Proposed Rule2022-17107
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
Primary source
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Published
August 11, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement Amendment 22 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan. Amendment 22 was developed by the Mid-Atlantic Fishery Management Council to revise summer flounder, scup, and black sea bass commercial and recreational sector allocations. Amendment 22 is intended to ensure that the best available science is used to determine commercial and recreational sector allocations.
Full Text
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<title>Federal Register, Volume 87 Issue 154 (Thursday, August 11, 2022)</title>
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[Federal Register Volume 87, Number 154 (Thursday, August 11, 2022)]
[Proposed Rules]
[Pages 49573-49577]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-17107]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220728-0165]
RIN 0648-BL43
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Amendment 22
to the Summer Flounder, Scup, and Black Sea Bass Fishery Management
Plan
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 Amendment 22 to the
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan.
Amendment 22 was developed by the Mid-Atlantic Fishery Management
Council to revise summer flounder, scup, and black sea bass commercial
and recreational sector allocations. Amendment 22 is intended to ensure
that the best available science is used to determine commercial and
recreational sector allocations.
DATES: Comments must be received by September 12, 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
[[Page 49574]]
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).
Copies of Amendment 22, including the Environmental Assessment, the
Regulatory Impact Review, and the Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA) prepared in support of this action are available
from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 North State Street, Dover, DE 19901.
The supporting documents are also accessible via the internet at:
<a href="https://www.mafmc.org/s/SFSBSB_com_rec_allocation_EA-final_6-24-22.pdf">https://www.mafmc.org/s/SFSBSB_com_rec_allocation_EA-final_6-24-22.pdf</a>.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) cooperatively
manage the summer flounder, scup, and black sea bass fisheries. The
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP)
outlines the allocation of quota, for each species, between the
commercial and recreational fisheries. This joint amendment reevaluates
and proposes to revise the commercial and recreational sector
allocations in the Summer Flounder, Scup, and Black Sea Bass FMP. This
action was initiated in part to address the allocation-related impacts
of the revised recreational catch and landings data provided by the
Marine Recreational Information Program (MRIP). Specifically, this
amendment considers:
1. Changing the current allocations between the commercial and
recreational sectors for summer flounder, scup, and black sea bass;
2. Adding an option to transfer a portion of the allowable landings
each year between the commercial and recreational sectors, in either
direction, based on the needs of each sector; and
3. Adding the option for future additional changes to the
commercial/recreational allocation and transfer provisions to be
considered through an FMP addendum/framework action, as opposed to an
amendment.
Proposed Commercial/Recreational Allocations
This action proposes to change the commercial and recreational
allocations for summer flounder, scup, and black sea bass. The current
commercial and recreational allocations for all three species were
established in the mid-1990s. The allocations are based on historical
proportions of landings (for summer flounder and black sea bass) and
catch (for scup) from each sector. The current commercial/recreational
allocations, and the years used to determine the allocation percentages
(base years) are shown in Table 1.
Table 1--Current Commercial/Recreational Allocations
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Commercial Recreational
Species Base years Data type allocation allocation
percentage (%) percentage (%)
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Summer Flounder....................... 1980-1989 Commercial and 60 40
Recreational Landings.
Scup.................................. 1988-1992 Commercial and 78 22
Recreational Catch.
Black Sea Bass........................ 1983-1992 Commercial and 49 51
Recreational Landings.
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In July 2018, MRIP released revised time series of catch and
harvest estimates based on adjustments to its angler intercept
methodology, which is used to estimate recreational catch rates, as
well as changes to its effort estimation methodology, namely, a
transition from a telephone-based effort survey to a mail-based effort
survey for the private/rental boat and shore-based fishing modes. These
revisions collectively resulted in higher recreational catch estimates
compared to previous estimates, affecting the entire time series of
data going back to 1981. The revised MRIP estimates were incorporated
into the stock assessments for summer flounder in 2018 and for scup and
black sea bass in 2019. This impacted the estimated stock biomass and
resulting catch limits for these species.
The revised MRIP time series created a mismatch between the data
that were used to set the allocations and the data currently used in
management for setting catch limits. Changes to commercial catch data
have also been made since the allocations were established. The
allocation changes proposed in this amendment seek to ensure that the
best available data is used to determine commercial and recreational
sector allocations.
