Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder and Scup Fisheries; Fishing Year 2017, 18411-18415 [2017-07886]
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Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Proposed Rules
Finding
Based on our review of the petition
and sources cited in the petition, we
find that the petition does not present
substantial scientific or commercial
information indicating that listing the
Florida black bear may be warranted.
Because the petition does not present
substantial information indicating that
listing the Florida black bear may be
warranted, we are not initiating a status
review of this species in response to this
petition. However, we ask that the
public submit to us any new
information that becomes available
concerning the status of, or threats to,
this species or its habitat at any time
(see Table 3, below).
The basis for our finding on this
petition, and other information
regarding our review of this petition,
can be found as an appendix at https://
www.regulations.gov under Docket No.
FWS–R4–ES–2017–0015 under the
Supporting Documents section.
Evaluation of a Petition To Reclassify
the Mojave Population of the Desert
Tortoise as an Endangered Species
Under the Act
Species and Range
Desert tortoise (Gopherus agassizii)
(Mojave population): Arizona,
California, Nevada, and Utah.
The Mojave population of the desert
tortoise was listed as a threatened
species on April 2, 1990 (55 FR 12178).
Petition History
On July 2, 2002, we received a
petition dated June 28, 2002, from Mr.
Craig Dremann requesting that the
threatened Mojave population of the
desert tortoise be emergency reclassified
as endangered under the Act. The
petition clearly identified itself as such
and included the requisite identification
information for the petitioner, required
at former 50 CFR 424.14(a). This finding
addresses the petition.
Finding
Based on our review of the petition
and sources cited in the petition, we
18411
find that the petition does not present
substantial scientific or commercial
information indicating that reclassifying
the Mojave population of the desert
tortoise may be warranted. Because the
petition does not present substantial
information indicating that reclassifying
the Mojave population of the desert
tortoise may be warranted, we are not
initiating a status review of this species
in response to this petition. However,
we ask that the public submit to us any
new information that becomes available
concerning the status of, or threats to,
this species or its habitat at any time
(see Table 3, below).
The basis for our finding on this
petition, and other information
regarding our review of this petition can
be found as an appendix at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2017–0009 under the
Supporting Documents section.
Contacts
Contact information is provided
below in Table 3 for the not-substantial
findings.
TABLE 3—CONTACTS
Common name
Contact person
Florida black bear .....................................................................................
Mojave population of the desert tortoise ..................................................
Andreas Moshogianis, 404–679–7119; andreas_moshogianis@fws.gov
Arnold Roessler, 916–414–6613; arnold_roessler@fws.gov
If you use a telecommunications
device for the deaf (TDD), please call the
Federal Relay Service (FIRS) at 800–
877–8339.
[FR Doc. 2017–07942 Filed 4–18–17; 8:45 am]
Conclusion
BILLING CODE 4333–15–P
On the basis of our evaluation of the
information presented in the petitions
under section 4(b)(3)(A) of the Act, we
have determined that the petitions
referenced above for the Florida black
bear and the Mojave population of the
desert tortoise do not present substantial
scientific or commercial information
indicating that the requested actions
may be warranted. Therefore, we are not
initiating status reviews for these
species.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Authors
The primary authors of this notice are
staff members of the Ecological Services
Program, U.S. Fish and Wildlife Service.
Authority
The authority for these actions is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
VerDate Sep<11>2014
Dated: April 10, 2017.
James W. Kurth,
Acting, Director, U.S. Fish and Wildlife
Service.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170314268–7268–01]
RIN 0648–BG68
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder
and Scup Fisheries; Fishing Year 2017
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes management
measures for the 2017 summer flounder
SUMMARY:
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and scup recreational fisheries. The
implementing regulations for these
fisheries require NMFS to publish
recreational measures for the fishing
year and to provide an opportunity for
public comment. The intent of these
measures is to constrain recreational
catch to established limits and prevent
overfishing of the summer flounder and
scup resources. We are proposing the
2017 management measures and revised
specifications for the recreational black
sea bass fishery in separate actions.
DATES: Comments must be received by
5 p.m. local time, on May 4, 2017.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0022, by either of the
following methods:
Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
• Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170022,
• Click the ‘‘Comment Now!’’ icon,
complete the required fields
• Enter or attach your comments.
Or
Mail: Submit written comments to
John Bullard, Regional Administrator,
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Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Proposed Rules
Greater Atlantic Region, 55 Great
Republic Drive, Gloucester, MA 01930.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
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:
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Peter Burns, Fishery Policy Analyst,
(978) 281–9144.
SUPPLEMENTARY INFORMATION:
Summary of Proposed Management
Measures
In this rule, NMFS proposes
management measures for the 2017
summer flounder and scup recreational
fisheries consistent with the
recommendations of the Mid-Atlantic
Fishery Management Council and the
Atlantic States Marine Fisheries
Commission. To allow for consideration
of the results of a new black sea bass
benchmark stock assessment released in
early 2017, the Council is addressing
revised black sea bass specifications and
recreational management measures
separately from the summer flounder
and scup recreational fisheries.
Accordingly, we are proposing the
revised specifications and 2017
recreational management measures for
black sea bass in separate rulemakings.
NMFS is proposing measures that
would apply in the Federal waters of the
exclusive economic zone (EEZ). These
measures apply to all federallypermitted party/charter vessels with
applicable summer flounder and scup
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
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previously established 2017 recreational
harvest limits for scup through a final
rule published on December 28, 2015
(80 FR 80689), and for summer flounder
in a final rule that published on
December 22, 2016 (81 FR 93842).
