Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder Fishery; Fishing Year 2019, 22426-22429 [2019-10249]
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Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Proposed Rules
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I. Regulation Identifier Number (RIN)
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List of Subjects in 49 CFR Part 225
Investigations, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
The Proposed Rule
In consideration of the foregoing, FRA
proposes to amend part 225 of chapter
II, subtitle B of title 49, Code of Federal
Regulations, as follows:
■ 1. The authority citation for part 225
continues to read as follows:
Authority: 49 U.S.C. 103, 322(a), 20103,
20107, 20901–02, 21301, 21302, 21311; 28
U.S.C. 2461, note; and 49 CFR 1.89.
■
2. Revise 225.19(e) to read as follows:
§ 225.19 Primary groups of accidents/
incidents.
Issued in Washington, DC.
Ronald L. Batory,
Administrator.
*
[FR Doc. 2019–09980 Filed 5–16–19; 8:45 am]
*
*
*
*
(e) Notice. Each year, the
Administrator publishes a notice on
FRA’s website announcing the reporting
threshold that will take effect on
January 1 of the following calendar year.
■ 3. Appendix B to part 225 is revised
to read as follows:
Appendix B to Part 225—Procedure for
Determining Reporting Threshold
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Index (PPI) Series WPU 144 for Railroad
Equipment is used.
4. In the month of October, second-quarter
and first-quarter wage data for the current
year, and fourth-quarter and third-quarter
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corresponding BLS railroad equipment
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the result is rounded to the nearest $100.
7. The weightings result from using STB
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before calendar year 2006, a formula that
assumed damage repair costs, at levels at or
near the threshold, were split approximately
evenly between labor and materials.
8. Formula:
New Threshold = Prior Threshold × [1 +
0.4(Wnew¥Wprior)/Wprior +
0.6(Enew¥Eprior)/Eprior]
Where:
Wnew = New average hourly wage rate ($).
Wprior = Prior average hourly wage rate ($).
Enew = New equipment average PPI value.
Eprior = Prior equipment average PPI value.
1. Wage data used in the calculation are
collected from railroads by the Surface
Transportation Board (STB) on Form A—STB
Wage Statistics. Rail equipment data from the
U.S. Department of Labor, Bureau of Labor
Statistics (BLS), LABSTAT Series reports are
used in the calculation. The equation used to
adjust the reporting threshold has two
components: (a) The average hourly earnings
of certain railroad maintenance employees as
reported to the STB by the Class I railroads
and Amtrak; and (b) an overall rail
equipment cost index determined by the
BLS. The wage component is weighted by
40% and the equipment component by 60%.
2. For the wage component, the average of
the data from Form A—STB Wage Statistics
for Group No. 300 (Maintenance of Way and
Structures) and Group No. 400 (Maintenance
of Equipment and Stores) employees is used.
3. For the equipment component,
LABSTAT Series Report, Producer Price
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BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 190415375–9375–01]
RIN 0648–BI92
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder
Fishery; Fishing Year 2019
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes management
measures for the 2019 summer flounder
recreational fishery. The implementing
regulations for this fishery require
NMFS to publish recreational measures
for the fishing year and to provide an
SUMMARY:
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opportunity for public comment. The
intent of this action is to constrain
recreational catch to the summer
flounder recreational harvest limit and
thereby, prevent overfishing on the
summer flounder stock.
DATES: Comments must be received by
June 3, 2019.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2019–0025, by either of the
following methods:
Electronic submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
• Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190025,
• Click the ‘‘Comment Now!’’ icon,
complete the required fields
• Enter or attach your comments.
–OR–
Mail: Submit written comments to
Michael Pentony, Regional
Administrator, Greater Atlantic Region,
55 Great Republic Drive, Gloucester,
MA 01930.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
(978) 281–9244.
SUPPLEMENTARY INFORMATION:
Summary of Proposed Management
Measures
In this rule, NMFS proposes
management measures for the 2019
summer flounder recreational fishery
consistent with the recommendations of
the Mid-Atlantic Fishery Management
Council (Council) and the Atlantic
States Marine Fisheries Commission
(Commission). NMFS proposes to waive
Federal summer flounder recreational
measures in Federal waters of the
exclusive economic zone (EEZ) and to
all federally permitted summer flounder
party/charter vessels, regardless of
where they fish, so long as the states,
through the Commission, collectively
implement measures designed to
constrain landings to the 2019
recreational harvest limit.
