25394 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 

(2) LPR devices operating under this 

section must confine their fundamental 

emission bandwidth within the 5.925– 

7.250 GHz, 24.05–29.00 GHz, and 75–85 

GHz bands under all conditions of 

operation. 

(f) Fundamental Emissions Limits 

(1) All emission limits provided in 

this section are expressed in terms of 

Equivalent Isotropic Radiated Power 

(EIRP). 

(2) The EIRP level is to be determined 

from the maximum measured power 

within a specified bandwidth. 

(i) The EIRP in 1 MHz is computed 

from the maximum power level 

measured within any 1-MHz bandwidth 

using a power averaging detector; 

(ii) The EIRP in 50 MHz is computed 

from the maximum power level 

measured with a peak detector in a 50- 

MHz bandwidth centered on the 

frequency at which the maximum 

average power level is realized. 

(3) The EIRP limits for LPR operations 

in the bands authorized by this rule 

section are provided in the following 

table: 

Frequency band 

of operation 

(GHz) 

EIRP limit in 

1 MHz 

(dBm) 

EIRP limit in 

50 MHz 

(dBm) 

5.925–7.250 ...... ¥33 7 

24.05–29.00 ...... ¥14 26 

75–85 ................ ¥3 34 

(g) Unwanted Emissions Limits 

(1) All emission limits provided in 

this section are expressed in terms of 

Equivalent Isotropic Radiated Power 

(EIRP) and are computed based on the 

maximum average power level 

measured within any 1-MHz bandwidth. 

(2) Unwanted emission limits 

applicable to LPR devices shall not 

exceed the general emission limits in 

§ 15.209. 

(h) Antenna Beamwidth 

(1) LPR devices operating under the 

provisions of this section within the 

5.925–7.250 GHz and 24.05–29.00 GHz 

bands must use an antenna with a 

maximum half-power beamwidth of 12 

degrees. 

(2) LPR devices operating under the 

provisions of this section within the 75– 

85 GHz band must use an antenna with 

a maximum half-power beamwidth of 8 

degrees. 

(i) Antenna Side Lobe Gain 

(1) LPR devices operating under the 

provisions of this section must limit the 

side lobe antenna gain to ¥10 dBi for 

off-axis angles from the main beam of 

greater than 60 degrees. 

(j) Measurement Procedures 

(1) Radiated measurements of the 

fundamental emission bandwidth and 

power shall be made with maximum 

main beam coupling between the LPR 

and test antennas (boresight). 

(2) Measurements of the unwanted 

emissions radiating from an LPR shall 

be made utilizing elevation and azimuth 

scans to determine the location at which 

the emissions are maximized. 

(3) All emissions at and below 960 

MHz are based on measurements 

employing a CISPR quasi-peak detector. 

(4) The fundamental emission 

bandwidth measurement shall be made 

using a peak detector with a resolution 

bandwidth of 1 MHz and a video 

bandwidth of at least 3 MHz. 

(5) The provisions in § 15.35(b) and 

(c) of this part that require emissions to 

be averaged over a 100 millisecond 

period and that limit the peak power to 

20 dB above the average limit do not 

apply to devices operating under this 

section. 

(6) Compliance measurements of 

frequency-agile LPR devices shall be 

performed with any related frequency 

sweep, step, or hop function activated. 

(7) Compliance measurements shall 

be made in accordance with the specific 

procedures published or otherwise 

authorized by the Commission. 

[FR Doc. 2012–9984 Filed 4–27–12; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 120321208–2010–01] 

RIN 0648–BC07 

Fisheries of the Northeastern United 

States; Recreational Management 

Measures for the Summer Flounder, 

Scup, and Black Sea Bass Fisheries; 

Fishing Year 2012 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes management 

measures for the 2012 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 these measures is to prevent 

overfishing of the summer flounder, 

scup, and black sea bass resources. 

DATES: Comments must be received by 

5 p.m. local time, on May 15, 2012. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2012–0081, 

by any one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking portal: http:// 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

first click the ‘‘Submit a Comment’’ 

icon, then enter NOAA–NMFS–2012– 

0081 in the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Fax: (978) 281–9135, Attn: 

Comments on 2012 Proposed Summer 

Flounder, Scup, and Black Sea Bass 

Recreational Measures, NOAA–NMFS– 

2012–0081. 

