Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2023, 19046-19050 [2023-06568]

Download as PDF 19046 Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules which amended the requirements set forth in section 1614 of the NDAA for FY 2014. Section 870 of the NDAA for FY 2020 made three changes that require SBA to change some of the provisions set forth in its December 2016 final rule as follows: (1) A prime contractor may elect, in some instances, to receive credit toward its subcontracting plan for lower-tier subcontracts to small businesses; (2) Agencies are prohibited from setting tier-specific goals for prime contractors that use lower-tier credit; and (3) Subcontracting plans are required to recite the records that contractors will maintain to substantiate lower-tier credit. Because of the statutory changes made since the proposed rule was issued in 2019, the FAR Council believes further consideration of any amendments to the FAR related to credit for lower-tier subcontracting should be accomplished under a new FAR case. Accordingly, the proposed rule published on June 6, 2019, at 84 FR 30071 is withdrawn and FAR Case 2018–003 is closed. Section 1614 of the NDAA for FY 2014, as amended by section 870 of the NDAA for FY 2022, will be implemented via a new FAR case. List of Subjects in 48 CFR Parts 19, 42, and 52 Government procurement. William F. Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2023–06172 Filed 3–29–23; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 230320–0079] RIN 0648–BM09 lotter on DSK11XQN23PROD with PROPOSALS1 Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2023 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS proposes Federal management measures for the 2023 SUMMARY: VerDate Sep<11>2014 16:50 Mar 29, 2023 Jkt 259001 summer flounder, scup, and black sea bass recreational fisheries. The implementing regulations for these fisheries 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 set management measures that allow the recreational fisheries to achieve, but not exceed, the recreational harvest targets and thereby prevent overfishing of the summer flounder, scup, and black sea bass stocks. DATES: Comments must be received by April 14, 2023. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2023–0019 by the following method: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2023–0019 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. 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, or Emily.Keiley@ noaa.gov. SUPPLEMENTARY INFORMATION: Background The Mid-Atlantic Fishery Management Council and the Atlantic States Marine Fisheries Commission cooperatively manage summer flounder, scup, and black sea bass. The Council and the Commission’s Management Boards meet jointly each year to recommend recreational management measures. For summer flounder and black sea bass, we must implement coastwide measures or approve conservation-equivalent measures per 50 CFR 648.102(d) and 648.142(d), as soon as possible following the Council and Commission’s recommendation. This action proposes establishing conservation equivalency for both PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 species in 2023. For scup, we are proposing adjustments to the Federal recreational season and possession limit. Recreational Management Measures Process This is the first time a new approach for developing recreational summer flounder, scup, and black sea bass recreational management measures will be used. The new process, part of Framework Adjustment 17 to the Summer Flounder and Black Sea Bass Fishery Management Plan (FMP) and Framework Adjustment 6 to the Bluefish Fishery Management Plan (March 9, 2023, 88 FR 14499), referred to as the Percent Change Approach, which is a harvest control rule designed by the Council and Commission for use in managing Mid-Atlantic recreational fisheries, uses two factors to determine if management measures could remain status quo, could be liberalized, or must be restricted. These two factors are: (1) A comparison of a confidence interval (CI) around an estimate of expected harvest under status quo measures to the average recreational harvest limit (RHL) for the upcoming 2 years and; (2) biomass compared to the target level, as defined by the most recent stock assessment. These two factors also determine the appropriate degree of change, defined as a percentage change in expected harvest. Changes to recreational management measures to achieve the required percent change are evaluated by the Monitoring Committee consisting of representatives from the Commission, the Council, state marine fishery agencies from Massachusetts to North Carolina, and NMFS. The FMP limits the choices for the types of measures to: Minimum and/or maximum fish size; per angler possession limit; and fishing season. A description of the application of this process for each species is provided below. 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 targets specified for summer flounder, scup, and black sea bass 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. E:\FR\FM\30MRP1.SGM 30MRP1 19047 Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules Scup Recreational Management Measures Application of the Percent Change Approach and the bio-economic model used to evaluate recreational behavior and catch resulted in a recommended 10-percent reduction in scup harvest in 2023. This is because scup has a very high biomass (more than 150 percent of the target level), and harvest under status quo measures is expected to be above the 2023 RHL. TABLE 1—ESTIMATED 2023 SCUP HARVEST, ASSOCIATED CONFIDENCE INTERVAL (CI), 2023 RHL, STOCK SIZE CATEGORY, AND RESULTING PERCENT CHANGE RECOMMENDED FOR 2023 Estimated harvest under status quo measure 80-Percent confidence interval 2023 RHL Stock size category 14.31 million lb (6,490 mt) ..... 9.90–17.40 million lb (4,490–7,892 mt) ................ 