Fisheries of the Northeastern United States; Summer Flounder, Scup, Black Sea Bass Fisheries; 2018 and Projected 2019 Scup Specifications and Announcement of Final 2018 Summer Flounder and Black Sea Bass Specifications, 60682-60686 [2017-27581]
Download as PDF
<![CDATA[
60682
Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
exceeded upon landing. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico,
where NMFS prohibits targeting fishing
for BFT, and applies to those vessels
permitted in the General category, as
well as to those HMS Charter/Headboat
permitted vessels with a commercial
sale endorsement when fishing
commercially for BFT fishing
commercially for BFT. For information
regarding the CHB commercial sale
endorsement, see 82 FR 57543,
December 6, 2017.
Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional action
(e.g., quota adjustment, daily retention
limit adjustment, or closure) is
necessary to ensure available subquotas
are not exceeded or to enhance
scientific data collection from, and
fishing opportunities in, all geographic
areas. If needed, subsequent
adjustments will be published in the
Federal Register. In addition, fishermen
may call the Atlantic Tunas Information
Line at (978) 281–9260, or access
hmspermits.noaa.gov, for updates on
quota monitoring and inseason
adjustments.
Classification
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
2006 Consolidated HMS FMP and
amendments provide for inseason
retention limit adjustments to respond
to the unpredictable nature of BFT
availability on the fishing grounds, the
migratory nature of this species, and the
regional variations in the BFT fishery.
Affording prior notice and opportunity
for public comment to implement the
quota transfer for the January 2018
subquota period at this time is
impracticable and contrary to the public
interest as NMFS could not have
proposed this action earlier, as it needed
to consider and respond to updated data
and information from the 2017 General
category fishery, including the recentlyavailable December 2017 data, in
deciding to transfer a portion of the
December 2018 quota to the January
2018 subquota. If NMFS was to offer a
public comment period now, after
having appropriately considered that
data, it could preclude fishermen from
harvesting BFT that are legally available
VerDate Sep<11>2014
16:04 Dec 21, 2017
Jkt 244001
consistent with all of the regulatory
criteria, and/or could result in selection
of a retention limit inappropriately high
for the amount of quota available for the
period. Therefore, the AA finds good
cause under 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment. For these reasons,
there also is good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effectiveness.
This action is being taken under
§ 635.27(a)(9), and is exempt from
review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 19, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–27648 Filed 12–20–17; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170828822–70999–02]
RIN 0648–XF669
Fisheries of the Northeastern United
States; Summer Flounder, Scup, Black
Sea Bass Fisheries; 2018 and
Projected 2019 Scup Specifications
and Announcement of Final 2018
Summer Flounder and Black Sea Bass
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
catch limits to account for previous
overages, finalize the 2018 black sea
bass specifications, and inform the
public of projected scup specifications
for the 2019 fishing year.
DATES: Effective December 22, 2017,
through December 31, 2018.
ADDRESSES: Copies of the specifications
document, including the Environmental
Assessment (EA), are available on
request from Dr. Christopher M. Moore,
Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901.
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
(978) 281–9244.
SUPPLEMENTARY INFORMATION:
General Background
Scup, summer flounder, and black sea
bass are jointly managed by the MidAtlantic Fishery Management Council
and the Atlantic States Marine Fisheries
Commission as part of the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan (FMP). This
action implements revised scup
specifications for the 2018 fishing year
and announces projected 2019 scup
specifications. This rule also revises the
2018 summer flounder commercial
annual catch limit (ACL) and
subsequent state commercial quotas to
account for an ACL overage in 2016,
consistent with the FMP and
regulations. The previously projected
2018 black sea bass specifications (82
FR 24078; May 25 2017) are announced
as final in this action.
AGENCY:
Final Scup Specifications
NMFS issues revised scup
specifications for the 2018 fishing year
and projected specifications for 2019.
Additionally, this action implements a
summer flounder accountability
measure for 2018. These actions are
necessary to comply with regulations
implementing the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan, and to ensure
compliance with the Magnuson-Stevens
Fishery Conservation and Management
Act. This rule is intended to revise the
2018 scup catch limits based on
updated scientific information to afford
more opportunity to obtain optimum
yield, update the summer flounder
Background on how the Council
derived the 2018 and 2019 scup
specifications was outlined in the
proposed rule (82 FR 51594; November
7, 2017) and is not repeated here. We
are implementing the 2018 final and
2019 projected scup specifications as
proposed.
The 2018 and 2019 annual catch
targets (ACTs) implemented by this final
rule are based on the 2019 acceptable
biological catch (ABC) and setting the
ACLs for 2019 equal to the ACTs. The
resulting 2018 commercial quota is 38
percent higher than what is currently in
place for 2018. Similarly, the resulting
2018 recreational harvest limit is 41
percent higher. This rule makes no
changes to the commercial scup
management measures (e.g., mesh
requirements, fishery seasons, etc.).