• Mail and Hand Delivery: Daniel S. 

Morris, Acting Regional Administrator, 

NMFS, Northeast Regional Office, 55 

Great Republic Drive, Gloucester, MA 

01930. Mark the outside of the 

envelope: ‘‘Comments on 2012 FSB 

Recreational Measures.’’ 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. 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. All comments received are 

part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Copies of the Supplemental 

Environmental Assessment and Initial 

Regulatory Flexibility Analysis (SEA/ 

IRFA) and other supporting documents 

for the recreational harvest measures, 

are available from Dr. Christopher M. 

Moore, Executive Director, Mid-Atlantic 

Fishery Management Council, Suite 201, 

800 N. State Street, Dover, DE 19901. 

The recreational harvest measures 

document is also accessible via the 

Internet at: http://www.nero.noaa.gov. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 25395 

FOR FURTHER INFORMATION CONTACT: 

Moira Kelly, Fishery Policy Analyst, 

(978) 281–9218. 

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 (Council) 

and the Atlantic States Marine Fisheries 

Commission (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 (NC) 

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 E. 13.3′ N. lat. (the latitude of Cape 

Hatteras Lighthouse, Buxton, NC) 

northward to the U.S./Canada border. 

The Council prepared the FMP under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), 16 U.S.C. 

1801 et seq. Regulations implementing 

the FMP appear at 50 CFR part 648, 

subparts A (general provisions), G 

(summer flounder), H (scup), and I 

(black sea bass). General regulations 

governing fisheries of the Northeastern 

U.S. also appear at 50 CFR part 648. 

States manage these three species 

within 3 nautical miles (4.83 km) of 

their coasts, under the Commission’s 

plan for summer flounder, scup, and 

black sea bass. The applicable speciesspecific Federal regulations govern 

vessels and individual fishermen fishing 

in Federal waters of the exclusive 

economic zone (EEZ), as well as vessels 

possessing a summer flounder, scup, or 

black sea bass Federal charter/party 

vessel permit, regardless of where they 

fish. 

Recreational Management Measures 

Background 

The Council process for devising 

recreational management measures to 

recommend to NMFS for rulemaking is 

generically described in the following 

section. All meetings are open to the 

public and the materials utilized during 

such meetings, as well as any 

documents created to summarize the 

meeting results, are public information 

and typically posted on the Council’s 

Web site (www.mafmc.org) or are 

available from the Council by request. 

Extensive background on the 2012 

recreational management measures 

recommendation process is therefore 

not repeated in this preamble. 

The FMP established monitoring 

committees for the three fisheries, 

consisting of representatives from the 

Commission, the Council, state marine 

fishery agency representatives from MA 

to NC, and NMFS. The FMP’s 

implementing regulations require the 

monitoring committees to review 

scientific and other relevant information 

annually and to recommend 

management measures necessary to 

constrain landings within the 

recreational harvest limits established 

for the summer flounder, scup, and 

black sea bass fisheries for the 

upcoming fishing year. The FMP limits 

the choices for the types of measures to 

minimum fish size, possession limit, 

and fishing season. 

The Council’s Demersal Species 

Committee and the Commission’s 

Summer Flounder, Scup, and Black Sea 

Bass Management Board (Board) then 

consider the monitoring committees’ 

recommendations and any public 

comment in making their 

recommendations to the Council and 

the Commission, respectively. The 

Council reviews the recommendations 

of the Demersal Species Committee, 

makes its own recommendations, and 

forwards them 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 each species in the FMP and all 

applicable laws and Executive Orders 

before ultimately implementing 

measures for Federal waters. 

All minimum fish sizes discussed 

hereafter are total length measurements 

of the fish, i.e., the straight-line distance 

from the tip of the snout to the end of 

the tail while the fish is lying on its 

side. For black sea bass, total length 

measurement does not include the 

caudal fin tendril. All possession limits 

discussed below are per person. 