9.27 million lb (4,204 mt) ...... Very High .......... The current Federal recreational scup management measures are a 10-inch (25.4-cm) minimum fish size, a 50-fish per person possession limit, and a yearround open season. State measures are similar but vary slightly due to differences in scup availability. The proposed Federal recreational scup management measures are a 40-fish per person possession limit, and an open season from May 1–December 31. No changes to the minimum size are being proposed. The proposed Federal measures, in conjunction with changes to state waters measures are projected to achieve the needed 10-percent harvest reduction. lotter on DSK11XQN23PROD with PROPOSALS1 Summer Flounder and Black Sea Bass Conservation Equivalency Under conservation equivalency, Federal recreational measures are waived and federally permitted party/ charter vessels and all recreational vessels fishing in Federal waters are subject to the recreational fishing measures implemented by the state in which they land. This approach allows for more customized measures at a state or regional level that are likely to meet the needs of anglers in each area, compared to coastwide measures that may be advantageous to anglers in some areas and unnecessarily restrictive in others. The combination of state or regional measures must be ‘‘equivalent’’ in terms of conservation to a set of ‘‘non-preferred coastwide measures,’’ which are recommended by the Council and the Board each year. The Council and Board annually recommend that either state- or regionspecific recreational measures be developed (conservation equivalency) or that coastwide management measures be implemented. 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 VerDate Sep<11>2014 16:50 Mar 29, 2023 Jkt 259001 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) that 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 and black sea bass charter/party permit holders and individuals fishing for summer flounder and black sea bass in the exclusive economic zone (EEZ) are subject to the recreational fishing measures implemented by the state in which they land, rather than the coastwide measures. Conservation equivalency 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 management proposal to the Commission’s Technical Committee or that submits measures that are not conservationally equivalent to the coastwide measures. The development of conservationequivalency measures happens both at the Commission and at 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. PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 Recommended percent change 10-Percent Reduction. Once the states and regions select their final 2023 summer flounder and black sea bass 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. The final combination of state and regional measures will be detailed in a letter from the Commission to the Regional Office certifying that the combination of state and regional measures have met the conservation objectives under Addendum XXXII to the Commission’s Interstate FMP. NMFS will publish its determination on 2023 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. Summer Flounder Recreational Management Measures This action proposes adopting conservation equivalency for summer flounder in 2023. For 2023, the nonpreferred coastwide measures approved by the Council and Board are an 18-inch (45.72-cm) minimum fish size; 3-fish per person possession limit; and an open season from May 15–September 22. Compared to 2022, this is a decrease in the non-preferred minimum size from 18.5-inches to 18-inches (45.72-cm to 48.26-cm) total length; a 1-fish reduction of the possession limit; and an increase in the season length. The coastwide measures become the default management measures in the E:\FR\FM\30MRP1.SGM 30MRP1 19048 Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules subsequent fishing year, in this case 2024, until the joint process establishes either coastwide or conservationequivalency measures for the next year. The 2023 precautionary default measures recommended by the Council and Board are identical to those in place for 2021 and 2022: A 20.0-inch (50.8cm) minimum fish size; a 2-fish per person possession limit; and an open season of July 1–August 31. These measures may be assigned by the Commission if conservation equivalency is approved but a state or region does not submit a conservationally equivalent proposal. Application of the Percent Change Approach and the bio-economic model used to evaluate recreational behavior and summer flounder catch, generated conflicting results depending on the initial assumptions used in the model configuration, specifically with regard to the years selected for Marine Recreational Information Program (MRIP) data used to project the amount of catch per trip.When the most recent complete year of MRIP data (2021) was used, the model estimated harvest under status quo measures was 8.38 million lb (3,801 mt), below the 2023 RHL. When an average of 2018–2022 MRIP data was used to determine the catch per trip, the model estimated harvest was 10.92 million lb (4,953 mt), slightly above the 2023 RHL. While these estimates are not significantly different, because of the way the Percent Change Approach uses the estimates and confidence intervals, the recommended management action was different. The model run using only 2021 data resulted in a recommended 10-percent liberalization, and the model run using the 2018–2022 average resulted in a recommended 10-percent reduction in summer flounder harvest. Given the conflicting results, and uncertainty about which model run was more likely to reflect 2023 harvest, the Council and Board made some adjustments to the coastwide measures, but ultimately decided to maintain status quo measures at the state, and regional levels. We are proposing the Council and Board recommendation because it appears to be a legally suffcient solution given the conflicting results. This summer, additional work will be undertaken to evaluate the best configuration of the model for each species, which will reduce the likelihood of this scenario in the future. TABLE 2—ESTIMATED 2023 SUMMER FLOUNDER HARVEST, ASSOCIATED CONFIDENCE INTERVAL (CI), 2023 RHL, STOCK SIZE CATEGORY, AND RESULTING PERCENT CHANGE RECOMMENDED FOR 2023 Estimated harvest under status quo measure * 80-Percent confidence interval 2023 RHL Stock size category 8.38 million lb (3,801 mt) ....... 10.92 million lb (4,953 mt) ..... 7.56–9.52 million lb (3,429–4,318 mt) .................. 9.23–12.94 million lb (4,186–5,869 mt) ................ 10.62 million lb (4,817 mt) .... Low .................... Low .................... Recommended percent change 10-Percent Liberalization. 