[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Rules and Regulations]
[Pages 35112-35117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12450]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220602-0129]
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: Final rule.

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SUMMARY: NMFS announces management measures for the 2022 summer 
flounder, scup, and black sea bass recreational fisheries. The 
implementing regulations for these fisheries require NMFS to publish 
recreational measures for the fishing year. 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: This rule is effective June 9, 2022.

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).
    In this final rule, NMFS is implementing conservation equivalency 
to manage the 2022 summer flounder and black sea bass recreational 
fisheries, as proposed on April 18, 2022 (87 FR 22863). The approval of 
conservation equivalency means that we are waiving Federal summer 
flounder and black sea bass recreational measures in Federal waters, 
and for all federally permitted party/charter vessels, regardless of 
where they fish. States, through the Commission, are collectively 
implementing measures designed to constrain landings to the 2022 
recreational harvest limits. Vessels fishing in Federal waters and 
Federal party/charter vessels are subject to the regulations in the 
state in which they land. These measures are consistent with the 
recommendations of the Council and the Commission. Additional 
information on the development of these measures is provided in the 
proposed rule and not repeated here.
    For scup, we are implementing a 1-inch (2.54-cm) increase to the 
minimum size, consistent with the recommendation of the Council and 
Board. We are not implementing a closure of the recreational scup 
fishery in Federal waters as originally proposed. The rationale for 
this change is provided below.

Scup Recreational Management Measures

    We have decided not to close the Federal recreational scup fishery 
as proposed on April 18, 2022; 87 FR 22863. Instead, we are 
implementing a 1-inch (2.54-cm) increase to the scup recreational 
minimum size in Federal waters. In Federal waters, this results in a 
10-inch (25.4-cm) total length minimum size. Combined with the 1-inch 
(2.54-cm) size change being implemented by the states, an approximate 
33-percent reduction in harvest is expected.
    Our rationale for implementing the size limit increase and not the 
Federal closure, is based, in part, on the objectives of the Magnuson-
Stevens Act. Per the National Standards, management actions need to 
prevent overfishing while minimizing social and economic impacts, 
considering equity, and minimizing discards, among other factors. 
Additionally, we considered ongoing actions by the Council and 
Commission to address the factors that are considered for recreational 
regulations. Many of the comments received on the proposed rule 
highlighted these issues, and these are summarized in the comment 
response section.
    The proposed closure would have only impacted the Federal 
recreational fishery (recreational scup fishing beyond 3 miles from 
land, or federally permitted party/charter scup vessels regardless of 
area fished). The majority (about 94 percent) of scup harvest comes 
from state waters. If a closure had been implemented, it was expected 
that federally permitted for-hire vessels would have dropped their 
federal permit for the fishing year and pursued scup in state waters. 
While this may have alleviated some of the anticipated economic 
impacts, it would have also likely resulted in increased effort in 
state waters, minimizing the impact of the closure on overall scup 
harvest. Additionally, scup is difficult to avoid when fishing for 
other popular recreational targets such as black sea bass, and because 
it would have been illegal to retain scup in Federal waters, we 
anticipated that scup discards on those trips would have increased 
substantially, further limiting the reduction in scup harvest.
    Additionally, the commercial fishery is not expected to harvest its 
entire quota, and, as in previous years, overall

[[Page 35113]]

harvest is not expected to result in overfishing. With less than a 
month left in the Winter I commercial scup fishery, only 45 percent of 
the quota has been harvested, trending lower than landings in 2021. A 
letter from several State Directors cited the repeated quota 
underutilization of the commercial fishery: ``The commercial fishery 
has repeatedly underutilized its allocation, leaving an average of 34 
percent of the coastwide quota over the last 6 years.'' Preliminary 
commercial landings from 2021 are 12.93 million lb (5,864 mt) and the 
2021 quota was 20.50 million lb (9,298 mt). The 2022 commercial scup 
quota is 20.38 million lb (9,244 mt) and, as stated above, harvest to 
date is trending lower than last year. Even if commercial landings in 
2022 eventually were to match the 2021 landings, the result would be a 
7.4-million lb (3,356-mt) commercial quota underage, which would nearly 
cover the projected recreational overage of 7.8 million lb (3,538 mt) 
under status quo recreational regulations. The projected recreational 
overage of 7.8 million lb (3,538 mt) also does not account for the 
estimated 33-percent reduction in harvest that is expected to be 
achieved through the minimum size increase.

