[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Rules and Regulations]
[Pages 65699-65705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25619]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 191120-0085]
RIN 0648-BI93
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Framework Adjustment 14
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing changes to aspects of the commercial and
recreational summer flounder, scup, and black sea bass management
program, as recommended by the Mid-Atlantic Fishery Management Council.
This action incorporates new management measures for the commercial and
recreational fisheries for these species. The intent of this action is
to allow for more management flexibility.
DATES: Effective December 30, 2019.
ADDRESSES: Copies of this framework adjustment, including the
Environmental Assessment (EA) are available on request from Dr.
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 North State Street, Dover, DE 19901.
These documents are also accessible via the internet at http://www.mafmc.org/s/SFSBSB_Framework14_EA.pdf.
FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst,
(978) 281-9244.
SUPPLEMENTARY INFORMATION:
General Background
The summer flounder, scup, and black sea bass fisheries are managed
cooperatively under the provisions of the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine
Fisheries Commission, in consultation with the New England and South
Atlantic Fishery Management Councils. The management units specified in
the FMP include summer flounder (Paralichthys dentatus) in U.S. waters
of the Atlantic Ocean from the southern border of North Carolina
northward to the U.S./Canada border, and scup (Stenotomus chrysops) and
black sea bass (Centropristis striata) in U.S. waters of the Atlantic
Ocean from 35[deg] 13.3' N. lat. (the approximate latitude of Cape
Hatteras, North Carolina). States manage these three species within 3
nautical miles (4.83 km) of their coasts, under the Commission's
management plan for summer flounder, scup, and black sea bass. The
applicable species-specific Federal regulations govern vessels and
individual fishermen commercially and recreationally fishing in Federal
waters of the exclusive economic zone, as well as vessels possessing a
summer flounder, scup, or black sea bass Federal charter/party vessel
permit, regardless of where they fish. This rule implements management
measures intended to provide more flexibility in the commercial and
recreational fisheries for these species and includes the following
changes to the FMP:
Include conservation equivalency as an annual management
option for the black sea bass recreational fishery;
Create a Federal waters transit zone for non-federally
permitted vessels fishing in state waters around Block Island Sound;
and
Incorporate a maximum recreational size limit in the list
of potential specification measures for summer flounder and black sea
bass to enable consideration of slot limits as a management tool.
These measures, which are further explained below, are consistent
with the recommendations of the Council and the Commission's Summer
Flounder, Scup, and Black Sea Bass Management Board for this action.
Final Management Measures
Black Sea Bass Conservation Equivalency
Framework Adjustment 14 to the Summer Flounder, Scup, and Black Sea
Bass FMP establishes a process for conservation equivalency for future
use in the recreational black sea bass fishery based on the process
used for summer flounder. Under conservation equivalency, the Council
and Board will decide each year whether to use Federal coastwide
measures or state-by-state or regional conservation equivalency to
manage the recreational black sea bass
[[Page 65700]]
fishery. Conservation equivalency waives Federal measures so long as
the states implement appropriate measures. If states agree to use
conservation equivalency, they must also develop a set of non-preferred
coastwide measures (minimum fish size limit, possession limit, and
season) that would be expected to prevent harvest from exceeding the
annual recreational harvest limit. The Council and Board must also
recommend a suite of precautionary default measures that would apply to
all recreational anglers and Federal party/charter permit holders
fishing in Federal waters and landing black sea bass in states that do
not develop and implement Commission-approved conservationally
equivalent measures.
If the Council and Board agree to use conservation equivalency in a
given year, the Board will determine the management program to
implement conservation equivalency for black sea bass in that year
through a separate action. After reviewing and approving the state/
regional proposals, the Commission must submit a letter to us
certifying that the combination of state and regional measures is
expected to prevent harvest from exceeding that year's recreational
harvest limit. Based on the Commission's certification, we would be
able to approve conservation equivalency and waive Federal measures for
the remainder of the calendar year in favor of the state or regional
conservation equivalency measures. Federally permitted party/charter
vessels and private recreational vessels fishing in Federal waters
would then be subject to the regulations in the states where they land
their catch. If the Commission submits a letter to us announcing that a
state or states have not implemented appropriate measures, the state or
states would be required to implement precautionary default measures in
state waters through the Commission. We would also apply those
precautionary default measures to Federal party/charter permit holders
and recreational vessels fishing in Federal waters that are landing
black sea bass in applicable states. If a state or region implements
measures that are not approved, the Commission would require the
precautionary default measures to be enforced in that state or region
and would request that we apply those measures to federally permitted
vessels landings in those states as well. Non-preferred coastwide
measures would be implemented: (1) If we do not approve conservation
equivalency; or (2) at the start of the next fishing year (i.e., when
conservation equivalency for a given year has expired).