The 2017 summer flounder
recreational harvest limit is 3.77 million
lb (1,710 mt), a decrease from the 2016
harvest limit of 5.42 million lb (2,458
mt). Preliminary estimates indicate that
the 2016 recreational landings are 6.38
million lb (2,893 mt). These 2016
projected landings are based on
preliminary Marine Recreational
Information Program estimates through
Wave 6 (November and December 2016).
Accordingly, more restrictive
management measures are necessary in
2017 to reduce landings by
approximately 41 percent, compared to
2016 landings, to ensure that the
landings do not exceed the recreational
harvest limit.
For summer flounder, we are
proposing to continue the use of
conservation equivalency measures to
all the states, through the Commission,
to determine the most appropriate
measures to constrain the landings to
the 2017 recreational harvest limit. We
also propose a suite of non-preferred
coastwide measures that would
constrain landings to the 2017
recreational harvest limits should we
not adopt the conservation equivalency
approach recommended by the Council
and Commission and serve as a
benchmark for regional conservation
equivalency proposals. Should we
approve the use of conservation
equivalency, we will simply waive the
coastwide measures for vessels fishing
in Federal waters, provided the vessel’s
state has implemented measures
approved through the Commission
process. In addition, we propose a set of
precautionary default measures that a
state or region must implement if they
fail to provide measures that are
consistent with the Commission plan.
We are not proposing any changes to
the recreational measures for the 2017
recreational scup fishery, as the current
suite of management measures are
expected to effectively constrain
landings to the 2017 recreational harvest
limit.
The specific management measures
for both fisheries are further described
below in this preamble. All proposed
minimum fish sizes are total length
measurements of the fish, i.e., the
straight-line distance from the tip of the
snout to the end of the tail while the fish
is lying on its side. All proposed
possession limits are per person per
trip.
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Background and Management Process
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 Council and the
Commission, in consultation with the
New England and South Atlantic
Fishery Management Councils. 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, and scup (Stenotomus
chrysops) and black sea bass
(Centropristis striata) in U.S. waters of
the Atlantic Ocean from 35° 13.3′ N. lat.
(the approximate latitude of Cape
Hatteras, North Carolina). 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 EEZ, as well as vessels
possessing a summer flounder, scup, or
black sea bass Federal charter/party
vessel permit, regardless of where they
fish.
Recreational Management Measures
Process
The Council process for
recommending recreational
management measures to NMFS for
rulemaking is generically described
below. All meetings are open to the
public and the materials utilized during
such meetings, as well as any
documents created to summarize the
meeting results, are public information
and posted on the Council’s Web site
(www.mafmc.org) or are available from
the Council by request. Therefore,
extensive background on the 2017
recreational management measures
recommendation process is not repeated
in this preamble.
The FMP established monitoring
committees for the three fisheries,
consisting of representatives from the
Commission, the Council, state marine
fishery agency representatives from
Massachusetts to North Carolina, and
NMFS. The FMP’s implementing
regulations require the monitoring
committees to review scientific and
other relevant information annually.
The objective of this review is to
recommend management measures to
the Council that will constrain landings
within the recreational harvest limits
established for the three fisheries for the
upcoming fishing year. The FMP limits
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jstallworth on DSK7TPTVN1PROD with PROPOSALS
the choices for the types of measures to
minimum fish size, per angler
possession limit, and fishing season.
The Council’s Demersal Species
Committee and the Commission’s
Summer Flounder, Scup, and Black Sea
Bass Management Board then consider
the monitoring committees’
recommendations and any public
comment in making their
recommendations to the Council and
the Commission, respectively. The
Council reviews the recommendations
of the Demersal Species Committee,
makes its own recommendations, and
forwards them to NMFS for review. The
Commission similarly adopts
recommendations for the states. NMFS
is required to review the Council’s
recommendations to ensure that they
are consistent with the targets specified
for each species in the FMP and all
applicable laws and Executive Orders
before ultimately implementing
measures for Federal waters.
Commission measures are final at the
time they are adopted.
Summer Flounder Conservation
Equivalency Process
Conservation equivalency, as
established by Framework Adjustment 2
(July 29, 2001; 66 FR 36208), allows
each state to establish its own
recreational management measures
(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 differences in regulations for
anglers fishing in adjacent waters.
The Council and Board annually
recommend that either state- or regionspecific recreational measures be
developed (conservation equivalency) or
that coastwide management measures be
implemented to ensure that the
recreational harvest limit will not be
exceeded. Even when the Council and
Board recommend conservation
equivalency, the Council must specify a
set of coastwide measures that would
apply if conservation equivalency is not
approved for use in Federal waters.
When conservation equivalency is
recommended, and following
confirmation that the proposed state or
regional measures developed through
the Commission’s technical and policy
review processes achieve conservation
equivalency, NMFS may waive the
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permit condition found at § 648.4(b),
which requires Federal permit holders
to comply with the more restrictive
management measures when state and
Federal measures differ. In such a
situation, federally permitted summer
flounder charter/party permit holders
and individuals fishing for summer
flounder in the EEZ would then be
subject to the recreational fishing
measures implemented by the state in
which they land summer flounder,
rather than the coastwide measures.