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Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Proposed Rules
Background and Management Process
The summer flounder fishery is
managed cooperatively under the
provisions of the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP) developed by
the Council and the Commission, in
consultation with the New England and
South Atlantic Fishery Management
Councils. The management unit
specified in the FMP includes summer
flounder (Paralichthys dentatus) in U.S.
waters of the Atlantic Ocean from the
southern border of North Carolina
northward to the U.S./Canada border.
States manage summer flounder within
3 nautical miles (4.83 km) of their
coasts, under the Commission’s plan for
summer flounder. The summer flounder
Federal regulations govern vessels and
individual fishermen fishing in Federal
waters of the EEZ, as well as vessels
possessing a summer flounder charter/
party vessel permit, regardless of where
they fish.
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Recreational Management Measures
Process
The FMP established a monitoring
committee for summer flounder
consisting of representatives from the
Commission, the Council, state marine
fishery agency representatives from
Massachusetts to North Carolina, and
NMFS. The FMP’s implementing
regulations require the monitoring
committee to review scientific and other
relevant information annually. The
objective of this review is to recommend
management measures to the Council
that will constrain landings within the
recreational harvest limit for the
upcoming fishing year. The FMP limits
the choices for the types of measures to
minimum fish size, per angler
possession limit, and fishing season.
The Council and the Commission’s
Summer Flounder, Scup, and Black Sea
Bass Management Board then consider
the monitoring committee’s
recommendations and any public
comment in making their
recommendations. The Council
forwards its recommendations to NMFS
for review. The Commission similarly
adopts recommendations for the states.
NMFS is required to review the
Council’s recommendations to ensure
that they are consistent with the target
specified for summer flounder in the
FMP and all applicable laws and
Executive Orders before ultimately
implementing measures for Federal
waters. Commission measures are final
at the time they are adopted.
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Summer Flounder Conservation
Equivalency Process
Conservation equivalency, as
established by Framework Adjustment 2
(July 11, 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
management target partitioned by the
Commission from the coastwide
recreational harvest limit, as long as the
combined effect of all of the states’
management measures achieves the
same level of conservation as would
Federal coastwide measures. Framework
Adjustment 6 (July 26, 2006; 71 FR
42315) allowed states to form regions for
conservation equivalency in order to
minimize differences in regulations for
anglers fishing in adjacent waters.
The Council and Board annually
recommend that either state- or regionspecific recreational measures be
developed (conservation equivalency) or
that coastwide management measures be
implemented to ensure that the
recreational harvest limit will not be
exceeded. Even when the Council and
Board recommend conservation
equivalency, the Council must specify a
set of coastwide default measures that
would apply if conservation
equivalency is not approved for use in
Federal waters.
When conservation equivalency is
recommended, and following
confirmation that the proposed state or
regional measures developed through
the Commission’s technical and policy
review processes achieve conservation
equivalency, NMFS may waive the
permit condition found at 50 CFR
648.4(b), which requires Federal permit
holders to comply with the more
restrictive management measures when
state and Federal measures differ. In
such a situation, federally permitted
summer flounder charter/party permit
holders and individuals fishing for
summer flounder in the EEZ are subject
to the recreational fishing measures
implemented by the state in which they
land summer flounder, rather than the
coastwide measures.
In addition, the Council and the
Board must recommend precautionary
default measures when recommending
conservation equivalency. The
Commission would require adoption of
the precautionary default measures by
any state that either does not submit a
summer flounder management proposal
to the Commission’s Summer Flounder
Technical Committee, or that submits
measures that would exceed the
Commission-specified harvest limit for
that state.
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The development of conservation
equivalency measures happens at both
the Commission and the individual state
level. The selection of appropriate data
and analytical techniques for technical
review of potential state conservation
equivalent measures and the process by
which the Commission evaluates and
recommends proposed conservation
equivalent measures are wholly a
function of the Commission and its
individual member states. Individuals
seeking information regarding the
process to develop specific state
measures or the Commission process for
technical evaluation of proposed
measures should contact the marine
fisheries agency in the state of interest,
the Commission, or both.
