780 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules 

require periodic certifications that the 

parties remain in compliance with the 

incubation proposal approved by the 

Commission. 

E. Steps Taken To Minimize Significant 

Economic Impact on Small Entities and 

Significant Alternatives Considered 

34. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standard; and (4) an exemption from 

coverage of the rule, or any part thereof, 

for small entities. 

35. To evaluate options and 

alternatives should there be a significant 

economic impact on small entities as a 

result of actions that have been 

proposed in this NPRM, the 

Commission has sought comment from 

the parties. The NPRM seeks comment 

on the costs and benefits associated 

with various proposals and alternatives 

such as how to structure the 

administration and oversight of an 

incubator program and specifically 

seeks comment on ways to reduce the 

burdens on small entities. Overall, 

however, the Commission believes that 

small entities will benefit from their 

participation in an incubator 

arrangement by getting access to capital 

and/or operational assistance that they 

may otherwise lack, which may 

minimize any economic impact that 

may be incurred by small entities. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

36. None. 

VI. Ordering Clauses 

37. Accordingly, it is ordered that, 

pursuant to the authority contained in 

sections 1, 2(a), 4(i), 257, 303, 307, 309, 

310, and 403 of the Communications 

Act of 1934, as amended, 47 U.S.C. 151, 

152(a), 154(i), 257, 303, 307, 309, 310, 

and 403, and section 202(h) of the 

Telecommunications Act of 1996, the 

Notice of Proposed Rulemaking is 

adopted. 

38. It is further ordered that, pursuant 

to applicable procedures set forth in 

sections 1.415 and 1.419 of the 

Commission’s rules, 47 CFR 1.415, 

1.419, interested parties may file 

comments on the NPRM in MB Docket 

No. 17–289 on or before March 9, 2018 

and reply comments on or before April 

9, 2018. 

39. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

the NPRM, including the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Katura Jackson, 

Federal Register Liaison Officer. Office of the 

Secretary. 

[FR Doc. 2017–28328 Filed 1–5–18; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 171023999–7999–01] 

RIN 0648–BH35 

Fisheries of the Northeastern United 

States; Black Sea Bass Fishery; 2018 

February Recreational Management 

Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes recreational 

management measures for a February 

2018 black sea bass fishery. The 

proposed action is intended to provide 

additional recreational black sea bass 

fishing opportunities while maintaining 

management measures to prevent 

overfishing. This action is also intended 

to inform the public of these proposed 

measures and to provide an opportunity 

for comment. 

DATES: Comments must be received by 

5 p.m. local time, on January 23, 2018. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2017–0151, by either of the 

following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0151, 

2. Click the ‘‘Comment Now!’’ icon, 

complete the required fields, and 

3. Enter or attach your comments. 

—OR— 

Mail: Submit written comments to 

John Bullard, Regional Administrator, 

National Marine Fisheries Service, 55 

Great Republic Drive, Gloucester, MA 

01930. Mark the outside of the 

envelope: ‘‘Comments on the Proposed 

Rule for 2018 Black Sea Bass February 

Recreational Fishery.’’ 

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 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). 

A draft environmental assessment 

(EA) has been prepared for this action 

that describes the proposed measures 

and other considered alternatives, as 

well as provides an analysis of the 

impacts of the proposed measures and 

alternatives. Copies of this draft EA, 

including the Regulatory Flexibility Act 

Analysis (RFAA) and Regulatory Impact 

Review (RIR), are available online at 

www.greateratlantic.fisheries.noaa.gov, 

or on request from John Bullard, 

Regional Administrator, National 

Marine Fisheries Service, 55 Great 

Republic Drive, Gloucester, MA 01930. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Hanson, Fishery Management 

Specialist, (978) 281–9180. 

