Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder and Scup Fisheries; Fishing Year 2017, 31491-31494 [2017-14280]
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
asabaliauskas on DSKBBXCHB2PROD with RULES
After these specified closures, on
October 1, 2017, these applicable
species and species groups will reopen
through December 31, 2017, the end of
the current fishing year.
During the Puerto Rico commercial
sector closures announced in this
temporary rule for the species above,
except for spiny lobster, which is
described below, the commercial
harvest of the indicated species or
species groups is prohibited. All harvest
or possession of the indicated species or
species groups in or from the Puerto
Rico management area is limited to the
recreational bag and possession limits
specified in § 622.437, unless the
recreational sector for the species or
species group is closed, and the sale or
purchase of the indicated species or
species group in or from the Puerto Rico
management area is prohibited.
During the Puerto Rico recreational
sector closures announced in this
temporary rule for the species above,
except for spiny lobster, which is
described below, all recreational harvest
of the indicated species groups is
prohibited, and the recreational bag and
possession limits for the indicated
species groups in or from the Puerto
Rico management area are zero.
During the Puerto Rico spiny lobster
closure announced in this temporary
rule, both the commercial and
recreational sectors for spiny lobster are
closed. The harvest, possession,
purchase, or sale of spiny lobster in or
from the Puerto Rico management area
is prohibited. The bag and possession
limits for spiny lobster in or from the
Puerto Rico management area are zero.
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of the
species and species groups included in
this temporary rule, in the Puerto Rico
management area, and is consistent with
the Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.12(a) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The AA
finds good cause to waive the
requirements 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 prior notice
and opportunity for public comment is
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unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rules
implementing the ACLs and AMs for
these species and species groups have
been subject to notice and comment,
and all that remains is to notify the
public that the ACLs were exceeded and
that the AMs are being implemented for
the 2017 fishing year. Prior notice and
opportunity for public comment on this
action would be contrary to the public
interest because many of those affected
by the length of the commercial and
recreational fishing seasons, including
commercial operations, and charter
vessel and headboat operations that
book trips for clients in advance, need
advance notice to adjust their business
plans to account for the reduced
commercial and recreational fishing
seasons.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 3, 2017.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–14293 Filed 7–6–17; 8:45 am]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170314268–7582–0]
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: Final rule.
AGENCY:
In this rule, NMFS
implements 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. The intent of these
measures is to constrain recreational
catch to established limits and prevent
overfishing of the summer flounder and
scup resources.
DATES: This rule is effective July 7,
2017. The management measures for the
2017 summer flounder and scup
recreational fisheries are effective July 7,
2017, through December 31, 2017.
SUMMARY:
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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.
The Final Regulatory Flexibility
Analysis (FRFA) consists of the IRFA,
public comments and responses
contained in this final rule, and the
summary of impacts and alternatives
contained in this final rule. Copies of
the small entity compliance guide are
available from John K. Bullard, Regional
Administrator, Greater Atlantic Region,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930–2298.
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
(978) 281–9244.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Summary of Final Management
Measures
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In this rule, NMFS specifies
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.
NMFS is implementing measures that
apply in the Federal waters of the
exclusive economic zone. 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
previously established 2017 recreational
harvest limits for scup published on
December 28, 2015 (80 FR 80689), and
for summer flounder published on
December 22, 2016 (81 FR 93842).
Summer Flounder Recreational
Management Measures
NMFS is implementing conservation
equivalency to manage the 2017
summer flounder recreational fishery, as
proposed on April 19, 2017 (82 FR
18411). These measures are consistent
with the recommendation of the Council
and Commission. Additional
information on the development of the
2017 measures is provided in the
proposed rule and not repeated here.
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Rules and Regulations
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 established 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 Commission implemented
Addendum XXVIII to its Summer
Flounder Fishery Management Plan
(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; (5) Delaware,
Maryland, and Virginia; and (6) North
Carolina. To provide the maximum
amount of flexibility and to 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. Addendum XXVIII requires each
state or region, with the exception of
North Carolina, to increase the 2017
summer flounder minimum size by 1
inch (2.5 cm) from the 2016 size limit.
The 2017 measures also reduce the bag
limit for most of the states and regions,
while the season length remains the
same as in 2016. More information on
this addendum is available from the
Commission (www.asmfc.org).