SUMMARY:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
E:\FR\FM\22DER1.SGM
22DER1
Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations
60683
TABLE 1—FINAL SCUP SPECIFICATIONS FOR 2018 AND PROJECTED FOR 2019
Scup specifications
2018 (Current)
million lb
Overfishing Limit (OFL) ............................
ABC ..........................................................
Commercial ACL ......................................
Commercial ACT ......................................
Commercial Discards ...............................
Commercial Quota ...................................
Recreational ACL .....................................
Recreational ACT .....................................
Recreational Discards ..............................
Recreational Harvest Limit .......................
29.68
27.05
21.10
21.10
3.76
17.34
5.95
5.95
0.75
5.21
2018 (Revised)
mt
million lb
13,462
12,270
9,571
9,571
1,705
7,866
2,699
2,699
338
2,361
2019 (Projected)
mt
45.05
39.14
30.53
28.42
4.43
23.98
8.61
8.01
0.65
7.37
million lb
20,433
17,755
13,849
12,890
2,011
10,879
3,906
3,636
293
3,342
mt
41.03
36.43
28.42
28.42
4.43
23.98
8.01
8.01
0.65
7.37
18,612
16,525
12,890
12,890
2,011
10,879
3,636
3,636
293
3,342
The 2018 scup commercial quota is
divided into three commercial fishery
quota periods, as outlined in Table 2.
TABLE 2—COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2018 BY QUOTA PERIOD
2018 Initial quota
Quota period
Percent share
lb
mt
Winter I ........................................................................................................................................
Summer .......................................................................................................................................
Winter II .......................................................................................................................................
45.11
38.95
15.94
10,820,000
9,340,986
3,822,816
4,908
4,237
1,734
Total ......................................................................................................................................
100.0
23,983,802
10,879
Note: Metric tons are as converted from pounds and may not necessarily total due to rounding.
The current quota period possession
limits are not changed by this action,
and are outlined in Table 3. The Winter
I possession limit will drop to 1,000 lb
(454 kg) upon attainment of 80 percent
of that period’s allocation. If the Winter
I quota is not fully harvested, the
remaining quota is transferred to Winter
II. The Winter II possession limit may be
adjusted (in association with a transfer
of unused Winter I quota to the Winter
II period) via notice in the Federal
Register. The regulations specify that
the Winter II possession limit increases
consistent with the increase in the
quota, as described in Table 4.
TABLE 3—COMMERCIAL SCUP POSSESSION LIMITS BY QUOTA PERIOD
Quota period
Percent share
Federal possession limits
(per trip)
lb
kg
Winter I ........................................................................................................................................
Summer .......................................................................................................................................
Winter II .......................................................................................................................................
45.11
38.95
15.94
50,000
N/A
12,000
22,680
N/A
5,443
Total ......................................................................................................................................
100.0
N/A
N/A
TABLE 4—POTENTIAL INCREASE IN WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF UNUSED SCUP ROLLED
OVER FROM WINTER I TO WINTER II
sradovich on DSK3GMQ082PROD with RULES
Initial Winter II possession limit
lb
Rollover from Winter I to Winter II
kg
lb
Increase in initial
Winter II possession
limit
kg
lb
12,000
12,000
12,000
12,000
......................
......................
......................
......................
VerDate Sep<11>2014
5,443
5,443
5,443
5,443
16:04 Dec 21, 2017
0–499,999
500,000–999,999
1,000,000–1,499,999
1,500,000–1,999,999
Jkt 244001
PO 00000
Final Winter II possession
limit after rollover from
Winter I to Winter II
Frm 00011
0–226,796
226,796–453,592
453,592–680,388
680,389–907,184
Fmt 4700
Sfmt 4700
0
1,500
3,000
4,500
E:\FR\FM\22DER1.SGM
kg
0
680
1,361
2,041
22DER1
lb
12,000
13,500
15,000
16,500
kg
5,443
6,123
6,804
7,484
60684
Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations
TABLE 4—POTENTIAL INCREASE IN WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF UNUSED SCUP ROLLED
OVER FROM WINTER I TO WINTER II—Continued
Initial Winter II possession limit
lb
Rollover from Winter I to Winter II
kg
lb
Increase in initial
Winter II possession
limit
kg
lb
12,000 ......................
5,443
Final Winter II possession
limit after rollover from
Winter I to Winter II
* 2,000,000–2,500,000
907,185–1,133,981
kg
6,000
lb
2,722
kg
18,000
8,165
* This process of increasing the possession limit in 1,500 lb (680 kg) increments would continue past 2,500,000 lb (1,122,981 kg), but we end
here for the purpose of this example.