SUPPLEMENTARY INFORMATION: 

General Background 

The Mid-Atlantic Fishery 

Management Council and the Atlantic 

States Marine Fisheries Commission 

jointly manage the summer flounder, 

scup, and black sea bass fisheries under 

the provisions of the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan (FMP). The 

management unit specified in the FMP 

for black sea bass (Centropristis striata) 

is U.S. waters of the Atlantic Ocean 

from 35 E 13.3′ N lat. (the latitude of 

Cape Hatteras Lighthouse, Buxton, 

North Carolina) north to the U.S./ 

Canada border. States manage black sea 

bass through the Commission’s plan 

within 3 nautical miles (4.83 km) of 

their coasts. The applicable Federal 

regulations govern vessels and 

individual anglers fishing in Federal 

waters of the exclusive economic zone 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules 781 

(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 with four parts: 

The recreational harvest limit; the open 

season; minimum fish size; and a perangler possession 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.’’ 

Action Background 

In 2017, the results of the 2016 

benchmark assessment showed that the 

black sea bass stock is not overfished, 

overfishing is not occurring, and 

biomass is 2.3 times higher than the 

biomass target. These findings led both 

the Council and Commission to 

reconsider reopening a recreational 

Wave 1 (January and February) black sea 

bass fishery in 2018 as a way to increase 

access and recreational fishing 

opportunity while still constraining 

landings within the recreational harvest 

limit. The current Federal recreational 

black sea fishing seasons are May 15 

through September 21 and October 22 

through December 31, and the last time 

this fishery was open during Wave 1 

was in 2013. 

In October 2017, both the Council and 

Commission approved the addition of a 

February-only black sea bass 

recreational season for 2018, with the 

continued recreational measures of a 

15-fish per-angler possession limit, and 

a 12.5-inch (31.75-cm) minimum size. 

The Council also agreed to work on the 

implementation of a winter recreational 

Letter of Authorization (LOA) program 

for 2019 and beyond. The LOA program 

would provide more robust monitoring 

and reporting for a limited winter 

recreational fishery; however, changes 

of this magnitude require a framework 

adjustment to the FMP and cannot be 

developed in time for 2018. 

Proposed Action 

This action proposes to revise the 

current 2018 Federal recreational 

management measures for black sea bass 

to include an additional 28-day fishing 

season during the month of February. 

The current recreational management 

measures of a 12.5-inch (31.75-cm) 

minimum fish size and 15-fish 

possession limit would also apply. To 

account for expected harvest during this 

February season, the Council and 

Commission calculated a catch estimate 

of 100,000 lb (45.36 mt). Because there 

are no Marine Recreational Information 

Program survey data for Wave 1 in the 

black sea bass fishery, this catch 

estimate is based on 2013 vessel trip 

report (VTR) data from federally 

permitted for-hire vessels that was 

expanded to account for potential effort 

from the private/rental and shore 

modes. We propose to reduce the 2018 

black sea bass recreational harvest limit 

(3.66 million lb, 1,661 mt) by the 

estimated catch of 100,000 lb (45.36 mt), 

consistent with the Council and 

Commission recommendation. 

However, only states that participate in 

the proposed February fishery will be 

accountable for this estimated catch. 

Participating states would be required to 

adjust measures for the remainder of 

2018, developed through the 

Commission process, to account for the 

estimated February catch. 

This action is only intended to be in 

place for the 2018 fishing year. The 

intent of this proposed action is to allow 

for some recreational fishing access 

during Wave 1 in 2018 while the longterm framework adjustment is 

developed. The Council and 

Commission will develop and make 

recommendations on management 

measures for the remainder of the 2018 

recreational fishery, including those to 

accommodate this additional winter 

season, throughout the spring of 2018. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson Stevens Fishery Conservation 

and Management Act (MagnusonStevens Act), the NMFS 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 prepared an initial regulatory 

flexibility analysis (IRFA), as required 

by section 603 of the Regulatory 

Flexibility Act (RFA), to examine the 

impacts of this proposed rule on small 

business entities, if adopted. A 

description of the management 

measures, why they are being 

considered, and the legal basis for this 

action are contained at the beginning of 

this section and in the preamble to this 

proposed rule. A copy of the RFA 

analysis is available from NMFS (see 

ADDRESSES). 

