[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Proposed Rules]
[Pages 22863-22867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08056]


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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.

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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:
    <bullet> 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 year-round 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

[[Page 22864]]

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 for-hire 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 
region-specific 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 conservation-equivalency 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 conservation-equivalency 
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

[[Page 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 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. 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

[[Page 22866]]

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

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

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

0
2. In Sec.  648.104, revise paragraph (b) to read as follows:


Sec.  648.104  Summer flounder size requirements.

* * * * *
    (b) Party/charter permitted vessels and recreational fishery 
participants. The minimum size for summer flounder is 18.5-inches (47 
cm) total length for all vessels that do not qualify for a summer 
flounder moratorium permit under Sec.  648.4(a)(3), and charter boats 
holding a summer flounder moratorium permit if fishing with more than 
three crew members, or party boats holding a summer flounder moratorium 
permit if fishing with passengers for hire or carrying more than five 
crew members, unless otherwise specified in the conservation 
equivalency regulations at Sec.  648.107. If conservation equivalency 
is not in effect in any given year, possession of smaller (or larger, 
if applicable) summer flounder harvested from state waters is allowed 
for state-only permitted vessels when transiting Federal waters within 
the Block Island Sound Transit Area provided they follow the provisions 
at Sec.  648.111 and abide by state regulations.
* * * * *
0
3. In Sec.  648.107, revise paragraph (a) introductory text to read as 
follows:


Sec.  648.107  Conservation equivalent measures for the summer flounder 
fishery.

    (a) The Regional Administrator has determined that the recreational 
fishing measures proposed to be implemented by the states of Maine 
through North Carolina for 2022 are the conservation equivalent of the 
season, size limits, and possession limit prescribed in Sec. Sec.  
648.104(b), 648.105, and 648.106. This determination is based on a 
recommendation from the Summer Flounder Board of the Atlantic States 
Marine Fisheries Commission.
* * * * *
0
4. In Sec.  648.126, revise paragraph (b) to read as follows:


Sec.  648.126  Scup minimum fish sizes.

* * * * *
    (b) Party/Charter permitted vessels and recreational fishery 
participants. The minimum size for scup is 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 state-only permitted vessels when transiting 
Federal waters within the Block Island Sound Transit Area provided they 
follow the provisions at Sec.  648.131 and abide by state regulations.
* * * * *
0
5. Revise Sec.  648.127 to read as follows:


Sec.  648.127  Scup recreational fishing season.

    Fishermen and vessels that are not eligible for a scup moratorium 
permit under Sec.  648.4(a)(6) may not possess scup. The recreational 
fishing season may be adjusted pursuant to the procedures in Sec.  
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 Sec.  648.131.
0
6. In Sec.  648.128, revise paragraph (a) to read as follows:


Sec.  648.128  Scup possession restrictions.

    (a) Party/Charter and recreational possession limits. No person 
shall possess 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 Sec.  648.122. However, possession of 
scup harvested from state waters is allowed for state-only permitted 
vessels when transiting Federal waters within the Block Island Sound 
Transit Area provided they follow the provisions at Sec.  648.131 and 
abide by state regulations.
* * * * *
0
7. In Sec.  648.145, revise paragraph (a) to read as follows:


Sec.  648.145  Black sea bass possession limit.

    (a) During the recreational fishing season specified at Sec.  
648.146, no person shall possess more than 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 Sec.  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 Sec.  648.146. The owner, 
operator, and crew of a charter or party boat issued a black sea bass 
moratorium permit are subject to the possession limit when carrying 
passengers for hire or when carrying more than five crew members for a 
party boat, or more than three crew members for a charter boat. This 
possession limit may be adjusted pursuant to the procedures in Sec.  
648.142. However, possession of black sea bass harvested from state 
waters above this possession limit is allowed for state-only permitted 
vessels when transiting Federal waters within the Block Island Sound 
Transit Area provided they follow the provisions at Sec.  648.150 and 
abide by state regulations.
0
8. Revise Sec.  648.146 as follows:


Sec.  648.146  Black sea bass recreational fishing season.

    Vessels that are not eligible for a black sea bass moratorium 
permit under Sec.  648.4(a)(7), and fishermen subject to the possession 
limit specified in Sec.  648.145(a), may only possess black sea bass 
from May 15 through October 8, unless otherwise specified in the 
conservation equivalent measures described in Sec.  648.151 or unless 
this time period is adjusted pursuant to the procedures in Sec.  
648.142. However, possession of black sea bass harvested from state 
waters outside of this season is allowed for state-only permitted 
vessels when transiting Federal waters within the Block Island Sound 
Transit Area provided they follow the provisions at Sec.  648.151 and 
abide by state regulations.
0
9. In Sec.  648.147, revise paragraph (b) to read as follows:

[[Page 22867]]

Sec.  648.147  Black sea bass size requirements.

* * * * *
    (b) Party/Charter permitted vessels and recreational fishery 
participants. The minimum fish size for black sea bass is 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 Sec.  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 Sec.  648.151 and 
abide by state regulations.
0
10. Add Sec.  648.151 to subpart I to read as follows:


Sec.  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 Sec. Sec.  
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 Sec.  
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 Sec. Sec.  
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