Accountability Measure Quota
Adjustment Announcements
Each year, NMFS publishes a notice
to inform the public and the states of
any commercial summer flounder, scup,
or black sea bass overages that are
deducted from a fishing year’s
allocations for the start of the fishing
year. These overages are determined
based on a review of catch and landings
information for the previous full year of
fishing information as well as any
preliminary information in the current
fishing year. In this case, the previous
full year of fishing information for
fishing year 2016 became available in
late November 2017. This final rule is
announcing a 2018 accountability
measure for the summer flounder
commercial fishery, as required by the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan and in
compliance with the regulations at
§ 648.103.
Summer Flounder
This final rule implements an
accountability measure to address a
2016 commercial ACL overage in the
summer flounder fishery. Although the
2016 commercial summer flounder
quota was not fully harvested, our
estimates indicate that the commercial
summer flounder 2016 ACL (9.42
million lb; 4,275 mt) was exceeded by
191,218 lb (86.7 mt). This overage was
due entirely to the fact that 2016 discard
estimates were much higher than
originally projected, accounting for 19.3
percent of the total commercial catch in
2016. Ultimately, this results in a 2016
ACL overage of 2 percent. As a result,
the regulations require an automatic
pound-for-pound payback from the 2018
summer flounder ACL (7.70 million lb;
3,491 mt), which results in a 2.5-percent
decrease in the ACL compared to what
was previously projected for the year
(Table 5). Once the 2018 estimated
discards (1.07 million lb; 485 mt) are
subtracted from the adjusted ACL, the
resulting 2018 commercial quota is
reduced by 2.9 percent from the
previously projected level. This final
2018 summer flounder commercial
quota is 13.7 percent higher than the
quota in place for 2017 (5.66 million lb;
2,567 mt).
TABLE 5—2018 FINAL SUMMER
FLOUNDER SPECIFICATIONS—Continued
Million lb
Recreational Harvest
Limit ...........................
4.42
Mt
2,004
1 Incorporates
reductions for 2016 overages.
The initial 2018 commercial ACL/ACT was
7.70 million lb (3,491 mt) and the initial 2018
commercial quota was 6.63 million lb (3,006
mt).
Table 6 summarizes the commercial
summer flounder quotas for each state,
incorporating the revised 2018
commercial ACL. This rule announces
commercial state quota overage
reductions necessary for fishing year
2018. Table 6 includes percent shares as
outlined in § 648.102 (c)(1)(i), the
resultant 2018 commercial quotas, quota
overages (as needed), and the final
adjusted 2018 commercial quotas. The
2017 quota overage is determined by
comparing landings for January through
TABLE 5—2018 FINAL SUMMER
October 2017, plus any 2016 landings
FLOUNDER SPECIFICATIONS
overage that was not previously
addressed in establishing the 2017
Million lb
Mt
summer flounder specifications, for
Commercial ACL/ACT 1
7.51
3,404 each state. For Delaware, this includes
Recreational ACL/ACT
5.53
2,508 continued repayment of overharvest
Commercial Quota 1 .....
6.44
2,919 from previous years.
TABLE 6—FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER QUOTAS FOR 2018
sradovich on DSK3GMQ082PROD with RULES
State
FMP
percent
share
2018 Initial
quota
lb
2018 Adjusted quota
(ACL overage)
kg
lb
Overages through October
31, 2017
kg
lb
kg
Final adjusted 2018
quota, less overages
lb
kg
Maine .........................................
New Hampshire .........................
Massachusetts ..........................
Rhode Island .............................
Connecticut ...............................
New York ...................................
New Jersey ...............................
Delaware ...................................
Maryland ....................................
Virginia ......................................
North Carolina ...........................
0.04756
0.00046
6.82046
15.68298
2.25708
7.64699
16.72499
0.01779
2.0391
21.31676
27.44584
3,152
30
451,998
1,039,326
149,579
506,773
1,108,381
1,179
135,133
1,412,682
1,818,862
1,430
14
205,023
471,430
67,848
229,868
502,753
535
61,295
640,782
825,022
3,061
30
438,973
1,009,375
145,268
492,169
1,076,440
1,145
131,239
1,371,972
1,766,447
1,388
13
199,115
457,845
65,893
223,244
488,265
519
59,529
622,316
801,247
0
0
37,816
13,002
0
0
0
49,638
0
0
0
0
0
17,153
5,898
0
0
0
22,515
0
0
0
3,061
30
401,157
996,373
145,268
492,169
1,076,440
¥48,493
131,239
1,371,972
1,766,447
1,388
13
181,962
451,947
65,893
223,244
488,265
¥21,996
59,529
622,316
801,247
Total ...................................
100
6,627,096
3,006,000
6,436,120
2,919,375
....................
....................
6,384,158
2,895,805
Notes: Kilograms are as converted from pounds and may not necessarily add due to rounding. Total quota is the sum for all states with an allocation. A state with
a negative number has a 2018 allocation of zero (0). Total adjusted 2018 quota, less overages, does not include negative allocations (i.e., Delaware’s overage).