Block Island Sound Transit Zone
This action creates a transit area for state-only permitted vessels
fishing for summer flounder, scup, and black sea bass around Block
Island to address issues when Federal and state management measures
differ. The transit zone mirrors the current transit area for striped
bass and allows transit through Federal waters for state-only permitted
commercial and party/charter vessels and private recreational anglers
with summer flounder, scup, and/or black sea bass on board that were
legally harvested in state waters (Figure 1). These vessels may transit
between the Rhode Island state waters surrounding Block Island and the
coastal state waters of Rhode Island, New York, Connecticut, or
Massachusetts while complying with the state waters measures for those
species. Transit through the defined area is allowed, provided that
fishermen are compliant with all applicable state regulations,
including harvest limits; gear is stowed in accordance with Federal
regulations; no fishing takes place from the vessel while in Federal
waters; and the vessel is in continuous transit.
This transit provision does not apply to federally permitted summer
flounder, scup, or black sea bass vessels. There are no changes to
current Federal regulations requiring all federally permitted vessels
to abide by the measures of the state(s) in which they harvest or land
their catch, or the Federal waters measures, whichever are more
restrictive.
[[Page 65701]]
[GRAPHIC] [TIFF OMITTED] TR29NO19.000
Inclusion of Maximum Size Limit
This action specifies that a maximum size limit can be set through
specifications for summer flounder and black sea bass recreational
fisheries. By including a maximum size, the Council can recommend both
a minimum and maximum recreational size limit to allow for
consideration of regular slot limits, split slot limits, and/or trophy
fish when setting recreational measures each year. This action does not
change any current Federal recreational measures, but adds flexibility
in specifying future recreational management measures.
Comments and Responses
The public comment period for the proposed rule ended on September
9, 2019, and a total of three relevant comments were received from the
public. Two commenters stated that conservation equivalency should not
be used in the black sea bass recreational fishery, or should only be
used when Marine Recreational Information Program information is
reliable. The other commenter noted that maximum size limits should not
be used. In response to those three comments, this action is only
allowing for consideration of conservation equivalency in the black sea
bass recreational fishery and providing the ability to set a maximum
size limit. The Council and Commission will make annual determinations
on whether or not to utilize either of these management tools.
Changes From the Proposed Rule
There are no substantive changes from the proposed rule. Minor
clarifications were made to the regulations to clarify references to
moratorium permits included in the Block Island Sound transit
provisions are specific to summer flounder, scup, and black sea bass.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act.
This final rule is considered an Executive Order 13771 deregulatory
action.
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. No comments were received
regarding this certification, and the initial certification remains
unchanged. As a result, 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: November 21, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
[[Page 65702]]
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.14, revise paragraphs (n)(1)(i), (o)(1) introductory
text, (p)(1) introductory text, (p)(1)(i) and (v), and (p)(2)
introductory text to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(n) * * *
(1) * * *
(i) Permit requirement. Possess summer flounder in or harvested
from the EEZ, either in excess of the possession limit specified in
Sec. 648.106, or before or after the time period specified in Sec.
648.105, unless the vessel was issued a summer flounder moratorium
permit and the moratorium permit is on board the vessel and has not
been surrendered, revoked, or suspended. However, possession of summer
flounder harvested from state waters is allowed for state-only
permitted vessels when transiting Federal waters within the Block
Island Sound Transit Area provided they follow the provisions at Sec.
648.111.
