Fisheries of the Northeastern United States; Black Sea Bass Fishery; 2018 February Recreational Management Measures, 780-782 [2018-00065]
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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules
require periodic certifications that the
parties remain in compliance with the
incubation proposal approved by the
Commission.
E. Steps Taken To Minimize Significant
Economic Impact on Small Entities and
Significant Alternatives Considered
34. The RFA requires an agency to
describe any significant alternatives that
it has considered in reaching its
proposed approach, which may include
the following four alternatives (among
others): (1) The establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) the clarification,
consolidation, or simplification of
compliance or reporting requirements
under the rule for small entities; (3) the
use of performance, rather than design,
standard; and (4) an exemption from
coverage of the rule, or any part thereof,
for small entities.
35. To evaluate options and
alternatives should there be a significant
economic impact on small entities as a
result of actions that have been
proposed in this NPRM, the
Commission has sought comment from
the parties. The NPRM seeks comment
on the costs and benefits associated
with various proposals and alternatives
such as how to structure the
administration and oversight of an
incubator program and specifically
seeks comment on ways to reduce the
burdens on small entities. Overall,
however, the Commission believes that
small entities will benefit from their
participation in an incubator
arrangement by getting access to capital
and/or operational assistance that they
may otherwise lack, which may
minimize any economic impact that
may be incurred by small entities.
jstallworth on DSKBBY8HB2PROD with PROPOSALS
F. Federal Rules That May Duplicate,
Overlap, or Conflict With the Proposed
Rules
36. None.
VI. Ordering Clauses
37. Accordingly, it is ordered that,
pursuant to the authority contained in
sections 1, 2(a), 4(i), 257, 303, 307, 309,
310, and 403 of the Communications
Act of 1934, as amended, 47 U.S.C. 151,
152(a), 154(i), 257, 303, 307, 309, 310,
and 403, and section 202(h) of the
Telecommunications Act of 1996, the
Notice of Proposed Rulemaking is
adopted.
38. It is further ordered that, pursuant
to applicable procedures set forth in
sections 1.415 and 1.419 of the
Commission’s rules, 47 CFR 1.415,
1.419, interested parties may file
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comments on the NPRM in MB Docket
No. 17–289 on or before March 9, 2018
and reply comments on or before April
9, 2018.
39. It is further ordered that the
Commission’s Consumer and
Governmental Affairs Bureau, Reference
Information Center, shall send a copy of
the NPRM, including the Initial
Regulatory Flexibility Analysis, to the
Chief Counsel for Advocacy of the Small
Business Administration.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer. Office of the
Secretary.
[FR Doc. 2017–28328 Filed 1–5–18; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 171023999–7999–01]
RIN 0648–BH35
Fisheries of the Northeastern United
States; Black Sea Bass Fishery; 2018
February Recreational Management
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes recreational
management measures for a February
2018 black sea bass fishery. The
proposed action is intended to provide
additional recreational black sea bass
fishing opportunities while maintaining
management measures to prevent
overfishing. This action is also intended
to inform the public of these proposed
measures and to provide an opportunity
for comment.