VerDate Sep<11>2014
16:04 Dec 21, 2017
Jkt 244001
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
E:\FR\FM\22DER1.SGM
22DER1
Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
Delaware Summer Flounder Closure
Table 6 shows the amount of
overharvest from previous years for
Delaware is greater than the amount of
commercial quota allocated to Delaware
for 2018. As a result, there is no quota
available for 2018 in Delaware. The
regulations at § 648.4(b) provide that
Federal permit holders, as a condition of
their permit, must not land summer
flounder in any state that the NMFS
Greater Atlantic Region Administrator
has determined no longer has
commercial quota available for harvest.
Therefore, landings of summer flounder
in Delaware by vessels holding
commercial Federal summer flounder
permits are prohibited for the 2018
calendar year, unless additional quota
becomes available through a quota
transfer and is announced in the
Federal Register. Federally permitted
dealers are advised that they may not
purchase summer flounder from
federally permitted vessels that land in
Delaware for the 2018 calendar year,
unless additional quota becomes
available through a transfer, as
mentioned above.
Black Sea Bass
Although the 2016 commercial quota
was not fully harvested, the commercial
black sea bass 2016 ACL (3.15 million
lb; 1,428 mt) was exceeded by
approximately 630,000 lb (286 mt). This
overage was due entirely to the fact that
2016 discard estimates were much
higher than originally projected,
accounting for 40.3 percent of the total
commercial catch in 2016. This results
in a 2016 ACL overage of 20 percent.
However, similar to last year’s
reconsideration of the 2017 commercial
ACL accountability measure given the
2016 benchmark assessment, we will
not implement an accountability
measure for this overage. The
assessment provided updated
information on the condition of the
stock indicating that the 2016
specifications, including estimated
discards, could have been much higher
if the assessment had been available
when those catch limits were
implemented. Because an accountability
measure likely would not have been
triggered if catch limits had been
consistent with our understanding of
the stock’s status, implementing an
accountability measure is unnecessary.
Biomass remains well above the
biomass target and the stock is not
subject to overfishing. The final black
sea bass specifications for 2018,
unchanged from when first announced
as projected, are outlined in Table 7.
These specifications are consistent with
VerDate Sep<11>2014
16:04 Dec 21, 2017
Jkt 244001
the Council’s Scientific and Statistical
Committee’s ABC recommendation and
are sufficient to ensure the stock is not
subject to overfishing or likely to be
reduced below the biomass target.
60685
This rule is being issued at the earliest
possible date. Preparation of the
proposed rule was dependent on the
submission of the EA in support of the
specifications that is developed by the
Council. A complete document was
TABLE 7—FINAL 2018 BLACK SEA
received by NMFS in early December
2017. Documentation in support of the
BASS SPECIFICATIONS
Council’s recommended specifications
Million lb
Mt
is required for NMFS to provide the
public with information from the
Commercial ACL/ACT ..
4.35
1,974 environmental and economic analyses,
Recreational ACL/ACT
4.59
2,083
Commercial Quota ........
3.52
1,596 as required in rulemaking, and to
evaluate the consistency of the
Recreational Harvest
Limit ...........................
3.66
1,661 Council’s recommendation with the
Magnuson-Stevens Act and other
applicable law. The proposed rule
Comments and Responses
published on November 7, 2017, with a
On November 7, 2017, NMFS
15-day comment period ending
published the proposed scup
November 22, 2017. Publication of the
specifications for public notice and
summer flounder quotas at the start of
comment. NMFS received three
the fishing year that begins January 1 of
comments on the proposed rule. Two
each fishing year is required by the
commenters were in opposition to the
order of Judge Robert Doumar in North
increase in the scup catch limits. One
Carolina Fisheries Association v. Daley.
offered no reason for opposition, while
Although there are currently established
the other noted concern over market
2018 catch limits for summer flounder,
instability and a drop in the price of
scup should the market be flooded. This this action adjusts overall quotas and
state allocations to account for 2016
second commenter supported
ACL overages. Without these revised
maintaining status quo measures for
summer flounder specifications in place
2018. This increase in scup catch limit
on January 1, 2018, individual states
is intended to meet the objective of
will not be held to the appropriately
achieving optimum yield while also
accounting for management uncertainty. reduced limits and will be unable to set
accurate commercial possession and/or
As outlined in the EA of this action,
scup landings have been well below the trip limits, which apportion the catch
over the entirety of the calendar year.
commercial quota since 2011. It is not
This is the very issue Judge Doumar
anticipated that the commercial quota
increase will result in a large increase in sought to remedy by compelling NMFS
to provide quota information on or
landings. The third commenter offered
before the start of the fishing year.
support for the catch limit increases,
Disproportionately large harvest
noting the benefits for both the
occurring within the first weeks of 2018
commercial and recreational fisheries.
would disadvantage some gear sectors
No changes to the proposed scup
or owners and operators of smaller
specifications were made as a result of
vessels that typically fish later in the
these comments.
fishing season.
Classification
Furthermore, the revised 2018 scup
catch limits increase fishing
The Administrator, Greater Atlantic
opportunities, so their timely
Region, NMFS, determined that these
implementation also relieves the
specifications are necessary for the
restriction of potentially constrained
conservation and management of the
fishing opportunity. This action will
summer flounder, scup, and black sea
increase the coastwide 2018 scup quota
bass fisheries and that they are
by 31 percent and increases the 2018
consistent with the Magnuson-Stevens
scup recreational harvest limit by 41
Act and other applicable laws.
percent, providing federally permitted
The Assistant Administrator for
vessels additional harvest opportunity.
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the
If this final rule were delayed for 30
30-day delay of effectiveness period for
days, the scup fishery would forego
this rule, to ensure that the final
some amount of landings and revenues
specifications are in place on January 1, during the delay period, as this rule
2018. This action establishes the final
relieves, in part, a quota-related
specifications (i.e., annual catch limits)
restriction. In addition, NMFS would
for the scup, summer flounder, and
violate a standing court order regarding
black sea bass fisheries for the 2018
summer flounder quotas. For all of these
fishing year, which begins on January 1, reasons, a 30-day delay in effectiveness
2018.
would be contrary to the public interest.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
E:\FR\FM\22DER1.SGM
22DER1
60686
Federal Register / Vol. 82, No. 245 / Friday, December 22, 2017 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
As a result, NMFS is waiving the
requirement.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
VerDate Sep<11>2014
16:04 Dec 21, 2017
Jkt 244001
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification, and the initial
certification remains unchanged. As a
result, a final regulatory flexibility
analysis is not required and none has
been prepared.
PO 00000
Frm 00014
Fmt 4700
Sfmt 9990
Authority: 16 U.S.C. 1801 et seq.
Dated: December 18, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–27581 Filed 12–21–17; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\22DER1.SGM
22DER1
]]>Agencies
[Federal Register Volume 82, Number 245 (Friday, December 22, 2017)]
[Rules and Regulations]
[Pages 60682-60686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27581]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170828822-70999-02]
RIN 0648-XF669
Fisheries of the Northeastern United States; Summer Flounder,
Scup, Black Sea Bass Fisheries; 2018 and Projected 2019 Scup
Specifications and Announcement of Final 2018 Summer Flounder and Black
Sea Bass Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues revised scup specifications for the 2018 fishing
year and projected specifications for 2019. Additionally, this action
implements a summer flounder accountability measure for 2018. These
actions are necessary to comply with regulations implementing the
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, and
to ensure compliance with the Magnuson-Stevens Fishery Conservation and
Management Act. This rule is intended to revise the 2018 scup catch
limits based on updated scientific information to afford more
opportunity to obtain optimum yield, update the summer flounder catch
limits to account for previous overages, finalize the 2018 black sea
bass specifications, and inform the public of projected scup
specifications for the 2019 fishing year.
DATES: Effective December 22, 2017, through December 31, 2018.
ADDRESSES: Copies of the specifications document, including the
Environmental Assessment (EA), are available on request from Dr.
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 North State Street, Dover, DE 19901.
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
(978) 281-9244.
SUPPLEMENTARY INFORMATION:
General Background
Scup, summer flounder, and black sea bass are jointly managed by
the Mid-Atlantic Fishery Management Council and the Atlantic States
Marine Fisheries Commission as part of the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP). This action implements
revised scup specifications for the 2018 fishing year and announces
projected 2019 scup specifications. This rule also revises the 2018
summer flounder commercial annual catch limit (ACL) and subsequent
state commercial quotas to account for an ACL overage in 2016,
consistent with the FMP and regulations. The previously projected 2018
black sea bass specifications (82 FR 24078; May 25 2017) are announced
as final in this action.
Final Scup Specifications
Background on how the Council derived the 2018 and 2019 scup
specifications was outlined in the proposed rule (82 FR 51594; November
7, 2017) and is not repeated here. We are implementing the 2018 final
and 2019 projected scup specifications as proposed.
The 2018 and 2019 annual catch targets (ACTs) implemented by this
final rule are based on the 2019 acceptable biological catch (ABC) and
setting the ACLs for 2019 equal to the ACTs. The resulting 2018
commercial quota is 38 percent higher than what is currently in place
for 2018. Similarly, the resulting 2018 recreational harvest limit is
41 percent higher. This rule makes no changes to the commercial scup
management measures (e.g., mesh requirements, fishery seasons, etc.).
[[Page 60683]]
Table 1--Final Scup Specifications for 2018 and Projected for 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
Scup specifications
-----------------------------------------------------------------------------------------------
2018 (Current) 2018 (Revised) 2019 (Projected)
-----------------------------------------------------------------------------------------------
million lb mt million lb mt million lb mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Overfishing Limit (OFL)................................. 29.68 13,462 45.05 20,433 41.03 18,612
ABC..................................................... 27.05 12,270 39.14 17,755 36.43 16,525
Commercial ACL.......................................... 21.10 9,571 30.53 13,849 28.42 12,890
Commercial ACT.......................................... 21.10 9,571 28.42 12,890 28.42 12,890
Commercial Discards..................................... 3.76 1,705 4.43 2,011 4.43 2,011
Commercial Quota........................................ 17.34 7,866 23.98 10,879 23.98 10,879
Recreational ACL........................................ 5.95 2,699 8.61 3,906 8.01 3,636
Recreational ACT........................................ 5.95 2,699 8.01 3,636 8.01 3,636
Recreational Discards................................... 0.75 338 0.65 293 0.65 293
Recreational Harvest Limit.............................. 5.21 2,361 7.37 3,342 7.37 3,342
--------------------------------------------------------------------------------------------------------------------------------------------------------
The 2018 scup commercial quota is divided into three commercial
fishery quota periods, as outlined in Table 2.
Table 2--Commercial Scup Quota Allocations for 2018 by Quota Period
----------------------------------------------------------------------------------------------------------------
2018 Initial quota
Quota period Percent share -------------------------------
lb mt
----------------------------------------------------------------------------------------------------------------
Winter I........................................................ 45.11 10,820,000 4,908
Summer.......................................................... 38.95 9,340,986 4,237
Winter II....................................................... 15.94 3,822,816 1,734
-----------------------------------------------
Total....................................................... 100.0 23,983,802 10,879
----------------------------------------------------------------------------------------------------------------
Note: Metric tons are as converted from pounds and may not necessarily total due to rounding.
The current quota period possession limits are not changed by this
action, and are outlined in Table 3. The Winter I possession limit will
drop to 1,000 lb (454 kg) upon attainment of 80 percent of that
period's allocation. If the Winter I quota is not fully harvested, the
remaining quota is transferred to Winter II. The Winter II possession
limit may be adjusted (in association with a transfer of unused Winter
I quota to the Winter II period) via notice in the Federal Register.
The regulations specify that the Winter II possession limit increases
consistent with the increase in the quota, as described in Table 4.
Table 3--Commercial Scup Possession Limits by Quota Period
----------------------------------------------------------------------------------------------------------------
Federal possession limits (per
trip)
Quota period Percent share -------------------------------
lb kg
----------------------------------------------------------------------------------------------------------------
Winter I........................................................ 45.11 50,000 22,680
Summer.......................................................... 38.95 N/A N/A
Winter II....................................................... 15.94 12,000 5,443
-----------------------------------------------
Total....................................................... 100.0 N/A N/A
----------------------------------------------------------------------------------------------------------------
Table 4--Potential Increase in Winter II Possession Limits Based on the Amount of Unused Scup Rolled Over From Winter I to Winter II
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Winter II possession limit Rollover from Winter I to Winter II Increase in initial Final Winter II
----------------------------------------------------------------------------------------------------- Winter II possession possession limit after
limit rollover from Winter I
-------------------------- to Winter II
lb kg lb kg -------------------------
lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
12,000..................................... 5,443 0-499,999 0-226,796 0 0 12,000 5,443
12,000..................................... 5,443 500,000-999,999 226,796-453,592 1,500 680 13,500 6,123
12,000..................................... 5,443 1,000,000-1,499,999 453,592-680,388 3,000 1,361 15,000 6,804
12,000..................................... 5,443 1,500,000-1,999,999 680,389-907,184 4,500 2,041 16,500 7,484
[[Page 60684]]
12,000..................................... 5,443 * 2,000,000- 907,185-1,133,981 6,000 2,722 18,000 8,165
2,500,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
* This process of increasing the possession limit in 1,500 lb (680 kg) increments would continue past 2,500,000 lb (1,122,981 kg), but we end here for
the purpose of this example.
Accountability Measure Quota Adjustment Announcements
Each year, NMFS publishes a notice to inform the public and the
states of any commercial summer flounder, scup, or black sea bass
overages that are deducted from a fishing year's allocations for the
start of the fishing year. These overages are determined based on a
review of catch and landings information for the previous full year of
fishing information as well as any preliminary information in the
current fishing year. In this case, the previous full year of fishing
information for fishing year 2016 became available in late November
2017. This final rule is announcing a 2018 accountability measure for
the summer flounder commercial fishery, as required by the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan and in
compliance with the regulations at Sec. 648.103.
Summer Flounder
This final rule implements an accountability measure to address a
2016 commercial ACL overage in the summer flounder fishery. Although
the 2016 commercial summer flounder quota was not fully harvested, our
estimates indicate that the commercial summer flounder 2016 ACL (9.42
million lb; 4,275 mt) was exceeded by 191,218 lb (86.7 mt). This
overage was due entirely to the fact that 2016 discard estimates were
much higher than originally projected, accounting for 19.3 percent of
the total commercial catch in 2016. Ultimately, this results in a 2016
ACL overage of 2 percent. As a result, the regulations require an
automatic pound-for-pound payback from the 2018 summer flounder ACL
(7.70 million lb; 3,491 mt), which results in a 2.5-percent decrease in
the ACL compared to what was previously projected for the year (Table
5). Once the 2018 estimated discards (1.07 million lb; 485 mt) are
subtracted from the adjusted ACL, the resulting 2018 commercial quota
is reduced by 2.9 percent from the previously projected level. This
final 2018 summer flounder commercial quota is 13.7 percent higher than
the quota in place for 2017 (5.66 million lb; 2,567 mt).