Once the states and regions select
their final 2019 summer flounder
management measures through their
respective development, analytical, and
review processes and submit them to
the Commission, the Commission will
conduct further review and evaluation
of the submitted proposals, ultimately
notifying NMFS as to which proposals
have been approved or disapproved.
NMFS has no overarching authority in
the development of state or Commission
management measures, but is an equal
participant along with all the member
states in the review process. NMFS
neither approves nor implements
individual states’ measures, but retains
the final authority either to approve or
to disapprove the use of conservation
equivalency in place of the coastwide
measures in Federal waters. NMFS will
publish its final determination on 2019
conservational equivalency as a final
rule in the Federal Register following
review of the Commission’s
determination and any other public
comment on this proposed rule.
2019 Summer Flounder Recreational
Management Measures
At their joint meeting in March 2019,
the Council and Board recommended
revised summer flounder specifications
for 2019. These revisions resulted from
the 2018 summer flounder benchmark
assessment, which was one of the first
assessments in the region to incorporate
revised Marine Recreational Information
Program (MRIP) information. The
summer flounder assessment concluded
that the stock is not overfished and
overfishing is not occurring relative to
updated biological reference points.
Although recruitment has been below
average since 2011 for unknown
reasons, the inclusion of new estimates
of recreational catch from MRIP
increased the biomass of the population
compared to previous assessments.
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Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Proposed Rules
Based on the results of the
assessment, the recommended revised
2019 summer flounder recreational
harvest limit is 7.69 million lb (3,488
mt), a 74-percent increase from the 2018
harvest limit of 4.42 million pounds
(2,005 mt), and a 49-percent increase
compared to what is currently in place
for 2019 (5.15 million pounds; 2,336
mt). A separate rulemaking revising the
2019 specifications, including the
recreational harvest limit, is being
prepared and must be finalized before
NMFS can publish a final rule for this
action.
As previously mentioned, the Council
and Board recommended conservation
equivalency in Federal waters. Based on
the Council’s and the Board’s
recommendations, and as part of the
conservation equivalency process,
NMFS also proposes a suite of nonpreferred coastwide measures,
consistent with those adopted by the
Council and Board for implementation
in 2019. Under conservation
equivalency, the cumulative impact of
the regional recreational measures
should achieve the same constraints on
harvest as the non-preferred coastwide
measures. For 2019, non-preferred
coastwide measures approved by the
Council and Board are a 19-inch (48.3cm) minimum fish size, a 4-fish per
person possession limit, and an open
season from May 15–September 15.
These measures are identical to the nonpreferred 2018 coastwide measures.
These measures are expected to
constrain the overall recreational
landings to the 2019 recreational harvest
limit, should conservation equivalency
be disapproved based on the
Commission’s recommendation letter. If
a jurisdiction’s measures do not achieve
the level of conservation required by the
Commission, that state or region must
implement the precautionary default
measures. The 2019 precautionary
default measures recommended by the
Council and Board are identical to those
in place for 2018: A 20.0-inch (50.8-cm)
minimum fish size; a 2-fish per person
possession limit; and an open season of
July 1–August 31, 2018.
Although the Council and Board’s
recommended 2019 recreational harvest
limit is an increase compared to what
was in place in 2018, preliminary
harvest estimates using the updated
MRIP methodology indicate that the
2018 recreational landings are 7.17
million pounds (3,252 mt). As a result,
the Council and Board do not
recommend liberalizing any recreational
measures (e.g., state waters measures,
the non-preferred coastwide and
precautionary default measures required
through conservation equivalency) due
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to the increase in expected 2019 catch
based on the revised MRIP information
(i.e., if measures remain in place, they
are expected to constrain catch to the
2019 harvest limit).
Similar to 2016–2018, the 2019
management program adopted by the
Commission divides the coastline into
six management regions: (1)
Massachusetts; (2) Rhode Island; (3)
Connecticut-New York; (4) New Jersey;
(5) Delaware-Virginia; and (6) North
Carolina. Each state within a region
must implement identical or equivalent
measures (minimum size, bag limit, and
fishing season length), and the
combination of those measures must be
sufficient to constrain landings to the
recreational harvest limit.