Proposed 2012 Recreational 

Management Measures 

NMFS is proposing the following 

measures that would apply in the 

Federal waters of the EEZ and to all 

federally permitted party/charter vessels 

with applicable summer flounder, scup, 

or black sea bass permits regardless of 

where they fish for the 2012 recreational 

summer flounder, scup, and black sea 

bass fisheries: For summer flounder, use 

of state-by-state conservation 

equivalency measures, which are the 

status quo measures; for scup, a 10.5- 

inch (26.67-cm) minimum fish size, a 

20-fish per person possession limit, and 

an open season of January 1 through 

December 31; and, for black sea bass, a 

12.5-inch (31.71-cm) minimum fish size, 

a 15-fish per person possession limit for 

a January 1 through February 29 open 

season, and a 25-fish per person 

possession limit for open seasons of 

May 19 through October 14 and 

November 1 through December 31. 

NMFS will consider retaining or 

reinstating status quo black sea bass 

measures, as needed, for Federal waters 

(i.e., a 12.5-in (31.75-cm) minimum fish 

size, a 25-fish per person possession 

limit, and fishing seasons from May 22– 

October 11 and November 1–December 

31) if the Commission develops and 

implements a state-waters conservation 

equivalency system that, when paired 

with the Council’s recommended 

measures, does not provide the 

necessary conservation to ensure the 

2012 recreational harvest limit will not 

be exceeded. More detail on these 

proposed measures is provided in the 

following sections. 

Summer Flounder Recreational 

Management Measures 

The 2012 recreational harvest limit for 

summer flounder is 8.76 million lb 

(3,973 mt), as published in interim final 

rule (76 FR 82189, December 30, 2011). 

Final landings for 2011 are 

approximately 5.6 million lb (2,541.57 

mt), well below the recreational harvest 

limit. The Council and Commission 

have recommended the use of 

conservation equivalency to manage the 

2012 summer flounder recreational 

fishery. 

NMFS implemented Framework 

Adjustment 2 to the FMP on July 29, 

2001 (66 FR 36208), to permit the use 

of conservation equivalency to manage 

the recreational summer flounder 

fishery. Conservation equivalency 

allows each state to establish its own 

recreational management measures 

(possession limits, minimum fish size, 

and fishing seasons) to achieve its state 

harvest limit partitioned by the 

Commission from the coastwide 

recreational harvest limit, as long as the 

combined effect of all of the states’ 

management measures achieves the 

same level of conservation as would 

Federal coastwide measures. 

The Council and Board annually 

recommend that either state- or regionspecific recreational measures be 

developed (conservation equivalency) or 

coastwide management measures be 

implemented by all states to ensure that 

the recreational harvest limit will not be 

exceeded. Even when the Council and 

Board recommend conservation 

equivalency, the Council must specify a 


srobinson on DSK4SPTVN1PROD with PROPOSALS
25396 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 

set of coastwide measures that would 

apply if conservation equivalency is not 

approved for use in Federal waters. 

When conservation equivalency is 

recommended, and following 

confirmation that the proposed state 

measures developed through the 

Commission’s technical and policy 

review processes achieve conservation 

equivalency, NMFS may waive the 

permit condition found at § 648.4(b), 

which requires Federal permit holders 

to comply with the more restrictive 

management measures when state and 

Federal measures differ. In such a 

situation, federally permitted summer 

flounder charter/party permit holders 

and individuals fishing for summer 

flounder in the EEZ would then be 

subject to the recreational fishing 

measures implemented by the state in 

which they land summer flounder, 

rather than the coastwide measures. 

In addition, the Council and the 

Board must recommend precautionary 

default measures when recommending 

conservation equivalency. The 

Commission would require adoption of 

the precautionary default measures by 

any state that either does not submit a 

summer flounder management proposal 

to the Commission’s Summer Flounder 

Technical Committee, or that submits 

measures that would exceed the 

Commission-specified harvest limit for 

that state. 

Much of the conservation equivalency 

measures development process happens 

at both the Commission and individual 

state level. The selection of appropriate 

data and analytic techniques for 

technical review of potential state 

conservation equivalent measures and 

the process by which the Commission 

evaluates and recommends proposed 

conservation equivalent measures is 

wholly a function of the Commission 

and its individual member states. 