Description of the Reasons Why Action 

by the Agency Is Being Considered 

This action proposes a revision to the 

2018 Federal recreational management 

measures for black sea bass to include 

an additional 28-day fishing season 

during the month of February. The 

proposed measures would increase 

recreational fishing access and 

opportunity while still constraining 

landings within the recreational harvest 

limit. 

Statement of the Objectives of, and 

Legal Basis for, This Proposed Rule 

The legal basis and objectives for this 

action are contained in the preamble to 

this proposed rule, and are not repeated 

here. 

Description and Estimate of the Number 

of Small Entities to Which This 

Proposed Rule Would Apply 

The North American Industry 

Classification System (NAICS) is the 

standard used by Federal statistical 

agencies in classifying business 

establishments for the purpose of 

collecting, analyzing, and publishing 

statistical data related to the U.S. 

business economy. A business primarily 

engaged in for-hire fishing activity is 

classified as a small business if it has 

combined annual receipts not in excess 

of $7.5 million (NAICS 11411) for RFA 

compliance purposes only. 

This proposed rule affects recreational 

fish harvesting entities engaged in the 

black sea bass fishery. Individually 

permitted vessels may hold permits for 

several fisheries, harvesting species of 

fish that are regulated by several 

different FMPs, even beyond those 

affected by the proposed action. 

Furthermore, multiple-permitted vessels 

and/or permits may be owned by 

entities affiliated by stock ownership, 

common management, identity of 

interest, contractual relationships, or 

economic dependency. For the purposes 

of RFA analysis, the ownership entities, 

not the individual vessels, are 

considered to be the regulated entities. 

Ownership entities (firms) are defined 

as those entities with common 

ownership personnel as listed on the 

permit application. Only permits with 

identical ownership personnel are 

categorized as an ownership entity. For 

example, if five permits have the same 

seven persons listed as co-owners on 

their permit applications, those seven 

persons would form one ownership 

entity that holds those five permits. If 

two of those seven owners also co-own 

additional vessels, that ownership 

arrangement would be considered a 

separate ownership entity for the 

purpose of this analysis. 

The current ownership data set used 

for this analysis is based on calendar 

year 2016 (the most recent complete 

year available) and contains average 

gross sales associated with those 


jstallworth on DSKBBY8HB2PROD with PROPOSALS
782 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Proposed Rules 

permits for calendar years 2014 through 

2016. The ownership data for the forhire fleet indicate that there were 406 

for-hire permits that generated revenues 

from recreational fishing for various 

species during the 2014–2016 period. Of 

these permits there were 328 that were 

not affiliated with any other ownership 

group. The remaining 78 for-hire vessels 

were comprised of affiliated ownership 

groups with between 2 and 6 for-hire 

vessels for a total of 359 for-hire affiliate 

firms; all of which are categorized as 

small businesses. Based on the threeyear average (2014–2016) combined 

gross receipts from all fishing activities, 

including commercial fishing, these 

affiliated entities earned 99% of all sales 

from their for-hire business. The 

aggregate three-year average earnings 

from all for-hire fishing activity for 

these small entities was $53.1 million. 

Three-year average receipts per entity 

ranged from under $10,000 for 99 small 

entities to over one million dollars for 

11 small entities. Although it is not 

possible to derive what proportion of 

the overall revenues came from specific 

fishing activities, further analysis 

conducted by the Council and NMFS 

during the development of this action 

identified that in 2016 there were 291 

for-hire entities that recreationally 

caught black sea bass catch. In 2013, the 

last year that a Wave 1 recreational 

black sea bass fishery was open, 331 forhire firms caught black sea bass 

recreationally; however, only 39 of 

those were active during the Wave 1 

period. While these are the best 

available estimates of potential 

participation in the February season 

proposed by this action, these numbers 

are not necessarily indicative of the 

number of entities that will actually 

participate. Through this IRFA we are 

soliciting feedback from participants to 

more effectively gauge potential impacts 

of this action. 