* * * * *
(o) * * *
(1) All persons. Unless a vessel is participating in a research
activity as described in Sec. 648.122(e) or unless a vessel has no
Federal scup permit, possesses scup caught exclusively in state waters,
and is transiting Federal waters within the Block Island Sound Transit
Area in accordance with the provisions at Sec. 648.131, it is unlawful
for any person to do any of the following:
* * * * *
(p) * * *
(1) All persons. Unless participating in a research activity as
described in Sec. 648.142(e), it is unlawful for any person to do any
of the following:
(i) Permit requirement. Possess black sea bass in or harvested from
the EEZ north of 35[deg]15.3' N. lat., either in excess of the
possession limit established pursuant to Sec. 648.145, or before or
after the time period established pursuant to Sec. 648.146, unless the
person is operating a vessel issued a moratorium permit under Sec.
648.4 and the moratorium permit is on board the vessel. However,
possession of black sea bass harvested from state waters is allowed for
state-only permitted vessels when transiting Federal waters within the
Block Island Sound Transit Area provided they follow the provisions at
Sec. 648.151.
* * * * *
(v) Size limits. Fish for, possess, land, or retain black sea bass
in or from the EEZ that does not comply with the minimum or maximum (as
applicable) fish size specified in Sec. 648.147.
* * * * *
(2) Vessel and operator permit holders. Unless participating in a
research activity as described in Sec. 648.142(e), it is unlawful for
any person owning or operating a vessel issued a black sea bass permit
(including a moratorium permit) to do any of the following:
* * * * *
0
3. In Sec. 648.102, revise paragraphs (a)(7) and (d)(2)(ii) through
(iv) to read as follows:
Sec. 648.102 Summer flounder specifications.
(a) * * *
(7) Recreational minimum and/or maximum fish size.
* * * * *
(d) * * *
(2) * * *
(ii) The ASMFC will review conservation equivalency proposals and
determine whether or not they achieve the necessary adjustment to
recreational landings. The ASMFC will provide the Regional
Administrator with the individual state and/or multi-state region
conservation measures for the approved state and/or multi-state region
proposals and, in the case of disapproved state and/or multi-state
region proposals, the precautionary default measures that should be
applied to a state or region. At the request of the ASMFC,
precautionary default measures would apply to federally permitted
party/charter vessels and other recreational fishing vessels harvesting
summer flounder in or from the EEZ when landing in a state that
implements measures not approved by the ASMFC.
(iii) After considering public comment, the Regional Administrator
will publish a final rule in the Federal Register to implement either
the state specific conservation equivalency measures or coastwide
measures to ensure that the applicable specified target is not
exceeded.
(iv) The ASMFC may allow states assigned the precautionary default
measures to resubmit revised management measures. The ASMFC will detail
the procedures by which the state can develop alternate measures. The
ASMFC will notify the Regional Administrator of any resubmitted state
proposals approved subsequent to publication of the final rule and the
Regional Administrator will publish a document in the Federal Register
to notify the public.
* * * * *
0
4. In Sec. 648.104, revise the section heading and paragraphs (b) and
(c) to read as follows:
Sec. 648.104 Summer flounder size requirements.
* * * * *
(b) Party/charter permitted vessels and recreational fishery
participants. The minimum size for summer flounder is 19 inches (48.3
cm) 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.
(c) Measurement. The size limits in this section apply to whole
fish or to any part of a fish found in possession, e.g., fillets,
except that party and charter vessels fishing exclusively in state
waters possessing valid state permits authorizing filleting at sea may
possess fillets smaller than the size specified if all state
requirements are met.
0
5. Revise Sec. 648.105 to read as follows:
Sec. 648.105 Summer flounder recreational fishing season.
No person may fish for summer flounder in the EEZ from May 15
through September 15 unless that person is the owner or operator of a
fishing vessel issued a commercial summer flounder moratorium permit,
or is issued a summer flounder dealer permit, or unless otherwise
specified in the conservation equivalency measures at Sec. 648.107.
Persons aboard a commercial vessel that is not eligible for a summer
flounder moratorium permit are subject to this recreational fishing
season. This time period may be adjusted pursuant to the procedures in
Sec. 648.102. Possession of summer flounder harvested from state
waters during this time is allowed for state-only permitted vessels
when transiting Federal waters within the Block Island
[[Page 65703]]
Sound Transit Area provided they follow the provisions at Sec. 648.111
and abide by state regulations.
0
6. In Sec. 648.106, revise paragraph (a) to read as follows:
Sec. 648.106 Summer flounder possession restrictions.