Individuals seeking information 

regarding the process to develop 

specific state measure 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 states select their final 2012 

summer flounder management measures 

through their respective development, 

analytical, and review processes and 

submit them to the Commission, the 

Commission will conduct further review 

and evaluation of the state-submitted 

proposals, ultimately notifying NMFS as 

to which individual state proposals 

have been approved or disapproved. 

NMFS has no overarching authority in 

the state or Commission management 

measure development, but is an equal 

participant along with all the member 

states in the measures review process. 

NMFS retains the final authority either 

to approve or to disapprove the use of 

conservation equivalency in place of the 

coastwide measures in Federal waters, 

and will publish its determination as a 

final rule in the Federal Register to 

establish the 2012 recreational measures 

for these fisheries. 

States that do not submit conservation 

equivalency proposals, or whose 

proposals are disapproved by the 

Commission, will be required by the 

Commission to adopt the precautionary 

default measures. In the case of states 

that are initially assigned precautionary 

default measures, but subsequently 

receive Commission approval of revised 

state measures, NMFS will publish a 

notice in the Federal Register 

announcing a waiver of the permit 

condition at § 648.4(b). 

The 2012 precautionary default 

measures recommended by the Council 

and Board are for a 20.0-inch (50.80-cm) 

minimum fish size, a possession limit of 

two fish, and an open season of May 1 

through September 30, 2012. 

In this action, NMFS proposes to 

implement conservation equivalency 

with a precautionary default backstop, 

as previously outlined, for states that 

either fail to submit conservation 

equivalent measures or whose measures 

are not approved by the Commission. 

NMFS proposes the alternative of 

coastwide measures, as previously 

described, for use if conservation 

equivalency is not approved in the final 

rule. The coastwide measures would be 

waived if conservation equivalency is 

approved in the final rule. 

Scup Recreational Management 

Measures 

The 2012 scup recreational harvest 

limit is 8.45 million lb (3,833 mt), as 

published in interim final rule 

(December 30, 2011; 76 FR 82189). 

Estimated 2011 scup recreational 

landings are 3.48 million lb (1,580.39 

mt). The Council and Commission’s 

recommended measures for the 2012 

scup recreational fishery are for a 

10.5-in (26.67-cm) minimum fish size, a 

20-fish per person possession limit, and 

an open season of January 1 through 

December 31. NMFS proposes to 

implement the recommended scup 

recreational management measures for 

2012 in Federal waters. 

NMFS acknowledges that the 

Commission has indicated its intent to 

continue managing the recreational scup 

fishery through a Commission-based 

conservation equivalency program that 

has no comparable measures in the 

Federal FMP. Thus, recreational 

management measures will differ 

between state and Federal waters in 

2012. Historically, very little of the scup 

recreational harvest comes from the 

Federal waters of the EEZ. The scup 

recreational harvest from Federal waters 

for 2010 was approximately 4 percent of 

the total coastwide landings. 

Black Sea Bass Recreational 

Management Measures 

The 2012 black sea bass recreational 

harvest limit is 1.32 million lb (599 mt), 

as published in interim final rule 

(December 30, 2011; 76 FR 82189). The 

2011 black sea bass recreational 

landings were 1.09 million lb (494 mt); 

however, at the time the Council and 

Commission were making 

recommendations for the 2012 

recreational black sea bass fishery, the 

2011 landings were estimated to be 0.99 

million lb (449 mt). 

The Council has recommended 

measures designed to allow for an 

increase in black sea bass recreational 

landings (from the estimated 0.99 

million lb to the allowable 1.32 million 

lb). These measures for Federal waters 

are a 12.5-inch (31.75-cm) minimum 

fish size and a 15-fish per person 

possession limit for an open season of 

January 1 through February 28; and a 

12.5-inch (31.75-cm) minimum fish size 

and a 25-fish per person possession 

limit for open seasons of May 19 

through October 14 and November 1 

through December 31. 