In addition, the Council and the
Board must recommend precautionary
default measures when recommending
conservation equivalency. The
Commission would require adoption of
the precautionary default measures by
any state that either does not submit a
summer flounder management proposal
to the Commission’s Summer Flounder
Technical Committee, or that submits
measures that would exceed the
Commission-specified harvest limit for
that state.
Much of the conservation equivalency
measures development process happens
at both the Commission and the
individual state level. The selection of
appropriate data and analytical
techniques for technical review of
potential state conservation equivalent
measures and the process by which the
Commission evaluates and recommends
proposed conservation equivalent
measures are wholly a function of the
Commission and its individual member
states. Individuals seeking information
regarding the process to develop
specific state measures or the
Commission process for technical
evaluation of proposed measures should
contact the marine fisheries agency in
the state of interest, the Commission, or
both.
Once the states and regions select
their final 2017 summer flounder
management measures through their
respective development, analytical, and
review processes and submit them to
the Commission, the Commission will
conduct further review and evaluation
of the submitted proposals, ultimately
notifying NMFS as to which proposals
have been approved or disapproved.
NMFS has no overarching authority in
the development of state or Commission
management measures, but is an equal
participant along with all the member
states in the review process. NMFS
neither approves nor implements
individual states’ measures, but retains
the final authority either to approve or
to disapprove the use of conservation
equivalency in place of the coastwide
measures in Federal waters, and will
publish its determination as a final rule
in the Federal Register to establish the
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2017 recreational measures for these
fisheries.
2017 Summer Flounder Recreational
Management Measures
NMFS proposes to implement the
Council’s and Commission’s
recommendation to use conservation
equivalency to manage the 2017
summer flounder recreational fishery.
The Council and Commission approved
this approach at their joint meeting,
held in December 2016. Consequently,
in February 2017, the Board adopted
Addendum XXVIII to its Summer
Flounder FMP to continue regional
conservation equivalency for fishing
year 2017. The Commission has adopted
the following regions, which are
consistent with the 2016 regions: (1)
Massachusetts; (2) Rhode Island; (3)
Connecticut and New York; (4) New
Jersey; (4) Delaware, Maryland, and
Virginia; and (5) North Carolina. 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 will need to
certify that these measures, in
combination, 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).
NMFS proposes a suite of nonpreferred coastwide measures,
consistent with those adopted by the the
Council and Board for implementation
in 2017. Under conservation
equivalency, the cumulative impact of
the regional recreational measures
should achieve the same constraints on
harvest as the non-preferred coastwide
measures. For 2017, non-preferred
coastwide measures approved by the
Council and Board are a 19-inch (48.3cm) minimum fish size, a 4-fish per
person possession limit, and an open
season from June 1 through September
15. These measures are expected to
constrain the overall recreational
landings to the 2017 recreational harvest
limit. If a jurisdiction’s measures do not
achieve the level of conservation
required by the Commission, that state
or region must implement the
precautionary default measures. The
2017 precautionary default measures
recommended by the Council and Board
and proposed herein are a 20.0-inch
(50.8-cm) minimum fish size, a 2-fish
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per person possession limit, and an
open season of July 1 through August
31, 2017.
States and regions submitted their
respective management measures to the
Commission in March 2017. In a letter
to the Greater Atlantic Regional
Administrator dated April 5, 2017, the
Commission informed us that it has
reviewed the regional management
proposals and determined that the
proposals are sufficient to constrain
landings to the 2017 recreational harvest
limit.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Scup Recreational Management
Measures
The 2017 scup recreational harvest
limit is 5.50 million lb (2,494 mt) and
2016 recreational landings are currently
estimated at 5.40 million lb (2,449 mt).
The status quo management measures
are a 9-inch (22.9-cm) minimum fish
size, 50-fish per person possession limit,
and year-round season. The Council
recommends maintaining the existing
management measures, as no changes
are needed to ensure the 2017
recreational harvest limit is not
exceeded, and further liberalization of
the management measures is not
requested or advisable. As a result, we
are not proposing, for 2017, any changes
to the current scup recreational
management measures.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator has determined that this
proposed rule is consistent with the
Summer Flounder, Scup, and Black Sea
Bass FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared by the
Council, as required by section 603 of
the Regulatory Flexibility Act (RFA), to
examine the impacts of these proposed
specifications on small business
entities, if adopted. A description of the
specifications, why they are being
considered, and the legal basis for
proposing and implementing
specifications for the summer flounder
fishery are contained in the preamble to
this proposed rule. A copy of the
detailed RFA analysis is available from
NMFS or the Council (see ADDRESSES).
The Council’s analysis made use of
quantitative approaches when possible.
Where quantitative data on revenues or
other business-related metrics that
would provide insight to potential
impacts were not available to inform the
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analyses, qualitative analyses were
conducted. A summary of the 2017
summer flounder recreational fishery
management measures RFA analysis
follows.
The Council conducted an evaluation
of the potential socioeconomic impacts
of the proposed measures in
conjunction with a SIR. Because no
regulatory changes are proposed that
would affect the recreational scup
fishery, they are not considered in the
evaluation. The proposed measures
would continue the use of conservation
equivalency for summer flounder and
maintain the existing scup recreational
management measures.
