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Rule2022-12450

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

June 9, 2022

Effective

June 9, 2022

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

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.

Full Text

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<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.

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

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