The Commission is developing 

conservation equivalency measures for 

state waters based on the original 2011 

landings, which would have allowed for 

an increase in landings and more 

flexibility. NMFS is proposing to 

implement the aforementioned Councilrecommended measures for Federal 

waters while the Commission’s process 

for determining state waters 

conservation equivalency proceeds. 

However, it may be necessary to 

maintain the status quo measures 

(12.5-inch (31.75-cm) minimum fish 

size, 25-fish per person possession limit, 

and an open season of May 22 through 

October 11 and November 1 through 

December 31), if the proposed Council 

recommended measures and the 

Commission’s state waters conservation 

equivalency measures are likely to 

result in the recreational harvest limit 

being exceeded. 

If the timing of this Commission 

process is complete, including the 

necessary correspondence to NMFS and 

the Council, before a final rule has been 

issued by NMFS for the 2011 

recreational management measures, 

NMFS may implement the Council’s 

recommended measures for Federal 


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Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 25397 

waters. The decision to implement the 

Council’s recommended measures for 

Federal waters will be contingent on the 

as of yet to be completed analyses and 

recommendation from the Commission, 

and any such decision would be relayed 

in the final rule published in the 

Federal Register. If the Commission 

conservation equivalency development 

process extends beyond the issuance of 

a recreational management measures 

final rule, NMFS may issue a second 

rule to implement the Council’s 

recommended 2012 measures for 

Federal waters, pending the completion 

of the Commission process and 

concurrence by NMFS that the 

combination of state waters 

conservation equivalency and the 

Council’s recommended measures will 

achieve the desired 2012 fishery 

performance. Should NMFS ultimately 

determine that the Commission’s 

conservation equivalency measures for 

use in state waters for the 2012 fishery 

and the Council’s recommended 

measures would likely result in the 

recreational harvest limit being 

exceeded, then Federal status quo 

measures would remain for the duration 

of the 2012 fishing year: A 12.5-inch 

(31.75-cm) minimum fish size, 25-fish 

possession limit, and May 22 through 

October 14 and November 1 through 

December 31 open seasons. 

The proposed January 1 through 

February 29 open season has already 

passed, but would roll-over into fishing 

year 2013, if approved in the final rule. 

However, because the fishing year 2013 

recreational harvest limit is unknown, it 

is not possible to determine the impact 

that this additional fishing opportunity 

would have on keeping the fishery 

within the 2013 recreational harvest 

limit. As such, if this additional season 

is approved and implemented in the 

final rule for the 2012 recreational 

harvest measures, NMFS may reevaluate the open season during the 

2013 specifications process. 

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. In 

order to ensure that any final rule can 

be published as soon as possible, NMFS 

is requesting that comments for this 

proposed rule be submitted within 15 

days. This will allow interested parties 

adequate opportunity to comment while 

ensuring that NMFS can publish a final 

rule in a timely manner in an attempt 

to avoid a delay in the opening of the 

fishing season, should the proposed 

black sea bass fishing season be 

approved. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Council prepared an IRFA, as 

required by section 603 of the 

Regulatory Flexibility Act (RFA), which 

is included in the Supplemental EA and 

supplemented by information contained 

in the preamble to this proposed rule. 

The IRFA describes the economic 

impact this proposed rule, if adopted, 

would have on small entities. A 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained at the beginning of 

this section of the preamble and in the 

SUMMARY of this proposed rule. A 

summary of the IRFA follows. A copy of 

this analysis is available from the 

Council (see ADDRESSES). 

All of the entities (charter/party 

permitted fishing vessels) affected by 

this action are considered small entities 

under the Small Business 

Administration size standards for 

businesses in the recreational fishery 

with gross revenues of up to $7.0 

million. Therefore, there are no 

disproportionate effects on small versus 

large entities. Information on costs in 

the fishery is not readily available and 

individual vessel profitability cannot be 

determined directly; therefore, expected 

changes in gross revenues were used as 

a proxy for profitability. 

This action does not introduce any 

new reporting, recordkeeping, or other 

compliance requirements. This 

proposed rule does not duplicate, 

overlap, or conflict with other Federal 

rules. 