10-Percent Reduction. * The same model was used to generate both of the above harvest extimates. The different estimates are produced when different assumptions are made about the input data. Black Sea Bass Recreational Management Measures This action proposes adopting conservation equivalency for black sea bass in 2023. The Council and Board recommended the following coastwide measures: A 15-inch (12.7-cm) minimum size; a 5-fish possession limit; and an open season of May 15– September 8. Compared to 2022, this is a 1-inch (2.54-cm) increase to the minimum size and a 1-month reduction to the season length. The recommended precautionary default measures are a 16inch (40.64-cm) minimum size; a 2-fish possession limit; and an open season of June 1–August 31. Application of the Percent Change Approach and the bio-economic model used to evaluate recreational behavior and catch resulted in a recommended 10-percent reduction in black sea bass harvest in 2023. This is because black sea bass has a very high biomass (more than 150 percent of the target level), and harvest under status quo measures is expected to be above the 2023 RHL. Measures to be implemented by the states and/or regions are expected to achieve the 10-percent harvest reduction. TABLE 3—ESTIMATED 2023 BLACK SEA BASS HARVEST, ASSOCIATED CONFIDENCE INTERVAL (CI), 2023 RHL, STOCK SIZE CATEGORY, AND RESULTING PERCENT CHANGE RECOMMENDED FOR 2023 Estimated harvest under status quo measure 80-Percent confidence interval 2023 RHL Stock size category 7.93 million lb (3,597 mt) ....... 7.17–8.63 million lb (3,252–3,915 mt) .................. 6.74 million lb (3,057 mt) ...... Very High .......... lotter on DSK11XQN23PROD with PROPOSALS1 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. NMFS finds that a 15-day comment period for this action provides a reasonable opportunity for public VerDate Sep<11>2014 16:50 Mar 29, 2023 Jkt 259001 participation in this action pursuant to Administrative Procedure Act section 553(c) (5 U.S.C. 553(c)), while also ensuring that the final recreational management measures are in place before the majority of recreational state fisheries open. Stakeholder and industry groups have been involved with the development of this action and have participated in public meetings throughout the past year. A prolonged comment period and subsequent potential delay in implementation past the start of the recreational fishing season would be contrary to the public interest, as it could create confusion PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Recommended percent change 10-Percent Reduction. both in the recreational fisheries regarding the management measures, and with state agencies as they prepare and finalize their recreational management measures. 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. E:\FR\FM\30MRP1.SGM 30MRP1 lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules Entities affected by this action include recreational for-hire operations holding Federal summer flounder, scup, or black sea bass party/charter permits. Individual anglers and for-hire vessels that are only permitted to operate in state waters are not considered ‘‘small entities’’ under the Regulatory Flexibility Act (RFA) and thus economic impacts on private recreational anglers are not discussed here. Vessel ownership data 1 were used to identify all individuals who own fishing vessels. Vessels were then grouped according to common owners. The resulting groupings were then treated as entities, or affiliates, for purposes of identifying small and large businesses that may be regulated by this action. A business primarily engaged in fishing is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates) and has combined annual receipts not in excess of $11 million, for all its affiliated operations worldwide. A total of 655 affiliates had a Federal party/charter permit for summer flounder, scup, and or black sea bass during 2019–2021. All of these 655 affiliates were categorized as small businesses based on their average 2019– 2021 revenues. Of these, 302 affiliates reported that the majority of their revenues in 2021 came from for-hire fishing. It is not possible to determine what proportion of their revenues came from fishing for an individual species. Nevertheless, given the popularity of summer flounder, scup, and black sea bass as recreational species, revenues generated from these species are likely important for many of these affiliates at certain times of the year. Data on for-hire revenues associated with individual species are not available. The Northeast Fisheries Science Center (NEFSC) affiliate database suggests that the three year (2019–2021) average annual combined gross receipts for-hire fishing activity for all species combined for all affiliates that held Federal party/charter permits for summer flounder, scup, and/or black sea bass was $46.95 million. Affiliates represent groupings of vessels with common owners. The contribution of summer flounder, scup, and black sea bass to these revenues is unknown. Summer flounder, scup, and black sea bass are popular recreational species in the mid-Atlantic and southern New England, and revenues generated from these species are likely important for 1 Affiliate data for 2019–2021 were provided by the NMFS NEFSC Social Science Branch. This is the latest affiliate data set available for analysis. VerDate Sep<11>2014 16:50 Mar 29, 2023 Jkt 259001 many of these affiliates at certain times of the year. However, it is unlikely that they accounted for most of the $49.65 million in for-hire revenues for the potentially impacted for-hire affiliates. The entities affected by this action include recreational for-hire operations holding Federal summer flounder, scup, or black sea bass party/charter permits. For-hire revenues are impacted by a variety of factors, including regulations and demand for for-hire trips for summer flounder, scup, black sea bass, and other potential target species; weather; the economy; and other factors. In addition, under similar regulations, recreational harvest of these species is variable. Therefore, it is not possible to accurately quantify the economic impact of the status quo summer flounder regulations or the black sea bass or scup restrictions on for-hire revenues. However, it would generally be expected that for-hire revenues may be similar in 2023 in response to the summer flounder regulations remaining status quo, and slightly decrease in response to the black sea bass and scup reductions, assuming all other factors that impact revenues are unchanged. Because this rule will not have a significant economic impact on a substantial number of small entities, an initial regulatory flexibility analysis is not required and none has been prepared. This proposed rule contains no information collection requirements under the Paperwork Reduction Act of 1995. 