Recreational Regulations

    Given the potential negative social and economic impacts of the 
closure and the likelihood that it is not necessary to prevent 
overfishing, we have determined that the 1-inch (2.54-cm) minimum size 
increase is sufficient action at this time. However, the Council and 
Board are considering final action on the Harvest Control Rule 
Framework Adjustment/Addendum at their joint meeting in June that, if 
approved, would change the way recreational management measures are set 
for summer flounder, scup, black sea bass, and bluefish. All of the 
alternatives being considered by the Council and Board place a greater 
emphasis on factors such as stock size and trends, fishing mortality, 
and recruitment, and rely less on Marine Recreational Information 
Program (MRIP) estimates to determine if, and how, recreational 
management measures should be changed. We agree that the current 
process for setting recreational management measures can be improved 
and we will continue to work with the Council and Board on the Harvest 
Control Rule Framework/Addendum. However, should the Council and Board 
fail to take action in June to change the factors to be considered in 
setting recreational management measures, we intend to pursue 
Secretarial action to address the recreational regulatory issues.
    The regulations at 50 CFR 648.122(b) require the Regional 
Administrator to propose recreational management measures that will 
achieve the recreational annual catch limit (ACL): ``If the Regional 
Administrator determines that additional recreational measures are 
necessary to ensure that the sector ACL will not be exceeded, he or she 
will publish a proposed rule in the Federal Register to implement 
additional management measures for the recreational fishery. After 
considering public comment, the Regional Administrator will publish a 
final rule in the Federal Register to implement annual measures.''
    If the Council and Board do not change the way that recreational 
measures are set, NMFS, through the authority of the Magnuson-Stevens 
Act at section 305(d), would pursue changes to the regulations that 
would authorize the Regional Administrator to assess the likelihood of 
the combined projected recreational and commercial harvest to exceed 
the acceptable biological catch (ABC) and, if the combined harvest is 
not likely to exceed the ABC, to implement a transfer of commercial 
quota to the recreational sector. This transfer would ensure that the 
recreational sector ACL (adjusted for the transfer) would not be 
exceeded.

Summer Flounder Recreational Management Measures

    The Commission has certified that the 2022 recreational fishing 
measures required to be implemented in state waters for summer flounder 
are, collectively, the conservation equivalent of the season, fish 
size, and possession limit prescribed in 50 CFR 648.104(b), 648.105, 
and 648.106(a). According to Sec.  648.107(a)(1), vessels subject to 
the recreational fishing measures are not subject to Federal measures, 
and instead are subject to the recreational fishing measures 
implemented by the state in which they land. Section 648.107(a) is 
amended through this final rule to recognize state-implemented measures 
as the conservation equivalent of the Federal coastwide recreational 
management measures for 2022.
    In addition, this action revises the default summer flounder 
coastwide measures (a 18.5-inch (47-cm) minimum size, four-fish 
possession limit, and May 15 through September 15 open fishing season), 
that become effective January 1, 2023, upon the expiration of the 2022 
conservation equivalency program.

Black Sea Bass Recreational Management Measures

    The Commission has certified that the 2022 recreational fishing 
measures required to be implemented in state waters for black sea bass 
are, collectively, the conservation equivalent of the season, fish 
size, and possession limit prescribed in 50 CFR 648.145(a), 648.146, 
and 648.147(b). According to Sec.  648.142(d)(2), vessels subject to 
the recreational fishing measures are not subject to Federal measures, 
and instead are subject to the recreational fishing measures 
implemented by the state in which they land. Section 648.151 is amended 
through this final rule to recognize state-implemented measures as the 
conservation equivalent of the Federal coastwide recreational 
management measures for 2022.
    This action also sets the following coastwide black sea bass 
measures: A 14-inch (35.56-cm) minimum size; a 5-fish possession limit; 
and an open season of May 15-October 8. These measures become effective 
January 1, 2023, upon the expiration of the 2022 conservation 
equivalency program.

Changes From the Proposed Rule

    We proposed a closure of the Federal, recreational, scup fishery, 
but, as explained above, we have decided not to close the fishery. 
Instead, we are implementing a 1-inch (2.54-cm) increase to the minimum 
size for scup, as recommended by the Council and Board. Otherwise, this 
final rule is unchanged from the proposed rule.