(a) Party/charter and recreational possession limits. No person
shall possess more than four summer flounder in, or harvested from, the
EEZ, per trip unless that person is the owner or operator of a fishing
vessel issued a summer flounder moratorium permit, or is issued a
summer flounder dealer permit, or unless otherwise specified in the
conservation equivalency measures at Sec. 648.107. Persons aboard a
commercial vessel that is not eligible for a summer flounder moratorium
permit are subject to this possession limit. The owner, operator, and
crew of a charter or party boat issued a summer flounder moratorium
permit are subject to the possession limit when carrying passengers for
hire or when carrying more than five crew members for a party boat, or
more than three crew members for a charter boat. This possession limit
may be adjusted pursuant to the procedures in Sec. 648.102. Possession
of summer flounder harvested from state waters above this possession
limit is allowed for state-only permitted vessels when transiting
Federal waters within the Block Island Sound Transit Area provided they
follow the provisions at Sec. 648.111 and abide by state regulations.
* * * * *
0
7. In Sec. 648.107, revise paragraphs (a) introductory text and (b) to
read as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by the states of Maine
through North Carolina for 2019 are the conservation equivalent of the
season, size limits, and possession limit prescribed in Sec. Sec.
648.104(b), 648.105, and 648.106. This determination is based on a
recommendation from the Summer Flounder Board of the Atlantic States
Marine Fisheries Commission.
* * * * *
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels
registered in states and subject to the recreational fishing measures
of this part, whose fishery management measures are not determined by
the Regional Administrator to be the conservation equivalent of the
season, size limits and possession limit prescribed in Sec. Sec.
648.102, 648.103(b), and 648.105(a), respectively, due to the lack of,
or the reversal of, a conservation equivalent recommendation from the
Summer Flounder Board of the Atlantic States Marine Fisheries
Commission shall be subject to the following precautionary default
measures: Season--July 1 through August 31; minimum size--20 inches
(50.8 cm); and possession limit--two fish.
0
8. Add Sec. 648.111 to subpart G to read as follows:
Sec. 648.111 Block Island Sound Transit Area.
(a) Vessels not issued a summer flounder Federal moratorium or
party/charter permit, and recreational fishing participants fishing
exclusively in state waters may transit with summer flounder harvested
from state waters on board through Federal waters of the EEZ within
Block Island Sound, north of a line connecting Montauk Light, Montauk
Point, NY, and Block Island Southeast Light, Block Island, RI; and west
of a line connecting Point Judith Light, Point Judith, RI, and Block
Island Southeast Light, Block Island, RI. Within this area, possession
of summer flounder is permitted regardless of the minimum or maximum
size (as applicable), possession limit, and seasons outlined in
Sec. Sec. 648.104, 648.105, and 648.106, provided no fishing takes
place from the vessel while in Federal waters of the EEZ, the vessel
complies with state regulations, and is in continuous transit. During
such transit through this area, commercial gear must be stowed in
accordance with the definition of ``not available for immediate use''
found at Sec. 648.2, and party/charter vessels and recreational
participants must have all bait and hooks removed from fishing rods,
and any summer flounder on board must be stored in a cooler or
container.
(b) The requirements of this transit zone are not necessary or
applicable for recreational fishery participants during years when
conservation equivalency has been adopted under Sec. 648.107
conservation equivalency measures and recreational Federal measures are
waived.
0
9. In Sec. 648.126, revise paragraph (b) to read as follows:
Sec. 648.126 Scup minimum fish sizes.
* * * * *
(b) Party/Charter permitted vessels and recreational fishery
participants. The minimum size for scup is 9 inches (22.9 cm) total
length for all vessels that do not have a scup moratorium permit, or
for party and charter vessels that are issued a scup moratorium permit
but are fishing with passengers for hire, or carrying more than three
crew members if a charter boat, or more than five crew members if a
party boat. However, possession of smaller scup harvested from state
waters is allowed for state-only permitted vessels when transiting
Federal waters within the Block Island Sound Transit Area provided they
follow the provisions at Sec. 648.131 and abide by state regulations.
* * * * *
0
10. Revise Sec. 648.127 to read as follows:
Sec. 648.127 Scup recreational fishing season.