19049 is 18-inches (45.72-cm) total length for all vessels that do not qualify for a summer flounder moratorium permit under § 648.4(a)(3), and charter boats holding a summer flounder moratorium permit if fishing with more than three crew members, or party boats holding a summer flounder moratorium permit if fishing with passengers for hire or carrying more than five crew members, unless otherwise specified in the conservation equivalency regulations at § 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 stateonly permitted vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow the provisions at § 648.111 and abide by state regulations. * * * * * ■ 3. In § 648.105, revise text to read as follows: § 648.105 Summer flounder recreational fishing season. For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows: No person may fish for summer flounder in the EEZ from May 15 through September 22 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 § 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 § 648.102. Possession of summer flounder harvested from state waters during this time is allowed for stateonly permitted vessels when transiting Federal waters within the Block Island Sound Transit Area provided they follow the provisions at § 648.111 and abide by state regulations. ■ 4. In § 648.106, revise paragraph (a) to read as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES § 648.106 Summer flounder possession restrictions. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: March 24, 2023. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 648.104, revise paragraph (b) to read as follows: ■ § 648.104 Summer flounder size requirements. * * * * * (b) Party/charter permitted vessels and recreational fishery participants. The minimum size for summer flounder PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 (a) Party/charter and recreational possession limits. No person shall possess more than three 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 § 648.107. Persons aboard a commercial vessel that is not eligible for a summer flounder moratorium permit E:\FR\FM\30MRP1.SGM 30MRP1 19050 Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Proposed Rules 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 § 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 § 648.111 and abide by state regulations. * * * * * ■ 5. In § 648.107, revise paragraph (a) introductory text 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 2023 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. * * * * * ■ 6. Revise § 648.127 to read as follows: § 648.127 season. Scup recreational fishing Fishermen and vessels that are not eligible for a scup moratorium permit under § 648.4(a)(6), may possess scup from May 1 through December 31, subject to the possession limit specified in § 648.128(a). The recreational fishing season may be adjusted pursuant to the procedures in § 648.122. Should the recreational fishing season be modified, non-federally permitted scup 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 § 648.131. ■ 7. In § 648.128, revise paragraph (a) to read as follows: lotter on DSK11XQN23PROD with PROPOSALS1 § 648.128 Scup possession restrictions. (a) Party/Charter and recreational possession limits. No person shall possess more than 40 scup in, or harvested from, the EEZ per trip unless that person is the owner or operator of a fishing vessel issued a scup moratorium permit, or is issued a scup VerDate Sep<11>2014 16:50 Mar 29, 2023 Jkt 259001 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 § 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 § 648.131 and abide by state regulations. * * * * * ■ 8. Revise § 648.146 as follows: § 648.146 Black sea bass recreational fishing season. Vessels that are not eligible for a black sea bass moratorium permit under § 648.4(a)(7), and fishermen subject to the possession limit specified in § 648.145(a), may only possess black sea bass from May 15 through September 8, unless otherwise specified in the conservation equivalent measures described in § 648.151 or unless this time period is adjusted pursuant to the procedures in § 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 § 648.151 and abide by state regulations. ■ 9. In § 648.147, revise paragraph (b) to read as follows: § 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 15 inches (38.1 cm) total length for all vessels that do not qualify for a black sea bass moratorium permit, and for party boats holding a black sea bass moratorium permit, if fishing with passengers for hire or carrying more than five crew members, and for charter boats holding a black sea bass moratorium permit, if fishing with more than three crew members, unless otherwise specified in the conservation equivalent measures as described in § 648.151. However, possession of PO 00000 Frm 00032 Fmt 4702 Sfmt 9990 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 § 648.151 and abide by state regulations. ■ 10. Revise § 648.151 to read as follows: § 648.151 Black sea bass conservation equivalency. (a) The Regional Administrator has determined that the recreational fishing measures proposed to be implemented by the states of Maine through North Carolina for 2023 are the conservation equivalent of the season, size limits, and possession limit prescribed in §§ 648.146, 648.147(b), and 648.145(a). This determination is based on a recommendation from the Black Sea Bass Board of the Atlantic States Marine Fisheries Commission. (1) Federally permitted vessels subject to the recreational fishing measures of this part, and other recreational fishing vessels harvesting black sea bass in or from the EEZ and subject to the recreational fishing measures of this part, landing black sea bass in a state whose fishery management measures are determined by the Regional Administrator to be conservation equivalent shall not be subject to the more restrictive Federal measures, pursuant to the provisions of § 648.4(b). Those vessels shall be subject to the recreational fishing measures implemented by the state in which they land. (2) [Reserved] (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 §§ 648.146, 648.147(b), and 648.145(a), respectively, due to the lack of, or the reversal of, a conservation-equivalent recommendation from the Black Sea Bass Board of the Atlantic States Marine Fisheries Commission shall be subject to the following precautionary default measures: Season—June 1 through August 31; minimum size—16 inches (40.64 cm); and possession limit—2 fish. [FR Doc. 2023–06568 Filed 3–29–23; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\30MRP1.SGM 30MRP1

