Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 22863 

(NARA). Contact FRA at: Federal Railroad 

Administration, Docket Clerk, 1200 New 

Jersey Avenue SE, Washington, DC 20590; 

phone: (202) 493–6052; email: FRALegal@

dot.gov. For information on the availability of 

this material at NARA, email fr.inspection@

nara.gov or go to www.archives.gov/federalregister/cfr/ibr-locations.html. The material 

may be obtained from the following source(s) 

in this paragraph d. 

(1) ASTM International, 100 Barr Harbor 

Drive, P.O. Box C700, West Conshohocken, 

PA 19428–2959 phone: (610) 832–9585; 

www.astm.org. 

(i) ASTM C90–16a, ‘‘Standard 

Specification for Loadbearing Concrete 

Masonry Units,’’ 2016. 

(ii) ASTM C33/C33M–18, ‘‘Standard 

Specification for Concrete Aggregates,’’ 2018. 

(2) [Reserved] 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2022–07838 Filed 4–15–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 220411–0091] 

RIN 0648–BL20 

Fisheries of the Northeastern United 

States; Recreational Management 

Measures for the Summer Flounder, 

Scup, and Black Sea Bass Fisheries; 

Fishing Year 2022 

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 2022 summer flounder, 

scup, and black sea bass recreational 

fisheries. The implementing regulations 

for this fishery require NMFS to publish 

recreational measures for the fishing 

year and to provide an opportunity for 

public comment. The intent of this 

action is to set management measures 

that allow the recreational fisheries to 

achieve, but not exceed, the recreational 

harvest limits and thereby prevent 

overfishing of the summer flounder, 

scup, and black sea bass stocks. 

DATES: Comments must be received by 

May 3, 2022. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2022–0042, by the following 

method: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0042 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Emily Keiley, Fishery Policy Analyst, 

(978) 281–9116. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mid-Atlantic Fishery 

Management Council and the Atlantic 

States Marine Fisheries Commission 

cooperatively manage summer flounder, 

scup, and black sea bass. The Council 

and the Commission’s Management 

Boards meet jointly each year to 

recommend recreational management 

measures. Recreational management 

measures are required to be set so that 

recreational harvest achieves, but does 

not exceed, the recreational harvest 

limit (RHL). For summer flounder and 

black sea bass, we must implement 

coastwide measures or approve 

conservation-equivalent measures per 

50 CFR 648.102(d) and 648.142(d), as 

soon as possible following the Council 

and Commission’s recommendation. 

This action proposes establishing 

conservation equivalency for both 

species in 2022. For scup, the 

regulations require us to propose 

additional management measures if the 

measures recommended by the Council 

and Commission alone will not 

constrain harvest as needed. As such, 

we are proposing a Federal recreational 

closure because harvest is expected to 

exceed the 2022 RHL and the 

adjustments recommended by the 

Council and Commission alone will not 

achieve the necessary reduction. 

Recreational Management Measures 

Process 

The Summer Flounder, Scup, and 

Black Sea Bass Fishery Management 

Plan (FMP) establishes a Monitoring 

Committee consisting of representatives 

from the Commission, the Council, state 

marine fishery agencies from 

Massachusetts to North Carolina, and 

NMFS. The FMP’s implementing 

regulations require the Monitoring 

Committee to review scientific and 

other relevant information annually. 

The objective of this review is to 

recommend management measures to 

the Council that will constrain landings 

within the RHL for the upcoming 

fishing year. The FMP restricts the 

options for managements measures to 

minimum and maximum fish size 

limits, per angler possession limits, and 

timing of the fishing season. 

The Council and the Board then 

consider the Monitoring Committee’s 

recommendations and any public 

comment in making their 

recommendations. The Council 

forwards its recommendations to NMFS 

for review. The Commission similarly 

adopts recommendations for the states. 

NMFS is required to review the 

Council’s recommendations to ensure 

that they are consistent with the targets 

specified for summer flounder, scup, 

and black sea bass in the FMP and all 

applicable laws and Executive Orders 

before ultimately implementing 

measures for Federal waters. 

Commission measures are final at the 

time they are adopted. 