Amendment 22 includes a range of allocation alternatives, with
options that would have maintained the current allocations and a
variety of options to revise the allocations based on updated data
using the same or modified ``base years'' (the time periods used to set
the current allocations). The Council and Board ultimately voted to
revise the allocations using the original base years updated with new
data. This approach allows for consideration of fishery characteristics
in years prior to influence by the commercial/recreational allocations,
while also using the best scientific information available to
understand the fisheries in those base years.
For all three species, these changes result in a shift in
allocation from the commercial to recreational sector. However, because
the summer flounder and black sea bass fisheries will be transitioning
from landings-based to catch-based allocations, the current and revised
allocations for those species are not directly comparable. The proposed
commercial and recreational sector allocations are shown in Table 2.
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Table 2--Proposed Commercial/Recreational Allocations
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Commercial Recreational
Species Base years Data type allocation allocation
percentage (%) percentage (%)
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Summer Flounder....................... 1980-1989 Commercial and 55 45
Recreational Catch.
Scup.................................. 1988-1992 Commercial and 65 35
Recreational Catch.
Black Sea Bass........................ 1983-1992 Commercial and 45 55
Recreational Catch.
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The Council and Board considered but did not recommend an option to
``phase in'' the allocation changes over a period of time. A phase-in
period was deemed unnecessary given the relatively small magnitude of
allocation changes.
Revised Framework Provisions
The Council and Board also approved an option to allow future
changes to commercial/recreational allocations, annual quota transfers
between sectors, and other measures addressed in the amendment to be
made through framework actions.
They also considered, but did not recommend, an option to allow
transfers of annual quota between the commercial and recreational
sectors at this time.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (MSA), 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 MSA,
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.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities, and also determines ways to minimize
these impacts. The IRFA incorporates sections of the preamble to this
rule and analyses contained in Amendment 22 and its accompanying EA/
RIR/IRFA. A copy of the complete analysis is available from the Council
(see ADDRESSES). A summary of the IRFA follows.
Description of the Reasons Why Action by the Agency Is Being Considered
and Statement of the Objectives of, and Legal Basis for, This Proposed
Rule
This action proposes management measures for the commercial and
recreational summer flounder, scup and black sea bass fisheries. This
action is taken under the authority of the MSA and regulations at 50
CFR part 648. A complete description of the reasons why this action is
being considered, and the objectives of and legal basis for this
action, are contained in the preamble to this proposed rule and are not
repeated here.
Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply
The entities (i.e., the small and large businesses) that may be
affected by this action include fishing operations with federal
moratorium (commercial) permits and/or federal party/charter permits
for summer flounder, scup, and/or black sea bass. Private recreational
anglers are not considered ``entities'' under the RFA. For RFA purposes
only, NMFS established a small business size standard for businesses,
including their affiliates, whose primary industry is commercial
fishing (50 CFR 200.2). A business primarily engaged in commercial
fishing is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $11
million, for all its affiliated operations worldwide.
Vessel ownership data were used to identify all individuals who own
fishing vessels. Vessels were then grouped according to common owners.
The resulting groupings were then treated as entities, or affiliates,
for purposes of identifying small and large businesses which may be
affected by this action.
Commercial and recreational for-hire affiliates potentially
regulated by this action include all those with valid commercial
fishery permits for summer flounder, scup and back sea bass and any
for-hire affiliates that reported landing summer flounder, scup or
black sea bass in any year between 2018-2020, which is the most recent
complete calendar year data. A total of 1,522 affiliates were
identified as being potentially regulated by this action, 1,513 (99
percent) of which were identified as small businesses and 9 (1 percent)
were identified as large businesses based on their average revenues in
2018-2020.
Of the total affiliates potentially regulated by this action, 455
affiliates reported that the majority of their revenues in 2020 came
from for-hire fishing. Some of these affiliates may have also
participated in commercial fishing. All 455 of these for-hire
affiliates were categorized as small businesses based on their average
2018-2020 revenues. It is not possible to determine what proportion of
their revenues came from fishing for an individual species.
Nevertheless, given the popularity of summer flounder, scup, and black
sea bass as recreational species, revenues generated from these species
are likely important for many of these affiliates at certain times of
the year.
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule
There are no proposed reporting, recordkeeping, or other compliance
requirements.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
The proposed action does not duplicate, overlap, or conflict with
other Federal rules.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
The proposed action (i.e., the suite of preferred alternatives)
includes implementation of revised commercial/recreational quota
allocation system for the summer flounder, scup, and black sea bass
fisheries.