DATES: Comments must be received by
5 p.m. local time, on January 23, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2017–0151, by either of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170151,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
SUMMARY:
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—OR—
Mail: Submit written comments to
John Bullard, Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930. Mark the outside of the
envelope: ‘‘Comments on the Proposed
Rule for 2018 Black Sea Bass February
Recreational Fishery.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
A draft environmental assessment
(EA) has been prepared for this action
that describes the proposed measures
and other considered alternatives, as
well as provides an analysis of the
impacts of the proposed measures and
alternatives. Copies of this draft EA,
including the Regulatory Flexibility Act
Analysis (RFAA) and Regulatory Impact
Review (RIR), are available online at
www.greateratlantic.fisheries.noaa.gov,
or on request from John Bullard,
Regional Administrator, National
Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT:
Cynthia Hanson, Fishery Management
Specialist, (978) 281–9180.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery
Management Council and the Atlantic
States Marine Fisheries Commission
jointly manage the summer flounder,
scup, and black sea bass fisheries under
the provisions of the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP). The
management unit specified in the FMP
for black sea bass (Centropristis striata)
is U.S. waters of the Atlantic Ocean
from 35 E 13.3′ N lat. (the latitude of
Cape Hatteras Lighthouse, Buxton,
North Carolina) north to the U.S./
Canada border. States manage black sea
bass through the Commission’s plan
within 3 nautical miles (4.83 km) of
their coasts. The applicable Federal
regulations govern vessels and
individual anglers fishing in Federal
waters of the exclusive economic zone
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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules
(EEZ), as well as vessels possessing a
Federal black sea bass charter/party
vessel permit, regardless of where they
fish. The recreational fishery is
essentially managed with four parts:
The recreational harvest limit; the open
season; minimum fish size; and a perangler possession limit. The recreational
harvest limit is established based on the
specifications formula in the FMP. The
open season, minimum fish size, and
bag limit are collectively referred to as
the ‘‘recreational management
measures.’’
jstallworth on DSKBBY8HB2PROD with PROPOSALS
Action Background
In 2017, the results of the 2016
benchmark assessment showed that the
black sea bass stock is not overfished,
overfishing is not occurring, and
biomass is 2.3 times higher than the
biomass target. These findings led both
the Council and Commission to
reconsider reopening a recreational
Wave 1 (January and February) black sea
bass fishery in 2018 as a way to increase
access and recreational fishing
opportunity while still constraining
landings within the recreational harvest
limit. The current Federal recreational
black sea fishing seasons are May 15
through September 21 and October 22
through December 31, and the last time
this fishery was open during Wave 1
was in 2013.
In October 2017, both the Council and
Commission approved the addition of a
February-only black sea bass
recreational season for 2018, with the
continued recreational measures of a
15-fish per-angler possession limit, and
a 12.5-inch (31.75-cm) minimum size.
The Council also agreed to work on the
implementation of a winter recreational
Letter of Authorization (LOA) program
for 2019 and beyond. The LOA program
would provide more robust monitoring
and reporting for a limited winter
recreational fishery; however, changes
of this magnitude require a framework
adjustment to the FMP and cannot be
developed in time for 2018.
Proposed Action
This action proposes to revise the
current 2018 Federal recreational
management measures for black sea bass
to include an additional 28-day fishing
season during the month of February.
The current recreational management
measures of a 12.5-inch (31.75-cm)
minimum fish size and 15-fish
possession limit would also apply. To
account for expected harvest during this
February season, the Council and
Commission calculated a catch estimate
of 100,000 lb (45.36 mt). Because there
are no Marine Recreational Information
Program survey data for Wave 1 in the
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black sea bass fishery, this catch
estimate is based on 2013 vessel trip
report (VTR) data from federally
permitted for-hire vessels that was
expanded to account for potential effort
from the private/rental and shore
modes. We propose to reduce the 2018
black sea bass recreational harvest limit
(3.66 million lb, 1,661 mt) by the
estimated catch of 100,000 lb (45.36 mt),
consistent with the Council and
Commission recommendation.
However, only states that participate in
the proposed February fishery will be
accountable for this estimated catch.
Participating states would be required to
adjust measures for the remainder of
2018, developed through the
Commission process, to account for the
estimated February catch.
This action is only intended to be in
place for the 2018 fishing year. The
intent of this proposed action is to allow
for some recreational fishing access
during Wave 1 in 2018 while the longterm framework adjustment is
developed. The Council and
Commission will develop and make
recommendations on management
measures for the remainder of the 2018
recreational fishery, including those to
accommodate this additional winter
season, throughout the spring of 2018.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson Stevens Fishery Conservation
and Management Act (MagnusonStevens Act), the NMFS Assistant
Administrator has determined that this
proposed rule is consistent with the
Summer Flounder, Scup, and Black Sea
Bass FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an initial regulatory
flexibility analysis (IRFA), as required
by section 603 of the Regulatory
Flexibility Act (RFA), to examine the
impacts of this proposed rule on small
business entities, if adopted. A
description of the management
measures, why they are being
considered, and the legal basis for this
action are contained at the beginning of
this section and in the preamble to this
proposed rule. A copy of the RFA
analysis is available from NMFS (see
ADDRESSES).
Description of the Reasons Why Action
by the Agency Is Being Considered
This action proposes a revision to the
2018 Federal recreational management
measures for black sea bass to include
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781
an additional 28-day fishing season
during the month of February. The
proposed measures would increase
recreational fishing access and
opportunity while still constraining
landings within the recreational harvest
limit.
Statement of the Objectives of, and
Legal Basis for, This Proposed Rule
The legal basis and objectives for this
action are contained in the preamble to
this proposed rule, and are not repeated
here.
Description and Estimate of the Number
of Small Entities to Which This
Proposed Rule Would Apply
The North American Industry
Classification System (NAICS) is the
standard used by Federal statistical
agencies in classifying business
establishments for the purpose of
collecting, analyzing, and publishing
statistical data related to the U.S.
business economy. A business primarily
engaged in for-hire fishing activity is
classified as a small business if it has
combined annual receipts not in excess
of $7.5 million (NAICS 11411) for RFA
compliance purposes only.
This proposed rule affects recreational
fish harvesting entities engaged in the
black sea bass fishery. Individually
permitted vessels may hold permits for
several fisheries, harvesting species of
fish that are regulated by several
different FMPs, even beyond those
affected by the proposed action.
Furthermore, multiple-permitted vessels
and/or permits may be owned by
entities affiliated by stock ownership,
common management, identity of
interest, contractual relationships, or
economic dependency. For the purposes
of RFA analysis, the ownership entities,
not the individual vessels, are
considered to be the regulated entities.
Ownership entities (firms) are defined
as those entities with common
ownership personnel as listed on the
permit application. Only permits with
identical ownership personnel are
categorized as an ownership entity. For
example, if five permits have the same
seven persons listed as co-owners on
their permit applications, those seven
persons would form one ownership
entity that holds those five permits. If
two of those seven owners also co-own
additional vessels, that ownership
arrangement would be considered a
separate ownership entity for the
purpose of this analysis.
The current ownership data set used
for this analysis is based on calendar
year 2016 (the most recent complete
year available) and contains average
gross sales associated with those
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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules
permits for calendar years 2014 through
2016. The ownership data for the forhire fleet indicate that there were 406
for-hire permits that generated revenues
from recreational fishing for various
species during the 2014–2016 period. Of
these permits there were 328 that were
not affiliated with any other ownership
group. The remaining 78 for-hire vessels
were comprised of affiliated ownership
groups with between 2 and 6 for-hire
vessels for a total of 359 for-hire affiliate
firms; all of which are categorized as
small businesses. Based on the threeyear average (2014–2016) combined
gross receipts from all fishing activities,
including commercial fishing, these
affiliated entities earned 99% of all sales
from their for-hire business. The
aggregate three-year average earnings
from all for-hire fishing activity for
these small entities was $53.1 million.
Three-year average receipts per entity
ranged from under $10,000 for 99 small
entities to over one million dollars for
11 small entities. Although it is not
possible to derive what proportion of
the overall revenues came from specific
fishing activities, further analysis
conducted by the Council and NMFS
during the development of this action
identified that in 2016 there were 291
for-hire entities that recreationally
caught black sea bass catch. In 2013, the
last year that a Wave 1 recreational
black sea bass fishery was open, 331 forhire firms caught black sea bass
recreationally; however, only 39 of
those were active during the Wave 1
period. While these are the best
available estimates of potential
participation in the February season
proposed by this action, these numbers
are not necessarily indicative of the
number of entities that will actually
participate. Through this IRFA we are
soliciting feedback from participants to
more effectively gauge potential impacts
of this action.