Comments and Responses

    We received 319 comments on the proposed rule, 296 of which were 
opposed to the Federal recreational scup closure, including comments 
from the: New York Fishing Tackle Trade Association; Regal Marine 
Products, Inc.; Rhode Island Party and Charter Boat Association; 
Stellwagen Bank Charter Boat Association; Connecticut Charter and Party 
Boat Association; Connecticut Fishermen's Alliance; Freeport Hudson 
Anglers; and a joint letter from the Center for Sportfishing Policy, 
National Marine Manufacturers Association, Recreational Fishing 
Alliance, Coastal Conservation Association, American Sportfishing 
Association, and the Congressional Sportsmen's Foundation. In part due 
to our consideration of these comments, we have decided not to close 
the Federal recreational scup fishery and instead implement a 1-inch 
(2.54-cm) minimum size increase.
    One comment was not relevant to the proposed rule and another 
simply

[[Page 35114]]

stated, ``No.'' These comments are not discussed further.
    Comment 1: A significant number of comments cited potential 
negative social and economic impacts (63 comments and 152 comments, 
respectively) of a Federal recreational scup closure. These comments 
claimed a disproportionate and inequitable impact on for-hire (party 
and charter) vessels, as well as negative impacts on shoreside 
businesses and individuals who harvest scup for sustenance or 
recreation. Particularly in the context of the social and economic 
impacts of the COVID-19 pandemic and the current high costs of food and 
fuel, the commenters asserted that a closure of the Federal scup 
fishery at this time would have detrimental impacts to the businesses 
and individuals that rely on it.
    Response: We are not closing the Federal scup fishery, in part 
because of the negative social and economic impacts anticipated by the 
commenters. As discussed elsewhere in the preamble, our rationale for 
implementing the size limit increase instead of the Federal closure is 
to prevent overfishing while minimizing social and economic impacts, 
considering equity, and minimizing discards, among other factors. 
Additionally, we considered ongoing actions by the Council and 
Commission to address the way that recreational regulations are set.
    Comment 2: One hundred and seven comments cited the importance of 
scup as an accessible and affordable food source and the detrimental 
effect a Federal closure would have on individuals and families that 
rely on scup for sustenance.
    Response: We are not closing the Federal scup fishery, in part 
because of the negative impacts anticipated by the commenters. See the 
earlier part of this preamble for a full discussion of the rationale.
    Comment 3: Twenty-two comments specifically referenced 
Environmental Justice issues with the closure, specifically asserting 
it would have a disproportionate impact on certain ethnic groups or 
lower income individuals and families.
    Response: We are not closing the Federal scup fishery, in part 
because of the negative impacts anticipated by commenters. See the 
earlier part of this preamble for a full discussion of the rationale.
    Comment 4: Seventy commenters questioned the need for a closure of 
the Federal recreational scup fishery when the stock is so healthy, 
with a biomass of nearly two times the target level.
    Response: We are not closing the Federal scup fishery, in part 
because of the high biomass level and low risk of overfishing even if 
the recreational fishery exceeds the RHL in 2022. See the earlier part 
of this preamble for a full discussion of the rationale.
    Comment 5: We received five comments in support of the scup 
closure; these comments cited the need to prevent overfishing or were 
not supportive of fishing in general.
    Response: We have determined that it is not necessary to close the 
Federal recreational scup fishery to prevent overfishing. Additionally, 
shifted effort into state waters and potential increases in scup 
discards on Federal waters trips may have limited, or negated, the 
actual harvest reduction achieved by the closure. The reduction in 
harvest achieved by the increased size limit is expected to achieve the 
needed conservation objective to prevent overfishing and ensure catch 
does not exceed the ABC. It should be also be noted that scup is not 
overfished, and is not experiencing overfishing.
    Comment 6: We received 24 comments that opposed the proposed 2022 
black sea bass measures because they are more restrictive than measures 
currently in place. Many of these comments also cited dissatisfaction 
with the specific state regulations that are being implemented to meet 
the conservationally equivalent reduction in recreational harvest of 
20.7 percent. These comments also asserted that black sea bass is an 
abundant stock, with a biomass over two times the biomass target, and 
questioned why reductions are needed when the stock is healthy and 
overfishing is not occurring.
    Response: The current regulations for black sea bass require NMFS 
to implement recreational management measures that are projected to 
ensure that 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 is at high levels of biomass, 
but projected recreational catch and harvest significantly exceeds the 
previously adopted ACL and RHL. Even though biomass is high, and 
overfishing is not occurring, because no regulatory flexibility 
currently exists to incorporate these factors, we are required to 
implement reductions. NMFS will continue to work with the Council and 
Commission on the Recreational Reform Initiative to address fundamental 
problems with recreational fisheries management such as this lack of 
regulatory flexibility, in as timely a fashion as possible.
    Additionally, this rule does not implement state-specific measures, 
but rather waives the Federal recreational measures. States and regions 
set their own management measures, which are approved through the 
Commission process.
    Comment 7: We received a significant number of comments that 
suggested alternative approaches to constrain scup harvest: 128 
comments suggested increasing the size limit, with a suggested range 
from 10 to 14 inches (25.4 to 35.6 cm); 54 comments suggested a reduced 
bag limit ranging from 3 to 30 fish, or specifying a percent reduction 
from 10 to 20 percent; 65 comments suggested a seasonal closure, most 
specified closing January through April, while others more generally 
stated, ``during the winter'' or any season less than a year-round 
closure; and 4 comments suggested that the closure could be applied to 
the private sector only.
    Response: We appreciate the public comments and suggestions on 
alternative approaches to reduce scup harvest. As stated above, we have 
decided not to close the Federal recreational scup fishery. We are 
implementing a 1-inch (2.54-cm) increase to the Federal minimum size, 
as suggested by many commenters and recommended by the Council and 
Board.
    Comment 8: Twenty commenters cited the uncertainty in the MRIP data 
as rationale for eliminating or lowering the black sea bass and scup 
harvest reductions.
    Response: NMFS agrees that there is uncertainty in the MRIP 
estimates. Due to concerns about uncertain data points, the 
Commission's Summer Flounder, Scup, and Black Sea Bass Technical 
Committee performed additional analyses to examine and ultimately 
remove and replace data outliers. The Technical Committee (TC) 
developed a modified Thompson Tau analysis for identifying and 
smoothing outlier harvest estimates. Based on the results of this 
analysis, the TC concluded that a revised coastwide harvest reduction 
target between 20.7 and 26.8 percent would be viable for management. 
The Council and Board ultimately adopted the 20.7-percent reduction at 
a joint meeting in February, 2022. This reduction is less than the 28-
percent reduction that was originally proposed by the Council and 
Board. Given that the Technical Committee's analysis and reduction 
ultimately adopted by the Board and Council removes data outliers, 
additional changes to the

