[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Proposed Rules]
[Pages 78022-78024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30266]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 141103917-4917-01 ]
RIN 0648-BE60


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

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement Framework Adjustment 8 
to the Summer Flounder, Scup, and Black Sea Bass Fishery Management 
Plan. This action would allow the black sea bass recreational fishery 
to begin on May 15 of each year, instead of May 19, to provide 
additional fishing opportunities earlier in the year.

DATES: Comments must be received by 5 p.m. local time, on January 28, 
2015.

ADDRESSES: You may submit comments on this document, identified NOAA-
NMFS-2014-BE60, by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0155, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    <bullet> Mail and Hand Delivery: John K. Bullard, Regional 
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01930. Mark the outside of the 
envelope: ``Comments on Black Sea Bass Framework 8.''
    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

[[Page 78023]]

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). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Copies of the Supplemental Information Report and other supporting 
documents for this action are available from Dr. Christopher M. Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 
800 N. State Street, Dover, DE 19901. These documents are also 
accessible via the Internet at: http://www.greateratlantic.fisheries.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, 
(978) 281-9218.

SUPPLEMENTARY INFORMATION:

General Background

    The summer flounder, scup, and black sea bass fisheries are managed 
cooperatively under the provisions of the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine 
Fisheries Commission, in consultation with the New England and South 
Atlantic Fishery Management Councils. The management unit specified in 
the FMP for black sea bass (Centropristis striata) is U.S. waters of 
the Atlantic Ocean from 35 E. 13.3' N. lat. (the latitude of Cape 
Hatteras Lighthouse, Buxton, North Carolina) northward to the U.S./
Canada border.
    The FMP is managed jointly by the Council and Commission, and 
states manage black sea bass within 3 nautical miles (4.83 km) of their 
coasts under the Commission's plan. The applicable Federal regulations 
govern vessels and individual anglers fishing in Federal waters of the 
exclusive economic zone (EEZ), as well as vessels possessing a Federal 
black sea bass charter/party vessel permit, regardless of where they 
fish. The recreational fishery is essentially managed with four parts: 
The recreational harvest limit; the open season; minimum fish size; and 
a bag limit. The recreational harvest limit is established based on the 
specifications formula in the FMP. The open season, minimum fish size, 
and bag limit are collectively referred to as the ``recreational 
management measures.''

Recreational Management Measures Background

    The Black Sea Bass Monitoring Committee, consisting of 
representatives from the Commission, the Council, state marine fishery 
agency representatives from Massachusetts to North Carolina, and NMFS, 
typically meets in November of each year to make recommendations on 
recreational management measures necessary to constrain landings within 
the recreational harvest limit established for the upcoming fishing 
year. The Council's Demersal Species Committee and the Commission's 
Summer Flounder, Scup, and Black Sea Bass Management Board then 
consider the Monitoring Committee's recommendations and any public 
comment in making their recommendations to the Council and the 
Commission, respectively. The Council reviews the recommendations of 
the Demersal Species Committee, makes its own recommendations, and 
forwards them 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 each species in the FMP and all applicable laws 
and Executive Orders before ultimately implementing measures for 
Federal waters. A proposed rule is typically published in the spring of 
the next year, with a final rule typically published in late May or 
early June.
    The recreational management measures recommendations are typically 
based on recreational landings of the current fishing year, through 
Wave 4 (July/August), with projections to estimate total annual 
landings. If the estimate of total annual landings is below the 
recreational harvest limit for the next year, recreational measures may 
be kept the same or possibly even relaxed. If the estimate of annual 
landings is above the recreational harvest limit for the next year, 
measures may need to be more restrictive. In order to maximize fishing 
opportunities for a given recreational harvest limit, the Monitoring 
Committee uses a set of tables that illustrate the expected change in 
landing per unit of change for each of the management measures tools 
(season, size, and bag limit). Modifications to the minimium size and 
bag limit typically result in less change per unit than changes to the 
season. The Monitoring Committee considers the predicted changes in 
landings per day per wave for each state and coastwide. The highest 
coastwide percent change per day occurs in Wave 5 (September/October), 
followed closely by Wave 3 (May/June).
    In December 2013, the Council initiated a Framework Adjustment to 
consider two modifications to the black sea bass management measures 
for the 2015 fishing year: (1) Opening Wave 1 (January/February) with 
increased reporting requirements for federally permitted charter/party 
vessels only; and (2) move the start of the Wave 3 fishery to May 1. 
Because of issues surrounding data collection, both current and 
historical, and the impact that the Wave 1 fishery would have on the 
recreational harvest limit later in the year, the Council voted at its 
August 2014 meeting not to move forward with that measure at this time. 
The Council did, however, recommend opening the Wave 3 fishery on May 
15, as opposed to the current start date of May 19. This framework 
adjustment is necessary because the timing of the normal rulemaking 
schedule, as described above, makes implementing management measure 
changes that would impact early May difficult, and they would likely 
not be effective until May 2016.