Description of the Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of This Proposed Rule 

There are no new reporting or 

recordkeeping requirements contained 

in any of the alternatives considered for 

this action. 

Federal Rules Which May Duplicate, 

Overlap, or Conflict With This Proposed 

Rule 

NMFS is not aware of any relevant 

Federal rules that may duplicate, 

overlap, or conflict with this proposed 

rule. 

Description of Significant Alternatives 

to the Proposed Action Which 

Accomplish the Stated Objectives of 

Applicable Statutes and Which 

Minimize Any Significant Economic 

Impact on Small Entities 

The proposed measures to open a 

February season are designed to 

increase fishing opportunity in the 2018 

recreational black sea bass fishery while 

maintaining harvest within the 

recreational harvest limit and annual 

catch limit. Business entities that hold 

charter/party permits and are active 

participants in the fishery may benefit if 

they decide to participate in this new 

fishing season. This action would allow 

recreational access to black sea bass in 

Federal waters during the month of 

February, when there are fewer other 

species available to target. This adds to 

the revenue potential for charter/party 

entities in this ‘‘off’’ season. Even 

accounting for some level of reduced 

black sea bass catch in the later, peak 

summer and fall seasons to balance out 

harvest from this extra season, charter/ 

party entities should be able to continue 

to generate revenue and book trips by 

supplementing business with other 

available target species during the peak 

fishing seasons. Therefore, the economic 

impacts of this action are expected to be 

minimally positive. Because the exact 

number of participants in this fishery 

are unknown at this time, it is not 

possible to quantify the degree of 

potential economic benefit that the 

Federal fishery may have. Similarly, 

because the full 2018 fishing year 

measures will not be developed until 

spring of 2018, we cannot determine 

how substantial the changes may be that 

are required for participating states. It is 

expected that entities could offset the 

effects of potential reductions during 

peak black sea bass seasons by targeting 

other species. The earlier we gain an 

understanding of the level of interest 

and potential participation in this 

February season, the better we can 

accurately analyze the potential impacts 

of this action on small entities. 

There were two alternatives (status 

quo and opening during both January 

and February) to the proposed action 

that were also considered. The status 

quo alternative maintains the current 

recreational seasons for black sea bass 

(May 15 through September 21, and 

October 22 through December 31), with 

no additional seasons or changes to the 

projected measures. This alternative is 

not preferred, as it does not take 

advantage of the favorable stock 

assessment report; nor increase any 

access or opportunity in the recreational 

black sea bass fishery. 

The Council also considered opening 

an additional recreational black sea bass 

season in 2018 for the entirety of Wave 

1 (January and February). This 

alternative is similar to the preferred 

alternative, and would create more 

recreational fishing opportunity in 

winter 2018 with a longer additional 

season. However, given the lack of 

recreational data available during Wave 

1, the time constraints involved with 

developing and implementing a 

specifications rule by January, and the 

potential disproportionate impacts to 

state recreational fisheries later in the 

year because higher estimated catch 

would likely occur in a longer winter 

fishery, the Council preferred a shorter 

2018 winter fishery. 

The Council recommended, and we 

are proposing, a February recreational 

fishery to satisfy the Magnuson-Stevens 

Act requirements to ensure fish stocks 

are not subject to overfishing, while 

allowing the greatest access to the 

fishery, and opportunity to achieve 

optimum yield. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: January 2, 2018. 

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 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. 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), 

and fishermen subject to the possession 

limit specified in § 648.145(a), may only 

possess black sea bass from February 1 

through February 28, May 15 through 

September 21, and October 22 through 

December 31, unless this time period is 

adjusted pursuant to the procedures in 

§ 648.142. 

[FR Doc. 2018–00065 Filed 1–5–18; 8:45 am] 

BILLING CODE 3510–22–P 


jstallworth on DSKBBY8HB2PROD with PROPOSALS