Description of the Reasons Why Action
by the Agency Is Being Considered, and
a Statement of the Objectives of, and
Legal Basis for, This Proposed Rule
This action proposes recreational
harvest measures for the summer
flounder and scup fisheries, intented to
constrain the fisheries to the
recreational harvest limits established
for 2017. This action would maintain
the current recreational management
meausures for the 2017 recreational
scup fishery and proposes the
continuation of conservation
equivalency, including non-preferred
coastwide measures and precautionary
default measures, for the 2017
recreational summer flounder fishery. A
complete description of the action, why
it is being considered, and the legal
basis for this action are contained in the
preamble to this proposed rule, and are
not repeated here.
Description and Estimate of the Number
of Small Entities to Which the Proposed
Rule Would Apply
A business primarily engaged in forhire fishing activity is classified as a
small business if it has combined
annual receipts not in excess of $7.5
million (NAICS 11411) for Regulatory
Flexibility Act (RFA) compliance
purposes only. The North American
Industry Classification System (NAICS)
is the standard used by Federal
statistical agencies in classifying
business establishments for the purpose
of collecting, analyzing, and publishing
statistical data related to the U.S.
business economy.
This proposed rule affects recreational
fish harvesting entities engaged in the
summer flounder fishery. Individuallypermitted vessels may hold permits for
several fisheries, harvesting species of
fish that are regulated by several
different FMPs, even beyond those
impacted by the proposed action.
Furthermore, multiple-permitted vessels
and/or permits may be owned by
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entities affiliated by stock ownership,
common management, identity of
interest, contractual relationships, or
economic dependency. For the purposes
of the RFA analysis, the ownership
entities, not the individual vessels, are
considered to be the regulated entities.
Ownership entities are defined as
those entities with common ownership
personnel as listed on the permit
application. Only permits with identical
ownership personnel are categorized as
an ownership entity. For example, if
five permits have the same seven
persons listed as co-owners on their
permit applications, those seven
persons would form one ownership
entity that holds those five permits. If
two of those seven owners also co-own
additional vessels, that ownership
arrangement would be considered a
separate ownership entity for the
purpose of this analysis.
The current ownership data set used
for this analysis is based on calendar
year 2015 (the most recent complete
year available) and contains average
gross sales associated with those
permits for calendar years 2013 through
2015.
A description of the specific permits
that are likely to be impacted by this
action is provided below, along with a
discussion of the impacted businesses,
which can include multiple vessels and/
or permit types.
The ownership data for the for-hire
fleet indicate that there were 411 forhire affiliate firms generating revenues
from fishing recreationally for various
species during the 2013–2015 period, all
of which are categorized as small
businesses. Although it is not possible
to derive what proportion of the overall
revenues came from specific fishing
activities, given the popularity of
summer flounder as a recreational
species, it is likely that revenues
generated from summer flounder
recreational fishing are important for
some, if not all, of these firms. The
three-year average (2013–2015) gross
receipts for these small entities ranged
from $10,000 for 121 entities to over $1
million for 10 entites (highest value was
$2.7 million).
Description of the Projected Reporting,
Record-Keeping, and Other Compliance
Requirements of This Proposed Rule
There are no new reporting or
recordkeeping requirements contained
in any of the alternatives considered for
this action.
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Federal Rules Which May Duplicate,
Overlap, or Conflict With This Proposed
Rule
NMFS is not aware of any relevant
Federal rules that may duplicate,
overlap, or conflict with this proposed
rule.
jstallworth on DSK7TPTVN1PROD with PROPOSALS
Description of Significant Alternatives
to the Proposed Action Which
Accomplish the Stated Objectives of
Applicable Statutes and Which
Minimize Any Significant Economic
Impact on Small Entities
The proposed measures are designed
to result in a 41-percent reduction in
harvest, compared to 2016, requiring
more restrictive measures that could
include higher minimum size limits,
lower possession limits, and shorter
fishing seasons. Business entities that
hold charter/party permits and are
active participants in the fishery may be
affected if the public demand for
summer flounder fishing decreases as a
result of more restrictive size limits,
possession limits, and season length.
Similar effects could result under the
non-preferred approach that would
enact coastwide measures in Federal
waters. Like the conservation
equivalency approach, coastwide
measures would result in harvest
restrictions, compared to 2016, to
constrain landings to the reduced 2017
recreational harvest limit. Although
there is no way to predict how the
demand for charter/party trips might
change under either scenario, the
coastwide approach reduces the
flexibility of states to adopt
conservationally equivalent measures
intended to optimize fishing
opportunities, which could further
impact the demand of summer flounder
fishing in some states. Overall, adverse
impacts on recreational anglers and
party/charter operators are expected
under conservation equivalency, but
these impacts would be less adverse
than if the coastwide measures were
implemented.
The proposed action, as required by
the regulations governing the FMP, is
designed to specify management
measures to constrain catch to the 2017
summer flounder recreational harvest
limit. The summer flounder regulations
require us to publish a proposed rule
regarding the overall percent adjustment
in recreational landings required for the
fishing year, and the Commission’s
recommendation concerning
conservation equivalency, the
precautionary default measures, and
coastwide measures. The proposed
action is consistent with the
recommendations of the Council and
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Commission. The measures proposed
herein are intended to meet the
recommended adjustments required to
constrain recreational catch to the 2017
recreational harvest limits to avoid
overfishing of the summer flounder
resource as required under the FMP.
Accordingly, no other alternatives were
considered.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: April 13, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.104, paragraph (b) is
revised to read as follows:
■
§ 648.104
sizes.
Summer flounder minimum fish
*
*
*
*
*
(b) Party/charter permitted vessels
and recreational fishery participants.
Unless otherwise specified pursuant to
§ 648.107, the minimum size for
summer flounder is 19 inches (48.3 cm)
TL for all vessels that do not qualify for
a moratorium permit under
§ 648.4(a)(3), and charter boats holding
a moratorium permit if fishing with
more than three crew members, or party
boats holding a moratorium permit if
fishing with passengers for hire or
carrying more than five crew members.
*
*
*
*
*
■ 3. In § 648.105 is revised to read as
follows:
§ 648.105 Summer flounder recreational
fishing season.
Unless otherwise specified pursuant
to § 648.107, vessels that are not eligible
for a moratorium permit under
§ 648.4(a)(3), and fishermen subject to
the possession limit, may fish for
summer flounder from June 1 through
September 15. This time period may be
adjusted pursuant to the procedures in
§ 648.102.
■ 4. In § 648.106, paragraph (a) is
revised to read as follows:
§ 648.106 Summer flounder possession
restrictions.
(a) Party/charter and recreational
possession limits. Unless otherwise
PO 00000
Frm 00014
Fmt 4702
Sfmt 9990
18415
specified pursuant to § 648.107, no
person shall possess more than four
summer flounder in, or harvested from,
the EEZ, per trip unless that person is
the owner or operator of a fishing vessel
issued a summer flounder moratorium
permit, or is issued a summer flounder
dealer permit. Persons aboard a
commercial vessel that is not eligible for
a summer flounder moratorium permit
are subject to this possession limit. The
owner, operator, and crew of a charter
or party boat issued a summer flounder
moratorium permit are subject to the
possession limit when carrying
passengers for hire or when carrying
more than five crew members for a party
boat, or more than three crew members
for a charter boat. This possession limit
may be adjusted pursuant to the
procedures in § 648.102.
*
*
*
*
*
■ 5. In § 648.107, introductory text to
paragraph (a) and paragraph (b) are
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 2017 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.
*
*
*
*
*
(b) Federally permitted vessels subject
to the recreational fishing measures of
this part, and other recreational fishing
vessels registered in states and subject
to the recreational fishing measures of
this part, whose fishery management
measures are not determined by the
Regional Administrator to be the
conservation equivalent of the season,
minimum size and possession limit
prescribed in §§ 648.102, 648.103(b),
and 648.105(a), respectively, due to the
lack of, or the reversal of, a conservation
equivalent recommendation from the
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission
shall be subject to the following
precautionary default measures:
Season—July 1 through August 31;
minimum size—20 inches (50.8 cm);
and possession limit—two fish.
[FR Doc. 2017–07886 Filed 4–18–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\19APP1.SGM
19APP1
]]>Agencies
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)]
[Proposed Rules]
[Pages 18411-18415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07886]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170314268-7268-01]
RIN 0648-BG68
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder and Scup Fisheries; Fishing
Year 2017
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes management measures for the 2017 summer flounder
and scup recreational fisheries. The implementing regulations for these
fisheries require NMFS to publish recreational measures for the fishing
year and to provide an opportunity for public comment. The intent of
these measures is to constrain recreational catch to established limits
and prevent overfishing of the summer flounder and scup resources. We
are proposing the 2017 management measures and revised specifications
for the recreational black sea bass fishery in separate actions.
DATES: Comments must be received by 5 p.m. local time, on May 4, 2017.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0022, by either of the following methods:
Electronic submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-
0022,
Click the ``Comment Now!'' icon, complete the required
fields
Enter or attach your comments.
Or
Mail: Submit written comments to John Bullard, Regional
Administrator,
[[Page 18412]]
Greater Atlantic Region, 55 Great Republic Drive, Gloucester, MA 01930.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
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: Peter Burns, Fishery Policy Analyst,
(978) 281-9144.
SUPPLEMENTARY INFORMATION:
Summary of Proposed Management Measures
In this rule, NMFS proposes management measures for the 2017 summer
flounder and scup recreational fisheries consistent with the
recommendations of the Mid-Atlantic Fishery Management Council and the
Atlantic States Marine Fisheries Commission. To allow for consideration
of the results of a new black sea bass benchmark stock assessment
released in early 2017, the Council is addressing revised black sea
bass specifications and recreational management measures separately
from the summer flounder and scup recreational fisheries. Accordingly,
we are proposing the revised specifications and 2017 recreational
management measures for black sea bass in separate rulemakings.
NMFS is proposing measures that would apply in the Federal waters
of the exclusive economic zone (EEZ). These measures apply to all
federally-permitted party/charter vessels with applicable summer
flounder and scup 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 2017 recreational harvest limits for scup through a final
rule published on December 28, 2015 (80 FR 80689), and for summer
flounder in a final rule that published on December 22, 2016 (81 FR
93842).
The 2017 summer flounder recreational harvest limit is 3.77 million
lb (1,710 mt), a decrease from the 2016 harvest limit of 5.42 million
lb (2,458 mt). Preliminary estimates indicate that the 2016
recreational landings are 6.38 million lb (2,893 mt). These 2016
projected landings are based on preliminary Marine Recreational
Information Program estimates through Wave 6 (November and December
2016). Accordingly, more restrictive management measures are necessary
in 2017 to reduce landings by approximately 41 percent, compared to
2016 landings, to ensure that the landings do not exceed the
recreational harvest limit.