Fishermen and vessels that are not eligible for a scup moratorium
permit under Sec. 648.4(a)(6), may possess scup year-round, subject to
the possession limit specified in Sec. 648.128(a). The recreational
fishing season may be adjusted pursuant to the procedures in Sec.
648.122. Should the recreational fishing season be modified, non-
federally scup permitted vessels abiding by state regulations may
transit with scup harvested from state waters on board through the
Block Island Sound Transit Area following the provisions outlined in
Sec. 648.131.
0
11. In Sec. 648.128, revise paragraph (a) to read as follows:
Sec. 648.128 Scup possession restrictions.
(a) Party/Charter and recreational possession limits. No person
shall possess more than 50 scup in, or harvested from, per trip the EEZ
unless that person is the owner or operator of a fishing vessel issued
a scup moratorium permit, or is issued a scup dealer permit. Persons
aboard a commercial vessel that is not eligible for a scup moratorium
permit are subject to this possession limit. The owner, operator, and
crew of a charter or party boat issued a scup moratorium permit are
subject to the possession limit when carrying passengers for hire or
when carrying more than five crew members for a party boat, or more
than three crew members for a charter boat. This possession limit may
be adjusted pursuant to the procedures in Sec. 648.122. However,
possession of scup harvested from state waters above this possession
limit is allowed for state-only permitted vessels when transiting
Federal waters within the Block Island Sound Transit Area provided they
follow the provisions at Sec. 648.131 and abide by state regulations.
* * * * *
0
12. Add Sec. 648.131 to subpart H to read as follows:
[[Page 65704]]
Sec. 648.131 Block Island Sound Transit Area.
Vessels not issued a scup Federal moratorium or party/charter
permit, and recreational fishing participants fishing exclusively in
state waters may transit with scup harvested from state waters on board
through Federal waters of the EEZ within Block Island Sound, north of a
line connecting Montauk Light, Montauk Point, NY, and Block Island
Southeast Light, Block Island, RI; and west of a line connecting Point
Judith Light, Point Judith, RI, and Block Island Southeast Light, Block
Island, RI. Within this area, possession of scup is permitted
regardless of the minimum size, possession limit, and seasons outlined
in Sec. Sec. 648.126, 648.127, and 648.128, provided no fishing takes
place from the vessel while in Federal waters of the EEZ, the vessel
complies with state regulations, and is in continuous transit. During
such transit through this area, commercial gear must be stowed in
accordance with the definition of ``not available for immediate use''
found at Sec. 648.2, and party/charter vessels and recreational
participants must have all bait and hooks removed from fishing rods,
and any scup on board must be stored in a cooler or container.
0
13. Revise Sec. 648.142 to read as follows:
Sec. 648.142 Black sea bass specifications.
(a) Commercial quota, recreational landing limit, research set-
aside, and other specification measures. The Black Sea Bass Monitoring
Committee will recommend to the Demersal Species Committee of the MAFMC
and the ASMFC, through the specification process, for use in
conjunction with the ACL and ACT, sector-specific research set-asides,
estimates of the sector-related discards, a recreational harvest limit,
a commercial quota, along with other measures, as needed, that are
projected to ensure the sector-specific ACL for an upcoming year or
years will not be exceeded. The following measures are to be considered
by the Black Sea Bass Monitoring Committee:
(1) Research quota set from a range of 0 to 3 percent of the
maximum allowed.
(2) A commercial quota, allocated annually.
(3) A commercial possession limit for all moratorium vessels, with
the provision that these quantities be the maximum allowed to be landed
within a 24-hour period (calendar day).
(4) Commercial minimum fish size.
(5) Minimum mesh size in the codend or throughout the net and the
catch threshold that will require compliance with the minimum mesh
requirement.
(6) Escape vent size.
(7) A recreational possession limit set after the reduction for
research quota.
(8) Recreational minimum and/or maximum fish size.
(9) Recreational season.
(10) Recreational state conservation equivalent and precautionary
default measures utilizing possession limits, minimum fish sizes, and/
or seasons set after reductions for research quota.
(11) Restrictions on gear other than otter trawls and pots or
traps.
(12) Total allowable landings on an annual basis for a period not
to exceed 3 years.
(13) Changes, as appropriate, to the SBRM, including the CV-based
performance standard, the means by which discard data are collected/
obtained, fishery stratification, the process for prioritizing observer
sea-day allocations, reports, and/or industry-funded observers or
observer set aside programs.