2022 Scup Recreational Management 

Measures 

The current Federal recreational scup 

management measures are a 9-inch 

(22.86-cm) minimum fish size, a 50-fish 

per person possession limit, and a yearround open season. State measures are 

similar but vary slightly due to 

differences in scup availability. 

Recreational landings in 2020 were 

12.91 million lb (5,855 mt), which was 

nearly twice the 2020 RHL of 6.51 

million lb (2,952 mt). The 2022 RHL is 

6.08 million lb (2,757 mt), and harvest 

projections indicate that a 56-percent 

reduction in catch would be needed to 

constrain harvest to the 2022 RHL. 

The Council and Board proposed a 1- 

inch (2.54-cm) increase to the scup 

recreational minimum size in state and 

Federal waters for 2022. In Federal 

waters, this results in a 10-inch total 

length minimum size. Collectively, this 

change in both state and Federal waters 

is expected to achieve an approximate 

33-percent reduction in harvest. This is 

less than the estimated 56-percent 

reduction in harvest needed to constrain 

recreational harvest to the 2022 RHL. 

Because the action proposed by the 

Council and Board would not 

sufficiently reduce scup harvest as 


khammond on DSKJM1Z7X2PROD with PROPOSALS
22864 Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 

required by the FMP, we are required by 

the regulations at 50 CFR 648.122(b) to 

propose additional measures to ensure 

the scup recreational annual catch limit 

is not exceeded. We are proposing a 

closure for Federal waters, which is the 

only management measure available 

that would result in any meaningful 

reduction in harvest, even though less 

than 6 percent, on average, of 

recreational scup catch comes from 

Federal waters, and a reduction in catch 

of an additional 23 percent is needed to 

achieve, but not exceed, the RHL. This 

closure as proposed would apply to all 

recreational vessels fishing in Federal 

waters and all federally permitted forhire vessels fishing in either state or 

Federal waters. While such a closure is 

not expected to achieve the full 23- 

percent reduction, we are required, per 

the FMP’s implementing regulations, to 

propose additional management 

measures as the Council’s and 

Commission’s recommendations do not 

ensure that the recreational ACL would 

not be exceeded. Given the potential 

impacts of the closure we are seeking 

comments on additional or alternative 

measures that may also achieve the 

overarching objective of constraining 

harvest to the annual catch limit and 

preventing overfishing. 

Summer Flounder and Black Sea Bass 

Conservation Equivalency 

Under conservation equivalency, 

Federal recreational measures are 

waived and federally permitted party/ 

charter vessels and all recreational 

vessels fishing in Federal waters are 

subject to the recreational fishing 

measures implemented by the state in 

which they land. This approach allows 

for more customized measures at a state 

or regional level that are likely to meet 

the needs of anglers in each area, 

compared to coastwide measures that 

may be advantageous to anglers in some 

areas and unnecessarily restrictive in 

others. The combination of state or 

regional measures must be ‘‘equivalent’’ 

in terms of conservation (i.e., not 

expected to exceed the RHL) to a set of 

‘‘non-preferred coastwide measures,’’ 

which are recommended by the Council 

and the Board each year. 

The Council and Board annually 

recommend that either state- or regionspecific recreational measures be 

developed (conservation equivalency) or 

that coastwide management measures be 

implemented to ensure that the RHL 

will not be exceeded. Even when the 

Council and Board recommend 

conservation equivalency, the Council 

must specify a set of non-preferred 

coastwide measures that would apply if 

conservation equivalency is not 

approved for use in Federal waters. 

When conservation equivalency is 

recommended, and following 

confirmation by the Commission that 

the proposed state or regional measures 

developed through its technical and 

policy review processes achieve 

conservation equivalency, NMFS may 

waive, for the duration of the fishing 

year, the permit condition found at 50 

CFR 648.4(b) that requires Federal 

permit holders to comply with the more 

restrictive management measures when 

state and Federal measures differ. In 

such a situation, federally permitted 

summer flounder and black sea bass 

charter/party permit holders and 

individuals fishing for summer flounder 

and black sea bass in the exclusive 

economic zone (EEZ) are subject to the 

recreational fishing measures 

implemented by the state in which they 

land, rather than the coastwide 

measures. Conservation equivalency 

expires at the end of each fishing year 

(December 31). 

