglers fishing in adjacent waters.
The Commission implemented Addendum XXVII to its Summer Flounder
FMP to continue regional conservation equivalency for fishing year
2016. The Commission has adopted the following mix of stand-alone state
and regions for summer flounder measures: (1) Massachusetts; (2) Rhode
Island; (3) Connecticut and New York; (4) New Jersey; (4) Delaware,
Maryland, and Virginia; and (5) North Carolina. In order to provide the
maximum amount of flexibility and to continue to adequately address the
state-by-state differences in fish availability, each state in a region
is required by the Council and Commission to establish fishing seasons
of the same length, with identical minimum fish sizes and possession
limits. The Commission certified, by letter dated June 7, 2016, that
the Addendum XXVII measures implemented by individual states and
regions, when combined, are the conservation equivalent of coastwide
measures that would be expected to result in the recreational harvest
limit being achieved, but not exceeded. More information on this
addendum is available from the Commission (www.asmfc.org).
Based on the recommendation of the Commission, we find that the
recreational summer flounder fishing measures implemented for 2016 in
state waters are, collectively, the conservation equivalent of the
season, minimum size, and possession limit prescribed in Sec. Sec.
648.104(b), 648.105, and 648.106(a). According to Sec. 648.107(a)(1),
vessels subject to the recreational fishing measures are not subject to
Federal measures, and instead are subject to the recreational fishing
measures implemented by the state in which they land. Section
648.107(a) is amended through this rule to recognize state-implemented
measures as conservation equivalent of the coastwide recreational
management measures for 2016. The 2016 summer flounder management
measures adopted by the individual states vary according to the state
of landing, as specified in Table 2.
[[Page 51376]]
Table 2--2016 Commission-Approved Conservation Equivalent Recreational Management Measures for Summer Flounder
----------------------------------------------------------------------------------------------------------------
Minimum size
State (inches) Possession limit Open season
----------------------------------------------------------------------------------------------------------------
Massachusetts........................... 16 5 fish.................... May 22-September 23.
Rhode Island............................ 18 8 fish.................... May 1-December 31.
Connecticut............................. 18 5 fish.................... May 17-September 21.
CT shore program (46 designed shore 16 ..........................
sites).
New York................................ 18 5 fish.................... May 17-September 21.
New Jersey:
Coastal waters, east of Cape May 18 5 fish.................... May 21-September 25.
COLREGS.
1 shore program site................ 16 2 fish.................... May 21-September 25.
Delaware Bay, west of Cape May 17 4 fish.................... May 21-September 25.
COLREGS.
Delaware................................ 16 4 fish.................... January 1-December 31.
Maryland................................ 16 4 fish.................... January 1-December 31.
PRFC.................................... 16 4 fish.................... January 1-December 31.
Virginia................................ 16 4 fish.................... January 1-December 31.
North Carolina.......................... 15 6 fish.................... January 1-December 31.
----------------------------------------------------------------------------------------------------------------
In addition, this action maintains the current default coastwide
measures (an 18-inch (45.7-cm) minimum size, 4-fish possession limit,
and May 1-September 30 open fishing season), that become effective
January 1, 2017, when the 2016 conservation equivalency program
expires. These measures will remain effective until replaced by the
2017 recreational management measures in the spring of next year.
Scup Recreational Management Measures
This rule maintains status quo scup measures for the 2016 fishery:
A 9-inch (22.9-cm) minimum fish size, 50-fish per person possession
limit, and year-round season. The 2016 scup recreational harvest limit
is 6.09 million lb (2,763 mt) and 2015 recreational landings were 5.11
million lb (2,318 mt). Based on this, no changes in measures are needed
to ensure the 2016 recreational harvest limit is not exceeded, and
further liberalization of the management measures was not requested by
the Council or Commission.
Black Sea Bass Recreational Management Measures
This rule implements a 12.5-inch (31.8-cm) minimum size, 15-fish
possession limit, and open seasons of May 15-September 21 and October
22-December 31 in Federal waters. The states of Maryland, Delaware,
Virginia and North Carolina have also adopted these measures for state
waters. New Jersey, New York, Connecticut, Rhode Island, and
Massachusetts have adopted different, more restrictive measures for
their state waters, as required by the Commission's Addendum XXVII to
the FMP. The Commission certified, by letter dated June 7, 2016, that
the northern states (Massachusetts to New Jersey) have implemented
measures consistent with Addendum XXVII.
