[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Rules and Regulations]
[Pages 15692-15693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06797]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 141103917-5223-02]
RIN 0648-BE60


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Black Sea Bass 
Fishery; Framework Adjustment 8

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is implementing regulations consistent with Framework 
Adjustment 8 to the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan. This action allows the black sea bass recreational 
fishery to begin on May 15 of each year, instead of May 19, to provide 
additional fishing opportunities earlier in the year, unless otherwise 
modified by further rulemaking.

DATES: Effective April 24, 2015.

ADDRESSES: Copies of the Supplemental Information Report and other 
supporting documents for this action are available from Dr. Christopher 
M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 
Suite 201, 800 N. State Street, Dover, DE 19901. These documents are 
also accessible via the Internet at: http://www.greateratlantic.fisheries.noaa.gov.

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 and the Atlantic States Marine 
Fisheries Commission, in consultation with the New England and South 
Atlantic Fishery Management Councils. This rule applies to 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, 
North Carolina) northward to the U.S./Canada border.
    The FMP is managed jointly by the Council and Commission. States 
manage black sea bass within 3 nautical miles (4.83 km) of their coasts 
under the Commission's plan. The applicable Federal regulations govern 
vessels and individual anglers fishing in Federal waters of the 
exclusive economic zone (EEZ), as well as vessels possessing a Federal 
black sea bass charter/party vessel permit, regardless of where they 
fish. The recreational fishery is essentially managed using four tools: 
The recreational harvest limit; the open season; minimum fish size; and 
a recreational angler bag limit. The recreational harvest limit is 
established based on the specifications formula in the FMP. The open 
season, minimum fish size, and bag limit are collectively referred to 
as the ``recreational management measures,'' which are designed to 
ensure that the recreational harvest limit is not exceeded. Because of 
the way we collect recreational fisheries data along the Atlantic 
coast, recreational fishing years are divided into 2-month waves: Wave 
1 (January/February); Wave 2 (March/April); Wave

[[Page 15693]]

3 (May/June); Wave 4 (July/August); Wave 5 (September/October); and 
Wave 6 (November/December). In the last several years, the black sea 
bass recreational season has opened during Wave 3. Additional 
background information on the standard recreational management process 
was provided in the proposed rule for this action (79 FR 78022; 
December 29, 2014), and is not repeated here. Additional background 
information on recreational fishing data can be found on the Marine 
Recreational Information Program's Web site (http://www.st.nmfs.noaa.gov/recreational-fisheries).

Final Action

    This action revises the start date of the black sea bass 
recreational fishery by four days to begin on May 15 instead of May 19, 
unless otherwise changed by subsequent rulemaking.
    In recent years, the black sea bass recreational harvest limit has 
been achieved or exceeded. Because of this, starting the season on May 
15 (i.e., earlier in Wave 3) requires the Council to compensate by 
shortening the Wave 5 season, when fishing effort is equivalent to Wave 
3, by four days, in addition to other potential management changes, to 
ensure that the recreational harvest limit is not exceeded in 2015. The 
Council made the necesary recommendations on other management measures, 
including shortening Wave 5 to accommodate the earlier season opening, 
at its December 2014 meeting. The Commission is also preparing state-
by-state management measures for the 2015 season in order to ensure the 
recreational harvest limit is not exceeded. Pending submission and 
review of the Council's and Commission's proposed recreational 
management measures, NMFS will implement further changes to the black 
sea bass recreational management measures in a subsequent rulemaking 
later this year.

Comments and Responses

    Two comments were received on the proposed rule.
    Comment: One commenter stated that the start date for the black sea 
bass season should not be changed to make the season longer.
    Response: As described above, the Wave 5 season will be adjusted in 
a future rulemaking action, as recommended by the Council and 
Commission, to offset the extra days added to Wave 3, so the fishing 
season as a whole is not getting longer. Because of the timing of the 
normal recreational management measures rulemaking, in order have the 
change effective for fishing year 2015, we needed to separate the 
changes into two rulemakings.
    Comment: A second commenter simply stated that black sea bass are 
delicious.
    Response: NMFS agrees (see FishWatch at http://www.fishwatch.gov), 
but this comment is not directly relevant to the action.

Changes From the Proposed Rule

    There are no changes from the proposed measures.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
this framework adjustment is necessary for the conservation and 
management of the black sea bass fishery and that it is consistent with 
the Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration 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. As a result, a Final Regulatory 
Flexibility Analysis was not required and none was prepared.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 18, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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


0
2. Section 648.146 is revised to read as follows:


Sec.  648.146  Black sea bass recreational fishing season.

    Vessels that are not eligible for a 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 18, and October 18 through December 31, unless this time 
period is adjusted pursuant to the procedures in Sec.  648.142.

[FR Doc. 2015-06797 Filed 3-24-15; 8:45 am]
 BILLING CODE 3510-22-P