Proposed Action

    This action proposes to revise the start date of the black sea bass 
recreational fishery by four days to begin on May 15 instead of May 19. 
The Council had originally considered moving the start date to May 1, 
but determined that an incremental change of only four days would allow 
for a wider distribution of opportunity. While some states would prefer 
that Wave 3 be open for more days than Wave 5, other states would 
prefer a shorter Wave 3 season compared to Wave 5. However, there are 
usually other fisheries (summer flounder, striped bass, etc.) open 
during Wave 5 that are not also open in Wave 3, which may result in 
more fishing opportunity overall.
    In recent years, the black sea bass recreational harvest limit has 
been achieved or exceeded. Because of this, starting the season on May 
15 would require the Council to shorten the Wave 5 season by 
approximately four days, in addition to other potential management 
changes, to ensure that the recreational harvest limit is not exceeded 
in 2015. The Council will make recommendations on the other management 
measures, including those to accommodate the earlier season opening, at 
its December 2014 meeting.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant

[[Page 78024]]

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.
    The Office of Management and Budget has determined that this 
proposed rule is not significant for the purposes of Executive Order 
12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council for Advocacy of the Small Business 
Administration 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 in conjunction with a supplemental 
information report. These analyses identified 777 unique fishing 
entities (i.e., federally permitted charter/party vessels) in the 
Greater Atlantic Region that could be affected by the proposed change. 
However, only 346 federally permitted charter/party vessels, all of 
which qualify as small entities under the Small Business 
Administration's small business standards, are expected to participate 
in the black sea bass recreational fishery next year. The proposed 
measure would shift four days of the black sea bass season from later 
in the season, when there are more species to target, to earlier in the 
season when there are fewer species to target. Because of seasonal 
availability, if charter/party vessels are not able to target black sea 
bass earlier in May, they will not be able to advertise and book trips, 
thereby losing revenue. However, even with reduced black sea bass 
fishing in Wave 5, they will be able to continue to book trips to 
target other revenue-generating species during that time, such as 
summer flounder. As a result, charter/party vessel operators will be 
able to take more trips over the course of the year and earn more 
revenue than is currently possible. Therefore, the economic impacts of 
this action are expected to be positive, if minimal. Although a 
substantial number of small entities will be affected, the effect will 
be neither negative nor significant.
    Because this rule will not have a significant economic impact on a 
substantial number of small entities, an initial regulatory flexibility 
analysis is not required and none has been prepared.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 19, 2014.
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. Section 648.146 is revised to read as follows:


Sec.  648.146  Black sea bass recreational fishing season.

    Vessels that are not eligible for a moratorium permit under Sec.  
648.4(a)(7), and fishermen subject to the possession limit specified in 
Sec.  648.145(a), may only possess black sea bass from May 15 through 
September 18, and October 18 through December 31, unless this time 
period is adjusted pursuant to the procedures in Sec.  648.142.

[FR Doc. 2014-30266 Filed 12-24-14; 8:45 am]
BILLING CODE 3510-22-P