In addition, the Council and the 

Board must recommend precautionary 

default measures when recommending 

conservation equivalency. The 

Commission would require adoption of 

the precautionary default measures by 

any state that either does not submit a 

management proposal to the 

Commission’s Technical Committee or 

that submits measures that are not 

conservationally equivalent to the 

coastwide measures. 

The development of conservationequivalency measures happens at both 

the Commission and at the individual 

state level. The selection of appropriate 

data and analytical techniques for 

technical review of potential state 

conservation-equivalent measures and 

the process by which the Commission 

evaluates and recommends proposed 

conservation-equivalent measures are 

wholly a function of the Commission 

and its individual member states. 

Individuals seeking information 

regarding the process to develop 

specific state or regional measures or the 

Commission process for technical 

evaluation of proposed measures should 

contact the marine fisheries agency in 

the state of interest, the Commission, or 

both. 

Once the states and regions select 

their final 2022 summer flounder and 

black sea bass management measures 

through their respective development, 

analytical, and review processes and 

submit them to the Commission, the 

Commission will conduct further review 

and evaluation of the submitted 

proposals, ultimately notifying NMFS as 

to which proposals have been approved 

or disapproved. NMFS has no 

overarching authority in the 

development of state or Commission 

management measures but is an equal 

participant along with all the member 

states in the review process. NMFS 

neither approves nor implements 

individual states’ measures but retains 

the final authority either to approve or 

to disapprove the use of conservation 

equivalency in place of the coastwide 

measures in Federal waters. The final 

combination of state and regional 

measures will be detailed in a letter 

from the Commission to the Regional 

Office certifying that the combination of 

state and regional measures have met 

the conservation objectives under 

Addendum XXXII to the Commission’s 

Interstate FMP and are expected to 

constrain catch to the 2022 recreational 

harvest limit. NMFS will publish its 

determination on 2022 conservational 

equivalency as a final rule in the 

Federal Register following review of the 

Commission’s determination and any 

other public comment on this proposed 

rule. 

2022 Summer Flounder Recreational 

Management Measures 

This action proposes adopting 

conservation equivalency for summer 

flounder in 2022, with regional 

measures expected to achieve, but not 

exceed, the 2022 RHL of 10.36 million 

lb (4,699 mt). Based on the analysis 

conducted by the Monitoring 

Committee, the Council and Board 

recommended that recreational summer 

flounder measures can be liberalized, 

allowing for up to a 16.5-percent 

increase in recreational harvest. 

For 2022, non-preferred coastwide 

measures approved by the Council and 

Board are a 18.5-inch (47-cm) minimum 

fish size, a 4-fish per person possession 

limit, and an open season from May 15– 

September 15. The only adjustment 

compared to 2021 is a decrease in the 

non-preferred minimum size from 19- 

inches to 18.5-inches (48.26-cm to 

21.59-cm) total length. The coastwide 

measures become the default 

management measures in the 

subsequent fishing year, in this case 

2023, until the joint process establishes 

either coastwide or conservationequivalency measures for the next year. 

The 2022 precautionary default 

measures recommended by the Council 

and Board are identical to those in place 

for 2021: A 20.0-inch (50.8-cm) 

minimum fish size; a 2-fish per person 

possession limit; and an open season of 

July 1–August 31, 2022. These measures 

may be assigned by the Commission if 

conservation equivalency is approved 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 22865 

but a state or region does not submit a 

conservationally equivalent proposal. 

2022 Black Sea Bass Recreational 

Management Measures 

This action proposes adopting 

conservation equivalency for black sea 

bass in 2022, with regional measures 

expected to achieve, but not exceed, the 

2022 RHL of 6.74 million lb (3,057 mt). 

To achieve but not exceeded the RHL, 

a harvest reduction of 20.7 percent is 

needed. Preliminary analysis suggested 

the need for a 28-percent reduction, but 

subsequent analyses conducted by the 

Technical Committee resulted in the 

Council and Board adopting a reduction 

target of 20.7 percent. Consistent with 

this required reduction, the Council and 

Board recommended the following 

coastwide measures: A 14-inch (35.56- 

cm) minimum size; a 5-fish possession 

limit; and an open season of May 15– 

October 8. The recommended 

precautionary default measures are a 16- 

inch (40.64-cm) minimum size, a 3-fish 

possession limit, and an open season of 

June 24–December 31. 