Description and Estimate of Number of 

Small Entities to Which the Rule Would 

Apply 

The proposed recreational 

management measures could affect any 

recreational angler who fishes for 

summer flounder, scup, or black sea 

bass in the EEZ or on a party/charter 

vessel issued a Federal permit for 

summer flounder, scup, and/or black 

sea bass. However, the only regulated 

entities affected by this action are party/ 

charter vessels issued a Federal permit 

for summer flounder, scup, and/or black 

sea bass, and so the IRFA focuses upon 

the expected impacts on this segment of 

the affected public. These vessels are all 

considered small entities for the 

purposes of the RFA, i.e., businesses in 

the recreational fishery with gross 

revenues of up to $7.0 million. These 

small entities can be specifically 

identified in the Federal vessel permit 

database and would be impacted by the 

recreational measures, regardless of 

whether they fish in Federal or state 

waters. Although fishing opportunities 

by individual recreational anglers may 

be impacted by this action, they are not 

considered small entities under the 

RFA. 

The Council estimated that the 

proposed measures could affect any of 

the 902 vessels possessing a Federal 

charter/party permit for summer 

flounder, scup, and/or black sea bass in 

2010, the most recent year for which 

complete permit data are available. 

However, only 355 vessels reported 

active participation in the 2010 

recreational summer flounder, scup, 

and/or black sea bass fisheries. 

Economic Impacts of the Proposed 

Action Compared to Significant NonSelected Alternatives 

In the IRFA, the no-action alternative 

(i.e., maintenance of the regulations as 

codified) is: (1) For summer flounder, 

coastwide measures of a 18-inch (45.72- 

cm) minimum fish size, a 2-fish 

possession limit, and an open season 

from May 1 through September 30; 

(2) for scup, a 10.5-inch (26.67-cm) 

minimum fish size, a 10-fish possession 

limit, and an open season of June 6 

through September 26; and (3) for black 

sea bass, a 12.5-inch (31.75-cm) 

minimum size, a 25-fish possession 

limit, and open seasons of May 22 

through October 11 and November 1 

through December 31. The status quo 

alternative is: (1) For summer flounder, 

conservation equivalency, with 

precautionary default measures of a 

20-inch (50.8-cm) minimum fish size, a 

2-fish possession limit, and an open 

season of May 1 through September 30; 

(2) for scup and black sea bass, the same 

as the no action alternative. The 

proposed alternative is: (1) For summer 

flounder, the same as the status quo 

alternative; (2) for scup, a 10.5-inch 

(26.67-cm) minimum fish size, a 10-fish 

possession limit, and an open season of 

January 1 through December 31; and (3) 

for black sea bass, a 12.5-inch 

(31.75-cm) minimum fish size and a 15- 

fish possession limit for an open season 

of January 1 through February 28, and 

a 12.5-inch (31.75-cm) minimum fish 

size and a 25-fish possession limit for 

open seasons of May 19 through October 

14 and November 1 through December 

31. 

The impacts of the alternatives on 

small entities (i.e., federally permitted 

party/charter vessels in each state in the 

Northeast region) were analyzed, 

assessing potential changes in gross 

revenues for all 18 combinations of 


srobinson on DSK4SPTVN1PROD with PROPOSALS
25398 Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 

alternatives proposed. Although 

NMFS’s RFA guidance recommends 

assessing changes in profitability as a 

result of proposed measures, the 

quantitative impacts were instead 

evaluated using expected changes in 

party/charter vessel revenues as a proxy 

for profitability. This is because reliable 

cost and revenue information is not 

available for charter/party vessels at this 

time. Without reliable cost and revenue 

data, profits cannot be discriminated 

from gross revenues. As reliable cost 

data become available, impacts to 

profitability can be more accurately 

forecast. Similarly, changes to long-term 

solvency were not assessed, due both to 

the absence of cost data and because the 

recreational management measures 

change annually according to the 

specification-setting process. Effects of 

the various management measures were 

analyzed by employing quantitative 

approaches, to the extent possible. 

Where quantitative data were not 

available, qualitative analyses were 

utilized. 