[[Page 35115]]

needed reduction based on outliers may be redundant and inappropriate 
for management.
    For scup, we are not implementing a Federal closure. The minimum 
size increase being adopted is projected to reduce harvest by 33 
percent, less than the 56-percent harvest reduction specified in the 
Council's analysis.
    Comment 9: Five commenters stated that the scup closure would lead 
to increased discards and, thus, no meaningful reduction in mortality.
    Response: NMFS agrees that there may be some catch that would have 
been converted to discards if we had closed the Federal scup fishery. 
An expected increase in discards, which would offset the harvest 
reduction of the closure, was one of the reasons we decided not to 
close the Federal scup fishery.
    It should also be noted that, given all of the factors (weather, 
regulations for other species, fuel cost, etc.) that can impact 
recreational fishing behavior, we cannot reliably predict how much 
catch will change in response to the management changes. Compared to 
landed fish, fish that are caught and released have a higher rate of 
survival. The released fish that survive continue to contribute to the 
population. For black sea bass and scup, it is estimated that 85 
percent of released fish that are caught recreationally survive.
    Comment 10: Twenty-six comments suggested that commercial fishing 
operations were to blame for the needed reductions and/or that 
additional restrictions on commercial fishing operations should be 
imposed instead of the recreational scup closure. Several comments also 
stated that recreational fishing had a minor impact, in terms of 
overall harvest, compared to the commercial fishery.
    Response: Recreational scup harvest is a significant proportion of 
overall scup harvest and mortality. In 2020, 13.50 million lb (6,123 
mt) of scup were landed by the commercial fishery, and 12.91 million lb 
(5,855 mt) were landed by the recreational fishery. In 2019, 
recreational landings exceeded commercial landings. The commercial 
fishery has, as mentioned previously in this rule, repeatedly 
underutilizied its allocation. This action does not consider changes to 
commercial fishery regulations. Commercial fishery regulations were 
previously approved through the 2022-2023 specification (86 FR 72859, 
Dec. 23, 2021). This action is intended to address the 2022 
recreational management measures.
    Comment 11: Four people commented on specific state regulations for 
summer flounder, including the suggestion of implementing a slot limit.
    Response: This action does not implement state-specific measures 
for summer flounder. States and/or regions develop their recreational 
summer flounder management measures through the Commission process. 
This action only considers the need to implement coastwide measures or 
the ability to waive Federal measures through the conservation 
equivalency process. In this action, we have approved conservation 
equivalency and thus are waiving Federal summer flounder recreational 
management measures.
    Comment 12: Three comments supported the summer flounder 
regulations, including the RI Charter Boat Association.
    Response: We agree, and have implemented conservation equivalency 
for summer flounder as proposed.
    Comment 13: One comment did not support the liberalization of the 
recreational summer flounder regulations, citing concerns about the 
stock health.
    Response: The Council, Board, and technical bodies considered the 
stock status of summer flounder when developing the recommended summer 
flounder liberalization. In accordance with the regulations, a 
liberalization of up to 33 percent could have been applied but, given 
that the stock is still below the target and general concerns regarding 
stock health, a lower liberalization of 16.5 percent was selected. It 
should also be noted that states and/or regions do not have to 
liberalize measures by 16.5 percent. A 16.5-percent increase in 
recreational harvest is a ceiling, or maximum liberalization, allowed 
under conservation equivalency.
    Comment 14: One comment discussed the timing of the proposed rule 
and that it is difficult to run a business when regulations are unknown 
even after the recreational fishing season has started.
    Response: We acknowledge the concerns about the timing of this, and 
previous, recreational rulemaking and the difficulty the timing creates 
for businesses and individuals to plan for the season. Unfortunately, 
getting recreational management measures in place was not possible any 
earlier this year because of the timing of the Council and Board 
meetings, the time required for states and regions to develop 
management measures, and the time required for the regulatory process. 
We are working with the Council and Board on the Harvest Control Rule 
Framework/Addendum that considers options to set measures every other 
year and that may allow for measures to be set earlier, so they are 
available before the start of the fishing year (January 1).