The Commission certified, by letter
dated April 5, 2017, that the Addendum
XXVIII measures required to be
implemented by individual states and
regions, when combined, are the
conservation equivalent of coastwide
measures that would be expected to
result in the 2017 recreational harvest
limit being achieved, but not exceeded.
Following this determination, New
Jersey proposed and subsequently
implemented on May 25, 2017,
alternative measures for its state waters
(i.e., 18-inch (45.7-cm) fish size, 3-fish
bag limit, and a 104-day season). The
Summer Flounder Management Board
requested these measures be reviewed
by the Commission’s Technical
Committee when they were proposed.
The Technical Committee found New
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Jersey’s measures are not the
conservation equivalent of Addendum
XXVIII measures. Using the Technical
Committee’s information, the
Management Board found that New
Jersey’s measures were not
conservationally equivalent to
Addendum XXVIII and recommended
New Jersey be found out of compliance
with the Commission’s FMP. The
Commission’s Interstate Fisheries
Management Policy Board and
Commission as a whole met on June 1,
2017, to consider the Management
Board’s non-compliance
recommendation for the state of New
Jersey. Both the Policy Board and the
Commission found New Jersey out of
compliance with the Commission’s FMP
for summer flounder. The Commission
has referred the matter to NMFS under
delegation of authority from the
Secretary of Commerce, for federal noncompliance review under the provisions
of the Atlantic Coastal Fisheries
Cooperative Management Act. NMFS
will review the Commission’s noncompliance referral through a separate
process.
Based on the April 5, 2017,
recommendation of the Commission, we
find that the recreational summer
flounder fishing measures required to be
implemented for 2017 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 stateimplemented measures as conservation
equivalent of the coastwide recreational
management measures for 2016. As
mentioned above, New Jersey has not
implemented Addendum XXVIII’s
required measures. NMFS’ review and
findings regarding the non-compliance
recommendation for New Jersey will
begin with publishing a notice in the
Federal Register.
In addition, this action implements
default coastwide measures (a 19-inch
(48.3-cm) minimum size, 4-fish
possession limit, and June 1 through
September 15 open fishing season), that
become effective January 1, 2018, when
the 2017 conservation equivalency
program expires. These measures will
remain effective until replaced by the
2018 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 2017 fishery: A 9-inch
(22.9-cm) minimum fish size, 50-fish
per person possession limit, and yearround season.
Comments and Responses
On April 19, 2017, NMFS published
the proposed 2017 summer flounder
and scup recreational management
measures for public notice and
comments. NMFS received 17
comments, of which 14 were related to
measures provided in the proposed rule.
New Jersey submitted a comment letter
focused on their dissatisfaction with the
specific measures outlined in
Addendum XXVIII. New Jersey’s
concerns will be considered through the
non-compliance proceedings and are
not responded to in this action. Other
comments received related to
preferences for lower quotas for summer
flounder and scup, as well as opinions
that the Council favors the commercial
industry.
No changes to the proposed
specifications were made as a result of
these comments.
Comment 1: One commenter from the
State of Rhode Island stated that the
measures contained within Addendum
XXVIII were not restrictive enough to
constrain catch within the 2017 summer
flounder harvest limit. The commenter
noted concern that more restrictive
measures proposed by the State of
Rhode Island were rejected by the
Commission’s Management Board.
Response: The Commission and its
Technical Committee has expertise in
determining whether or not stateimplemented measures are
conservationally equivalent to those
measures recommended by the Council.
The Commission has determined that
the addendum’s measures achieve
conservation equivalency and are likely
to constrain catch within the 2017
recreational harvest limit.
Comment 2: Eleven commenters
raised concerns about state-specific
summer flounder regulations which are
outside the scope of this action, each
specifically requesting that the State of
Delaware not be penalized for anything
that results from New Jersey’s public
opposition to the Commission’s
Addendum.
Response: As previously mentioned,
the non-compliance determination
process for New Jersey will happen
outside of this action. Delaware has
implemented measures outlined in the
Commission’s Addendum XXVIII. No
further action is required by the State of
Delaware for 2017.
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Comment 3: One commenter was
concerned about the summer flounder
precautionary default season, stating
that he would prefer the season to begin
in May, rather than July.