Through the Commission process,
states may submit proposals for
conservationally equivalent measures
that would maintain status quo harvest
levels relative to the preliminary 2018
recreational harvest. Proposals for
conservationally equivalent state
measures were reviewed by the Board’s
Technical Committee in late March, and
the Board considered final approval in
early April 2019. Following the Board’s
consideration of final 2019 state
measures, the Commission must submit
a letter to NMFS stating whether the
states have met the conservation
objectives under Addendum XXXII to
the Commission’s Interstate FMP and
that catch is expected to constrain catch
to the 2019 recreational harvest limit.
Once that letter is received and the
revised 2019 specifications are
approved, NMFS will be able to publish
a final recreational management
measures rule with a conservation
equivalency determination for 2019.
Additionally, this proposed rule
includes a revision to the regulations
implementing the FMP to update text
that is unnecessary, outdated, unclear,
or otherwise could be improved. NMFS
proposes these changes consistent with
section 305(d) of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), which
provides that the Secretary of Commerce
may promulgate regulations necessary
to ensure that amendments to a fishery
management plan (FMP) are carried out
in accordance with the FMP and the
Magnuson-Stevens Act. The revision at
§ 648.14(p)(2)(ii)(B), which pertains to a
prohibition against possessing,
retaining, or landing black sea bass
harvested from the EEZ in excess of the
commercial possession limit, would be
removed from the regulations. There is
no Federal waters commercial black sea
bass possession limit and, as such, this
regulatory text is confusing and
unnecessary.
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Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator has determined that this
proposed rule is consistent with the
Summer Flounder, Scup, and Black Sea
Bass FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The Council conducted an evaluation of
the potential socioeconomic impacts of
the proposed measures. According to
the commercial ownership database,
351 for-hire affiliate firms generated
revenues from recreational fishing for
various species during the 2015–2017
period. All of those business affiliates
are categorized as small businesses.
Estimating what proportion of the
overall revenues for these for-hire firms
came from fishing activities for an
individual species is not possible.
Nevertheless, given the popularity of
summer flounder as a recreational
species in the Mid-Atlantic and New
England, generated revenues are likely
very important for many of these firms
at certain times of the year. The 3-year
average (2015–2017) combined gross
receipts (all for-hire fishing activity
combined) for these small entities was
$52,460,560 ranging from less than
$10,000 for 79 entities (lowest value
$81) to over $1,000,000 for 9 entities
(highest value $2.8 million).
This action would waive Federal
measures in lieu of state measures
designed to reach the 2019 harvest limit.
The economic impacts of the proposed
measures in this action will be affected
in part by the specific set of measures
implemented at the state level for
summer flounder conservation
equivalency. The impacts are likely to
vary by state, but are expected to be
equivalent to measures that were in
place in 2018. The summer flounder
recreational measures under
conservation equivalency are expected
to neither reduce nor increase
recreational satisfaction or for-hire
revenues when compared to 2018.
Demand for for-hire trips is expected to
remain approximately the same as in
2018. Thus, market demand is expected
to be similar in 2019, although this is
likely to vary by state depending on
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Federal Register / Vol. 84, No. 96 / Friday, May 17, 2019 / Proposed Rules
each state’s current measures and how
they choose to modify them in 2019.
Because the 2019 measures are
expected to be mostly identical to 2018,
this rule will not have a significant
economic impact on a substantial
number of small entities. Therefore, an
initial regulatory flexibility analysis is
not required and none has been
prepared.
There are no new reporting or
recordkeeping requirements contained
in any of the alternatives considered for
this action.
Dated: May 13, 2019.
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:
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by the states of Maine through North
Carolina for 2019 are the conservation
equivalent of the minimum size, season,
and possession limit prescribed in
§§ 648.104(b), 648.105, and 648.106.
This determination is based on a
recommendation from the Summer
Flounder Board of the Atlantic States
Marine Fisheries Commission.
*
*
*
*
*
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.
List of Subjects in 50 CFR Part 648
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Fisheries, Fishing, Reporting and
recordkeeping requirements.
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§ 648.14
[Amended]
2. In § 648.14, remove and reserve
paragraph (p)(2)(ii)(B).
■
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3. In § 648.107, the introductory text
to paragraph (a) is revised to read as
follows:
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
[FR Doc. 2019–10249 Filed 5–16–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Proposed Rules]
[Pages 22426-22429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10249]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 190415375-9375-01]
RIN 0648-BI92
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder Fishery; Fishing Year 2019
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes management measures for the 2019 summer flounder
recreational fishery. The implementing regulations for this fishery
require NMFS to publish recreational measures for the fishing year and
to provide an opportunity for public comment. The intent of this action
is to constrain recreational catch to the summer flounder recreational
harvest limit and thereby, prevent overfishing on the summer flounder
stock.
DATES: Comments must be received by June 3, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0025, by either of the following methods:
Electronic submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-
0025,
Click the ``Comment Now!'' icon, complete the required
fields
Enter or attach your comments.
-OR-
Mail: Submit written comments to Michael Pentony, Regional
Administrator, Greater Atlantic Region, 55 Great Republic Drive,
Gloucester, MA 01930.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
(978) 281-9244.
SUPPLEMENTARY INFORMATION:
Summary of Proposed Management Measures
In this rule, NMFS proposes management measures for the 2019 summer
flounder recreational fishery consistent with the recommendations of
the Mid-Atlantic Fishery Management Council (Council) and the Atlantic
States Marine Fisheries Commission (Commission). NMFS proposes to waive
Federal summer flounder recreational measures in Federal waters of the
exclusive economic zone (EEZ) and to all federally permitted summer
flounder party/charter vessels, regardless of where they fish, so long
as the states, through the Commission, collectively implement measures
designed to constrain landings to the 2019 recreational harvest limit.
[[Page 22427]]
Background and Management Process
The summer flounder fishery is managed cooperatively under the
provisions of the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan (FMP) developed by the Council and the Commission, in
consultation with the New England and South Atlantic Fishery Management
Councils. The management unit specified in the FMP includes summer
flounder (Paralichthys dentatus) in U.S. waters of the Atlantic Ocean
from the southern border of North Carolina northward to the U.S./Canada
border. States manage summer flounder within 3 nautical miles (4.83 km)
of their coasts, under the Commission's plan for summer flounder. The
summer flounder Federal regulations govern vessels and individual
fishermen fishing in Federal waters of the EEZ, as well as vessels
possessing a summer flounder charter/party vessel permit, regardless of
where they fish.
Recreational Management Measures Process
The FMP established a monitoring committee for summer flounder
consisting of representatives from the Commission, the Council, state
marine fishery agency representatives from Massachusetts to North
Carolina, and NMFS. The FMP's implementing regulations require the
monitoring committee to review scientific and other relevant
information annually. The objective of this review is to recommend
management measures to the Council that will constrain landings within
the recreational harvest limit for the upcoming fishing year. The FMP
limits the choices for the types of measures to minimum fish size, per
angler possession limit, and fishing season.
The Council and the Commission's Summer Flounder, Scup, and Black
Sea Bass Management Board then consider the monitoring committee's
recommendations and any public comment in making their recommendations.
The Council forwards its recommendations to NMFS for review. The
Commission similarly adopts recommendations for the states. NMFS is
required to review the Council's recommendations to ensure that they
are consistent with the target specified for summer flounder in the FMP
and all applicable laws and Executive Orders before ultimately
implementing measures for Federal waters. Commission measures are final
at the time they are adopted.
Summer Flounder Conservation Equivalency Process
Conservation equivalency, as established by Framework Adjustment 2
(July 11, 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 management target partitioned
by the Commission from the coastwide recreational harvest limit, as
long as the combined effect of all of the states' management measures
achieves the same level of conservation as would Federal coastwide
measures. Framework Adjustment 6 (July 26, 2006; 71 FR 42315) allowed
states to form regions for conservation equivalency in order to
minimize differences in regulations for anglers fishing in adjacent
waters.
The Council and Board annually recommend that either state- or
region-specific recreational measures be developed (conservation
equivalency) or that coastwide management measures be implemented to
ensure that the recreational harvest limit will not be exceeded. Even
when the Council and Board recommend conservation equivalency, the
Council must specify a set of coastwide default measures that would
apply if conservation equivalency is not approved for use in Federal
waters.
When conservation equivalency is recommended, and following
confirmation that the proposed state or regional measures developed
through the Commission's technical and policy review processes achieve
conservation equivalency, NMFS may waive the permit condition found at
50 CFR 648.4(b), which requires Federal permit holders to comply with
the more restrictive management measures when state and Federal
measures differ. In such a situation, federally permitted summer
flounder charter/party permit holders and individuals fishing for
summer flounder in the EEZ are subject to the recreational fishing
measures implemented by the state in which they land summer flounder,
rather than the coastwide measures.
In addition, the Council and the Board must recommend precautionary
default measures when recommending conservation equivalency. The
Commission would require adoption of the precautionary default measures
by any state that either does not submit a summer flounder management
proposal to the Commission's Summer Flounder Technical Committee, or
that submits measures that would exceed the Commission-specified
harvest limit for that state.
The development of conservation equivalency measures happens at
both the Commission and the individual state level. The selection of
appropriate data and analytical techniques for technical review of
potential state conservation equivalent measures and the process by
which the Commission evaluates and recommends proposed conservation
equivalent measures are wholly a function of the Commission and its
individual member states. Individuals seeking information regarding the
process to develop specific state measures or the Commission process
for technical evaluation of proposed measures should contact the marine
fisheries agency in the state of interest, the Commission, or both.
Once the states and regions select their final 2019 summer flounder
management measures through their respective development, analytical,
and review processes and submit them to the Commission, the Commission
will conduct further review and evaluation of the submitted proposals,
ultimately notifying NMFS as to which proposals have been approved or
disapproved. NMFS has no overarching authority in the development of
state or Commission management measures, but is an equal participant
along with all the member states in the review process. NMFS neither
approves nor implements individual states' measures, but retains the
final authority either to approve or to disapprove the use of
conservation equivalency in place of the coastwide measures in Federal
waters. NMFS will publish its final determination on 2019
conservational equivalency as a final rule in the Federal Register
following review of the Commission's determination and any other public
comment on this proposed rule.
2019 Summer Flounder Recreational Management Measures
At their joint meeting in March 2019, the Council and Board
recommended revised summer flounder specifications for 2019. These
revisions resulted from the 2018 summer flounder benchmark assessment,
which was one of the first assessments in the region to incorporate
revised Marine Recreational Information Program (MRIP) information. The
summer flounder assessment concluded that the stock is not overfished
and overfishing is not occurring relative to updated biological
reference points. Although recruitment has been below average since
2011 for unknown reasons, the inclusion of new estimates of
recreational catch from MRIP increased the biomass of the population
compared to previous assessments.
[[Page 22428]]
Based on the results of the assessment, the recommended revised
2019 summer flounder recreational harvest limit is 7.69 million lb
(3,488 mt), a 74-percent increase from the 2018 harvest limit of 4.42
million pounds (2,005 mt), and a 49-percent increase compared to what
is currently in place for 2019 (5.15 million pounds; 2,336 mt). A
separate rulemaking revising the 2019 specifications, including the
recreational harvest limit, is being prepared and must be finalized
before NMFS can publish a final rule for this action.
As previously mentioned, the Council and Board recommended
conservation equivalency in Federal waters. Based on the Council's and
the Board's recommendations, and as part of the conservation
equivalency process, NMFS also proposes a suite of non-preferred
coastwide measures, consistent with those adopted by the Council and
Board for implementation in 2019. Under conservation equivalency, the
cumulative impact of the regional recreational measures should achieve
the same constraints on harvest as the non-preferred coastwide
measures. For 2019, non-preferred coastwide measures approved by the
Council and Board are a 19-inch (48.3-cm) minimum fish size, a 4-fish
per person possession limit, and an open season from May 15-September
15. These measures are identical to the non-preferred 2018 coastwide
measures. These measures are expected to constrain the overall
recreational landings to the 2019 recreational harvest limit, should
conservation equivalency be disapproved based on the Commission's
recommendation letter. If a jurisdiction's measures do not achieve the
level of conservation required by the Commission, that state or region
must implement the precautionary default measures. The 2019
precautionary default measures recommended by the Council and Board are
identical to those in place for 2018: A 20.0-inch (50.8-cm) minimum
fish size; a 2-fish per person possession limit; and an open season of
July 1-August 31, 2018.
Although the Council and Board's recommended 2019 recreational
harvest limit is an increase compared to what was in place in 2018,
preliminary harvest estimates using the updated MRIP methodology
indicate that the 2018 recreational landings are 7.17 million pounds
(3,252 mt). As a result, the Council and Board do not recommend
liberalizing any recreational measures (e.g., state waters measures,
the non-preferred coastwide and precautionary default measures required
through conservation equivalency) due to the increase in expected 2019
catch based on the revised MRIP information (i.e., if measures remain
in place, they are expected to constrain catch to the 2019 harvest
limit).
