Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder Fishery; Fishing Year 2020, 19126-19129 [2020-07061]
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19126
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Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Proposed Rules
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RIN 0648–BJ66
Background
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder
Fishery; Fishing Year 2020
Summer flounder is cooperatively
managed by the Mid-Atlantic Fishery
Management Council (Council) and the
Atlantic States Marine Fisheries
Commission (Commission). The Council
and the Commission’s Summer
Flounder Management Board (Board)
meet jointly each year to recommend
recreational management measures for
summer flounder. NMFS must
implement coastwide measures or
approve conservation equivalent
measures per 50 CFR 648.102(d) as soon
as possible following the Council and
Commission’s recommendation. This
action proposes maintaining
conservation equivalency for 2020, as
jointly recommended by the Council
and Board.
PART 18—INDUSTRIAL, SCIENTIFIC,
AND MEDICAL EQUIPMENT
National Oceanic and Atmospheric
Administration
7. The authority citation for part 18
continues to read as follows:
50 CFR Part 648
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Authority: 47 U.S.C. 4, 301, 302, 303, 304,
307.
8. Amend § 18.107 by adding
paragraph (k) to read as follows:
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§ 18.107
Definitions.
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(k) Wireless power transfer (WPT)
equipment. A category of ISM
equipment which generates and emits
RF energy for local use by inductive,
capacitive or radiative coupling, for
transfer of electromagnetic energy
between a power transfer unit (TU) and
receiving unit(s) (RU) of a WPT system.
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■ 9. Add § 18.123 to read as follows:
§ 18.123 Transition Provisions for Wireless
Power Transfer Equipment.
All wireless power transfer equipment
that are manufactured, imported,
marketed or installed on or after [DATE
6 MONTHS AFTER EFFECTIVE DATE
OF FINAL RULE] shall comply with all
the provisions for wireless power
transfer devices of this part.
■ 10. Amend § 18.203 by adding
paragraph (d) to read as follows:
§ 18.203
Equipment authorization.
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(d) Wireless power transfer equipment
shall be authorized under the
Certification procedure prior to use or
marketing, in accordance with the
relevant sections of part 2, subpart J of
this chapter.
■ 11. Amend § 18.207 by adding
paragraph (e)(6) to read as follows:
§ 18.207
Technical report.
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[Docket No. 200331–0095]
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Policy Analyst,
(978) 281–9116.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
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(e) * * *
(6) For wireless power transfer
equipment, a statement confirming
compliance for radio frequency
radiation exposure in accordance with
the requirements in 47 CFR 1.1307(b),
1.1310, 2.1091, and 2.1093, as
appropriate. Applications for equipment
authorization of RF sources operating
under this section must contain a
statement confirming compliance with
these requirements. Technical
information showing the basis for this
statement must be submitted to the
Commission upon request.
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[FR Doc. 2020–06966 Filed 4–3–20; 8:45 am]
BILLING CODE 6712–01–P
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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 2020 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
April 21, 2020.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2020–0033, 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-20200033,
• Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
• 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
SUMMARY:
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Recreational Management Measures
Process
The Summer Flounder, Scup, and
Black Sea Bass Fishery Management
Plan (FMP) established a Monitoring
Committee for summer flounder
consisting of representatives from the
Commission, the Council, state marine
fishery agencies 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
(RHL) for the upcoming fishing year.
The FMP limits the choices for the types
of measures to minimum and/or
maximum fish size, per angler
possession limit, and fishing season.
The Council and the 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
(66 FR 36208; July 11, 2001), allows
each state to establish its own
recreational management measures
(possession limits, size limits, and
fishing seasons) to achieve its state
management target partitioned by the
Commission from the coastwide RHL, 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 (71 FR 42315; July 26,
2006) 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 RHL
will not be exceeded. Even when the
Council and Board recommend
conservation equivalency, the Council
must specify a set of non-preferred
coastwide measures that would apply if
conservation equivalency is not
approved for use in Federal waters.
When conservation equivalency is
recommended, and following
confirmation by the Commission that
the proposed state or regional measures
developed through its technical and
policy review processes achieve
conservation equivalency, NMFS may
waive, for the duration of the fishing
year, 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 exclusive
economic zone (EEZ) are subject to the
recreational fishing measures
implemented by the state in which they
land summer flounder, rather than the
coastwide measures. Conservation
equivilency expires at the end of each
fishing year (December 31).