Response: Because the Commission
did not request that the precautionary
default measures be applied to any state,
these measures are not applicable for
2017. Instead, this rule implements the
Commission and Council recommended
measures, as previously proposed, for
conservation equivalency in 2017. The
coastwide default measures will be
effective to the start of the 2018 fishing
year.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that this
final rule is necessary for the
conservation and management of the
summer flounder fishery and that it is
consistent with the Magnuson-Stevens
Fisheries Conservation and Management
Act (Magnuson-Stevens Act) and other
applicable laws.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay of effectiveness period for
this rule, to ensure that the final
management measures are in place as
soon as possible. A delay in this rule’s
effectiveness would unfairly prejudice
federally permitted charter/party
vessels. Recreational fisheries are
already underway for summer flounder
and scup. The linchpin of NMFS’s
decision whether to proceed with the
coastwide measures or adopt the
conservation equivalent measures is
advice from the Commission following
review of the individual state plans.
Rulemaking has been delayed while
final information regarding the status of
New Jersey through the Commission’s
conservation equivalency process has
been evaluated. The Commission’s
Summer Flounder Management Board
met on June 1, 2017, to discuss whether
or not to find New Jersey out of
compliance with Addendum XXVIII.
NMFS did not want to cause public
confusion by releasing a final rule prior
to the Commission’s final determination
on New Jersey’s summer flounder
management measures.
Based on historic effort and landings
information, and the importance of
summer flounder as a recreational
fishery target species, participation and
landings are expected to be high from
the onset of the fishery that is already
underway. Party and charter vessels
from the various states are the largest
component of the recreational fishery
that fish in the EEZ. The Federal
coastwide regulatory measures for
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summer flounder that were codified last
year remain in effect until the 2017
recreational measures are made
effective. These measures do not
achieve the necessary reduction in
recreational landings to constrain the
fishery to the 2017 recreational harvest
limit. Although the states’ summer
flounder fisheries are already open,
additional delay in implementing the
measures of this rule will increase
confusion on what measures are in
place in Federal waters. This will
disadvantage Federally permitted
charter/party vessels and increase the
likelihood of illegal landings due to
misunderstood regulations. The
resulting disconnect in the regulations
that exist until this rule’s measures are
implemented may potentially
compromise the mortality objectives of
the summer flounder fishery.
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.
A FRFA was prepared pursuant to 5
U.S.C. 604(a), and incorporates the
IRFA, a summary of any significant
issues raised by the public comments in
response to the IRFA and NMFS’s
responses to those comments, and a
summary of the analyses completed to
support the action. A copy of the SIR/
IRFA is available from the Council (see
ADDRESSES).
The classification to the proposed rule
included a detailed summary of the
analyses contained in the IRFA, and that
discussion is not repeated here.
Final Regulatory Flexibility Analysis
A Summary of Significant Issues Raised
by the Public in Response to the
Summary of the Agency’s Assessment of
Such Issues, and a Statement of Any
Changes Made in the Final Rule as a
Result
Our responses to all of the comments
received on the proposed rule,
including those that raised significant
issues with the proposed action, can be
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31493
found in the Comments and Responses
section of this rule. Aside from the
comment from the State of New Jersey
that will be considered through a
separate process, none of the comments
received raised specific issues regarding
the economic analyses summarized in
the IRFA. No changes to the proposed
rule were required to be made as a result
of public comments.
Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
Available ownership data for the forhire 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 and scup as a
recreational species, it is likely that
revenues generated from summer
flounder and scup 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
entities (highest value was $2.7 million).
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
Description of the Steps the Agency Has
Taken To Minimize the Significant
Economic Impact on Small Entities
Consistent With the Stated Objectives of
Applicable Statutes
In seeking to minimize the impact of
recreational management measures
(minimum fish size, possession limit,
and fishing season) on small entities
(i.e., Federal party/charter permit
holders), NMFS is constrained to
implementing measures that meet the
conservation objectives of the FMP and
Magnuson-Stevens Act requirements.
The only other summer flounder
management measure alternative
considered was the less restrictive status
quo alternative (i.e., the non-preferred
coastwide 2016 measures). Statespecific implications of the no-action
(coastwide) alternative of an 18-inch
(45.7-cm) minimum fish size, a 4-fish
bag limit, and closed season of May 1
through September 30, would not
achieve the mortality objectives
required by the FMP, and, therefore,
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cannot be continued for the 2017 fishing
season.