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
these management measures are necessary for the conservation and 
management of the summer flounder, scup, and black sea bass fisheries 
and are consistent with the Magnuson-Stevens Act and other applicable 
laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
under 5 U.S.C. 553(d)(3) to waive the 30-day delay of effectiveness 
period for this rule, to ensure that the final management measures are 
in place as soon as possible.
    The Federal coastwide regulatory measures for recreational summer 
flounder and black sea bass fishing that were effective last year 
remain in place until the decision to waive Federal measures for 2022 
is made effective by this final rule. Many states have already 
implemented their conservationally equivalent 2022 measures; a delay in 
implementing the measures of this rule will be contrary to the public 
interest because it would increase confusion on what measures are in 
place in Federal waters. Inconsistencies between the states' measures 
and the Federal measures could lead to misunderstanding of the 
applicable regulations and could increase the likelihood of 
noncompliant landings. Additionally, the Federal measures currently in 
place are more restrictive than many of the measures in state waters, 
which unnecessarily disadvantages federally permitted vessels who are 
subject to these more restrictive measures until this final rule is 
effective.
    The measures currently in place for scup and black sea bass are 
more liberal than the measures this action will implement. Further 
delay of the implementation of the 2022 measures will increase the 
likelihood that the 2022 RHLs and recreational ACLs will be exceeded. 
We are required to implement measures to constrain recreational harvest 
to prevent overfishing.
    In response to this action, unlike actions that require an 
adjustment period to comply with new rules, recreational and charter/
party operators will not have to purchase new equipment or otherwise 
expend time or money to comply with these management measures. Rather, 
complying with this final rule simply

[[Page 35116]]

means adhering to the published state management measures for size, bag 
limit, and season of summer flounder, scup, and black sea bass while 
the recreational and charter/party operators are engaged in fishing 
activities.
    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. While we received no comments 
specifically regarding this certification, we did receive a number of 
comments citing economic impacts from the proposed closure of the scup 
fishery in Federal waters. However, in this final rule, we are not 
taking an action to close the scup fishery, which mitigates those 
potential economic impacts. Therefore, as a result, a final regulatory 
flexibility analysis was not required and none was prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 6, 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 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. 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
6. 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
7. In Sec.  648.147, revise paragraph (b) to read as follows:


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

[[Page 35117]]

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
8. 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. 2022-12450 Filed 6-8-22; 8:45 am]
BILLING CODE 3510-22-P