The Council and the Commission made use of the preliminary MRIP
estimates when developing 2016 management measures. It was, at the time
of the development process, the best available information. In some
years, the final MRIP estimates that are typically available in April
have been slightly different than the preliminary year-end estimates
available in February. The final 2015 MRIP estimates, delayed until
June 13, 2016, are substantially different than the preliminary
information used by the Council and Commission. The 2015 landings
estimate increased from 3.62 (1,642 mt) to 3.97 million lb (1,801 mt)--
a 350,000-lb (159-mt) increase. This would necessitate a 30.2-percent
reduction from 2015 landings to constrain 2016 catch to the 2.82
million lb (1,279 mt) recreational harvest limit. The preliminary
information used by the Council and Commission indicated a 22.1-percent
reduction in landings was necessary.
The majority of black sea bass are caught inside state waters from
New Jersey north. The Council and Commission recommend maintaining the
2015 management measures (12.5-inch (31.8-cm) minimum fish size, 15-
fish possession limit with an open season of May 15-September 21 and
October 22-December 31) in Federal waters and for state waters in
Delaware, Maryland, Virginia, and North Carolina. Because catch from
Federal waters and state waters from Delaware to North Carolina is
generally less than 8 percent of the total catch, recreational measures
must necessarily focus on state waters from New Jersey north. The
Council and Commission's recommendations were contingent on the
northern states (New Jersey north) implementing at least a 23-percent
reduction to their state waters measures through a Commission Addendum.
This approach also used the accountability measure methods developed
for 2015. The accountability measure has been triggered again for 2016;
however, because the previously developed and implemented approach
(i.e., maintaining Federal measures and applying them in states from
Delaware south while states from New Jersey north reduce landings to
constrain catch) is being maintained, no additional measures are
required for 2016.
The Council recommended a backup coastwide measure of a 14-inch
(35.56-cm) minimum fish size and a 3-fish possession limit with an open
season of July 15-September 15 to be implemented in Federal waters and
for southern states only if the northern states did not comply with the
landings-reduction requirements of the Commission's Addendum. NMFS
received a letter from the Commission on June 7, 2016, before the final
MRIP estimates were available, stating that the northern states had
developed and implemented black sea bass measures designed to achieve
the required 23-percent reduction in 2016 recreational landings.
In response to the unexpected change in the final MRIP estimates
for black sea bass, the Commission's Black Sea Bass Management Board
held an emergency teleconference on July 6, 2016, to discuss the new
MRIP estimates and to consider additional management action. In the
discussion, Board members spoke about challenges in making any
additional changes. They cited administrative burdens and timing
complications of both receiving new information so late in the fishing
year and difficulties implementing regulatory changes quickly mid-
season. Many
[[Page 51377]]
reiterated that the backup coastwide measures were intended to ensure
states complied with the addendum requirements and were never
envisioned for implementation under any other scenario. That is, backup
measures were only designed as an incentive to ensure state compliance
and would only be used in the event that states failed to implement the
addendum-required measures. Some cited the potential for additional
angler and public disillusionment if additional reductions were
implemented mid-year. Others stated that it is possible, given the
upcoming stock assessment, that catches may be increased next or, at a
minimum, any regulatory changes could be developed next year in
response to 2016 catch and whatever information results from the
assessment. Ultimately, the Board elected not to take any action at
this time. The existing measures adopted under Addendum XXVII, when
evaluated with the final 2015 MRIP estimates indicates that landings
reductions may be in the 24- to 25-percent range as the new data
changed the effective reductions on a state-by-state basis. Some state
measures are now more restrictive than previously believed, others are
now more liberal.
NMFS is implementing the Council recommended original suite of
measures, for the following reasons:
1. The Council and Commission developed appropriate measures on
what was considered the best available information at the time of their
decisionmaking processes. The backup coastwide provisions (i.e., a 14-
inch (35.56-cm) minimum fish size and a 3-fish possession limit with an
open season of July 15-September 15) developed by the Council as a
backstop provision was designed for use only if northern states did not
develop measures to achieve the required 23-percent reduction in
landings based on the preliminary MRIP information. Acting in good
faith, the northern states did comply with the provisions of Addendum
XXVII to the Commission's FMP. Using the coastwide provisions would
disproportionally affect the southern states that adopt Federal
measures for their state waters while doing little, if anything, to
constrain overall catch. The actual reduction in landings from using
the backstop would not achieve a 30-percent reduction in 2016 landings.
2. The final MRIP data were released substantially later than is
normal and were considerably different than the preliminary estimates.
It could not be foreseen that final information would increase 2015
landing estimates by nearly 10 percent, nor could it be anticipated
that final estimates would be available much later than normal. Final
MRIP estimates for black sea bass, usually released in mid-April,
generally vary 1-2 percent from the preliminary estimates and in many
years have been lower than preliminary estimates, not higher.