The conservation equivalency
approach implemented by this action
allows states some degree of flexibility
in the specification of management
measures, unlike the application of one
set of uniform coastwide measures. The
degree of flexibility available to states
under conservation equivalency is
constrained to a combined suite of
minimum fish size, per angler
possession limit, and fishing season that
will likely constrain catch to the 2017
recreational harvest limit. This provides
the opportunity for states to construct
measures that achieve the conservation
objective while providing a statespecific set of measures in lieu of the
one-size-fits-all coastwide measure.
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 party/
charter permits issued for the summer
flounder and scup fisheries. In addition,
copies of this final rule and guide (i.e.,
permit holder letter) are available from
NMFS (see ADDRESSES) and at the
following Web site: https://
www.greateratlantic.fisheries.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 3, 2017.
Chris Oliver,
Assistant Administrator for Fisheries,
National Marine Fisheries Services.
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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 § 648.104, paragraph (b) is
revised to read as follows:
■
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§ 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. Section 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:
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. 2017–14280 Filed 7–6–17; 8:45 am]
BILLING CODE 3510–22–P
§ 648.106 Summer flounder possession
restrictions.
(a) Party/charter and recreational
possession limits. Unless otherwise
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
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 160808696–7010–02]
RIN 0648–BG95
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2017–2018 Biennial Specifications and
Management Measures; Inseason
Adjustments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; inseason adjustments
to biennial groundfish management
measures.
AGENCY:
This final rule announces
inseason changes to management
measures in the Pacific Coast groundfish
fisheries. This action, which is
authorized by the Pacific Coast
Groundfish Fishery Management Plan
(PCGFMP), is intended to allow
fisheries to access more abundant
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Rules and Regulations]
[Pages 31491-31494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14280]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170314268-7582-0]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule, NMFS implements 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. The intent of these measures is to
constrain recreational catch to established limits and prevent
overfishing of the summer flounder and scup resources.
DATES: This rule is effective July 7, 2017. The management measures for
the 2017 summer flounder and scup recreational fisheries are effective
July 7, 2017, through December 31, 2017.
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.
The Final Regulatory Flexibility Analysis (FRFA) consists of the
IRFA, public comments and responses contained in this final rule, and
the summary of impacts and alternatives contained in this final rule.
Copies of the small entity compliance guide are available from John K.
Bullard, Regional Administrator, Greater Atlantic Region, National
Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA
01930-2298.
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
(978) 281-9244.
SUPPLEMENTARY INFORMATION:
Summary of Final Management Measures
In this rule, NMFS specifies 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.
NMFS is implementing measures that apply in the Federal waters of
the exclusive economic zone. 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 published on December 28,
2015 (80 FR 80689), and for summer flounder published on December 22,
2016 (81 FR 93842).
Summer Flounder Recreational Management Measures
NMFS is implementing conservation equivalency to manage the 2017
summer flounder recreational fishery, as proposed on April 19, 2017 (82
FR 18411). These measures are consistent with the recommendation of the
Council and Commission. Additional information on the development of
the 2017 measures is provided in the proposed rule and not repeated
here.
[[Page 31492]]
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 established 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 Commission implemented Addendum XXVIII to its Summer Flounder
Fishery Management Plan (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; (5) Delaware, Maryland, and Virginia; and (6) North Carolina.
To provide the maximum amount of flexibility and to 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. Addendum XXVIII requires each state or region, with the
exception of North Carolina, to increase the 2017 summer flounder
minimum size by 1 inch (2.5 cm) from the 2016 size limit. The 2017
measures also reduce the bag limit for most of the states and regions,
while the season length remains the same as in 2016. More information
on this addendum is available from the Commission (www.asmfc.org).
The Commission certified, by letter dated April 5, 2017, that the
Addendum XXVIII measures required to be implemented by individual
states and regions, when combined, are the conservation equivalent of
coastwide measures that would be expected to result in the 2017
recreational harvest limit being achieved, but not exceeded.