Agencies

[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Proposed Rules]
[Pages 19046-19050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06568]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230320-0079]
RIN 0648-BM09


Fisheries of the Northeastern United States; Recreational 
Management Measures for the Summer Flounder, Scup, and Black Sea Bass 
Fisheries; Fishing Year 2023

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 Federal management measures for the 2023 summer 
flounder, scup, and black sea bass recreational fisheries. The 
implementing regulations for these fisheries 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 set 
management measures that allow the recreational fisheries to achieve, 
but not exceed, the recreational harvest targets and thereby prevent 
overfishing of the summer flounder, scup, and black sea bass stocks.

DATES: Comments must be received by April 14, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2023-0019 by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0019 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    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, or [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Mid-Atlantic Fishery Management Council and the Atlantic States 
Marine Fisheries Commission cooperatively manage summer flounder, scup, 
and black sea bass. The Council and the Commission's Management Boards 
meet jointly each year to recommend recreational management measures. 
For summer flounder and black sea bass, we must implement coastwide 
measures or approve conservation-equivalent measures per 50 CFR 
648.102(d) and 648.142(d), as soon as possible following the Council 
and Commission's recommendation. This action proposes establishing 
conservation equivalency for both species in 2023. For scup, we are 
proposing adjustments to the Federal recreational season and possession 
limit.

Recreational Management Measures Process

    This is the first time a new approach for developing recreational 
summer flounder, scup, and black sea bass recreational management 
measures will be used. The new process, part of Framework Adjustment 17 
to the Summer Flounder and Black Sea Bass Fishery Management Plan (FMP) 
and Framework Adjustment 6 to the Bluefish Fishery Management Plan 
(March 9, 2023, 88 FR 14499), referred to as the Percent Change 
Approach, which is a harvest control rule designed by the Council and 
Commission for use in managing Mid-Atlantic recreational fisheries, 
uses two factors to determine if management measures could remain 
status quo, could be liberalized, or must be restricted. These two 
factors are: (1) A comparison of a confidence interval (CI) around an 
estimate of expected harvest under status quo measures to the average 
recreational harvest limit (RHL) for the upcoming 2 years and; (2) 
biomass compared to the target level, as defined by the most recent 
stock assessment. These two factors also determine the appropriate 
degree of change, defined as a percentage change in expected harvest. 
Changes to recreational management measures to achieve the required 
percent change are evaluated by the Monitoring Committee consisting of 
representatives from the Commission, the Council, state marine fishery 
agencies from Massachusetts to North Carolina, and NMFS. The FMP limits 
the choices for the types of measures to: Minimum and/or maximum fish 
size; per angler possession limit; and fishing season. A description of 
the application of this process for each species is provided below.
    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 targets specified for summer flounder, scup, 
and black sea bass 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 19047]]

Scup Recreational Management Measures

    Application of the Percent Change Approach and the bio-economic 
model used to evaluate recreational behavior and catch resulted in a 
recommended 10-percent reduction in scup harvest in 2023. This is 
because scup has a very high biomass (more than 150 percent of the 
target level), and harvest under status quo measures is expected to be 
above the 2023 RHL.