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
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measures that are not conservationally
equivalent to the coastwide measures.
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 or
regional 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 2020 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 determination on 2020
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.
2020 Summer Flounder Recreational
Management Measures
The 2020 summer flounder RHL is
7.69 million lb (3,488 mt), which is the
same as the 2019 RHL. Based on
preliminary Marine Recreational
Information Program (MRIP) data
through October 2019 (wave 5) summer
flounder landings are projected to be
7.74 million lb (3,510 mt), which is 1
percent above the 2019 and 2020 RHL
of 7.69 million lb (3,488 mt). At the time
the Council and Board approved 2020
recreational measures, data were only
available through wave 4 (August 2019),
which resulted in projected harvest of
7.06 million lb (3,202 mt), 8 percent
below the 2020 RHL. The Council and
Board consider the uncertainty around
the recreational harvest estimates by
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maintaining status quo measures if the
coastwide percent standard error (PSE)
around the recreational estimate
encompasses the following year’s RHL.
This was the case using projections
through wave 4, and, therefore, the
Council and Board did not approve a
liberalization in measures for 2020. The
revised projections using data through
wave 5 are also within the PSE;
therefore, no -adjustments are needed.
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 identified
by the Council and Board, which would
be in effect should NMFS not approve
conservation equivalency. These
measures are expected to constrain the
overall recreational landings to the 2020
recreational harvest limit, should
conservation equivalency be
disapproved based on the Commission’s
recommendation letter. For 2020, nonpreferred coastwide measures approved
by the Council and Board are a 19-inch
(48.3-cm) minimum fish size, a four-fish
per person possession limit, and an
open season from May 15–September
15. These measures are identical to the
non-preferred 2019 coastwide measures.
The coastwide measures become the
default management measures in the
subsequent fishing year, in this case
2021, until the joint process establishes
either coastwide or conservation
equivalency measures for the next year.
The 2020 precautionary default
measures recommended by the Council
and Board are identical to those in place
for 2019: A 20.0-inch (50.8-cm)
minimum fish size; a two-fish per
person possession limit; and an open
season of July 1–August 31, 2020. These
measures may be assigned by the
Commission if conservation equivalency
is approved but a state or region does
not submit a conservationally equivilent
proposal.
Similar to 2016–2019, the 2020
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 (size limits, 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 2019
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Federal Register / Vol. 85, No. 66 / Monday, April 6, 2020 / Proposed Rules
recreational harvest. Proposals for
conservationally equivalent state
measures will be reviewed by the
Board’s Technical Committee in late
March, and the Board will consider final
approval in early April 2020. 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 2020 recreational harvest limit.
Once that letter is received, NMFS will
be able to publish a final recreational
management measures rule with a
conservation equivalency determination
for 2020.
Regulatory Corrections
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 regulation
at § 648.102(d)(2) describes
conservationally equivalent measures
that states or regions would develop for
summer flounder. In a prior action
promulgating regulations for Framework
Adjustment 14 (84 FR 65699; November
29, 2019), we intended to replace
‘‘minimum fish sizes’’ in this regulation
with ‘‘minimum and/or maximum fish
sizes’’ to reflect Framework Adjustment
14’s addition of maximum size limits as
a management measure available for
summer flounder recreational fisheries.
This change was inadvertently left out
of the rule. To correct this error this
action proposes to replace ‘‘minimum
fish sizes’’ with ‘‘minimum and/or
maximum fish sizes.’’
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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.
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This proposed rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
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 (SBA)
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, 389 for-hire
affiliate firms generated revenues from
recreational fishing for various species
during the 2016–2018 period. All of
those business affiliates are categorized
as small businesses. The SBA defines a
small for-hire recreational fishing
business is defined as a firm with
receipts of up to $7.5 million.
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 (2016–2018) combined gross
receipts (all for-hire fishing activity
combined) for these small entities was
$52,156,152, ranging from less than
$10,000 for 119 entities (lowest value
$124) to over $1,000,000 for 8 entities
(highest value $2.9 million).
This proposed action would waive
Federal measures in lieu of state
measures designed to reach the 2020
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 very
similar to measures that were in place
in 2019. The summer flounder
recreational measures under
conservation equivalency are expected
to neither reduce nor increase
recreational satisfaction or for-hire
revenues when compared to 2019.