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of This Proposed Rule
jstallworth on DSKBBY8HB2PROD with PROPOSALS
There are no new reporting or
recordkeeping requirements contained
in any of the alternatives considered for
this action.
Federal Rules Which May Duplicate,
Overlap, or Conflict With This Proposed
Rule
NMFS is not aware of any relevant
Federal rules that may duplicate,
overlap, or conflict with this proposed
rule.
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Description of Significant Alternatives
to the Proposed Action Which
Accomplish the Stated Objectives of
Applicable Statutes and Which
Minimize Any Significant Economic
Impact on Small Entities
The proposed measures to open a
February season are designed to
increase fishing opportunity in the 2018
recreational black sea bass fishery while
maintaining harvest within the
recreational harvest limit and annual
catch limit. Business entities that hold
charter/party permits and are active
participants in the fishery may benefit if
they decide to participate in this new
fishing season. This action would allow
recreational access to black sea bass in
Federal waters during the month of
February, when there are fewer other
species available to target. This adds to
the revenue potential for charter/party
entities in this ‘‘off’’ season. Even
accounting for some level of reduced
black sea bass catch in the later, peak
summer and fall seasons to balance out
harvest from this extra season, charter/
party entities should be able to continue
to generate revenue and book trips by
supplementing business with other
available target species during the peak
fishing seasons. Therefore, the economic
impacts of this action are expected to be
minimally positive. Because the exact
number of participants in this fishery
are unknown at this time, it is not
possible to quantify the degree of
potential economic benefit that the
Federal fishery may have. Similarly,
because the full 2018 fishing year
measures will not be developed until
spring of 2018, we cannot determine
how substantial the changes may be that
are required for participating states. It is
expected that entities could offset the
effects of potential reductions during
peak black sea bass seasons by targeting
other species. The earlier we gain an
understanding of the level of interest
and potential participation in this
February season, the better we can
accurately analyze the potential impacts
of this action on small entities.
There were two alternatives (status
quo and opening during both January
and February) to the proposed action
that were also considered. The status
quo alternative maintains the current
recreational seasons for black sea bass
(May 15 through September 21, and
October 22 through December 31), with
no additional seasons or changes to the
projected measures. This alternative is
not preferred, as it does not take
advantage of the favorable stock
assessment report; nor increase any
access or opportunity in the recreational
black sea bass fishery.
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The Council also considered opening
an additional recreational black sea bass
season in 2018 for the entirety of Wave
1 (January and February). This
alternative is similar to the preferred
alternative, and would create more
recreational fishing opportunity in
winter 2018 with a longer additional
season. However, given the lack of
recreational data available during Wave
1, the time constraints involved with
developing and implementing a
specifications rule by January, and the
potential disproportionate impacts to
state recreational fisheries later in the
year because higher estimated catch
would likely occur in a longer winter
fishery, the Council preferred a shorter
2018 winter fishery.
The Council recommended, and we
are proposing, a February recreational
fishery to satisfy the Magnuson-Stevens
Act requirements to ensure fish stocks
are not subject to overfishing, while
allowing the greatest access to the
fishery, and opportunity to achieve
optimum yield.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: January 2, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. Section 648.146 is revised to read
as follows:
■
§ 648.146 Black sea bass recreational
fishing season.
Vessels that are not eligible for a
moratorium permit under § 648.4(a)(7),
and fishermen subject to the possession
limit specified in § 648.145(a), may only
possess black sea bass from February 1
through February 28, May 15 through
September 21, and October 22 through
December 31, unless this time period is
adjusted pursuant to the procedures in
§ 648.142.