Regulatory Requirements 

The current regulations developed by 

the Mid-Atlantic Fishery Management 

Council for summer flounder, scup, and 

black sea bass require NMFS to 

implement recreational management 

measures that are projected to ensure 

the sector-specific ACL for an upcoming 

fishing year or years will not be 

exceeded. The regulations do not 

provide flexibility to consider factors 

such as biomass or fishing mortality in 

the measure-setting process. Black sea 

bass and scup are at high levels of 

biomass, but projected recreational 

catch and harvest significantly exceeds 

the previously adopted ACLs and RHLs. 

The current recreational management 

measure setting process was developed 

as part of the FMP by the Council in 

conjunction with the Board. We are 

required to act consistent with the 

regulations implementing the 

previously approved FMP. Absent 

Secretarial action, NMFS cannot change 

the process for setting recreational 

management measures, including the 

factors considered. We are required to 

propose recreational management 

measures (possession limit, size limit, 

and season) that are expected to achieve 

the recreational ACL. The Council and 

Board are currently considering changes 

to the recreational management process. 

Until the Council and Board take action 

to modify the FMP’s underlying 

requirements relating to the setting of 

recreational management measures, we 

are required to propose recreational 

management measures consistent with 

the FMP requirements and 

corresponding regulations. 

Classification 

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

Magnuson-Stevens Act, the Assistant 

Administrator has determined that this 

proposed rule is consistent with the 

Summer Flounder, Scup, and Black Sea 

Bass FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule has been determined 

to be not significant for purposes of 

Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. The Council conducted an 

evaluation of the potential 

socioeconomic impacts of the proposed 

measures. According to the commercial 

ownership database, 361 for-hire 

affiliate firms generated revenues from 

recreational fishing for various species 

during the 2018–2020 period. All of 

those business affiliates are categorized 

as small businesses. For purposes of the 

Regulatory Flexibility Act, a for-hire 

recreational fishing business with 

receipts of up to $11 million is 

considered a small entity. The 3-year 

average (2018–2020) combined gross 

receipts (all for-hire fishing activity 

combined) for these small entities was 

$49,916,903, ranging from less than 

$10,000 for 105 entities (lowest value 

$46) to over $1,000,000 for 8 entities 

(highest value $3.6 million). Estimating 

what proportion of the overall revenues 

of these for-hire firms came from fishing 

activities for an individual species is not 

possible. Nevertheless, given the 

popularity of summer flounder, scup, 

and black sea bass as a recreational 

species in the Mid-Atlantic and New 

England, revenues generated from these 

species are likely very important for 

many of these firms at certain times of 

the year. 

For summer flounder and black sea 

bass, this proposed action would waive 

Federal measures in lieu of state 

measures designed to reach the 2022 

harvest limits. For scup, this action 

proposes to close the Federal 

recreational scup fishery (zero 

possession), and increase the Federal 

minimum size from 9 to 10 inches 

(22.86 to 25.4 cm). The economic 

impacts of the proposed measures in 

this action will be affected in part by the 

specific set of measures implemented at 

the state level. The impacts are likely to 

vary by state, but 2022 state measures 

will likely be liberalized for summer 

flounder, and will be more restrictive 

for black sea bass and scup compared to 

2018–2021. 

The entities affected by this action 

include recreational for-hire operations 

holding federal summer flounder, scup, 

or black sea bass party/charter permits. 

For-hire revenues are impacted by a 

variety of factors, including regulations 

and demand for for-hire trips for 

summer flounder, scup, black sea bass, 

and other potential target species; 

weather; the economy; and other factors. 

In addition, under similar regulations, 

recreational harvest of these species is 

variable. Therefore, it is not possible to 

accurately quantify the economic 

impact of the summer flounder 

liberalization or the black sea bass or 

scup restrictions on for-hire revenues. 

However, it would generally be 

expected that for-hire revenues may 

slightly increase in 2022 in response to 

the summer flounder liberalization and 

slightly decrease in response to the 

black sea bass and scup restrictions, 

assuming all other factors that impact 

revenues are unchanged. 