  Table 1--Estimated 2023 Scup Harvest, Associated Confidence Interval (CI), 2023 RHL, Stock Size Category, and
                                  Resulting Percent Change Recommended for 2023
----------------------------------------------------------------------------------------------------------------
                                     80-Percent
Estimated harvest under  status      confidence           2023 RHL        Stock size category     Recommended
          quo measure                 interval                                                   percent change
----------------------------------------------------------------------------------------------------------------
14.31 million lb (6,490 mt)....  9.90-17.40 million  9.27 million lb     Very High...........  10-Percent
                                  lb (4,490-7,892     (4,204 mt).                               Reduction.
                                  mt).
----------------------------------------------------------------------------------------------------------------

    The current Federal recreational scup management measures are a 10-
inch (25.4-cm) minimum fish size, a 50-fish per person possession 
limit, and a year-round open season. State measures are similar but 
vary slightly due to differences in scup availability. The proposed 
Federal recreational scup management measures are a 40-fish per person 
possession limit, and an open season from May 1-December 31. No changes 
to the minimum size are being proposed. The proposed Federal measures, 
in conjunction with changes to state waters measures are projected to 
achieve the needed 10-percent harvest reduction.

Summer Flounder and Black Sea Bass Conservation Equivalency

    Under conservation equivalency, Federal recreational measures are 
waived and federally permitted party/charter vessels and all 
recreational vessels fishing in Federal waters are subject to the 
recreational fishing measures implemented by the state in which they 
land. This approach allows for more customized measures at a state or 
regional level that are likely to meet the needs of anglers in each 
area, compared to coastwide measures that may be advantageous to 
anglers in some areas and unnecessarily restrictive in others. The 
combination of state or regional measures must be ``equivalent'' in 
terms of conservation to a set of ``non-preferred coastwide measures,'' 
which are recommended by the Council and the Board each year.
    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. 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) that 
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 and black sea bass 
charter/party permit holders and individuals fishing for summer 
flounder and black sea bass in the exclusive economic zone (EEZ) are 
subject to the recreational fishing measures implemented by the state 
in which they land, rather than the coastwide measures. Conservation 
equivalency 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 management proposal to the 
Commission's Technical Committee or that submits measures that are not 
conservationally equivalent to the coastwide measures.
    The development of conservation-equivalency measures happens both 
at the Commission and at 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 2023 summer flounder 
and black sea bass 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. The final combination of state 
and regional measures will be detailed in a letter from the Commission 
to the Regional Office certifying that the combination of state and 
regional measures have met the conservation objectives under Addendum 
XXXII to the Commission's Interstate FMP. NMFS will publish its 
determination on 2023 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.

Summer Flounder Recreational Management Measures

    This action proposes adopting conservation equivalency for summer 
flounder in 2023. For 2023, the non-preferred coastwide measures 
approved by the Council and Board are an 18-inch (45.72-cm) minimum 
fish size; 3-fish per person possession limit; and an open season from 
May 15-September 22. Compared to 2022, this is a decrease in the non-
preferred minimum size from 18.5-inches to 18-inches (45.72-cm to 
48.26-cm) total length; a 1-fish reduction of the possession limit; and 
an increase in the season length. The coastwide measures become the 
default management measures in the

[[Page 19048]]

subsequent fishing year, in this case 2024, until the joint process 
establishes either coastwide or conservation-equivalency measures for 
the next year.
    The 2023 precautionary default measures recommended by the Council 
and Board are identical to those in place for 2021 and 2022: A 20.0-
inch (50.8-cm) minimum fish size; a 2-fish per person possession limit; 
and an open season of July 1-August 31. These measures may be assigned 
by the Commission if conservation equivalency is approved but a state 
or region does not submit a conservationally equivalent proposal.
    Application of the Percent Change Approach and the bio-economic 
model used to evaluate recreational behavior and summer flounder catch, 
generated conflicting results depending on the initial assumptions used 
in the model configuration, specifically with regard to the years 
selected for Marine Recreational Information Program (MRIP) data used 
to project the amount of catch per trip.When the most recent complete 
year of MRIP data (2021) was used, the model estimated harvest under 
status quo measures was 8.38 million lb (3,801 mt), below the 2023 RHL. 
When an average of 2018-2022 MRIP data was used to determine the catch 
per trip, the model estimated harvest was 10.92 million lb (4,953 mt), 
slightly above the 2023 RHL. While these estimates are not 
significantly different, because of the way the Percent Change Approach 
uses the estimates and confidence intervals, the recommended management 
action was different. The model run using only 2021 data resulted in a 
recommended 10-percent liberalization, and the model run using the 
2018-2022 average resulted in a recommended 10-percent reduction in 
summer flounder harvest. Given the conflicting results, and uncertainty 
about which model run was more likely to reflect 2023 harvest, the 
Council and Board made some adjustments to the coastwide measures, but 
ultimately decided to maintain status quo measures at the state, and 
regional levels. We are proposing the Council and Board recommendation 
because it appears to be a legally suffcient solution given the 
conflicting results. This summer, additional work will be undertaken to 
evaluate the best configuration of the model for each species, which 
will reduce the likelihood of this scenario in the future.

   Table 2--Estimated 2023 Summer Flounder Harvest, Associated Confidence Interval (CI), 2023 RHL, Stock Size
                           Category, and Resulting Percent Change Recommended for 2023
----------------------------------------------------------------------------------------------------------------
                                     80-Percent
Estimated harvest under  status      confidence           2023 RHL        Stock size category     Recommended
         quo measure *                interval                                                   percent change
----------------------------------------------------------------------------------------------------------------
8.38 million lb (3,801 mt).....  7.56-9.52 million   10.62 million lb    Low.................  10-Percent
                                  lb (3,429-4,318     (4,817 mt).                               Liberalization.
                                  mt).
10.92 million lb (4,953 mt)....  9.23-12.94 million                      Low.................  10-Percent
                                  lb (4,186-5,869                                               Reduction.
                                  mt).
----------------------------------------------------------------------------------------------------------------
* The same model was used to generate both of the above harvest extimates. The different estimates are produced
  when different assumptions are made about the input data.

Black Sea Bass Recreational Management Measures

    This action proposes adopting conservation equivalency for black 
sea bass in 2023. The Council and Board recommended the following 
coastwide measures: A 15-inch (12.7-cm) minimum size; a 5-fish 
possession limit; and an open season of May 15-September 8. Compared to 
2022, this is a 1-inch (2.54-cm) increase to the minimum size and a 1-
month reduction to the season length. The recommended precautionary 
default measures are a 16-inch (40.64-cm) minimum size; a 2-fish 
possession limit; and an open season of June 1-August 31.
    Application of the Percent Change Approach and the bio-economic 
model used to evaluate recreational behavior and catch resulted in a 
recommended 10-percent reduction in black sea bass harvest in 2023. 
This is because black sea bass has a very high biomass (more than 150 
percent of the target level), and harvest under status quo measures is 
expected to be above the 2023 RHL. Measures to be implemented by the 
states and/or regions are expected to achieve the 10-percent harvest 
reduction.

    Table 3--Estimated 2023 Black Sea Bass Harvest, Associated Confidence Interval (CI), 2023 RHL, Stock Size
                           Category, and Resulting Percent Change Recommended for 2023
----------------------------------------------------------------------------------------------------------------
                                     80-Percent
 Estimated harvest under status      confidence           2023 RHL        Stock size category     Recommended
          quo measure                 interval                                                   percent change
----------------------------------------------------------------------------------------------------------------
7.93 million lb (3,597 mt).....  7.17-8.63 million   6.74 million lb     Very High...........  10-Percent
                                  lb (3,252-3,915     (3,057 mt).                               Reduction.
                                  mt).
----------------------------------------------------------------------------------------------------------------

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.
    NMFS finds that a 15-day comment period for this action provides a 
reasonable opportunity for public participation in this action pursuant 
to Administrative Procedure Act section 553(c) (5 U.S.C. 553(c)), while 
also ensuring that the final recreational management measures are in 
place before the majority of recreational state fisheries open. 
Stakeholder and industry groups have been involved with the development 
of this action and have participated in public meetings throughout the 
past year. A prolonged comment period and subsequent potential delay in 
implementation past the start of the recreational fishing season would 
be contrary to the public interest, as it could create confusion both 
in the recreational fisheries regarding the management measures, and 
with state agencies as they prepare and finalize their recreational 
management measures.
    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.

[[Page 19049]]

    Entities affected by this action include recreational for-hire 
operations holding Federal summer flounder, scup, or black sea bass 
party/charter permits. Individual anglers and for-hire vessels that are 
only permitted to operate in state waters are not considered ``small 
entities'' under the Regulatory Flexibility Act (RFA) and thus economic 
impacts on private recreational anglers are not discussed here.
    Vessel ownership data \1\ were used to identify all individuals who 
own fishing vessels. Vessels were then grouped according to common 
owners. The resulting groupings were then treated as entities, or 
affiliates, for purposes of identifying small and large businesses that 
may be regulated by this action. A business primarily engaged in 
fishing is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates) and has combined annual receipts not in excess of $11 
million, for all its affiliated operations worldwide.
---------------------------------------------------------------------------

    \1\ Affiliate data for 2019-2021 were provided by the NMFS NEFSC 
Social Science Branch. This is the latest affiliate data set 
available for analysis.
---------------------------------------------------------------------------

    A total of 655 affiliates had a Federal party/charter permit for 
summer flounder, scup, and or black sea bass during 2019-2021. All of 
these 655 affiliates were categorized as small businesses based on 
their average 2019-2021 revenues. Of these, 302 affiliates reported 
that the majority of their revenues in 2021 came from for-hire fishing. 
It is not possible to determine what proportion of their revenues came 
from fishing for an individual species. Nevertheless, given the 
popularity of summer flounder, scup, and black sea bass as recreational 
species, revenues generated from these species are likely important for 
many of these affiliates at certain times of the year.
    Data on for-hire revenues associated with individual species are 
not available. The Northeast Fisheries Science Center (NEFSC) affiliate 
database suggests that the three year (2019-2021) average annual 
combined gross receipts for-hire fishing activity for all species 
combined for all affiliates that held Federal party/charter permits for 
summer flounder, scup, and/or black sea bass was $46.95 million. 
Affiliates represent groupings of vessels with common owners. The 
contribution of summer flounder, scup, and black sea bass to these 
revenues is unknown.
    Summer flounder, scup, and black sea bass are popular recreational 
species in the mid-Atlantic and southern New England, and revenues 
generated from these species are likely important for many of these 
affiliates at certain times of the year. However, it is unlikely that 
they accounted for most of the $49.65 million in for-hire revenues for 
the potentially impacted for-hire affiliates.
    The entities affected by this action include recreational for-hire 
operations holding Federal summer flounder, scup, or black sea bass 
party/charter permits. For-hire revenues are impacted by a variety of 
factors, including regulations and demand for for-hire trips for summer 
flounder, scup, black sea bass, and other potential target species; 
weather; the economy; and other factors. In addition, under similar 
regulations, recreational harvest of these species is variable. 
Therefore, it is not possible to accurately quantify the economic 
impact of the status quo summer flounder regulations or the black sea 
bass or scup restrictions on for-hire revenues. However, it would 
generally be expected that for-hire revenues may be similar in 2023 in 
response to the summer flounder regulations remaining status quo, and 
slightly decrease in response to the black sea bass and scup 
reductions, assuming all other factors that impact revenues are 
unchanged.
    Because this rule will not have a significant economic impact on a 
substantial number of small entities, an initial regulatory flexibility 
analysis is not required and none has been prepared.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 24, 2023.
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.  648.104, revise paragraph (b) 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 18-inches (45.72-
cm) total length for all vessels that do not qualify for a summer 
flounder moratorium permit under Sec.  648.4(a)(3), and charter boats 
holding a summer flounder moratorium permit if fishing with more than 
three crew members, or party boats holding a summer flounder 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.
* * * * *
0
3. In Sec.  648.105, revise text 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 22 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
4. 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 three 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

[[Page 19050]]

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
5. In Sec.  648.107, revise paragraph (a) introductory text 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 2023 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.
* * * * *
0
6. Revise Sec.  648.127 to read as follows:


Sec.  648.127  Scup recreational fishing season.

    Fishermen and vessels that are not eligible for a scup moratorium 
permit under Sec.  648.4(a)(6), may possess scup from May 1 through 
December 31, 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 scup 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
7. 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 40 scup in, or harvested from, the EEZ per trip 
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
8. Revise Sec.  648.146 as follows:


Sec.  648.146  Black sea bass recreational fishing season.

    Vessels that are not eligible for a black sea bass 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 May 15 through September 8, unless otherwise specified in the 
conservation equivalent measures described in Sec.  648.151 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
9. In Sec.  648.147, revise paragraph (b) 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 15 inches 
(38.1 cm) total length for all vessels that do not qualify for a black 
sea bass moratorium permit, and for party boats holding a black sea 
bass moratorium permit, if fishing with passengers for hire or carrying 
more than five crew members, and for charter boats holding a black sea 
bass moratorium permit, if fishing with more than three crew members, 
unless otherwise specified in the conservation equivalent measures as 
described in Sec.  648.151. 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.
0
10. Revise Sec.  648.151 to read as follows:


Sec.  648.151  Black sea bass conservation equivalency.

    (a) The Regional Administrator has determined that the recreational 
fishing measures proposed to be implemented by the states of Maine 
through North Carolina for 2023 are the conservation equivalent of the 
season, size limits, and possession limit prescribed in Sec. Sec.  
648.146, 648.147(b), and 648.145(a). This determination is based on a 
recommendation from the Black Sea Bass Board of the Atlantic States 
Marine Fisheries Commission.
    (1) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels 
harvesting black sea bass in or from the EEZ and subject to the 
recreational fishing measures of this part, landing black sea bass in a 
state whose fishery management measures are determined by the Regional 
Administrator to be conservation equivalent shall not be subject to the 
more restrictive Federal measures, pursuant to the provisions of Sec.  
648.4(b). Those vessels shall be subject to the recreational fishing 
measures implemented by the state in which they land.
    (2) [Reserved]
    (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.  
648.146, 648.147(b), and 648.145(a), respectively, due to the lack of, 
or the reversal of, a conservation-equivalent recommendation from the 
Black Sea Bass Board of the Atlantic States Marine Fisheries Commission 
shall be subject to the following precautionary default measures: 
Season--June 1 through August 31; minimum size--16 inches (40.64 cm); 
and possession limit--2 fish.

[FR Doc. 2023-06568 Filed 3-29-23; 8:45 am]
BILLING CODE 3510-22-P

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