Following this determination, New Jersey proposed and subsequently
implemented on May 25, 2017, alternative measures for its state waters
(i.e., 18-inch (45.7-cm) fish size, 3-fish bag limit, and a 104-day
season). The Summer Flounder Management Board requested these measures
be reviewed by the Commission's Technical Committee when they were
proposed. The Technical Committee found New Jersey's measures are not
the conservation equivalent of Addendum XXVIII measures. Using the
Technical Committee's information, the Management Board found that New
Jersey's measures were not conservationally equivalent to Addendum
XXVIII and recommended New Jersey be found out of compliance with the
Commission's FMP. The Commission's Interstate Fisheries Management
Policy Board and Commission as a whole met on June 1, 2017, to consider
the Management Board's non-compliance recommendation for the state of
New Jersey. Both the Policy Board and the Commission found New Jersey
out of compliance with the Commission's FMP for summer flounder. The
Commission has referred the matter to NMFS under delegation of
authority from the Secretary of Commerce, for federal non-compliance
review under the provisions of the Atlantic Coastal Fisheries
Cooperative Management Act. NMFS will review the Commission's non-
compliance referral through a separate process.
Based on the April 5, 2017, recommendation of the Commission, we
find that the recreational summer flounder fishing measures required to
be implemented for 2017 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. As mentioned
above, New Jersey has not implemented Addendum XXVIII's required
measures. NMFS' review and findings regarding the non-compliance
recommendation for New Jersey will begin with publishing a notice in
the Federal Register.
In addition, this action implements default coastwide measures (a
19-inch (48.3-cm) minimum size, 4-fish possession limit, and June 1
through September 15 open fishing season), that become effective
January 1, 2018, when the 2017 conservation equivalency program
expires. These measures will remain effective until replaced by the
2018 recreational management measures in the spring of next year.
Scup Recreational Management Measures
This rule maintains status quo scup measures for the 2017 fishery:
A 9-inch (22.9-cm) minimum fish size, 50-fish per person possession
limit, and year-round season.
Comments and Responses
On April 19, 2017, NMFS published the proposed 2017 summer flounder
and scup recreational management measures for public notice and
comments. NMFS received 17 comments, of which 14 were related to
measures provided in the proposed rule. New Jersey submitted a comment
letter focused on their dissatisfaction with the specific measures
outlined in Addendum XXVIII. New Jersey's concerns will be considered
through the non-compliance proceedings and are not responded to in this
action. Other comments received related to preferences for lower quotas
for summer flounder and scup, as well as opinions that the Council
favors the commercial industry.
No changes to the proposed specifications were made as a result of
these comments.
Comment 1: One commenter from the State of Rhode Island stated that
the measures contained within Addendum XXVIII were not restrictive
enough to constrain catch within the 2017 summer flounder harvest
limit. The commenter noted concern that more restrictive measures
proposed by the State of Rhode Island were rejected by the Commission's
Management Board.
Response: The Commission and its Technical Committee has expertise
in determining whether or not state-implemented measures are
conservationally equivalent to those measures recommended by the
Council. The Commission has determined that the addendum's measures
achieve conservation equivalency and are likely to constrain catch
within the 2017 recreational harvest limit.
Comment 2: Eleven commenters raised concerns about state-specific
summer flounder regulations which are outside the scope of this action,
each specifically requesting that the State of Delaware not be
penalized for anything that results from New Jersey's public opposition
to the Commission's Addendum.
Response: As previously mentioned, the non-compliance determination
process for New Jersey will happen outside of this action. Delaware has
implemented measures outlined in the Commission's Addendum XXVIII. No
further action is required by the State of Delaware for 2017.
[[Page 31493]]
Comment 3: One commenter was concerned about the summer flounder
precautionary default season, stating that he would prefer the season
to begin in May, rather than July.
Response: Because the Commission did not request that the
precautionary default measures be applied to any state, these measures
are not applicable for 2017. Instead, this rule implements the
Commission and Council recommended measures, as previously proposed,
for conservation equivalency in 2017. The coastwide default measures
will be effective to the start of the 2018 fishing year.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
this final rule is necessary for the conservation and management of the
summer flounder fishery and that it is consistent with the Magnuson-
Stevens Fisheries Conservation and Management Act (Magnuson-Stevens
Act) and other applicable laws.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness
period for this rule, to ensure that the final management measures are
in place as soon as possible. A delay in this rule's effectiveness
would unfairly prejudice federally permitted charter/party vessels.