Demand for for-hire trips is expected to
remain approximately the same as in
2019. Thus, market demand is expected
to be similar in 2020, although this is
likely to vary by state depending on
each state’s current measures and how
they choose to modify them in 2020.
Because the 2020 measures are
expected to be mostly identical to 2019,
this rule will not have a significant
economic impact on a substantial
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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: March 31, 2020.
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. In § 648.102, paragraph (d)(2) is
revised to read as follows:
■
§ 648.102
Summer flounder specifications.
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(d) * * *
(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.
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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.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by the states of Maine through North
Carolina for 2020 are the conservation
equivalent of the season, size limits, and
possession limit prescribed in
§§ 648.104(b), 648.105, and 648.106.
This determination is based on a
recommendation from the Summer
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Flounder Board of the Atlantic States
Marine Fisheries Commission.
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[FR Doc. 2020–07061 Filed 4–3–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200331–0094]
RIN 0648–BI28
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Removal of Regulations
Implementing the Closed Area I Hook
Gear Haddock Special Access
Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
We propose to remove
regulations that implement the Closed
Area I Hook Gear Haddock Special
Access Program. The Omnibus Essential
Fish Habitat Amendment 2 eliminated
the year-round Closed Area I, rendering
the Closed Area I Hook Gear Haddock
Special Access Program unnecessary.
Eliminating the Closed Area I Hook Gear
Haddock Special Access Program would
reduce confusion and inconsistency
with other regulations.
DATES: Written comments must be
received on or before May 6, 2020.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2019–0104,
by either of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal eRulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200026;
2. Click the ‘‘Comment Now!’’ icon
and complete the required fields; and
3. Enter or attach your comments.
• Mail: Submit written comments to
Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
the Closed Area I Hook Gear Haddock
SAP.’’
Instructions: All comments received
that were timely and properly submitted
are a part of the public record and will
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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. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). 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 us.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, phone: (978) 281–9232;
email: Spencer.Talmage@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
NMFS published an interim final rule
(69 FR 67779; November 19, 2004),
implementing measures approved under
Framework Adjustment 40–A to the
Northeast Multispecies Fishery
Management Plan (FMP). Among other
measures, Framework 40–A created the
Closed Area I Hook Gear Haddock
Special Access Program (CAI HGH SAP)
to provide vessels with additional
opportunities in Closed Area I to target
healthy stocks. The CAI HGH SAP
allowed vessels to access the groundfish
year-round Closed Area I if they
followed certain gear and other
restrictions.
The Omnibus Essential Fish Habitat
Amendment 2 (83 FR 15240, April 9,
2018) eliminated the year-round closure
of Closed Area I. The area once covered
by Closed Area I is now open to vessels
fishing with hook gear, with the
exception of the Georges Bank
Dedicated Habitat Research Area and
the seasonal Closed Area I North
Closure (February 1—April 15). The CAI
HGH SAP does not overlap with either
the Georges Bank Dedicated Habitat
Research Area or Closed Area I North
Closure, and as such does not allow any
activity otherwise prohibited by these
areas. As a result, the CAI HGH SAP is
now unnecessary, redundant, and
inconsistent with the changes made by
the Omnibus Essential Fish Habitat
Amendment 2 because the program
provides special access to an area that
is already open to the groundfish fleet
in the time that the SAP is effective.
Under section 305(d) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
Regional Administrator is authorized to
make changes to regulations that are
necessary to carry out any fishery
management plan or amendment. We
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are proposing to amend the regulations
in § 648.14, § 648.81, § 648.82, and
§ 648.85 to remove references to the CAI
HGH SAP and to make a minor
correction to a cross-reference.
This action would not change the
allocation to the Incidental Catch Total
Allowable Catch (TAC) defined in
§ 648.85(b)(5)(ii). Such a change would
require a substantive change to prior
New England Fishery Management
Council allocation decisions, and it is
more appropriate for the New England
Fishery Management Council to
consider these changes in a future
action. During the biennial
specifications process, 2 percent of the
Georges Bank (GB) cod sub-Annual
Catch Limit for the common pool is
designated as the Incidental Catch TAC.
The Incidental Catch TAC is split
between the Regular B Day-at-Sea
Program, the Eastern United States/
Canada Haddock SAP, and the CAI HGH
SAP. The Incidental Catch TAC is a cap
on catch of GB Cod in these programs,
and does not affect the overall amount
of GB cod available to vessels fishing
outside of these programs in the
common pool.
Because no changes are being made to
this process, 16 percent of the Incidental
Catch TAC will continue to be allocated
to the CAI HGH SAP during each
biennial specifications process. This
does not affect the quota available to the
common pool groundfish fishery. The
New England Fishery Management
Council may choose to take further
action on the allocation of the Incidental
Catch TAC.
On December 17, 2019, NMFS
published a final rule (84 FR 68798)
prohibiting gillnet fishing in the
Nantucket Lightship and Closed Area I
Closure Areas, in order to comply with
a Federal Court order. That rule only
affects vessels fishing with gillnet gear,
and vessels fishing with hook gear may
still fish in Closed Area I without
declaring into the CAI HGH SAP. This
action to eliminate the CAI HGH SAP
was not affected by the prohibition of
gillnet fishing in Closed Area I.
Classification
The National Marine Fisheries Service
(NMFS) Assistant Administrator has
made a preliminary determination that
this proposed rule is consistent with
section 305(d) and other provisions of
the Magnuson-Stevens Act, and other
applicable law. In making the final
determination, we will consider the
data, views, and comments received
during the public comment period,
subject to further consideration after
public comment.
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]]>Agencies
[Federal Register Volume 85, Number 66 (Monday, April 6, 2020)]
[Proposed Rules]
[Pages 19126-19129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07061]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200331-0095]
RIN 0648-BJ66
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder Fishery; Fishing Year 2020
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 management measures for the 2020 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 April 21, 2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0033, 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-2020-
0033,
Click the ``Comment Now!'' icon, complete the required
fields, and
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 Keiley, Fishery Policy Analyst,
(978) 281-9116.
SUPPLEMENTARY INFORMATION:
Background
Summer flounder is cooperatively managed by the Mid-Atlantic
Fishery Management Council (Council) and the Atlantic States Marine
Fisheries Commission (Commission). The Council and the Commission's
Summer Flounder Management Board (Board) meet jointly each year to
recommend recreational management measures for summer flounder. NMFS
must implement coastwide measures or approve conservation equivalent
measures per 50 CFR 648.102(d) as soon as possible following the
Council and Commission's recommendation. This action proposes
maintaining conservation equivalency for 2020, as jointly recommended
by the Council and Board.
Recreational Management Measures Process
The Summer Flounder, Scup, and Black Sea Bass Fishery Management
Plan (FMP) established a Monitoring Committee for summer flounder
consisting of representatives from the Commission, the Council, state
marine fishery agencies 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 (RHL) for the upcoming fishing year. The FMP limits the choices
for the types of measures to minimum and/or maximum fish size, per
angler possession limit, and fishing season.
The Council and the 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.
[[Page 19127]]
Summer Flounder Conservation Equivalency Process
Conservation equivalency, as established by Framework Adjustment 2
(66 FR 36208; July 11, 2001), allows each state to establish its own
recreational management measures (possession limits, size limits, and
fishing seasons) to achieve its state management target partitioned by
the Commission from the coastwide RHL, 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 (71 FR 42315; July 26, 2006) 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 RHL will not be exceeded. Even when the Council and
Board recommend conservation equivalency, the Council must specify a
set of non-preferred coastwide measures that would apply if
conservation equivalency is not approved for use in Federal waters.
When conservation equivalency is recommended, and following
confirmation by the Commission that the proposed state or regional
measures developed through its technical and policy review processes
achieve conservation equivalency, NMFS may waive, for the duration of
the fishing year, 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 exclusive
economic zone (EEZ) are subject to the recreational fishing measures
implemented by the state in which they land summer flounder, rather
than the coastwide measures. Conservation equivilency expires at the
end of each fishing year (December 31).
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 are not conservationally equivalent to the
coastwide measures.
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 or regional 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 2020 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 determination on 2020 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.
2020 Summer Flounder Recreational Management Measures
The 2020 summer flounder RHL is 7.69 million lb (3,488 mt), which
is the same as the 2019 RHL. Based on preliminary Marine Recreational
Information Program (MRIP) data through October 2019 (wave 5) summer
flounder landings are projected to be 7.74 million lb (3,510 mt), which
is 1 percent above the 2019 and 2020 RHL of 7.69 million lb (3,488 mt).
