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Proposed Rule2022-08056

Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2022

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Published

April 18, 2022

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

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.

Full Text

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<title>Federal Register, Volume 87 Issue 74 (Monday, April 18, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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.

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

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