The proposed Federal scup closure 

would apply to all vessels fishing in 

Federal waters, and any Federal scup 

charter/party permit holder. Because 

for-hire revenues are generated by trip 

sales and not harvest, and because scup 

generally not the primary, or only target 

species, during recreational trips, NMFS 

does not believe that the proposed 

closure would have a significant impact 

on for-hire revenues. Furthermore, 

impacts to Federal permit holders may 

be reduced if these vessels ‘‘drop’’ their 

Federal scup permit for the remainder of 

the fishing year, allowing them to 

continue to target and retain scup in 

state waters, in accordance with state 

regulations. 

Therefore, although it is not possible 

to accurately quantify the economic 

impact of the summer flounder 

liberalization or the black sea bass or 

scup restrictions on for-hire revenues, it 

would generally be expected that forhire revenues may slightly increase in 

2022 in response to the summer 

flounder liberalization and slightly 

decrease in response to the black sea 

bass and scup restrictions, assuming all 

other factors that impact revenues are 

unchanged. As a result, this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. Therefore, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

This proposed rule contains no 

information collection requirements 


khammond on DSKJM1Z7X2PROD with PROPOSALS
22866 Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: April 11, 2022. 

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. In § 648.104, revise paragraph (b) to 

read as follows: 

§ 648.104 Summer flounder size 

requirements. 

* * * * * 

(b) Party/charter permitted vessels 

and recreational fishery participants. 

The minimum size for summer flounder 

is 18.5-inches (47 cm) total length for all 

vessels that do not qualify for a summer 

flounder moratorium permit under 

§ 648.4(a)(3), and charter boats holding 

a summer flounder moratorium permit 

if fishing with more than three crew 

members, or party boats holding a 

summer flounder moratorium permit if 

fishing with passengers for hire or 

carrying more than five crew members, 

unless otherwise specified in the 

conservation equivalency regulations at 

§ 648.107. If conservation equivalency is 

not in effect in any given year, 

possession of smaller (or larger, if 

applicable) summer flounder harvested 

from state waters is allowed for stateonly permitted vessels when transiting 

Federal waters within the Block Island 

Sound Transit Area provided they 

follow the provisions at § 648.111 and 

abide by state regulations. 

* * * * * 

■ 3. In § 648.107, revise paragraph (a) 

introductory text to read as follows: 

§ 648.107 Conservation equivalent 

measures for the summer flounder fishery. 

(a) The Regional Administrator has 

determined that the recreational fishing 

measures proposed to be implemented 

by the states of Maine through North 

Carolina for 2022 are the conservation 

equivalent of the season, size limits, and 

possession limit prescribed in 

§§ 648.104(b), 648.105, and 648.106. 

This determination is based on a 

recommendation from the Summer 

Flounder Board of the Atlantic States 

Marine Fisheries Commission. 

* * * * * 

■ 4. In § 648.126, revise paragraph (b) to 

read as follows: 

§ 648.126 Scup minimum fish sizes. 

* * * * * 

(b) Party/Charter permitted vessels 

and recreational fishery participants. 

The minimum size for scup is 10 inches 

(25.4 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 stateonly permitted vessels when transiting 

Federal waters within the Block Island 

Sound Transit Area provided they 

follow the provisions at § 648.131 and 

abide by state regulations. 

* * * * * 

■ 5. Revise § 648.127 to read as follows: 

§ 648.127 Scup recreational fishing 

season. 

Fishermen and vessels that are not 

eligible for a scup moratorium permit 

under § 648.4(a)(6) may not possess 

scup. The recreational fishing season 

may be adjusted pursuant to the 

procedures in § 648.122. 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 § 648.131. 

■ 6. In § 648.128, revise paragraph (a) to 

read as follows: 

§ 648.128 Scup possession restrictions. 

(a) Party/Charter and recreational 

possession limits. No person shall 

possess 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. 

However, possession of scup harvested 

from state waters is allowed for stateonly permitted vessels when transiting 

Federal waters within the Block Island 

Sound Transit Area provided they 

follow the provisions at § 648.131 and 

abide by state regulations. 

