Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Framework Adjustment 14, 38919-38926 [2019-16980]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 153 (Thursday, August 8, 2019)]
[Proposed Rules]
[Pages 38919-38926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16980]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 190802-0010]
RIN 0648-BI93


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Framework Adjustment 14

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes modifications to aspects of the commercial and 
recreational summer flounder, scup, and black sea bass management 
program, as recommended by the Mid-Atlantic Fishery Management Council. 
NMFS proposes these management measure adjustments to provide an 
opportunity for public comment. The intent of this action is to allow 
for more flexibility in the management of these species.

DATES: Comments must be received by September 9, 2019.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2019-0049, 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-
0049,
     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).
    An environmental assessment (EA) was prepared for this action that 
describes the proposed measures and other considered alternatives, and 
provides an analysis of the impacts of the proposed measures and 
alternatives. Copies of the 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. 
These documents are also accessible via the internet at https://www.mafmc.org/s/SFSBSB_Framework14_EA.pdf.

FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 
(978) 281-9244.

SUPPLEMENTARY INFORMATION: 

General Background

    The summer flounder, scup, and black sea bass fisheries are managed 
cooperatively under the provisions of the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine 
Fisheries Commission, in consultation with the New England and South 
Atlantic Fishery Management Councils. The management units specified in 
the FMP include summer flounder (Paralichthys dentatus) in U.S. waters 
of the Atlantic Ocean from the southern border of North Carolina 
northward to the U.S./Canada border, and scup (Stenotomus chrysops) and 
black sea bass (Centropristis striata) in U.S. waters of the Atlantic 
Ocean from 35[deg]13.3' N lat. (the approximate latitude of Cape 
Hatteras, North Carolina). States manage these three species within 3 
nautical miles (4.83 km) of their coasts, under the Commission's 
management plan for summer flounder, scup, and black sea bass. The 
applicable species-specific Federal regulations govern vessels and 
individual fishermen commercially fishing in Federal waters of the 
exclusive economic zone, as well as vessels possessing a summer 
flounder, scup, or black sea bass Federal charter/party vessel permit, 
regardless of where they fish. This rule proposes management measures 
intended to provide more flexibility in the commercial and recreational 
fisheries for these species and includes the following modifications to 
the FMP:
     Include conservation equivalency as an annual management 
consideration for the black sea bass recreational fishery;
     Create a Federal waters transit zone for non-federally 
permitted vessels fishing in state waters around Block Island Sound; 
and
     Incorporate a maximum recreational size limit in the list 
of potential specification measures for summer flounder and black sea 
bass.
    These measures, which are further explained below, are consistent 
with the recommendations of the Council and the Commission's Summer 
Flounder, Scup, and Black Sea Bass Management Board for this action.

Proposed Management Measures

Black Sea Bass Conservation Equivalency

    This action proposes to allow conservation equivalency for future 
use in the recreational black sea bass fishery based on the process 
currently used for summer flounder. Under conservation equivalency, the 
Council and Board would decide each year whether to use Federal 
coastwide measures or conservation equivalency to manage the 
recreational black sea bass fishery. Conservation equivalency would 
waive Federal measures so long as the states implement appropriate 
measures. If they agree to use conservation equivalency, they must also 
develop a set of non-preferred coastwide measures (minimum and/or 
maximum fish size limit, possession limit, and season) that would be 
expected to prevent harvest from exceeding the annual recreational 
harvest limit. The Council and Board must also recommend a suite of 
precautionary default measures that would apply to all recreational 
anglers and Federal party/charter permit holders fishing in Federal 
waters and landing black sea bass in states that do not develop and 
implement Commission-approved conservationally equivalent measures.
    If the Council and Board agree to use conservation equivalency in a 
given year, the Board would determine the states' management program to 
implement conservation equivalency for black sea bass in any given year 
through a separate action. After reviewing and approving the state/
regional proposals, the Commission would submit a letter

[[Page 38920]]

to us certifying that the combination of state and regional measures is 
expected to prevent black sea bass harvest from exceeding that year's 
recreational harvest limit. Based on the Commission's certification, we 
would be able to approve conservation equivalency and waive Federal 
measures for the remainder of the calendar year in favor of the state 
or regional conservation equivalency measures. Federally-permitted 
vessels and vessels fishing in Federal waters would then be subject to 
the regulations in the states where they land their catch. If the 
Commission submits a letter to us announcing that a state or states 
have not implemented appropriate measures, the state(s) would be 
required to implement precautionary default measures in state waters 
through the Commission, and we would similarly apply those 
precautionary default measures to recreational anglers and Federal 
party/charter permit holders landing black sea bass in applicable 
states. If a state or region implements measures which are not 
approved, the Commission would require the precautionary default 
measures to be enforced in that state or region and would request NMFS 
to apply those measures to recreational anglers and federally permitted 
party/charter vessels fishing in Federal waters and landing black sea 
bass in those states as well. Table 1 outlines the conservation 
equivalency timeline for management decisions, based on the current 
process for summer flounder. Non-preferred coastwide measures would be 
implemented (1) if we do not approve conservation equivalency, or (2) 
at the start of the next fishing year (i.e., when conservation 
equivalency for a given year has expired).


 Table 1--Approximate Timeline for Implementing Conservation Equivalency
------------------------------------------------------------------------
 
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August:
     Council recommends the recreational harvest limit to NMFS.
     Board takes final action on recreational harvest limit for state
     waters.
October:
     Preliminary Marine Recreational Information Program (MRIP)
     data for waves 1-4 (i.e., January-August) of the current year are
     available.
November:
     Monitoring Committee reviews MRIP data through wave 4 and
     recommends overall percent reduction required or liberalization
     allowed and use of coastwide measures or conservation equivalency
     (including non-preferred coastwide and precautionary default
     measures).
December:
     Council/Board recommend conservation equivalency or
     coastwide measures for the following year. If they select
     conservation equivalency, they also recommend non-preferred
     coastwide and precautionary default measures.
     NMFS publishes final rule announcing subsequent year's
     recreational harvest limit.
------------------------------------------------------------------------


 
    If conservation equivalency is          If coastwide measures are
              recommended                          recommended
------------------------------------------------------------------------
January:                                February/March:
     States/regions submit          Council staff
     conservation equivalency               submits recreational measure
     proposals to Commission staff.         package to NMFS. Package
                                            includes:
     Technical Committee             [cir] Overall percent
     evaluates proposals.                     reduction required or
                                              liberalization allowed;
                                              and
February:                                    [cir] Coastwide measures.
     Board reviews and          April:
     approves/disapproves proposals.
February/March:                             NMFS publishes
 Council staff submits              proposed rule for
 recreational measure package to NMFS.      recreational measures
 Package includes:                          announcing the overall
[cir] Overall percent reduction             percent reduction required
 required or liberalization allowed;        or liberalization allowed
[cir] Non-preferred coastwide and           and coastwide measures.
 precautionary default measures; and    May:
[cir] Recommendation to implement        NMFS publishes final
 conservation equivalency.               rule announcing overall percent
                                         reduction required or
                                         liberalization allowed and
                                         approval of conservation
                                         equivalency; or coastwide
                                         measures.
April:
     NMFS publishes proposed
     rule for recreational measures
     announcing the overall percent
     reduction required or
     liberalization allowed and the
     non-preferred coastwide and
     precautionary default measures.
     Board submits letter to
     NMFS certifying that the
     combination of state/regional
     measures is not expected to
     result in harvest exceeding the
     recreational harvest limit.
May:
     NMFS publishes final rule
     announcing overall percent
     reduction required or
     liberalization allowed and
     coastwide measures.
------------------------------------------------------------------------


[[Page 38921]]

Block Island Sound Transit Zone

    This action also proposes a transit area for state-only permitted 
vessels fishing around Block Island to address issues when Federal and 
state management measures differ. The transit zone would mirror the 
current transit area for striped bass and allow for transit by state-
only permitted commercial and party/charter vessels and private 
recreational anglers with summer flounder, scup, and black sea bass on 
board that were legally harvested in state waters (Figure 1). These 
vessels could transit between the Rhode Island state waters surrounding 
Block Island and the coastal state waters of Rhode Island, New York, 
Connecticut, or Massachusetts while complying with the state waters 
measures for those species. Transit through the defined area would be 
allowed, provided that fishermen and harvest are compliant with all 
applicable state regulations, gear is stowed in accordance with Federal 
regulations, no fishing takes place from the vessel while in Federal 
waters, and the vessel is in continuous transit.
    This transit provision does not apply to federally permitted 
vessels. There would be no change to current Federal regulations 
requiring all federally permitted vessels to abide by the measures of 
the state(s) in which they harvest or land their catch, or the Federal 
waters measures, whichever are more restrictive.
[GRAPHIC] [TIFF OMITTED] TP08AU19.028

Inclusion of Maximum Size Limit

    Although the states are able to set a maximum size limit for fish 
caught in state waters, only a minimum size can be specified in the 
current Federal regulations. By including a maximum size, the Council 
could recommend both a minimum and maximum recreational size limit to 
allow for consideration of regular slot limits, split slot limits, and 
trophy fish when setting recreational measures each year. The proposed 
measure would only be for summer flounder and black sea bass. The 
Commission already has the flexibility to develop slot limits in state 
waters. This measure does not make any immediate adjustments to any 
current Federal recreational measures, but would add flexibility in 
specifying recreational management measures and would allow for future 
consideration by the Council.

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.
    The Council reviewed the proposed regulations for this action and 
deemed them necessary and appropriate to implement consistent with 
section 303(c) of the Magnuson-Stevens Conservation and Management Act.
    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, 869 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. A 
similar affiliate database is not available

[[Page 38922]]

for non-federally permitted vessels. As previously stated, the transit 
provision for Block Island Sound applies only to non-federally 
permitted commercial and recreational vessels. The number of commercial 
and recreational affiliates which are legally authorized to fish in 
Rhode Island state waters and do not hold Federal commercial or party/
charter permits for summer flounder, scup, and black sea bass has not 
been assessed. However, based on the federally permitted recreational 
fishing fleet, it is expected that most, if not all, of these entities 
would be classified as small businesses.
    This action would include conservation equivalency as an annual 
management consideration for the black sea bass fishery, incorporate a 
maximum recreational size limit in the list of potential specifications 
measures for summer flounder and black sea bass, and create a Federal 
water transit area for non-federally permitted vessels fishing in state 
waters around Block Island Sound. The first two management measures are 
administrative in nature and make no immediate changes to the 
fisheries, but are expected to result in increased angler satisfaction 
by allowing for consistency of measures in state and Federal waters. If 
the Council and Board utilize these provisions when setting 
recreational specifciations in the future, those impacts will be 
evaluated. The last management measure, which would allow non-federally 
permitted recreational and commercial vessels to transit a defined area 
in Block Island Sound while complying with the state regulations for 
summer flounder, scup, and black sea bass, only applies to state-only 
permitted vessels and does not impact federally permitted vessels. This 
transit area would likely result in a slight increase in fishing 
activity in Rhode Island state waters around Block Island by state-only 
permitted commercial and recreational vessels, but landings will still 
be constrained by annual harvest limits.
    Because this action would either implement administrative measures 
or allow for a slight increase in fishing opportunities and revenues, 
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 this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 8, 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.

0
2. In Sec.  648.14, revise paragraphs (n)(1)(i), (o)(1) introductory 
text, (p)(1) introductory text, (p)(1)(i) and (v), and (p)(2) 
introductory text, to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (n) * * *
    (1) * * *
    (i) Permit requirement. Possess summer flounder in or harvested 
from the EEZ, either in excess of the possession limit specified in 
Sec.  648.106, or before or after the time period specified in Sec.  
648.105, unless the vessel was issued a summer flounder moratorium 
permit and the moratorium permit is on board the vessel and has not 
been surrendered, revoked, or suspended. However, possession of summer 
flounder harvested from state waters is allowed for state-only 
permitted vessels when transiting Federal waters within the Block 
Island Sound Transit Area provided they follow the provisions at Sec.  
648.111.
* * * * *
    (o) * * *
    (1) All persons. Unless a vessel is participating in a research 
activity as described in Sec.  648.122(e) or unless a vessel has no 
Federal scup permit, possesses scup caught exclusively in state waters, 
and is transiting Federal waters within the Block Island Sound Transit 
Area in accordance with the provisions at Sec.  648.131, it is unlawful 
for any person to do any of the following:
* * * * *
    (p) * * *
    (1) All persons. Unless participating in a research activity as 
described in Sec.  648.142(e), it is unlawful for any person to do any 
of the following:
    (i) Permit requirement. Possess black sea bass in or harvested from 
the EEZ north of 35[deg]15.3' N lat., either in excess of the 
possession limit established pursuant to Sec.  648.145, or before or 
after the time period established pursuant to Sec.  648.146, unless the 
person is operating a vessel issued a moratorium permit under Sec.  
648.4 and the moratorium permit is on board the vessel. However, 
possession of black sea bass harvested from state waters is allowed for 
state-only permitted vessels when transiting Federal waters within the 
Block Island Sound Transit Area provided they follow the provisions at 
Sec.  648.151.
* * * * *
    (v) Size limits. Fish for, possess, land, or retain black sea bass 
in or from the EEZ that does not comply with the minimum or maximum (as 
applicable) fish size specified in Sec.  648.147.
* * * * *
    (2) Vessel and operator permit holders. Unless participating in a 
research activity as described in Sec.  648.142(e), it is unlawful for 
any person owning or operating a vessel issued a black sea bass permit 
(including a moratorium permit) to do any of the following:
* * * * *
0
3. In Sec.  648.102, revise paragraphs (a)(7), and (d)(2)(ii) through 
(iv) to read as follows:


Sec.  648.102  Summer flounder specifications.

    (a) * * *
    (7) Recreational minimum and/or maximum fish size.
* * * * *
    (d) * * *
    (2) * * *
    (ii) The ASMFC will review conservation equivalency proposals and 
determine whether or not they achieve the necessary adjustment to 
recreational landings. The ASMFC will provide the Regional 
Administrator with the individual state and/or multi-state region 
conservation measures for the approved state and/or multi-state region 
proposals and, in the case of disapproved state and/or multi-state 
region proposals, the precautionary default measures that should be 
applied to a state or region. At the request of the ASMFC, 
precautionary default measures would apply to federally permitted 
party/charter vessels and other recreational fishing vessels harvesting 
summer flounder in or from the EEZ when landing in a state that 
implements measures not approved by the ASMFC.
    (iii) After considering public comment, the Regional Administrator 
will publish a final rule in the Federal Register to implement either 
the state specific conservation equivalency measures or coastwide 
measures to ensure that the applicable specified target is not 
exceeded.
    (iv) The ASMFC may allow states assigned the precautionary default 
measures to resubmit revised

[[Page 38923]]

management measures. The ASMFC will detail the procedures by which the 
state can develop alternate measures. The ASMFC will notify the 
Regional Administrator of any resubmitted state proposals approved 
subsequent to publication of the final rule and the Regional 
Administrator will publish a notice in the Federal Register to notify 
the public.
* * * * *
0
4. In Sec.  648.104, revise the section heading and paragraphs (b) and 
(c) to read as follows:


Sec.  648.104   Summer flounder size requirements.

* * * * *
    (b) Party/charter permitted vessels and recreational fishery 
participants. The minimum size for summer flounder is 19 inches (48.3 
cm) TL for all vessels that do not qualify for a moratorium permit 
under Sec.  648.4(a)(3), and charter boats holding a moratorium permit 
if fishing with more than three crew members, or party boats holding a 
moratorium permit if fishing with passengers for hire or carrying more 
than five crew members, unless otherwise specified in the conservation 
equivalency regulations at Sec.  648.107. If conservation equivalency 
is not in effect in any given year, possession of smaller (or larger, 
if applicable) summer flounder harvested from state waters is allowed 
for state-only permitted vessels when transiting Federal waters within 
the Block Island Sound Transit Area provided they follow the provisions 
at Sec.  648.111 and abide by state regulations.
    (c) The size limits in this section apply to whole fish or to any 
part of a fish found in possession, e.g., fillets, except that party 
and charter vessels possessing valid state permits authorizing 
filleting at sea may possess fillets smaller than the size specified if 
all state requirements are met.
0
5. Revise Sec.  648.105 to read as follows:


Sec.  648.105   Summer flounder recreational fishing season.

    No person may fish for summer flounder in the EEZ from May 15 
through September 15 unless that person is the owner or operator of a 
fishing vessel issued a commercial summer flounder moratorium permit, 
or is issued a summer flounder dealer permit, or unless otherwise 
specified in the conservation equivalency measures at Sec.  648.107. 
Persons aboard a commercial vessel that is not eligible for a summer 
flounder moratorium permit are subject to this recreational fishing 
season. This time period may be adjusted pursuant to the procedures in 
Sec.  648.102. Possession of summer flounder harvested from state 
waters during this time is allowed for state-only permitted vessels 
when transiting Federal waters within the Block Island Sound Transit 
Area provided they follow the provisions at Sec.  648.111 and abide by 
state regulations.
0
 6. In Sec.  648.106, revise paragraph (a) to read as follows:


Sec.  648.106   Summer flounder possession restrictions.

    (a) Party/charter and recreational possession limits. No person 
shall possess more than four summer flounder in, or harvested from, the 
EEZ, per trip unless that person is the owner or operator of a fishing 
vessel issued a summer flounder moratorium permit, or is issued a 
summer flounder dealer permit, or unless otherwise specified in the 
conservation equivalency measures at Sec.  648.107. Persons aboard a 
commercial vessel that is not eligible for a summer flounder moratorium 
permit are subject to this possession limit. The owner, operator, and 
crew of a charter or party boat issued a summer flounder moratorium 
permit are subject to the possession limit when carrying passengers for 
hire or when carrying more than five crew members for a party boat, or 
more than three crew members for a charter boat. This possession limit 
may be adjusted pursuant to the procedures in Sec.  648.102. Possession 
of summer flounder harvested from state waters above this possession 
limit is allowed for state-only permitted vessels when transiting 
Federal waters within the Block Island Sound Transit Area provided they 
follow the provisions at Sec.  648.111 and abide by state regulations.
* * * * *
0
7. In Sec.  648.107, revise paragraph (a) introductory text and 
paragraph (b) 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 
season, size limits, 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.
* * * * *
    (b) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels 
registered in states and subject to the recreational fishing measures 
of this part, whose fishery management measures are not determined by 
the Regional Administrator to be the conservation equivalent of the 
season, size limits and possession limit prescribed in Sec. Sec.  
648.102, 648.103(b), and 648.105(a), respectively, due to the lack of, 
or the reversal of, a conservation equivalent recommendation from the 
Summer Flounder Board of the Atlantic States Marine Fisheries 
Commission shall be subject to the following precautionary default 
measures: Season--July 1 through August 31; minimum size--20 inches 
(50.8 cm); and possession limit--two fish.
0
8. Add Sec.  648.111 to read as follows:


Sec.  648.111   Block Island Sound Transit Area.

    (a) Vessels not issued a Federal moratorium or party/charter 
permit, and recreational fishing participants fishing exclusively in 
state waters may transit with summer flounder harvested from state 
waters on board through Federal waters of the EEZ within Block Island 
Sound, north of a line connecting Montauk Light, Montauk Point, NY, and 
Block Island Southeast Light, Block Island, RI; and west of a line 
connecting Point Judith Light, Point Judith, RI, and Block Island 
Southeast Light, Block Island, RI. Within this area, possession of 
summer flounder is permitted regardless of the minimum or maximum size 
(as applicable), possession limit, and seasons outlined in Sec. Sec.  
648.104, 648.105, and 648.106, provided no fishing takes place from the 
vessel while in Federal waters of the EEZ, the vessel complies with 
state regulations, and is in continuous transit. During such transit 
through this area, commercial gear must be stowed in accordance with 
the definition of ``not available for immediate use'' found at Sec.  
648.2, and party/charter vessels and recreational participants must 
have all bait and hooks removed from fishing rods, and any summer 
flounder on board must be stored in a cooler or container.
    (b) The requirements of this transit zone are not necessary or 
applicable for recreational fishery participants during years when 
conservation equivalency has been adopted under Sec.  648.107 
conservation equivalency measures and recreational Federal measures are 
waived.
0
 9. In Sec.  648.126, revise paragraph (b) to read as follows:


Sec.  648.126   Scup minimum fish sizes.

* * * * *
    (b) Party/Charter permitted vessels and recreational fishery 
participants. The minimum size for scup is 9 inches (22.9 cm) TL for 
all vessels that do not have a moratorium permit, or for party and 
charter vessels that are issued a

[[Page 38924]]

moratorium permit but are fishing with passengers for hire, or carrying 
more than three crew members if a charter boat, or more than five crew 
members if a party boat. However, possession of smaller scup harvested 
from state waters is allowed for state-only permitted vessels when 
transiting Federal waters within the Block Island Sound Transit Area 
provided they follow the provisions at Sec.  648.131 and abide by state 
regulations.
* * * * *
0
10. Revise Sec.  648.127 to read as follows:


Sec.  648.127   Scup recreational fishing season.

    Fishermen and vessels that are not eligible for a moratorium permit 
under Sec.  648.4(a)(6), may possess scup year-round, subject to the 
possession limit specified in Sec.  648.128(a). The recreational 
fishing season may be adjusted pursuant to the procedures in Sec.  
648.122. Should the recreational fishing season be modified, non-
federally permitted vessels abiding by state regulations may transit 
with scup harvested from state waters on board through the Block Island 
Sound Transit Area following the provisions outlined in Sec.  648.131.
0
11. In Sec.  648.128, revise paragraph (a) to read as follows:


Sec.  648.128   Scup possession restrictions.

    (a) Party/Charter and recreational possession limits. No person 
shall possess more than 50 scup in, or harvested from, per trip the EEZ 
unless that person is the owner or operator of a fishing vessel issued 
a scup moratorium permit, or is issued a scup dealer permit. Persons 
aboard a commercial vessel that is not eligible for a scup moratorium 
permit are subject to this possession limit. The owner, operator, and 
crew of a charter or party boat issued a scup moratorium permit are 
subject to the possession limit when carrying passengers for hire or 
when carrying more than five crew members for a party boat, or more 
than three crew members for a charter boat. This possession limit may 
be adjusted pursuant to the procedures in Sec.  648.122. However, 
possession of scup harvested from state waters above this possession 
limit is allowed for state-only permitted vessels when transiting 
Federal waters within the Block Island Sound Transit Area provided they 
follow the provisions at Sec.  648.131 and abide by state regulations.
* * * * *
0
12. Add Sec.  648.131 to read as follows:


Sec.  648.131   Block Island Sound Transit Area.

    (a) Vessels not issued a Federal moratorium or party/charter 
permit, and recreational fishing participants fishing exclusively in 
state waters may transit with scup harvested from state waters on board 
through Federal waters of the EEZ within Block Island Sound, north of a 
line connecting Montauk Light, Montauk Point, NY, and Block Island 
Southeast Light, Block Island, RI; and west of a line connecting Point 
Judith Light, Point Judith, RI, and Block Island Southeast Light, Block 
Island, RI. Within this area, possession of scup is permitted 
regardless of the minimum size, possession limit, and seasons outlined 
in Sec. Sec.  648.126, 648.127, and 648.128, provided no fishing takes 
place from the vessel while in Federal waters of the EEZ, the vessel 
complies with state regulations, and is in continuous transit. During 
such transit through this area, commercial gear must be stowed in 
accordance with the definition of ``not available for immediate use'' 
found at Sec.  648.2, and party/charter vessels and recreational 
participants must have all bait and hooks removed from fishing rods, 
and any scup on board must be stored in a cooler or container.
0
13. Revise Sec.  648.142 to read as follows:


Sec.  648.142   Black sea bass specifications.

    (a) Commercial quota, recreational landing limit, research set-
aside, and other specification measures. The Black Sea Bass Monitoring 
Committee will recommend to the Demersal Species Committee of the MAFMC 
and the ASMFC, through the specification process, for use in 
conjunction with the ACL and ACT, sector-specific research set-asides, 
estimates of the sector-related discards, a recreational harvest limit, 
a commercial quota, along with other measures, as needed, that are 
projected to ensure the sector-specific ACL for an upcoming year or 
years will not be exceeded. The following measures are to be considered 
by the Black Sea Bass Monitoring Committee:
    (1) Research quota set from a range of 0 to 3 percent of the 
maximum allowed.
    (2) A commercial quota, allocated annually.
    (3) A commercial possession limit for all moratorium vessels, with 
the provision that these quantities be the maximum allowed to be landed 
within a 24-hour period (calendar day).
    (4) Commercial minimum fish size.
    (5) Minimum mesh size in the codend or throughout the net and the 
catch threshold that will require compliance with the minimum mesh 
requirement.
    (6) Escape vent size.
    (7) A recreational possession limit set after the reduction for 
research quota.
    (8) Recreational minimum and/or maximum fish size.
    (9) Recreational season.
    (10) Recreational state conservation equivalent and precautionary 
default measures utilizing possession limits, minimum fish sizes, and/
or seasons set after reductions for research quota.
    (11) Restrictions on gear other than otter trawls and pots or 
traps.
    (12) Total allowable landings on an annual basis for a period not 
to exceed 3 years.
    (13) Changes, as appropriate, to the SBRM, including the CV-based 
performance standard, the means by which discard data are collected/
obtained, fishery stratification, the process for prioritizing observer 
sea-day allocations, reports, and/or industry-funded observers or 
observer set aside programs.
    (14) Modification of the existing AM measures and ACT control rules 
utilized by the Black Sea Bass Monitoring Committee.
    (b) Specification fishing measures. The Demersal Species Committee 
shall review the recommendations of the Black Sea Bass Monitoring 
Committee. Based on these recommendations and any public comment, the 
Demersal Species Committee shall make its recommendations to the MAFMC 
with respect to the measures necessary to assure that the sector-
specific ACLs for an upcoming fishing year or years will not be 
exceeded. The MAFMC shall review these recommendations and, based on 
the recommendations and public comment, make recommendations to the 
Regional Administrator with respect to the measures necessary to assure 
that sector ACLs are not exceeded. Included in the recommendation will 
be supporting documents, as appropriate, concerning the environmental 
and economic impacts of the final rule. The Regional Administrator will 
review these recommendations and any recommendations of the ASMFC. 
After such review, the Regional Administrator will publish a proposed 
rule in the Federal Register to implement a commercial quota, a 
recreational harvest limit, and additional management measures for the 
commercial fishery.
    (c) Distribution of annual commercial quota. The black sea bass 
commercial quota will be allocated on a coastwide basis.
    (d) Recreational specification measures. The Demersal Species 
Committee shall review the recommendations of the Black Sea Bass 
Monitoring Committee. Based on these

[[Page 38925]]

recommendations and any public comment, the Demersal Species Committee 
shall recommend to the MAFMC and ASMFC measures that are projected to 
ensure the recreational ACL for an upcoming fishing year or years will 
not be exceeded. The MAFMC shall review these recommendations and, 
based on the recommendations and any public comment, recommend to the 
Regional Administrator measures that are projected to ensure the 
recreational ACL for an upcoming fishing year or years will not be 
exceeded. The MAFMC's recommendations must include supporting 
documentation, as appropriate, concerning the environmental and 
economic impacts of the recommendations. The MAFMC and the ASMFC will 
recommend that the Regional Administrator implement either:
    (1) Coastwide measures. Annual coastwide management measures that 
constrain the recreational black sea bass fishery to the recreational 
harvest limit, or
    (2) Conservation equivalent measures. Individual states, or regions 
formed voluntarily by adjacent states (i.e., multi-state conservation 
equivalency regions), may implement different combinations of minimum 
and/or maximum fish sizes, possession limits, and closed seasons that 
achieve equivalent conservation as the coastwide measures established 
under paragraph (e)(1) of this section. Each state or multi-state 
conservation equivalency region may implement measures by mode or area 
only if the proportional standard error of recreational landing 
estimates by mode or area for that state is less than 30 percent.
    (i) After review of the recommendations, the Regional Administrator 
will publish a proposed rule in the Federal Register as soon as 
possible to implement the overall percent adjustment in recreational 
landings required for the fishing year, and the ASMFC's recommendation 
concerning conservation equivalency, the precautionary default 
measures, and coastwide measures.
    (ii) The ASMFC will review conservation equivalency proposals and 
determine whether or not they achieve the necessary adjustment to 
recreational landings. The ASMFC will provide the Regional 
Administrator with the individual state and/or multi-state region 
conservation measures for the approved state and/or multi-state region 
proposals and, in the case of disapproved state and/or multi-state 
region proposals, the precautionary default measures that should be 
applied to a state or region. At the request of the ASMFC, 
precautionary default measures would apply to federally permitted 
party/charter vessels and other recreational fishing vessels harvesting 
summer flounder in or from the EEZ when landing in a state that 
implements measures not approved by the ASMFC.
    (iii) After considering public comment, the Regional Administrator 
will publish a final rule in the Federal Register to implement either 
the state specific conservation equivalency measures or coastwide 
measures to ensure that the applicable specified target is not 
exceeded.
    (iv) The ASMFC may allow states assigned the precautionary default 
measures to resubmit revised management measures. The ASMFC will detail 
the procedures by which the state can develop alternate measures. The 
ASMFC will notify the Regional Administrator of any resubmitted state 
proposals approved subsequent to publication of the final rule and the 
Regional Administrator will publish a notice in the Federal Register to 
notify the public.
    (e) Research quota. See Sec.  648.22(g).
0
14. In Sec.  648.144, revise paragraph (a)(1)(ii) to read as follows:


Sec.  648.144   Black sea bass gear restrictions.

    (a) * * *
    (1) * * *
    (ii) Mesh sizes shall be measured pursuant to the procedure 
specified in Sec.  648.108(a)(2).
* * * * *
0
15. In Sec.  648.145, revise paragraph (a) to read as follows:


Sec.  648.145   Black sea bass possession limit.

    (a) During the recreational fishing season specified at Sec.  
648.146, no person shall possess more than 15 black sea bass in, or 
harvested from, per trip the EEZ unless that person is the owner or 
operator of a fishing vessel issued a black sea bass moratorium permit, 
or is issued a black sea bass dealer permit, unless otherwise specified 
in the conservation equivalent measures at Sec.  648.150. Persons 
aboard a commercial vessel that is not eligible for a black sea bass 
moratorium permit may not retain more than 15 black sea bass during the 
recreational fishing season specified at Sec.  648.146. The owner, 
operator, and crew of a charter or party boat issued a black sea bass 
moratorium permit are subject to the possession limit when carrying 
passengers for hire or when carrying more than five crew members for a 
party boat, or more than three crew members for a charter boat. This 
possession limit may be adjusted pursuant to the procedures in Sec.  
648.142. However, possession of black sea bass harvested from state 
waters above this possession limit is allowed for state-only permitted 
vessels when transiting Federal waters within the Block Island Sound 
Transit Area provided they follow the provisions at Sec.  648.151 and 
abide by state regulations.
* * * * *
0
16. Revise Sec.  648.146 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 December 31, unless otherwise 
specified in the conservation equivalent measures at Sec.  648.150 or 
unless this time period is adjusted pursuant to the procedures in Sec.  
648.142. However, possession of black sea bass harvested from state 
waters outside of this season is allowed for state-only permitted 
vessels when transiting Federal waters within the Block Island Sound 
Transit Area provided they follow the provisions at Sec.  648.151 and 
abide by state regulations.
0
17. In Sec.  648.147, revise the section heading and paragraphs (b) and 
(c) to read as follows:


Sec.  648.147   Black sea bass size requirements.

* * * * *
    (b) Party/Charter permitted vessels and recreational fishery 
participants. The minimum fish size for black sea bass is 12.5 inches 
(31.75 cm) TL for all vessels that do not qualify for a moratorium 
permit, and for party boats holding a moratorium permit, if fishing 
with passengers for hire or carrying more than five crew members, and 
for charter boats holding a moratorium permit, if fishing with more 
than three crew members, unless otherwise specified in the conservation 
equivalent measures at Sec.  648.150. However, possession of smaller 
black sea bass harvested from state waters is allowed for state-only 
permitted vessels when transiting Federal waters within the Block 
Island Sound Transit Area provided they follow the provisions at Sec.  
648.151 and abide by state regulations.
    (c) The size limits in this section applies to the whole fish or 
any part of a fish found in possession (e.g., fillets), except that 
party or charter vessels possessing valid state permits authorizing 
filleting at sea may possess fillets smaller than the size specified if 
skin remains on the fillet and all other state requirements are met.

[[Page 38926]]

Sec.  648.150   [Reserved]

0
18. Add and reserve Sec.  648.150.
0
19. Add Sec.  648.151 to read as follows:


Sec.  648.151   Block Island Sound Transit Zone.

    (a) Vessels not issued a Federal moratorium or party/charter 
permit, and recreational fishing participants fishing exclusively in 
state waters may transit with black sea bass harvested from state 
waters on board through Federal waters of the EEZ within Block Island 
Sound, north of a line connecting Montauk Light, Montauk Point, NY, and 
Block Island Southeast Light, Block Island, RI; and west of a line 
connecting Point Judith Light, Point Judith, RI, and Block Island 
Southeast Light, Block Island, RI. Within this area, possession of 
black sea bass is permitted regardless of the minimum and/or maximum 
(as applicable) size, possession limit, and seasons outlined in 
Sec. Sec.  648.145, 648.146, and 648.147, provided no fishing takes 
place from the vessel while in Federal waters of the EEZ, the vessel 
complies with state regulations, and is in continuous transit. During 
such transit through this area, commercial gear must be stowed in 
accordance with the definition of ``not available for immediate use'' 
found at Sec.  648.2, and party/charter vessels and recreational 
participants must have all bait and hooks removed from fishing rods, 
and any black sea bass on board must be stored in a cooler or 
container.
    (b) The requirements of this transit zone are not necessary or 
applicable for recreational fishery participants during years when 
conservation equivalency has been adopted under Sec.  648.150 
conservation equivalency measures and recreational Federal measures are 
waived.

[FR Doc. 2019-16980 Filed 8-7-19; 8:45 am]
BILLING CODE 3510-22-P