3. The 2016 recreational black sea bass fishery is well underway.
Even acting quickly, several states indicated during the July 6 Board
teleconference that they would be unable to implement regulatory
changes before the end of summer. For many states, the fishery is
effectively over by mid-September. Similarly, it is unlikely that an
emergency action by NMFS could be implemented much more quickly.
Federal measures alone would be insufficient to effectively reduce
landings because the majority of catch occurs in northern state's
waters.
4. A comprehensive stock assessment is scheduled for December 2016.
Work has already begun on this assessment. NMFS is prepared to work
quickly with the Council and Commission to react to new stock
information as soon as it becomes available in early 2017.
5. Further delay to implement management measures would affect not
only black sea bass management, but also scup and summer flounder. The
latter species, summer flounder, currently lacks the conservation
equivalency determination for Federal waters until a final rule is
published in the Federal Register. This would create inconsistent
measures in Federal and state waters, confusion for the public, and
could lead to enforcement problems.
Commercial Scup Incidental Possession Limit Change
This rule increases the incidental winter season (November 1-April
30) scup commercial possession limit for vessels using mesh smaller
than 5.0 inches (12.7 cm) from 500 lb (227 kg) to 1,000 lb (454 kg).
This change is expected to allow vessels using small mesh that take
scup incidental to other target species to convert some scup that would
otherwise be discarded to landings. Vessels using mesh larger than 5
inches (12.7 cm) may continue to land up to the targeted commercial
fishery possession limit according to the applicable Federal and state
rules.
Additional Regulatory Changes
This rule also corrects two errors in the commercial summer
flounder regulations. The summer flounder minimum mesh size regulations
at Sec. 648.108(a)(1) require that any vessel landing or possessing
more than 100 lb (45 kg) of summer flounder from May 1 through October
31, or 200 lb (91 kg) of summer flounder from November 1 through April
30, use at least 5.5-inch (14-cm) diamond or 6.0-inch (15-cm) square
mesh ``throughout the body, extension(s), and codend portion of the
net.'' However, the turtle excluding device (TED) regulations require
summer flounder trawls fishing in the sea turtle protection area to
have a TED extension with webbing no larger than 3.5 inches (9 cm).
This rule eliminates the conflict between these two regulations by
specifying that the minimum mesh size restrictions do not apply to
extensions needed to comply with the TED regulations.
This rule also corrects an erroneous reference to the Regional
Administrator's authority to terminate the fly net exemption after
review. This authority has been incorrectly listed at Sec.
648.108(b)(3) and is corrected in this rule to reference Sec.
648.108(b)(2)(iv).
Comments and Responses
Three comments were received on measures outlined in the May 23,
2016 (81 FR 32269), proposed rule. Two comments received supported the
scup incidental trip limit increase contained in this rule. Both noted
this change will assist fishermen in reducing regulatory discards in
small-mesh fisheries during the November to April timeframe. NMFS
agrees and is implementing this change as proposed.
The other comment received raised no issues with any of the
proposed measures. Rather, the individual wanted more information in
the final rule about what outreach and/or inclusion of commercial and
recreational fishermen's input occurred during the development of the
measures in this rule.
As outlined in the SIR prepared by the Council, the public had the
opportunity to provide comments during the development of the 2016
catch limits, the 2016 recreational management measures, and the scup
incidental trawl possession limits. Opportunities for public
participation, including recreational and commercial fishermen,
occurred as part the following meetings:
Summer Flounder, Scup, and Black Sea Bass Monitoring
Committee Meetings; September 23, 2015, and November 7-10, 2015;
Summer Flounder, Scup, and Black Sea Bass Advisory Panel
Meetings; October 22, 2015, and November 17, 2015;
Council meeting; December 8-10, 2015.
[[Page 51378]]
Furthermore, the measures of this rule have been subject to public
comment through proposed rulemaking, as required under the
Administrative Procedure Act.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
the 2016 recreational management measures and other specification
measures of this rule for the Summer Flounder, Scup, and Black Sea Bass
FMP are necessary for the conservation and management of the summer
flounder, scup, and black sea bass fisheries and that the measures are
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
The Assistant Administrator for Fisheries, NOAA, finds good cause
to waive the requirement for a 30-day delay in effectiveness under the
provisions of section 553(d) of the Administrative Procedure Act
because a delay in its effectiveness would not serve any legitimate
purpose, while unfairly prejudicing federally permitted charter/party
vessels. Recreational fisheries are already underway for summer
flounder, scup, and black sea bass. Rulemaking has been delayed while
final information from the MRIP program, provided many weeks later than
is typical, has been evaluated. The Commission's Black Sea Bass
Management Board met on July 6, 2016, to discuss the updated MRIP
estimates. NMFS could not issue a final rule for black sea bass
measures until the outcome of this meeting was known.