Table 5--2018 Final Summer Flounder Specifications
------------------------------------------------------------------------
Million
lb Mt
------------------------------------------------------------------------
Commercial ACL/ACT \1\.............................. 7.51 3,404
Recreational ACL/ACT................................ 5.53 2,508
Commercial Quota \1\................................ 6.44 2,919
Recreational Harvest Limit.......................... 4.42 2,004
------------------------------------------------------------------------
\1\ Incorporates reductions for 2016 overages. The initial 2018
commercial ACL/ACT was 7.70 million lb (3,491 mt) and the initial 2018
commercial quota was 6.63 million lb (3,006 mt).
Table 6 summarizes the commercial summer flounder quotas for each
state, incorporating the revised 2018 commercial ACL. This rule
announces commercial state quota overage reductions necessary for
fishing year 2018. Table 6 includes percent shares as outlined in Sec.
648.102 (c)(1)(i), the resultant 2018 commercial quotas, quota overages
(as needed), and the final adjusted 2018 commercial quotas. The 2017
quota overage is determined by comparing landings for January through
October 2017, plus any 2016 landings overage that was not previously
addressed in establishing the 2017 summer flounder specifications, for
each state. For Delaware, this includes continued repayment of
overharvest from previous years.
Table 6--Final State-by-State Commercial Summer Flounder Quotas for 2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018 Initial quota 2018 Adjusted quota (ACL Overages through October Final adjusted 2018
FMP percent -------------------------- overage) 31, 2017 quota, less overages
State share -----------------------------------------------------------------------------
lb kg lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maine.............................. 0.04756 3,152 1,430 3,061 1,388 0 0 3,061 1,388
New Hampshire...................... 0.00046 30 14 30 13 0 0 30 13
Massachusetts...................... 6.82046 451,998 205,023 438,973 199,115 37,816 17,153 401,157 181,962
Rhode Island....................... 15.68298 1,039,326 471,430 1,009,375 457,845 13,002 5,898 996,373 451,947
Connecticut........................ 2.25708 149,579 67,848 145,268 65,893 0 0 145,268 65,893
New York........................... 7.64699 506,773 229,868 492,169 223,244 0 0 492,169 223,244
New Jersey......................... 16.72499 1,108,381 502,753 1,076,440 488,265 0 0 1,076,440 488,265
Delaware........................... 0.01779 1,179 535 1,145 519 49,638 22,515 -48,493 -21,996
Maryland........................... 2.0391 135,133 61,295 131,239 59,529 0 0 131,239 59,529
Virginia........................... 21.31676 1,412,682 640,782 1,371,972 622,316 0 0 1,371,972 622,316
North Carolina..................... 27.44584 1,818,862 825,022 1,766,447 801,247 0 0 1,766,447 801,247
--------------------------------------------------------------------------------------------------------------------
Total.......................... 100 6,627,096 3,006,000 6,436,120 2,919,375 ........... ........... 6,384,158 2,895,805
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: Kilograms are as converted from pounds and may not necessarily add due to rounding. Total quota is the sum for all states with an allocation. A
state with a negative number has a 2018 allocation of zero (0). Total adjusted 2018 quota, less overages, does not include negative allocations (i.e.,
Delaware's overage).
[[Page 60685]]
Delaware Summer Flounder Closure
Table 6 shows the amount of overharvest from previous years for
Delaware is greater than the amount of commercial quota allocated to
Delaware for 2018. As a result, there is no quota available for 2018 in
Delaware. The regulations at Sec. 648.4(b) provide that Federal permit
holders, as a condition of their permit, must not land summer flounder
in any state that the NMFS Greater Atlantic Region Administrator has
determined no longer has commercial quota available for harvest.
Therefore, landings of summer flounder in Delaware by vessels holding
commercial Federal summer flounder permits are prohibited for the 2018
calendar year, unless additional quota becomes available through a
quota transfer and is announced in the Federal Register. Federally
permitted dealers are advised that they may not purchase summer
flounder from federally permitted vessels that land in Delaware for the
2018 calendar year, unless additional quota becomes available through a
transfer, as mentioned above.