For summer flounder, we are proposing to continue the use of
conservation equivalency measures to all the states, through the
Commission, to determine the most appropriate measures to constrain the
landings to the 2017 recreational harvest limit. We also propose a
suite of non-preferred coastwide measures that would constrain landings
to the 2017 recreational harvest limits should we not adopt the
conservation equivalency approach recommended by the Council and
Commission and serve as a benchmark for regional conservation
equivalency proposals. Should we approve the use of conservation
equivalency, we will simply waive the coastwide measures for vessels
fishing in Federal waters, provided the vessel's state has implemented
measures approved through the Commission process. In addition, we
propose a set of precautionary default measures that a state or region
must implement if they fail to provide measures that are consistent
with the Commission plan.
We are not proposing any changes to the recreational measures for
the 2017 recreational scup fishery, as the current suite of management
measures are expected to effectively constrain landings to the 2017
recreational harvest limit.
The specific management measures for both fisheries are further
described below in this preamble. All proposed minimum fish sizes are
total length measurements of the fish, i.e., the straight-line distance
from the tip of the snout to the end of the tail while the fish is
lying on its side. All proposed possession limits are per person per
trip.
Background and Management Process
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 Council
and the Commission, in consultation with the New England and South
Atlantic Fishery Management Councils. 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, and 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 approximate latitude of Cape
Hatteras, North Carolina). 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 EEZ, as well as vessels possessing a
summer flounder, scup, or black sea bass Federal charter/party vessel
permit, regardless of where they fish.
Recreational Management Measures Process
The Council process for recommending recreational management
measures to NMFS for rulemaking is generically described below. All
meetings are open to the public and the materials utilized during such
meetings, as well as any documents created to summarize the meeting
results, are public information and posted on the Council's Web site
(www.mafmc.org) or are available from the Council by request.
Therefore, extensive background on the 2017 recreational management
measures recommendation process is not repeated in this preamble.
The FMP established monitoring committees for the three fisheries,
consisting of representatives from the Commission, the Council, state
marine fishery agency representatives from Massachusetts to North
Carolina, and NMFS. The FMP's implementing regulations require the
monitoring committees to review scientific and other relevant
information annually. The objective of this review is to recommend
management measures to the Council that will constrain landings within
the recreational harvest limits established for the three fisheries for
the upcoming fishing year. The FMP limits
[[Page 18413]]
the choices for the types of measures to minimum fish size, per angler
possession limit, and fishing season.
The Council's Demersal Species Committee and the Commission's
Summer Flounder, Scup, and Black Sea Bass Management Board then
consider the monitoring committees' recommendations and any public
comment in making their recommendations to the Council and the
Commission, respectively. The Council reviews the recommendations of
the Demersal Species Committee, makes its own recommendations, and
forwards them to NMFS for review. The Commission similarly adopts
recommendations for the states. NMFS is required to review the
Council's recommendations to ensure that they are consistent with the
targets specified for each species in the FMP and all applicable laws
and Executive Orders before ultimately implementing measures for
Federal waters. Commission measures are final at the time they are
adopted.
Summer Flounder Conservation Equivalency Process
Conservation equivalency, as established by Framework Adjustment 2
(July 29, 2001; 66 FR 36208), allows each state to establish its own
recreational management measures (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 differences in regulations for anglers fishing in adjacent
waters.
The Council and Board annually recommend that either state- or
region-specific recreational measures be developed (conservation
equivalency) or that coastwide management measures be implemented to
ensure that the recreational harvest limit will not be exceeded. Even
when the Council and Board recommend conservation equivalency, the
Council must specify a set of coastwide measures that would apply if
conservation equivalency is not approved for use in Federal waters.
When conservation equivalency is recommended, and following
confirmation that the proposed state or regional measures developed
through the Commission's technical and policy review processes achieve
conservation equivalency, NMFS may waive the permit condition found at
Sec. 648.4(b), which requires Federal permit holders to comply with
the more restrictive management measures when state and Federal
measures differ. In such a situation, federally permitted summer
flounder charter/party permit holders and individuals fishing for
summer flounder in the EEZ would then be subject to the recreational
fishing measures implemented by the state in which they land summer
flounder, rather than the coastwide measures.
In addition, the Council and the Board must recommend precautionary
default measures when recommending conservation equivalency. The
Commission would require adoption of the precautionary default measures
by any state that either does not submit a summer flounder management
proposal to the Commission's Summer Flounder Technical Committee, or
that submits measures that would exceed the Commission-specified
harvest limit for that state.
Much of the conservation equivalency measures development process
happens at both the Commission and the individual state level. The
selection of appropriate data and analytical techniques for technical
review of potential state conservation equivalent measures and the
process by which the Commission evaluates and recommends proposed
conservation equivalent measures are wholly a function of the
Commission and its individual member states. Individuals seeking
information regarding the process to develop specific state measures or
the Commission process for technical evaluation of proposed measures
should contact the marine fisheries agency in the state of interest,
the Commission, or both.
Once the states and regions select their final 2017 summer flounder
management measures through their respective development, analytical,
and review processes and submit them to the Commission, the Commission
will conduct further review and evaluation of the submitted proposals,
ultimately notifying NMFS as to which proposals have been approved or
disapproved. NMFS has no overarching authority in the development of
state or Commission management measures, but is an equal participant
along with all the member states in the review process. NMFS neither
approves nor implements individual states' measures, but retains the
final authority either to approve or to disapprove the use of
conservation equivalency in place of the coastwide measures in Federal
waters, and will publish its determination as a final rule in the
Federal Register to establish the 2017 recreational measures for these
fisheries.