Recreational fisheries are already underway for summer flounder and
scup. The linchpin of NMFS's decision whether to proceed with the
coastwide measures or adopt the conservation equivalent measures is
advice from the Commission following review of the individual state
plans. Rulemaking has been delayed while final information regarding
the status of New Jersey through the Commission's conservation
equivalency process has been evaluated. The Commission's Summer
Flounder Management Board met on June 1, 2017, to discuss whether or
not to find New Jersey out of compliance with Addendum XXVIII. NMFS did
not want to cause public confusion by releasing a final rule prior to
the Commission's final determination on New Jersey's summer flounder
management measures.
Based on historic effort and landings information, and the
importance of summer flounder as a recreational fishery target species,
participation and landings are expected to be high from the onset of
the fishery that is already underway. Party and charter vessels from
the various states are the largest component of the recreational
fishery that fish in the EEZ. The Federal coastwide regulatory measures
for summer flounder that were codified last year remain in effect until
the 2017 recreational measures are made effective. These measures do
not achieve the necessary reduction in recreational landings to
constrain the fishery to the 2017 recreational harvest limit. Although
the states' summer flounder fisheries are already open, additional
delay in implementing the measures of this rule will increase confusion
on what measures are in place in Federal waters. This will disadvantage
Federally permitted charter/party vessels and increase the likelihood
of illegal landings due to misunderstood regulations. The resulting
disconnect in the regulations that exist until this rule's measures are
implemented may potentially compromise the mortality objectives of the
summer flounder fishery.
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.
A FRFA was prepared pursuant to 5 U.S.C. 604(a), and incorporates
the IRFA, a summary of any significant issues raised by the public
comments in response to the IRFA and NMFS's responses to those
comments, and a summary of the analyses completed to support the
action. A copy of the SIR/IRFA is available from the Council (see
ADDRESSES).
The classification to the proposed rule included a detailed summary
of the analyses contained in the IRFA, and that discussion is not
repeated here.
Final Regulatory Flexibility Analysis
A Summary of Significant Issues Raised by the Public in Response to the
Summary of the Agency's Assessment of Such Issues, and a Statement of
Any Changes Made in the Final Rule as a Result
Our responses to all of the comments received on the proposed rule,
including those that raised significant issues with the proposed
action, can be found in the Comments and Responses section of this
rule. Aside from the comment from the State of New Jersey that will be
considered through a separate process, none of the comments received
raised specific issues regarding the economic analyses summarized in
the IRFA. No changes to the proposed rule were required to be made as a
result of public comments.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
Available 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 and scup as
a recreational species, it is likely that revenues generated from
summer flounder and scup 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 entities (highest value was $2.7 million).
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
In seeking to minimize the impact of recreational management
measures (minimum fish size, possession limit, and fishing season) on
small entities (i.e., Federal party/charter permit holders), NMFS is
constrained to implementing measures that meet the conservation
objectives of the FMP and Magnuson-Stevens Act requirements. The only
other summer flounder management measure alternative considered was the
less restrictive status quo alternative (i.e., the non-preferred
coastwide 2016 measures). State-specific implications of the no-action
(coastwide) alternative of an 18-inch (45.7-cm) minimum fish size, a 4-
fish bag limit, and closed season of May 1 through September 30, would
not achieve the mortality objectives required by the FMP, and,
therefore,
[[Page 31494]]
cannot be continued for the 2017 fishing season.
The conservation equivalency approach implemented by this action
allows states some degree of flexibility in the specification of
management measures, unlike the application of one set of uniform
coastwide measures. The degree of flexibility available to states under
conservation equivalency is constrained to a combined suite of minimum
fish size, per angler possession limit, and fishing season that will
likely constrain catch to the 2017 recreational harvest limit. This
provides the opportunity for states to construct measures that achieve
the conservation objective while providing a state-specific set of
measures in lieu of the one-size-fits-all coastwide measure.
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 party/charter permits issued for
the summer flounder and scup fisheries. In addition, copies of this
final rule and guide (i.e., permit holder letter) are available from
NMFS (see ADDRESSES) and at the following Web site: https://www.greateratlantic.fisheries.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 3, 2017.
Chris Oliver,
Assistant Administrator for Fisheries, National Marine Fisheries
Services.
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. 648.104, 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. Section 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. 2017-14280 Filed 7-6-17; 8:45 am]
BILLING CODE 3510-22-P