[FR Doc. 2018–00065 Filed 1–5–18; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Proposed Rules]
[Pages 780-782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00065]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 171023999-7999-01]
RIN 0648-BH35
Fisheries of the Northeastern United States; Black Sea Bass
Fishery; 2018 February Recreational Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes recreational management measures for a February
2018 black sea bass fishery. The proposed action is intended to provide
additional recreational black sea bass fishing opportunities while
maintaining management measures to prevent overfishing. This action is
also intended to inform the public of these proposed measures and to
provide an opportunity for comment.
DATES: Comments must be received by 5 p.m. local time, on January 23,
2018.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0151, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0151,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
--OR--
Mail: Submit written comments to John Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope:
``Comments on the Proposed Rule for 2018 Black Sea Bass February
Recreational Fishery.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
A draft environmental assessment (EA) has been prepared for this
action that describes the proposed measures and other considered
alternatives, as well as provides an analysis of the impacts of the
proposed measures and alternatives. Copies of this draft EA, including
the Regulatory Flexibility Act Analysis (RFAA) and Regulatory Impact
Review (RIR), are available online at
www.greateratlantic.fisheries.noaa.gov, or on request from John
Bullard, Regional Administrator, National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management
Specialist, (978) 281-9180.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery Management Council and the Atlantic States
Marine Fisheries Commission jointly manage the summer flounder, scup,
and black sea bass fisheries under the provisions of the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP). The
management unit specified in the FMP for black sea bass (Centropristis
striata) is U.S. waters of the Atlantic Ocean from 35 E 13.3' N lat.
(the latitude of Cape Hatteras Lighthouse, Buxton, North Carolina)
north to the U.S./Canada border. States manage black sea bass through
the Commission's plan within 3 nautical miles (4.83 km) of their
coasts. The applicable Federal regulations govern vessels and
individual anglers fishing in Federal waters of the exclusive economic
zone
[[Page 781]]
(EEZ), as well as vessels possessing a Federal black sea bass charter/
party vessel permit, regardless of where they fish. The recreational
fishery is essentially managed with four parts: The recreational
harvest limit; the open season; minimum fish size; and a per-angler
possession limit. The recreational harvest limit is established based
on the specifications formula in the FMP. The open season, minimum fish
size, and bag limit are collectively referred to as the ``recreational
management measures.''
Action Background
In 2017, the results of the 2016 benchmark assessment showed that
the black sea bass stock is not overfished, overfishing is not
occurring, and biomass is 2.3 times higher than the biomass target.
These findings led both the Council and Commission to reconsider
reopening a recreational Wave 1 (January and February) black sea bass
fishery in 2018 as a way to increase access and recreational fishing
opportunity while still constraining landings within the recreational
harvest limit. The current Federal recreational black sea fishing
seasons are May 15 through September 21 and October 22 through December
31, and the last time this fishery was open during Wave 1 was in 2013.
In October 2017, both the Council and Commission approved the
addition of a February-only black sea bass recreational season for
2018, with the continued recreational measures of a 15-fish per-angler
possession limit, and a 12.5-inch (31.75-cm) minimum size. The Council
also agreed to work on the implementation of a winter recreational
Letter of Authorization (LOA) program for 2019 and beyond. The LOA
program would provide more robust monitoring and reporting for a
limited winter recreational fishery; however, changes of this magnitude
require a framework adjustment to the FMP and cannot be developed in
time for 2018.
Proposed Action
This action proposes to revise the current 2018 Federal
recreational management measures for black sea bass to include an
additional 28-day fishing season during the month of February. The
current recreational management measures of a 12.5-inch (31.75-cm)
minimum fish size and 15-fish possession limit would also apply. To
account for expected harvest during this February season, the Council
and Commission calculated a catch estimate of 100,000 lb (45.36 mt).