2017 Summer Flounder Recreational Management Measures
NMFS proposes to implement the Council's and Commission's
recommendation to use conservation equivalency to manage the 2017
summer flounder recreational fishery. The Council and Commission
approved this approach at their joint meeting, held in December 2016.
Consequently, in February 2017, the Board adopted Addendum XXVIII to
its Summer Flounder FMP to continue regional conservation equivalency
for fishing year 2017. The Commission has adopted the following
regions, which are consistent with the 2016 regions: (1) Massachusetts;
(2) Rhode Island; (3) Connecticut and New York; (4) New Jersey; (4)
Delaware, Maryland, and Virginia; and (5) North Carolina. 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 will need to certify that these
measures, in combination, 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).
NMFS proposes a suite of non-preferred coastwide measures,
consistent with those adopted by the the Council and Board for
implementation in 2017. Under conservation equivalency, the cumulative
impact of the regional recreational measures should achieve the same
constraints on harvest as the non-preferred coastwide measures. For
2017, non-preferred coastwide measures approved by the Council and
Board are a 19-inch (48.3-cm) minimum fish size, a 4-fish per person
possession limit, and an open season from June 1 through September 15.
These measures are expected to constrain the overall recreational
landings to the 2017 recreational harvest limit. If a jurisdiction's
measures do not achieve the level of conservation required by the
Commission, that state or region must implement the precautionary
default measures. The 2017 precautionary default measures recommended
by the Council and Board and proposed herein are a 20.0-inch (50.8-cm)
minimum fish size, a 2-fish
[[Page 18414]]
per person possession limit, and an open season of July 1 through
August 31, 2017.
States and regions submitted their respective management measures
to the Commission in March 2017. In a letter to the Greater Atlantic
Regional Administrator dated April 5, 2017, the Commission informed us
that it has reviewed the regional management proposals and determined
that the proposals are sufficient to constrain landings to the 2017
recreational harvest limit.
Scup Recreational Management Measures
The 2017 scup recreational harvest limit is 5.50 million lb (2,494
mt) and 2016 recreational landings are currently estimated at 5.40
million lb (2,449 mt). The status quo management measures are a 9-inch
(22.9-cm) minimum fish size, 50-fish per person possession limit, and
year-round season. The Council recommends maintaining the existing
management measures, as no changes are needed to ensure the 2017
recreational harvest limit is not exceeded, and further liberalization
of the management measures is not requested or advisable. As a result,
we are not proposing, for 2017, any changes to the current scup
recreational management measures.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared by the Council, as required by section 603 of
the Regulatory Flexibility Act (RFA), to examine the impacts of these
proposed specifications on small business entities, if adopted. A
description of the specifications, why they are being considered, and
the legal basis for proposing and implementing specifications for the
summer flounder fishery are contained in the preamble to this proposed
rule. A copy of the detailed RFA analysis is available from NMFS or the
Council (see ADDRESSES). The Council's analysis made use of
quantitative approaches when possible. Where quantitative data on
revenues or other business-related metrics that would provide insight
to potential impacts were not available to inform the analyses,
qualitative analyses were conducted. A summary of the 2017 summer
flounder recreational fishery management measures RFA analysis follows.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures in conjunction with a SIR. Because no
regulatory changes are proposed that would affect the recreational scup
fishery, they are not considered in the evaluation. The proposed
measures would continue the use of conservation equivalency for summer
flounder and maintain the existing scup recreational management
measures.
Description of the Reasons Why Action by the Agency Is Being
Considered, and a Statement of the Objectives of, and Legal Basis for,
This Proposed Rule
This action proposes recreational harvest measures for the summer
flounder and scup fisheries, intented to constrain the fisheries to the
recreational harvest limits established for 2017. This action would
maintain the current recreational management meausures for the 2017
recreational scup fishery and proposes the continuation of conservation
equivalency, including non-preferred coastwide measures and
precautionary default measures, for the 2017 recreational summer
flounder fishery. A complete description of the action, why it is being
considered, and the legal basis for this action are contained in the
preamble to this proposed rule, and are not repeated here.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rule Would Apply
A business primarily engaged in for-hire fishing activity is
classified as a small business if it has combined annual receipts not
in excess of $7.5 million (NAICS 11411) for Regulatory Flexibility Act
(RFA) compliance purposes only. The North American Industry
Classification System (NAICS) is the standard used by Federal
statistical agencies in classifying business establishments for the
purpose of collecting, analyzing, and publishing statistical data
related to the U.S. business economy.
This proposed rule affects recreational fish harvesting entities
engaged in the summer flounder fishery. Individually-permitted vessels
may hold permits for several fisheries, harvesting species of fish that
are regulated by several different FMPs, even beyond those impacted by
the proposed action. Furthermore, multiple-permitted vessels and/or
permits may be owned by entities affiliated by stock ownership, common
management, identity of interest, contractual relationships, or
economic dependency. For the purposes of the RFA analysis, the
ownership entities, not the individual vessels, are considered to be
the regulated entities.
Ownership entities are defined as those entities with common
ownership personnel as listed on the permit application. Only permits
with identical ownership personnel are categorized as an ownership
entity. For example, if five permits have the same seven persons listed
as co-owners on their permit applications, those seven persons would
form one ownership entity that holds those five permits. If two of
those seven owners also co-own additional vessels, that ownership
arrangement would be considered a separate ownership entity for the
purpose of this analysis.