* * * * * 

■ 7. In § 648.145, revise paragraph (a) to 

read as follows: 

§ 648.145 Black sea bass possession limit. 

(a) During the recreational fishing 

season specified at § 648.146, no person 

shall possess more than 5 black sea bass 

in, or harvested from, the EEZ per trip 

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 § 648.151. Persons aboard a 

commercial vessel that is not eligible for 

a black sea bass moratorium permit may 

not retain more than 5 black sea bass 

during the recreational fishing season 

specified at § 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 § 648.142. 

However, possession of black sea bass 

harvested from state waters above this 

possession limit is allowed for stateonly permitted vessels when transiting 

Federal waters within the Block Island 

Sound Transit Area provided they 

follow the provisions at § 648.150 and 

abide by state regulations. 

■ 8. Revise § 648.146 as follows: 

§ 648.146 Black sea bass recreational 

fishing season. 

Vessels that are not eligible for a black 

sea bass moratorium permit under 

§ 648.4(a)(7), and fishermen subject to 

the possession limit specified in 

§ 648.145(a), may only possess black sea 

bass from May 15 through October 8, 

unless otherwise specified in the 

conservation equivalent measures 

described in § 648.151 or unless this 

time period is adjusted pursuant to the 

procedures in § 648.142. However, 

possession of black sea bass harvested 

from state waters outside of this season 

is allowed for state-only permitted 

vessels when transiting Federal waters 

within the Block Island Sound Transit 

Area provided they follow the 

provisions at § 648.151 and abide by 

state regulations. 

■ 9. In § 648.147, revise paragraph (b) to 

read as follows: 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Proposed Rules 22867 

§ 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 14 inches (35.56 cm) total length 

for all vessels that do not qualify for a 

black sea bass moratorium permit, and 

for party boats holding a black sea bass 

moratorium permit, if fishing with 

passengers for hire or carrying more 

than five crew members, and for charter 

boats holding a black sea bass 

moratorium permit, if fishing with more 

than three crew members, unless 

otherwise specified in the conservation 

equivalent measures as described in 

§ 648.151. However, possession of 

smaller black sea bass harvested from 

state waters is allowed for state-only 

permitted vessels when transiting 

Federal waters within the Block Island 

Sound Transit Area provided they 

follow the provisions at § 648.151 and 

abide by state regulations. 

■ 10. Add § 648.151 to subpart I to read 

as follows: 

§ 648.151 Black sea bass conservation 

equivalency. 

(a) The Regional Administrator has 

determined that the recreational fishing 

measures proposed to be implemented 

by the states of Maine through North 

Carolina for 2022 are the conservation 

equivalent of the season, size limits, and 

possession limit prescribed in 

§§ 648.146, 648.147(b), and 648.145(a). 

This determination is based on a 

recommendation from the Black Sea 

Bass Board of the Atlantic States Marine 

Fisheries Commission. 

(1) Federally permitted vessels subject 

to the recreational fishing measures of 

this part, and other recreational fishing 

vessels harvesting black sea bass in or 

from the EEZ and subject to the 

recreational fishing measures of this 

part, landing black sea bass in a state 

whose fishery management measures 

are determined by the Regional 

Administrator to be conservation 

equivalent shall not be subject to the 

more restrictive Federal measures, 

pursuant to the provisions of § 648.4(b). 

Those vessels shall be subject to the 

recreational fishing measures 

implemented by the state in which they 

land. 

(2) [Reserved] 

(b) Federally permitted vessels subject 

to the recreational fishing measures of 

this part, and other recreational fishing 

vessels registered in states and subject 

to the recreational fishing measures of 

this part, whose fishery management 

measures are not determined by the 

Regional Administrator to be the 

conservation equivalent of the season, 

size limits and possession limit 

prescribed in §§ 648.146, 648.147(b), 

and 648.145(a), respectively, due to the 

lack of, or the reversal of, a 

conservation-equivalent 

recommendation from the Black Sea 

Bass Board of the Atlantic States Marine 

Fisheries Commission shall be subject to 

the following precautionary default 

measures: Season—June 24 through 

December 31; minimum size—16 inches 

(40.64 cm); and possession limit—3 fish. 

[FR Doc. 2022–08056 Filed 4–15–22; 8:45 am] 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS