Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder Fishery; Fishing Year 2020, 36802-36803 [2020-12069]
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36802
Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200529–0151]
RIN 0648–BJ66
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder
Fishery; Fishing Year 2020
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS announces
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. The intent of this action is to
achieve, but not exceed, the 2020
summer flounder recreational harvest
limit and thereby prevent overfishing on
the summer flounder stock.
DATES: This rule is effective June 18,
2020.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Policy Analyst,
(978) 281–9116.
SUPPLEMENTARY INFORMATION: The MidAtlantic Fishery Management Council
(Council) and the Atlantic States Marine
Fisheries Commission (Commission)
jointly manage summer flounder. The
Council and Commission’s Summer
Flounder Management Board meet
jointly each year to recommend
recreational management measures for
summer flounder.
In this final rule, NMFS is
implementing conservation equivalency
to manage the 2020 summer flounder
recreational fishery, as proposed on
April 6, 2020 (85 FR 19126). The
approval of conservation equivalency
means that we are waiving Federal
summer flounder recreational measures
in Federal waters and to all federally
permitted summer flounder party/
charter vessels, regardless of where they
fish. States, through the Commission,
are collectively implementing measures
designed to constrain landings to the
2020 recreational harvest limit. Vessels
fishing in Federal waters, and Federal
party/charter vessels are subject to the
regulations in the state they land. These
measures are consistent with the
recommendations of the Council and
the Commission. Additional
VerDate Sep<11>2014
16:26 Jun 17, 2020
Jkt 250001
information on the development of
these measures is provided in the
proposed rule and not repeated here.
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, fish size, and fishing
seasons) to achieve its state harvest limit
established by the Commission from the
coastwide recreational harvest limit, as
long as the combined effect of all of the
states’ management measures achieves
the same level of conservation as
Federal coastwide measures. Framework
Adjustment 6 (71 FR 42315; July 26,
2006) allows states to form regions for
conservation equivalency in order to
minimize differences in regulations for
anglers fishing in adjacent waters.
Similar to the 2016–2019 program, the
2020 management program adopted by
the Commission divides the recreational
fishery 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 (fish size, bag limit, and
fishing season length), and the
combination of those measures must be
sufficient to achieve, but not exceed, the
recreational harvest limit.
Based on the Commission’s
recommendation, we find that the 2020
recreational fishing measures required
to be implemented in state waters are,
collectively, the conservation equivalent
of the season, fish size, and possession
limit prescribed in 50 CFR 648.104(b),
648.105, and 648.106(a). According to
§ 648.107(a)(1), vessels subject to the
recreational fishing measures are not
subject to Federal measures, and instead
are subject to the recreational fishing
measures implemented by the state in
which they land. Section 648.107(a) is
amended through this final rule to
recognize state-implemented measures
as the conservation equivalent of the
Federal coastwide recreational
management measures for 2020.
Given the anticipated lower
recreational fishery participation this
spring, the Commission made additional
revisions to state/regional 2020
recreational measures to afford
additional fishing opportunity in late
summer and fall. Any changes
considered would be required to
maintain projected harvest levels
consistent with the state harvest limits.
In addition, this action reaffirms the
default coastwide measures (a 19-inch
(48.3-cm) minimum size, four-fish
possession limit, and May 15 through
September 15 open fishing season), that
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Frm 00088
Fmt 4700
Sfmt 4700
becomes effective January 1, 2021, upon
the expiration of the 2020 conservation
equivalency program.
Regulatory Corrections
Additionally, this final rule makes a
revision, consistent with section 305(d)
of the Magnson-Stevens Act, which
provides authority to the Secretary of
Commerce to implement regulations
that are necessary to ensure they are
consistent with the fishery management
plan (FMP) and 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 issuing 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 replaces ‘‘minimum fish sizes’’
with ‘‘minimum and/or maximum fish
sizes.’’
Changes From the Proposed Rule
There are no changes from the
proposed rule.
Comments and Responses
NMFS received four comments on the
proposed rule. Two comments were
related to state-specific measures
outside the scope of this action, offered
concerns over commercial fishing
limits, and relayed general complaints
over the management of summer
flounder. One comment supported the
previously approved addition of
‘‘maximum fish size’’ to the potential
management measures that states may
implement under conservation
equivalency. The final comment was not
relevant to the proposed rule. No
changes to the final rule are made based
on the submitted comments.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that these
management measures are necessary for
the conservation and management of the
summer flounder fishery and are
consistent with the Magnuson-Stevens
Act and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule is not an Executive
Order 13771 regulatory action because
E:\FR\FM\18JNR1.SGM
18JNR1
Federal Register / Vol. 85, No. 118 / Thursday, June 18, 2020 / Rules and Regulations
this action is not significant under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay of effectiveness period for
this rule, to ensure that the final
management measures are in place as
soon as possible.
The Federal coastwide regulatory
measures for recreational summer
flounder fishing that were codified last
year (84 FR 31743; July 3, 2019) remain
in effect until the decision to waive
Federal measures for 2020 is made
effective by this final rule. Many states
have already implemented their
conservationally equivalent 2020
measures; a delay in implementing the
measures of this rule will increase
confusion on what measures are in
place in Federal waters. Inconsistencies
between the states’ measures and the
Federal measures could lead to potential
confusion and misunderstanding of the
applicable regulations and could
increase the likelihood of noncompliant
landings. Additionally, the Federal
measures currently in place are more
restrictive than many of the measures in
state waters, which unnecessarily
disadvantages federally permitted
vessels who are subject to these more
restrictive measures until this final rule
is effective.
In response to this action, unlike
actions that require an adjustment
period to comply with new rules,
recreational and charter/party operators
will not have to purchase new
equipment or otherwise expend time or
money to comply with these
management measures. Rather,
complying with this final rule simply
means adhering to the published
management measures for summer
flounder while the recreational and
charter/party operators are engaged in
fishing activities.
For these reasons, the Assistant
Administrator finds good cause to waive
the 30-day delay of effectiveness period
and to implement this rule upon
publication in the Federal Register.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
A final regulatory flexibility analysis is
not required and none has been
prepared.
VerDate Sep<11>2014
16:26 Jun 17, 2020
Jkt 250001
36803
List of Subjects in 50 CFR Part 648
DEPARTMENT OF COMMERCE
Fisheries, Fishing, Reporting and
recordkeeping requirements.
National Oceanic and Atmospheric
Administration
Dated: June 1, 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 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)
introductory text is revised to read as
follows:
■
§ 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.
*
*
*
*
*
3. In § 648.107, paragraph (a)
introductory text 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
Flounder Board of the Atlantic States
Marine Fisheries Commission.
*
*
*
*
*
[FR Doc. 2020–12069 Filed 6–17–20; 8:45 am]
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50 CFR Part 660
[Docket No. 200610–0156]
RIN 0648–BJ53
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2020
Harvest Specifications for Pacific
Whiting, Cowcod and Shortbelly
Rockfish and 2020 Pacific Whiting
Tribal Allocation
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule to
establish 2020 harvest specifications
and management measures for Pacific
whiting, shortbelly rockfish, and
cowcod caught in the U.S. Exclusive
Economic Zone off the coasts of
Washington, Oregon, and California
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act, the Pacific Whiting Act of 2006,
and other applicable laws. For Pacific
whiting, this rule establishes the 2020
adjusted U.S. Total Allowable Catch
level, tribal and non-tribal allocations,
and research and bycatch set-asides.
This final rule also adjusts the 2020
harvest specifications for shortbelly
rockfish and cowcod. The catch limits
in this rule are intended to ensure the
long-term sustainability of the Pacific
whiting, shortbelly rockfish, and
cowcod stocks.
DATES: Effective June 18, 2020.
ADDRESSES: This final rule is accessible
via the internet at the Office of the
Federal Register website at https://
www.federalregister.gov. Background
information and documents including
an integrated analysis for this action
(Analysis), which addresses the
statutory requirements of the Magnuson
Stevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), the National Environmental Policy
Act, Presidential Executive Order
12866, and the Regulatory Flexibility
Act are available at the NMFS website
at https://www.fisheries.noaa.gov/
action/2020-harvest-specificationspacific-whiting-cowcod-and-shortbellyrockfish-and-2020-pacific and at the
Pacific Fishery Management Council’s
website at https://www.pcouncil.org/.
The final environmental impact
statement regarding Harvest
SUMMARY:
E:\FR\FM\18JNR1.SGM
18JNR1
]]>Agencies
[Federal Register Volume 85, Number 118 (Thursday, June 18, 2020)]
[Rules and Regulations]
[Pages 36802-36803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12069]
[[Page 36802]]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200529-0151]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS announces 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. The intent of this action is to achieve, but not exceed, the 2020
summer flounder recreational harvest limit and thereby prevent
overfishing on the summer flounder stock.
DATES: This rule is effective June 18, 2020.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116.
SUPPLEMENTARY INFORMATION: The Mid-Atlantic Fishery Management Council
(Council) and the Atlantic States Marine Fisheries Commission
(Commission) jointly manage summer flounder. The Council and
Commission's Summer Flounder Management Board meet jointly each year to
recommend recreational management measures for summer flounder.
In this final rule, NMFS is implementing conservation equivalency
to manage the 2020 summer flounder recreational fishery, as proposed on
April 6, 2020 (85 FR 19126). The approval of conservation equivalency
means that we are waiving Federal summer flounder recreational measures
in Federal waters and to all federally permitted summer flounder party/
charter vessels, regardless of where they fish. States, through the
Commission, are collectively implementing measures designed to
constrain landings to the 2020 recreational harvest limit. Vessels
fishing in Federal waters, and Federal party/charter vessels are
subject to the regulations in the state they land. These measures are
consistent with the recommendations of the Council and the Commission.
Additional information on the development of these measures is provided
in the proposed rule and not repeated here.
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, fish size, and
fishing seasons) to achieve its state harvest limit established by the
Commission from the coastwide recreational harvest limit, as long as
the combined effect of all of the states' management measures achieves
the same level of conservation as Federal coastwide measures. Framework
Adjustment 6 (71 FR 42315; July 26, 2006) allows states to form regions
for conservation equivalency in order to minimize differences in
regulations for anglers fishing in adjacent waters.
Similar to the 2016-2019 program, the 2020 management program
adopted by the Commission divides the recreational fishery 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 (fish size, bag limit, and fishing season length),
and the combination of those measures must be sufficient to achieve,
but not exceed, the recreational harvest limit.
Based on the Commission's recommendation, we find that the 2020
recreational fishing measures required to be implemented in state
waters are, collectively, the conservation equivalent of the season,
fish size, and possession limit prescribed in 50 CFR 648.104(b),
648.105, and 648.106(a). According to Sec. 648.107(a)(1), vessels
subject to the recreational fishing measures are not subject to Federal
measures, and instead are subject to the recreational fishing measures
implemented by the state in which they land. Section 648.107(a) is
amended through this final rule to recognize state-implemented measures
as the conservation equivalent of the Federal coastwide recreational
management measures for 2020.
Given the anticipated lower recreational fishery participation this
spring, the Commission made additional revisions to state/regional 2020
recreational measures to afford additional fishing opportunity in late
summer and fall. Any changes considered would be required to maintain
projected harvest levels consistent with the state harvest limits.
In addition, this action reaffirms the default coastwide measures
(a 19-inch (48.3-cm) minimum size, four-fish possession limit, and May
15 through September 15 open fishing season), that becomes effective
January 1, 2021, upon the expiration of the 2020 conservation
equivalency program.
Regulatory Corrections
Additionally, this final rule makes a revision, consistent with
section 305(d) of the Magnson-Stevens Act, which provides authority to
the Secretary of Commerce to implement regulations that are necessary
to ensure they are consistent with the fishery management plan (FMP)
and 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 issuing
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
replaces ``minimum fish sizes'' with ``minimum and/or maximum fish
sizes.''
Changes From the Proposed Rule
There are no changes from the proposed rule.
Comments and Responses
NMFS received four comments on the proposed rule. Two comments were
related to state-specific measures outside the scope of this action,
offered concerns over commercial fishing limits, and relayed general
complaints over the management of summer flounder. One comment
supported the previously approved addition of ``maximum fish size'' to
the potential management measures that states may implement under
conservation equivalency. The final comment was not relevant to the
proposed rule. No changes to the final rule are made based on the
submitted comments.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
these management measures are necessary for the conservation and
management of the summer flounder fishery and are consistent with the
Magnuson-Stevens Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule is not an Executive Order 13771 regulatory action
because
[[Page 36803]]
this action is not significant under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness
period for this rule, to ensure that the final management measures are
in place as soon as possible.
The Federal coastwide regulatory measures for recreational summer
flounder fishing that were codified last year (84 FR 31743; July 3,
2019) remain in effect until the decision to waive Federal measures for
2020 is made effective by this final rule. Many states have already
implemented their conservationally equivalent 2020 measures; a delay in
implementing the measures of this rule will increase confusion on what
measures are in place in Federal waters. Inconsistencies between the
states' measures and the Federal measures could lead to potential
confusion and misunderstanding of the applicable regulations and could
increase the likelihood of noncompliant landings. Additionally, the
Federal measures currently in place are more restrictive than many of
the measures in state waters, which unnecessarily disadvantages
federally permitted vessels who are subject to these more restrictive
measures until this final rule is effective.
In response to this action, unlike actions that require an
adjustment period to comply with new rules, recreational and charter/
party operators will not have to purchase new equipment or otherwise
expend time or money to comply with these management measures. Rather,
complying with this final rule simply means adhering to the published
management measures for summer flounder while the recreational and
charter/party operators are engaged in fishing activities.
For these reasons, the Assistant Administrator finds good cause to
waive the 30-day delay of effectiveness period and to implement this
rule upon publication in the Federal Register.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. A final regulatory flexibility
analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 1, 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 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) introductory text 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, paragraph (a) introductory text 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 Flounder Board of the Atlantic States
Marine Fisheries Commission.
* * * * *
[FR Doc. 2020-12069 Filed 6-17-20; 8:45 am]
BILLING CODE 3510-22-P