(14) Modification of the existing AM measures and ACT control rules
utilized by the Black Sea Bass Monitoring Committee.
(b) Specification fishing measures. The Demersal Species Committee
shall review the recommendations of the Black Sea Bass Monitoring
Committee. Based on these recommendations and any public comment, the
Demersal Species Committee shall make its recommendations to the MAFMC
with respect to the measures necessary to assure that the sector-
specific ACLs for an upcoming fishing year or years will not be
exceeded. The MAFMC shall review these recommendations and, based on
the recommendations and public comment, make recommendations to the
Regional Administrator with respect to the measures necessary to assure
that sector ACLs are not exceeded. Included in the recommendation will
be supporting documents, as appropriate, concerning the environmental
and economic impacts of the final rule. The Regional Administrator will
review these recommendations and any recommendations of the ASMFC.
After such review, the Regional Administrator will publish a proposed
rule in the Federal Register to implement a commercial quota, a
recreational harvest limit, and additional management measures for the
commercial fishery.
(c) Distribution of annual commercial quota. The black sea bass
commercial quota will be allocated on a coastwide basis.
(d) Recreational specification measures. The Demersal Species
Committee shall review the recommendations of the Black Sea Bass
Monitoring Committee. Based on these recommendations and any public
comment, the Demersal Species Committee shall recommend to the MAFMC
and ASMFC measures that are projected to ensure the recreational ACL
for an upcoming fishing year or years will not be exceeded. The MAFMC
shall review these recommendations and, based on the recommendations
and any public comment, recommend to the Regional Administrator
measures that are projected to ensure the recreational ACL for an
upcoming fishing year or years will not be exceeded. The MAFMC's
recommendations must include supporting documentation, as appropriate,
concerning the environmental and economic impacts of the
recommendations. The MAFMC and the ASMFC will recommend that the
Regional Administrator implement either:
(1) Coastwide measures. Annual coastwide management measures that
constrain the recreational black sea bass fishery to the recreational
harvest limit, or
(2) Conservation equivalent measures. Individual states, or regions
formed voluntarily by adjacent states (i.e., multi-state conservation
equivalency regions), may implement different combinations of minimum
and/or maximum fish sizes, possession limits, and closed seasons that
achieve equivalent conservation as the coastwide measures. Each state
or multi-state conservation equivalency region may implement measures
by mode or area only if the proportional standard error of recreational
landing estimates by mode or area for that state is less than 30
percent.
(i) After review of the recommendations, the Regional Administrator
will publish a proposed rule in the Federal Register as soon as
possible to implement the overall percent adjustment in recreational
landings required for the fishing year, and the ASMFC's recommendation
concerning conservation equivalency, the precautionary default
measures, and coastwide measures.
(ii) The ASMFC will review conservation equivalency proposals and
determine whether or not they achieve the necessary adjustment to
recreational landings. The ASMFC will provide the Regional
Administrator with the individual state and/or multi-state region
conservation measures for the approved state and/or multi-state region
proposals and, in the case of disapproved state and/or multi-state
region proposals, the precautionary default measures that should be
applied to a state or region. At the request of the ASMFC,
precautionary default measures
[[Page 65705]]
would apply to federally permitted party/charter vessels and other
recreational fishing vessels harvesting summer flounder in or from the
EEZ when landing in a state that implements measures not approved by
the ASMFC.
(iii) After considering public comment, the Regional Administrator
will publish a final rule in the Federal Register to implement either
the state specific conservation equivalency measures or coastwide
measures to ensure that the applicable specified target is not
exceeded.
(iv) The ASMFC may allow states assigned the precautionary default
measures to resubmit revised management measures. The ASMFC will detail
the procedures by which the state can develop alternate measures. The
ASMFC will notify the Regional Administrator of any resubmitted state
proposals approved subsequent to publication of the final rule and the
Regional Administrator will publish a document in the Federal Register
to notify the public.
(e) Research quota. See Sec. 648.22(g).
0
14. In Sec. 648.144, revise paragraph (a)(1)(ii) to read as follows:
Sec. 648.144 Black sea bass gear restrictions.