Because the proposed action is less 

restrictive than the other alternatives 

considered and provides the most 

opportunity for recreational fishing, the 

affected regulated entities are expected 

to be able to maximize fishery-related 

revenue under the preferred alternative 

relative to the non-preferred 

alternatives. The preferred alternative 

for scup would open the fishing season 

from June 6–September 26 to all year, 

and the preferred alternative for black 

sea bass would increase the summer 

season from May 22–October 11 to May 

19–October 14, plus provide for a two 

month season in January–February 

2013. For summer flounder, the 

preferred alternative for conservation 

equivalency is expected to increase 

fishing opportunities because, under the 

Commission’s plan, all states but one 

(Delaware) are authorized to increase 

landings in 2012. The Council and 

NMFS did not consider any alternatives 

that would provide additional fishing 

opportunities because any such 

alternative would increase the risk of 

the fishery exceeding the recreational 

harvest limit, which could result in 

overfishing the stock and/or exceeding 

the annual catch limit. This would be 

contrary to the goals and objectives of 

the Magnuson-Stevens Act. 

There are no new reporting or 

recordkeeping requirements contained 

in any of the alternatives considered for 

this action. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: April 25, 2012. 

Alan D. Risenhoover, 

Acting Deputy Director for Regulatory 

Programs, National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

2. In § 648.107, paragraph (a) 

introductory text and paragraph (b) are 

revised to read as follows: 

§ 648.107 Conservation equivalent 

measures for the summer flounder party/ 

charter and recreational fishery. 

(a) The Regional Administrator has 

determined that the recreational fishing 

measures proposed to be implemented 

by Massachusetts through North 

Carolina for 2012 are the conservation 

equivalent of the season, minimum fish 

size, and possession limit prescribed in 

§§ 648.105, 648.104(b), and 648.106(a), 

respectively. 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 subject to the recreational 

fishing measures of this part and 

registered in states whose fishery 

management measures are not 

determined by the Regional 

Administrator to be the conservation 

equivalent of the season, minimum size, 

and possession limit prescribed in 

§§ 648.105, 648.104(b) and 648.106(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—May 1 

through September 30; minimum size— 

20.0 inches (50.80 cm); and possession 

limit—two fish. 

3. Section 648.127 is revised to read 

as follows: 

§ 648.127 Scup recreational fishing 

season. 

Fishermen and vessels that are not 

eligible for a moratorium permit under 

§ 648.4(a)(6), may possess scup yearround, subject to the possession limit 

specified in § 648.128(a). The 

recreational fishing season may be 

adjusted pursuant to the procedures in 

§ 648.122. 

4. In § 648.128, paragraph (a) is 

revised to read as follows: 

§ 648.128 Scup possession restrictions. 

(a) Party/Charter and recreational 

possession limits. No person shall 

possess more than 20 scup in, or 

harvested from, 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 § 648.122. 

* * * * * 

5. In § 648.145, paragraph (a) is 

revised to read as follows: 

§ 648.145 Black sea bass possession limit. 

(a) From January 1 through February 

29, no person shall possess more than 

15 black sea bass in, or harvested from, 

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. 

From May 19 through October 14, and 

from November 1 through December 31, 

no person shall possess more than 25 

black sea bass in, or harvested from, 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. 

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 from January 1 

through February 29, or more than 25 

black sea bass from May 19 through 

October 14 and from November 1 

through December 31. 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 § 648.142. 

* * * * * 

6. Section 648.146 is revised to read 

as follows: 

§ 648.146 Black sea bass recreational 

fishing season. 

Vessels that are not eligible for a 

moratorium permit under § 648.4(a)(7), 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 83 / Monday, April 30, 2012 / Proposed Rules 25399 

and fishermen subject to the possession 

limit specified in § 648.145(a), may 

possess black sea bass from January 1 

through February 28, May 19 through 

October 14, and November 1 through 

December 31, unless this time period is 

adjusted pursuant to the procedures in 

§ 648.142. 

[FR Doc. 2012–10358 Filed 4–25–12; 4:15 pm] 

BILLING CODE 3510–22–P 


srobinson on DSK4SPTVN1PROD with PROPOSALS