Because there are no Marine Recreational Information Program survey
data for Wave 1 in the black sea bass fishery, this catch estimate is
based on 2013 vessel trip report (VTR) data from federally permitted
for-hire vessels that was expanded to account for potential effort from
the private/rental and shore modes. We propose to reduce the 2018 black
sea bass recreational harvest limit (3.66 million lb, 1,661 mt) by the
estimated catch of 100,000 lb (45.36 mt), consistent with the Council
and Commission recommendation. However, only states that participate in
the proposed February fishery will be accountable for this estimated
catch. Participating states would be required to adjust measures for
the remainder of 2018, developed through the Commission process, to
account for the estimated February catch.
This action is only intended to be in place for the 2018 fishing
year. The intent of this proposed action is to allow for some
recreational fishing access during Wave 1 in 2018 while the long-term
framework adjustment is developed. The Council and Commission will
develop and make recommendations on management measures for the
remainder of the 2018 recreational fishery, including those to
accommodate this additional winter season, throughout the spring of
2018.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an initial regulatory flexibility analysis (IRFA), as
required by section 603 of the Regulatory Flexibility Act (RFA), to
examine the impacts of this proposed rule on small business entities,
if adopted. A description of the management measures, why they are
being considered, and the legal basis for this action are contained at
the beginning of this section and in the preamble to this proposed
rule. A copy of the RFA analysis is available from NMFS (see
ADDRESSES).
Description of the Reasons Why Action by the Agency Is Being Considered
This action proposes a revision to the 2018 Federal recreational
management measures for black sea bass to include an additional 28-day
fishing season during the month of February. The proposed measures
would increase recreational fishing access and opportunity while still
constraining landings within the recreational harvest limit.
Statement of the Objectives of, and Legal Basis for, This Proposed Rule
The legal basis and objectives for this action are contained in the
preamble to this proposed rule, and are not repeated here.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
The North American Industry Classification System (NAICS) is the
standard used by Federal statistical agencies in classifying business
establishments for the purpose of collecting, analyzing, and publishing
statistical data related to the U.S. business economy. A business
primarily engaged in for-hire fishing activity is classified as a small
business if it has combined annual receipts not in excess of $7.5
million (NAICS 11411) for RFA compliance purposes only.
This proposed rule affects recreational fish harvesting entities
engaged in the black sea bass fishery. Individually permitted vessels
may hold permits for several fisheries, harvesting species of fish that
are regulated by several different FMPs, even beyond those affected by
the proposed action. Furthermore, multiple-permitted vessels and/or
permits may be owned by entities affiliated by stock ownership, common
management, identity of interest, contractual relationships, or
economic dependency. For the purposes of RFA analysis, the ownership
entities, not the individual vessels, are considered to be the
regulated entities.
Ownership entities (firms) are defined as those entities with
common ownership personnel as listed on the permit application. Only
permits with identical ownership personnel are categorized as an
ownership entity. For example, if five permits have the same seven
persons listed as co-owners on their permit applications, those seven
persons would form one ownership entity that holds those five permits.
If two of those seven owners also co-own additional vessels, that
ownership arrangement would be considered a separate ownership entity
for the purpose of this analysis.