Black Sea Bass
Although the 2016 commercial quota was not fully harvested, the
commercial black sea bass 2016 ACL (3.15 million lb; 1,428 mt) was
exceeded by approximately 630,000 lb (286 mt). This overage was due
entirely to the fact that 2016 discard estimates were much higher than
originally projected, accounting for 40.3 percent of the total
commercial catch in 2016. This results in a 2016 ACL overage of 20
percent. However, similar to last year's reconsideration of the 2017
commercial ACL accountability measure given the 2016 benchmark
assessment, we will not implement an accountability measure for this
overage. The assessment provided updated information on the condition
of the stock indicating that the 2016 specifications, including
estimated discards, could have been much higher if the assessment had
been available when those catch limits were implemented. Because an
accountability measure likely would not have been triggered if catch
limits had been consistent with our understanding of the stock's
status, implementing an accountability measure is unnecessary. Biomass
remains well above the biomass target and the stock is not subject to
overfishing. The final black sea bass specifications for 2018,
unchanged from when first announced as projected, are outlined in Table
7. These specifications are consistent with the Council's Scientific
and Statistical Committee's ABC recommendation and are sufficient to
ensure the stock is not subject to overfishing or likely to be reduced
below the biomass target.
Table 7--Final 2018 Black Sea Bass Specifications
------------------------------------------------------------------------
Million
lb Mt
------------------------------------------------------------------------
Commercial ACL/ACT.................................. 4.35 1,974
Recreational ACL/ACT................................ 4.59 2,083
Commercial Quota.................................... 3.52 1,596
Recreational Harvest Limit.......................... 3.66 1,661
------------------------------------------------------------------------
Comments and Responses
On November 7, 2017, NMFS published the proposed scup
specifications for public notice and comment. NMFS received three
comments on the proposed rule. Two commenters were in opposition to the
increase in the scup catch limits. One offered no reason for
opposition, while the other noted concern over market instability and a
drop in the price of scup should the market be flooded. This second
commenter supported maintaining status quo measures for 2018. This
increase in scup catch limit is intended to meet the objective of
achieving optimum yield while also accounting for management
uncertainty. As outlined in the EA of this action, scup landings have
been well below the commercial quota since 2011. It is not anticipated
that the commercial quota increase will result in a large increase in
landings. The third commenter offered support for the catch limit
increases, noting the benefits for both the commercial and recreational
fisheries. No changes to the proposed scup specifications were made as
a result of these comments.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
these specifications are necessary for the conservation and management
of the summer flounder, scup, and black sea bass fisheries and that
they are consistent with the Magnuson-Stevens Act and other applicable
laws.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness
period for this rule, to ensure that the final specifications are in
place on January 1, 2018. This action establishes the final
specifications (i.e., annual catch limits) for the scup, summer
flounder, and black sea bass fisheries for the 2018 fishing year, which
begins on January 1, 2018.
This rule is being issued at the earliest possible date.
Preparation of the proposed rule was dependent on the submission of the
EA in support of the specifications that is developed by the Council. A
complete document was received by NMFS in early December 2017.
Documentation in support of the Council's recommended specifications is
required for NMFS to provide the public with information from the
environmental and economic analyses, as required in rulemaking, and to
evaluate the consistency of the Council's recommendation with the
Magnuson-Stevens Act and other applicable law. The proposed rule
published on November 7, 2017, with a 15-day comment period ending
November 22, 2017. Publication of the summer flounder quotas at the
start of the fishing year that begins January 1 of each fishing year is
required by the order of Judge Robert Doumar in North Carolina
Fisheries Association v. Daley. Although there are currently
established 2018 catch limits for summer flounder, this action adjusts
overall quotas and state allocations to account for 2016 ACL overages.
Without these revised summer flounder specifications in place on
January 1, 2018, individual states will not be held to the
appropriately reduced limits and will be unable to set accurate
commercial possession and/or trip limits, which apportion the catch
over the entirety of the calendar year. This is the very issue Judge
Doumar sought to remedy by compelling NMFS to provide quota information
on or before the start of the fishing year. Disproportionately large
harvest occurring within the first weeks of 2018 would disadvantage
some gear sectors or owners and operators of smaller vessels that
typically fish later in the fishing season.
Furthermore, the revised 2018 scup catch limits increase fishing
opportunities, so their timely implementation also relieves the
restriction of potentially constrained fishing opportunity. This action
will increase the coastwide 2018 scup quota by 31 percent and increases
the 2018 scup recreational harvest limit by 41 percent, providing
federally permitted vessels additional harvest opportunity.
If this final rule were delayed for 30 days, the scup fishery would
forego some amount of landings and revenues during the delay period, as
this rule relieves, in part, a quota-related restriction. In addition,
NMFS would violate a standing court order regarding summer flounder
quotas. For all of these reasons, a 30-day delay in effectiveness would
be contrary to the public interest.
[[Page 60686]]
As a result, NMFS is waiving the requirement.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification, and the initial certification remains
unchanged. As a result, a final regulatory flexibility analysis is not
required and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 18, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017-27581 Filed 12-21-17; 8:45 am]
BILLING CODE 3510-22-P