Because summer flounder fisheries are already open prior to the
publication of this rule, additional delay will disadvantage federally
permitted charter/party vessels that would be restricted to the
existing summer flounder coastwide regulations (18-inch (45.7-cm)
minimum size and a 4-fish per person possession limit) until the
Federal regulations implementing conservation equivalency are
effective. This would unnecessarily disadvantage federally permitted
vessels, which would be subject to the more restrictive measures while
state-licensed vessels could be engaged in fishing activities under
this year's management measures. If this final rule were delayed for 30
days, the fishery would likely forego some amount of landings and
revenues during the delay period. While these restrictions would be
alleviated after this rule becomes effective, fishermen may be not able
to recoup the lost economic opportunity of foregone trips that would
result from delaying the effectiveness of this action.
Finally, requiring a 30-day delay before the final rule becomes
effective would not provide any benefit to the regulated parties.
Unlike actions that require an adjustment period to comply with new
rules, charter/party operators will not have to purchase new equipment
or otherwise expend time or money to comply with these management
measures. Rather, complying with this final rule simply means adhering
to the published management measures for each relevant species of fish
while the charter/party operators are engaged in fishing activities.
For these reasons, the Assistant Administrator finds good cause to
waive the 30-day delay and to implement this rule upon publication in
the Federal Register.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
On December 29, 2015, the National Marine Fisheries Service (NMFS)
issued a final rule establishing a small business size standard of $11
million in annual gross receipts for all businesses primarily engaged
in the commercial fishing industry (NAICS 11411) for Regulatory
Flexibility Act (RFA) compliance purposes only (80 FR 81194, December
29, 2015). The $11 million standard became effective on July 1, 2016,
and is to be used in place of the U.S. Small Business Administration's
(SBA) current standards of $20.5 million, $5.5 million, and $7.5
million for the finfish (NAICS 114111), shellfish (NAICS 114112), and
other marine fishing (NAICS 114119) sectors of the U.S. commercial
fishing industry in all NMFS rules subject to the RFA after July 1,
2016.
Pursuant to the Regulatory Flexibility Act, and prior to July 1,
2016, a certification was developed for this regulatory action using
SBA's former size standards. NMFS has reviewed the analyses prepared
for this regulatory action in light of the new size standard. All of
the entities directly regulated by this regulatory action are
commercial finfish fishing businesses. The new standard could result in
fewer commercial finfish businesses being considered small. However,
NMFS has determined that the new size standard does not affect its
decision to certify this regulatory action. The action results in
essentially status quo measures for all three fisheries and would have
a minimal, potentially slightly positive, impact on all regulated
entities regardless of size.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 29, 2016.
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. In Sec. 648.107, paragraph (a) introductory text is revised to read
as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by the states of Maine
through North Carolina for 2016 are the conservation equivalent of the
season, minimum size, and possession limit prescribed in Sec. Sec.
648.102, 648.103, and 648.105(a), respectively. This determination is
based on a recommendation from the Summer Flounder Board of the
Atlantic States Marine Fisheries Commission.
* * * * *
0
3. In Sec. 648.108, paragraph (a)(1) is revised and paragraph (b)(3)
is redesignated as paragraph (b)(2)(iv).
The revision reads as follows:
Sec. 648.108 Summer flounder gear restrictions.
(a) General. (1) Otter trawlers whose owners are issued a summer
flounder permit and that land or possess 100 lb (45.4 kg) or more of
summer flounder from May 1 through October 31, or 200 lb (90.7 kg) or
more of summer flounder from November 1 through April 30, per trip,
must fish with nets that have a minimum mesh size of 5.5-inch (14.0-cm)
diamond or 6.0-inch (15.2-cm) square mesh applied throughout the body,
extension(s), and codend portion of the net, except as required in a
TED extension, in accordance with Sec. 223.206(d)(2)(iii) of this
title.
* * * * *
0
4. In Sec. 648.125, paragraph (a)(1) is revised to read as follows:
Sec. 648.125 Scup gear restrictions.
(a) Trawl vessel gear restrictions--(1) Minimum mesh size. No owner
or operator of an otter trawl vessel that is
[[Page 51379]]
issued a scup moratorium permit may possess more than 1,000 lb (454 kg)
of scup from November 1 through April 30, or more than 200 lb (91 kg)
of scup from May 1 through October 31, unless fishing with nets that
have a minimum mesh size of 5.0-inch (12.7-cm) diamond mesh, applied
throughout the codend for at least 75 continuous meshes forward of the
terminus of the net, and all other nets are stowed and not available
for immediate use as defined in Sec. 648.2.
* * * * *
[FR Doc. 2016-18485 Filed 8-1-16; 4:15 pm]
BILLING CODE 3510-22-P