The current ownership data set used for this analysis is based on
calendar year 2015 (the most recent complete year available) and
contains average gross sales associated with those permits for calendar
years 2013 through 2015.
A description of the specific permits that are likely to be
impacted by this action is provided below, along with a discussion of
the impacted businesses, which can include multiple vessels and/or
permit types.
The ownership data for the for-hire fleet indicate that there were
411 for-hire affiliate firms generating revenues from fishing
recreationally for various species during the 2013-2015 period, all of
which are categorized as small businesses. Although it is not possible
to derive what proportion of the overall revenues came from specific
fishing activities, given the popularity of summer flounder as a
recreational species, it is likely that revenues generated from summer
flounder recreational fishing are important for some, if not all, of
these firms. The three-year average (2013-2015) gross receipts for
these small entities ranged from $10,000 for 121 entities to over $1
million for 10 entites (highest value was $2.7 million).
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
[[Page 18415]]
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
NMFS is not aware of any relevant Federal rules that may duplicate,
overlap, or conflict with this proposed rule.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
The proposed measures are designed to result in a 41-percent
reduction in harvest, compared to 2016, requiring more restrictive
measures that could include higher minimum size limits, lower
possession limits, and shorter fishing seasons. Business entities that
hold charter/party permits and are active participants in the fishery
may be affected if the public demand for summer flounder fishing
decreases as a result of more restrictive size limits, possession
limits, and season length. Similar effects could result under the non-
preferred approach that would enact coastwide measures in Federal
waters. Like the conservation equivalency approach, coastwide measures
would result in harvest restrictions, compared to 2016, to constrain
landings to the reduced 2017 recreational harvest limit. Although there
is no way to predict how the demand for charter/party trips might
change under either scenario, the coastwide approach reduces the
flexibility of states to adopt conservationally equivalent measures
intended to optimize fishing opportunities, which could further impact
the demand of summer flounder fishing in some states. Overall, adverse
impacts on recreational anglers and party/charter operators are
expected under conservation equivalency, but these impacts would be
less adverse than if the coastwide measures were implemented.
The proposed action, as required by the regulations governing the
FMP, is designed to specify management measures to constrain catch to
the 2017 summer flounder recreational harvest limit. The summer
flounder regulations require us to publish a proposed rule regarding
the overall percent adjustment in recreational landings required for
the fishing year, and the Commission's recommendation concerning
conservation equivalency, the precautionary default measures, and
coastwide measures. The proposed action is consistent with the
recommendations of the Council and Commission. The measures proposed
herein are intended to meet the recommended adjustments required to
constrain recreational catch to the 2017 recreational harvest limits to
avoid overfishing of the summer flounder resource as required under the
FMP. Accordingly, no other alternatives were considered.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 13, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.104, paragraph (b) is revised to read as follows:
Sec. 648.104 Summer flounder minimum fish sizes.
* * * * *
(b) Party/charter permitted vessels and recreational fishery
participants. Unless otherwise specified pursuant to Sec. 648.107, the
minimum size for summer flounder is 19 inches (48.3 cm) TL for all
vessels that do not qualify for a moratorium permit under Sec.
648.4(a)(3), and charter boats holding a moratorium permit if fishing
with more than three crew members, or party boats holding a moratorium
permit if fishing with passengers for hire or carrying more than five
crew members.
* * * * *
0
3. In Sec. 648.105 is revised to read as follows:
Sec. 648.105 Summer flounder recreational fishing season.
Unless otherwise specified pursuant to Sec. 648.107, vessels that
are not eligible for a moratorium permit under Sec. 648.4(a)(3), and
fishermen subject to the possession limit, may fish for summer flounder
from June 1 through September 15. This time period may be adjusted
pursuant to the procedures in Sec. 648.102.
0
4. In Sec. 648.106, paragraph (a) is revised to read as follows:
Sec. 648.106 Summer flounder possession restrictions.
(a) Party/charter and recreational possession limits. Unless
otherwise specified pursuant to Sec. 648.107, no person shall possess
more than four summer flounder in, or harvested from, the EEZ, per trip
unless that person is the owner or operator of a fishing vessel issued
a summer flounder moratorium permit, or is issued a summer flounder
dealer permit. Persons aboard a commercial vessel that is not eligible
for a summer flounder moratorium permit are subject to this possession
limit. The owner, operator, and crew of a charter or party boat issued
a summer flounder moratorium permit are subject to the possession limit
when carrying passengers for hire or when carrying more than five crew
members for a party boat, or more than three crew members for a charter
boat. This possession limit may be adjusted pursuant to the procedures
in Sec. 648.102.
* * * * *
0
5. In Sec. 648.107, introductory text to paragraph (a) and paragraph
(b) are 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 2017 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.
* * * * *
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels
registered in states and subject to the recreational fishing measures
of this part, whose fishery management measures are not determined by
the Regional Administrator to be the conservation equivalent of the
season, minimum size and possession limit prescribed in Sec. Sec.
648.102, 648.103(b), and 648.105(a), respectively, due to the lack of,
or the reversal of, a conservation equivalent recommendation from the
Summer Flounder Board of the Atlantic States Marine Fisheries
Commission shall be subject to the following precautionary default
measures: Season--July 1 through August 31; minimum size--20 inches
(50.8 cm); and possession limit--two fish.
[FR Doc. 2017-07886 Filed 4-18-17; 8:45 am]
BILLING CODE 3510-22-P