At the time the Council and Board approved 2020 recreational measures,
data were only available through wave 4 (August 2019), which resulted
in projected harvest of 7.06 million lb (3,202 mt), 8 percent below the
2020 RHL. The Council and Board consider the uncertainty around the
recreational harvest estimates by maintaining status quo measures if
the coastwide percent standard error (PSE) around the recreational
estimate encompasses the following year's RHL. This was the case using
projections through wave 4, and, therefore, the Council and Board did
not approve a liberalization in measures for 2020. The revised
projections using data through wave 5 are also within the PSE;
therefore, no -adjustments are needed.
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 identified by the Council and Board,
which would be in effect should NMFS not approve conservation
equivalency. These measures are expected to constrain the overall
recreational landings to the 2020 recreational harvest limit, should
conservation equivalency be disapproved based on the Commission's
recommendation letter. For 2020, non-preferred coastwide measures
approved by the Council and Board are a 19-inch (48.3-cm) minimum fish
size, a four-fish per person possession limit, and an open season from
May 15-September 15. These measures are identical to the non-preferred
2019 coastwide measures. The coastwide measures become the default
management measures in the subsequent fishing year, in this case 2021,
until the joint process establishes either coastwide or conservation
equivalency measures for the next year.
The 2020 precautionary default measures recommended by the Council
and Board are identical to those in place for 2019: A 20.0-inch (50.8-
cm) minimum fish size; a two-fish per person possession limit; and an
open season of July 1-August 31, 2020. These measures may be assigned
by the Commission if conservation equivalency is approved but a state
or region does not submit a conservationally equivilent proposal.
Similar to 2016-2019, the 2020 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 (size
limits, 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 2019
[[Page 19128]]
recreational harvest. Proposals for conservationally equivalent state
measures will be reviewed by the Board's Technical Committee in late
March, and the Board will consider final approval in early April 2020.
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 2020 recreational harvest limit. Once that letter is
received, NMFS will be able to publish a final recreational management
measures rule with a conservation equivalency determination for 2020.
Regulatory Corrections
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
regulation at Sec. 648.102(d)(2) describes conservationally equivalent
measures that states or regions would develop for summer flounder. In a
prior action promulgating regulations for Framework Adjustment 14 (84
FR 65699; November 29, 2019), we intended to replace ``minimum fish
sizes'' in this regulation with ``minimum and/or maximum fish sizes''
to reflect Framework Adjustment 14's addition of maximum size limits as
a management measure available for summer flounder recreational
fisheries. This change was inadvertently left out of the rule. To
correct this error this action proposes to replace ``minimum fish
sizes'' with ``minimum and/or maximum fish sizes.''
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.
This proposed rule is not an Executive Order 13771 regulatory
action because this rule is not significant under 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 (SBA) 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, 389 for-hire affiliate firms generated
revenues from recreational fishing for various species during the 2016-
2018 period. All of those business affiliates are categorized as small
businesses. The SBA defines a small for-hire recreational fishing
business is defined as a firm with receipts of up to $7.5 million.
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 (2016-2018) combined gross
receipts (all for-hire fishing activity combined) for these small
entities was $52,156,152, ranging from less than $10,000 for 119
entities (lowest value $124) to over $1,000,000 for 8 entities (highest
value $2.9 million).
This proposed action would waive Federal measures in lieu of state
measures designed to reach the 2020 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 very similar to measures that were in
place in 2019. The summer flounder recreational measures under
conservation equivalency are expected to neither reduce nor increase
recreational satisfaction or for-hire revenues when compared to 2019.
Demand for for-hire trips is expected to remain approximately the same
as in 2019. Thus, market demand is expected to be similar in 2020,
although this is likely to vary by state depending on each state's
current measures and how they choose to modify them in 2020.
Because the 2020 measures are expected to be mostly identical to
2019, 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: March 31, 2020.
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. 648.102, paragraph (d)(2) is revised to read as follows:
Sec. 648.102 Summer flounder specifications.
* * * * *
(d) * * *
(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.
* * * * *
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 2020 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
[[Page 19129]]
Flounder Board of the Atlantic States Marine Fisheries Commission.
* * * * *
[FR Doc. 2020-07061 Filed 4-3-20; 8:45 am]
BILLING CODE 3510-22-P