The current ownership data set used for this analysis is based on
calendar year 2016 (the most recent complete year available) and
contains average gross sales associated with those
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permits for calendar years 2014 through 2016. The ownership data for
the for-hire fleet indicate that there were 406 for-hire permits that
generated revenues from recreational fishing for various species during
the 2014-2016 period. Of these permits there were 328 that were not
affiliated with any other ownership group. The remaining 78 for-hire
vessels were comprised of affiliated ownership groups with between 2
and 6 for-hire vessels for a total of 359 for-hire affiliate firms; all
of which are categorized as small businesses. Based on the three-year
average (2014-2016) combined gross receipts from all fishing
activities, including commercial fishing, these affiliated entities
earned 99% of all sales from their for-hire business. The aggregate
three-year average earnings from all for-hire fishing activity for
these small entities was $53.1 million. Three-year average receipts per
entity ranged from under $10,000 for 99 small entities to over one
million dollars for 11 small entities. Although it is not possible to
derive what proportion of the overall revenues came from specific
fishing activities, further analysis conducted by the Council and NMFS
during the development of this action identified that in 2016 there
were 291 for-hire entities that recreationally caught black sea bass
catch. In 2013, the last year that a Wave 1 recreational black sea bass
fishery was open, 331 for-hire firms caught black sea bass
recreationally; however, only 39 of those were active during the Wave 1
period. While these are the best available estimates of potential
participation in the February season proposed by this action, these
numbers are not necessarily indicative of the number of entities that
will actually participate. Through this IRFA we are soliciting feedback
from participants to more effectively gauge potential impacts of this
action.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of This Proposed Rule
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
NMFS is not aware of any relevant Federal rules that may duplicate,
overlap, or conflict with this proposed rule.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
The proposed measures to open a February season are designed to
increase fishing opportunity in the 2018 recreational black sea bass
fishery while maintaining harvest within the recreational harvest limit
and annual catch limit. Business entities that hold charter/party
permits and are active participants in the fishery may benefit if they
decide to participate in this new fishing season. This action would
allow recreational access to black sea bass in Federal waters during
the month of February, when there are fewer other species available to
target. This adds to the revenue potential for charter/party entities
in this ``off'' season. Even accounting for some level of reduced black
sea bass catch in the later, peak summer and fall seasons to balance
out harvest from this extra season, charter/party entities should be
able to continue to generate revenue and book trips by supplementing
business with other available target species during the peak fishing
seasons. Therefore, the economic impacts of this action are expected to
be minimally positive. Because the exact number of participants in this
fishery are unknown at this time, it is not possible to quantify the
degree of potential economic benefit that the Federal fishery may have.
Similarly, because the full 2018 fishing year measures will not be
developed until spring of 2018, we cannot determine how substantial the
changes may be that are required for participating states. It is
expected that entities could offset the effects of potential reductions
during peak black sea bass seasons by targeting other species. The
earlier we gain an understanding of the level of interest and potential
participation in this February season, the better we can accurately
analyze the potential impacts of this action on small entities.
There were two alternatives (status quo and opening during both
January and February) to the proposed action that were also considered.
The status quo alternative maintains the current recreational seasons
for black sea bass (May 15 through September 21, and October 22 through
December 31), with no additional seasons or changes to the projected
measures. This alternative is not preferred, as it does not take
advantage of the favorable stock assessment report; nor increase any
access or opportunity in the recreational black sea bass fishery.
The Council also considered opening an additional recreational
black sea bass season in 2018 for the entirety of Wave 1 (January and
February). This alternative is similar to the preferred alternative,
and would create more recreational fishing opportunity in winter 2018
with a longer additional season. However, given the lack of
recreational data available during Wave 1, the time constraints
involved with developing and implementing a specifications rule by
January, and the potential disproportionate impacts to state
recreational fisheries later in the year because higher estimated catch
would likely occur in a longer winter fishery, the Council preferred a
shorter 2018 winter fishery.
The Council recommended, and we are proposing, a February
recreational fishery to satisfy the Magnuson-Stevens Act requirements
to ensure fish stocks are not subject to overfishing, while allowing
the greatest access to the fishery, and opportunity to achieve optimum
yield.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 2, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Section 648.146 is revised to read as follows:
Sec. 648.146 Black sea bass recreational fishing season.
Vessels that are not eligible for a moratorium permit under Sec.
648.4(a)(7), and fishermen subject to the possession limit specified in
Sec. 648.145(a), may only possess black sea bass from February 1
through February 28, May 15 through September 21, and October 22
through December 31, unless this time period is adjusted pursuant to
the procedures in Sec. 648.142.
[FR Doc. 2018-00065 Filed 1-5-18; 8:45 am]
BILLING CODE 3510-22-P