(a) * * *
(1) * * *
(ii) Mesh sizes shall be measured pursuant to the procedure
specified in Sec. 648.108(a)(2).
* * * * *
0
15. In Sec. 648.145, revise paragraph (a) to read as follows:
Sec. 648.145 Black sea bass possession limit.
(a) During the recreational fishing season specified at Sec.
648.146, no person shall possess more than 15 black sea bass in, or
harvested from, per trip the EEZ unless that person is the owner or
operator of a fishing vessel issued a black sea bass moratorium permit,
or is issued a black sea bass dealer permit, unless otherwise specified
in the conservation equivalent measures described in Sec.
648.148(d)(2). Persons aboard a commercial vessel that is not eligible
for a black sea bass moratorium permit may not retain more than 15
black sea bass during the recreational fishing season specified at
Sec. 648.146. The owner, operator, and crew of a charter or party boat
issued a black sea bass moratorium permit are subject to the possession
limit when carrying passengers for hire or when carrying more than five
crew members for a party boat, or more than three crew members for a
charter boat. This possession limit may be adjusted pursuant to the
procedures in Sec. 648.142. However, possession of black sea bass
harvested from state waters above this possession limit is allowed for
state-only permitted vessels when transiting Federal waters within the
Block Island Sound Transit Area provided they follow the provisions at
Sec. 648.150 and abide by state regulations.
* * * * *
0
16. Revise Sec. 648.146 to read as follows:
Sec. 648.146 Black sea bass recreational fishing season.
Vessels that are not eligible for a 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 February 1 through February 28, May 15 through December 31, unless
otherwise specified in the conservation equivalent measures described
in Sec. 648.1542(d)(2)or unless this time period is adjusted pursuant
to the procedures in Sec. 648.142. However, possession of black sea
bass harvested from state waters outside of this season is allowed for
state-only permitted vessels when transiting Federal waters within the
Block Island Sound Transit Area provided they follow the provisions at
Sec. 648.151 and abide by state regulations.
0
17. In Sec. 648.147, revise the section heading and paragraphs (b) and
(c) to read as follows:
Sec. 648.147 Black sea bass size requirements.
* * * * *
(b) Party/Charter permitted vessels and recreational fishery
participants. The minimum fish size for black sea bass is 12.5 inches
(31.75 cm) 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. 648.142(d)(2). However, possession of smaller black
sea bass harvested from state waters is allowed for state-only
permitted vessels when transiting Federal waters within the Block
Island Sound Transit Area provided they follow the provisions at Sec.
648.151 and abide by state regulations.
(c) The size limits in this section applies to the whole fish or
any part of a fish found in possession (e.g., fillets), except that
party or charter vessels fishing exclusively in state waters possessing
valid black sea bass state permits authorizing filleting at sea may
possess fillets smaller than the size specified if skin remains on the
fillet and all other state requirements are met.
0
18. Add Sec. 648.150 to subpart I to read as follows:
Sec. 648.150 Block Island Sound Transit Zone.
(a) Vessels not issued a black sea bass Federal moratorium or
party/charter permit, and recreational fishing participants fishing
exclusively in state waters may transit with black sea bass harvested
from state waters on board through Federal waters of the EEZ within
Block Island Sound, north of a line connecting Montauk Light, Montauk
Point, NY, and Block Island Southeast Light, Block Island, RI; and west
of a line connecting Point Judith Light, Point Judith, RI, and Block
Island Southeast Light, Block Island, RI. Within this area, possession
of black sea bass is permitted regardless of the minimum and/or maximum
(as applicable) size, possession limit, and seasons outlined in
Sec. Sec. 648.145, 648.146, and 648.147, provided no fishing takes
place from the vessel while in Federal waters of the EEZ, the vessel
complies with state regulations, and is in continuous transit. During
such transit through this area, commercial gear must be stowed in
accordance with the definition of ``not available for immediate use''
found at Sec. 648.2, and party/charter vessels and recreational
participants must have all bait and hooks removed from fishing rods,
and any black sea bass on board must be stored in a cooler or
container.
(b) The requirements of this transit zone are not necessary or
applicable for recreational fishery participants during years when
conservation equivalency has been adopted under conservation
equivalency measures and recreational Federal measures are waived.
[FR Doc. 2019-25619 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-22-P