Similar to 2016-2018, the 2019 management program adopted by the
Commission divides the coastline into six management regions: (1)
Massachusetts; (2) Rhode Island; (3) Connecticut-New York; (4) New
Jersey; (5) Delaware-Virginia; and (6) North Carolina. Each state
within a region must implement identical or equivalent measures
(minimum size, bag limit, and fishing season length), and the
combination of those measures must be sufficient to constrain landings
to the recreational harvest limit.
Through the Commission process, states may submit proposals for
conservationally equivalent measures that would maintain status quo
harvest levels relative to the preliminary 2018 recreational harvest.
Proposals for conservationally equivalent state measures were reviewed
by the Board's Technical Committee in late March, and the Board
considered final approval in early April 2019. Following the Board's
consideration of final 2019 state measures, the Commission must submit
a letter to NMFS stating whether the states have met the conservation
objectives under Addendum XXXII to the Commission's Interstate FMP and
that catch is expected to constrain catch to the 2019 recreational
harvest limit. Once that letter is received and the revised 2019
specifications are approved, NMFS will be able to publish a final
recreational management measures rule with a conservation equivalency
determination for 2019.
Additionally, this proposed rule includes a revision to the
regulations implementing the FMP to update text that is unnecessary,
outdated, unclear, or otherwise could be improved. NMFS proposes these
changes consistent with section 305(d) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), which provides
that the Secretary of Commerce may promulgate regulations necessary to
ensure that amendments to a fishery management plan (FMP) are carried
out in accordance with the FMP and the Magnuson-Stevens Act. The
revision at Sec. 648.14(p)(2)(ii)(B), which pertains to a prohibition
against possessing, retaining, or landing black sea bass harvested from
the EEZ in excess of the commercial possession limit, would be removed
from the regulations. There is no Federal waters commercial black sea
bass possession limit and, as such, this regulatory text is confusing
and unnecessary.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures. According to the commercial ownership
database, 351 for-hire affiliate firms generated revenues from
recreational fishing for various species during the 2015-2017 period.
All of those business affiliates are categorized as small businesses.
Estimating what proportion of the overall revenues for these for-hire
firms came from fishing activities for an individual species is not
possible. Nevertheless, given the popularity of summer flounder as a
recreational species in the Mid-Atlantic and New England, generated
revenues are likely very important for many of these firms at certain
times of the year. The 3-year average (2015-2017) combined gross
receipts (all for-hire fishing activity combined) for these small
entities was $52,460,560 ranging from less than $10,000 for 79 entities
(lowest value $81) to over $1,000,000 for 9 entities (highest value
$2.8 million).
This action would waive Federal measures in lieu of state measures
designed to reach the 2019 harvest limit. The economic impacts of the
proposed measures in this action will be affected in part by the
specific set of measures implemented at the state level for summer
flounder conservation equivalency. The impacts are likely to vary by
state, but are expected to be equivalent to measures that were in place
in 2018. The summer flounder recreational measures under conservation
equivalency are expected to neither reduce nor increase recreational
satisfaction or for-hire revenues when compared to 2018. Demand for
for-hire trips is expected to remain approximately the same as in 2018.
Thus, market demand is expected to be similar in 2019, although this is
likely to vary by state depending on
[[Page 22429]]
each state's current measures and how they choose to modify them in
2019.
Because the 2019 measures are expected to be mostly identical to
2018, this rule will not have a significant economic impact on a
substantial number of small entities. Therefore, an initial regulatory
flexibility analysis is not required and none has been prepared.
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 13, 2019.
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.
Sec. 648.14 [Amended]
0
2. In Sec. 648.14, remove and reserve paragraph (p)(2)(ii)(B).
0
3. In Sec. 648.107, the introductory text to paragraph (a) is revised
to read as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by the states of Maine
through North Carolina for 2019 are the conservation equivalent of the
minimum size, season, and possession limit prescribed in Sec. Sec.
648.104(b), 648.105, and 648.106. This determination is based on a
recommendation from the Summer Flounder Board of the Atlantic States
Marine Fisheries Commission.
* * * * *
[FR Doc. 2019-10249 Filed 5-16-19; 8:45 am]
BILLING CODE 3510-22-P