When considering the economic impacts of the alternatives under the
Regulatory Flexibility Act, consideration should also be given to those
non-preferred alternatives which would result in higher net benefits or
lower costs to small entities while still achieving the stated
objective of the action.
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For summer flounder and scup, only the no action alternatives
(alternatives 1a-4 and 1b-1, respectively) had greater positive
expected impacts for the commercial sector than the preferred
alternatives; however, those alternatives had greater negative impacts
for the recreational sector than the preferred alternatives. For black
sea bass, both the no action alternative (alternative 1c-4) and
alternative 1c-5 were expected to have greater positive impacts for the
commercial sector than the preferred alternative. However, as with
summer flounder and scup, those alternatives had greater negative
impacts for the recreational sector than the preferred alternative. In
addition, alternative 1c-5 would have maintained a landings-based
allocation for black sea bass, and the Council and Board supported
switching to a catch-based allocation. Catch-based allocations were
supported because they include both landings and discards, eliminate
the current discard apportionment process, and hold each sector
accountable to their own discards.
All alternatives that had a greater potential for positive impacts
or a lesser potential for negative impacts to the recreational sector
than the preferred alternatives had a greater magnitude of negative
expected impacts for the commercial sector. The no action alternative,
for all three species, did not meet the stated objectives given the
notable changes in data that have occurred since these allocations were
first established, and that leaving the allocations unchanged would not
be based on the best scientific information available.
The non-preferred alternatives for phase-in, transfers, and
frameworks/addenda are not expected to have notably different
socioeconomic impacts than the preferred alternatives.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 4, 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. 648.100, revise paragraph (a)(1) to read as follows:
Sec. 648.100 Summer flounder Annual Catch Limit (ACL).
(a) * * *
(1) Sector allocations. The commercial and recreational fishing
sector ACLs will be established based on the allocations defined in the
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan
(FMP).
* * * * *
0
3. In Sec. 648.110, revise paragraph (a)(1) to read as follows:
Sec. 648.110 Summer flounder framework adjustments to management
measures
(a) * * *
(1) Adjustment process. The MAFMC shall develop and analyze
appropriate management actions over the span of at least two MAFMC
meetings. The MAFMC must provide the public with advance notice of the
availability of the recommendation(s), appropriate justification(s) and
economic and biological analyses, and the opportunity to comment on the
proposed adjustment(s) at the first meeting and prior to and at the
second MAFMC meeting. The MAFMC's recommendations on adjustments or
additions to management measures must come from one or more of the
following categories: Adjustments within existing ABC control rule
levels; adjustments to the existing MAFMC risk policy; introduction of
new AMs, including sub-ACTs; minimum fish size; maximum fish size; gear
restrictions; gear requirements or prohibitions; permitting
restrictions; recreational possession limit; recreational seasons;
closed areas; commercial seasons; commercial trip limits; commercial
quota system including commercial quota allocation procedure and
possible quota set asides to mitigate bycatch; recreational harvest
limit; specification quota setting process; commercial/recreational
allocations; transfer provisions between the commercial and
recreational sectors; FMP Monitoring Committee composition and process;
description and identification of essential fish habitat (and fishing
gear management measures that impact EFH); description and
identification of habitat areas of particular concern; regional gear
restrictions; regional season restrictions (including option to split
seasons); restrictions on vessel size (LOA and GRT) or shaft
horsepower; operator permits; changes to the SBRM, including the CV-
based performance standard, the means by which discard data are
collected/obtained, fishery stratification, the process for
prioritizing observer sea-day allocations, reports, and/or industry-
funded observers or observer set aside programs; any other commercial
or recreational management measures; any other management measures
currently included in the FMP; and set aside quota for scientific
research. Issues that require significant departures from previously
contemplated measures or that are otherwise introducing new concepts
may require an amendment of the FMP instead of a framework adjustment.
* * * * *
0
4. Sec. 648.120, revise paragraph (a)(1) to read as follows:
Sec. 648.120 Scup Annual Catch Limit (ACL).
(a) * * *
(1) Sector allocations. The commercial and recreational fishing
sector ACLs will be based on the allocations defined in the Summer
Flounder, Scup, and Black Sea Bass FMP.
* * * * *
0
5. In Sec. 648.130, revise paragraph (a)(1) to read as follows:
Sec. 648.130 Scup framework adjustments to management measures.
(a) * * *
(1) Adjustment process. The MAFMC shall develop and analyze
appropriate management actions over the span of at least two MAFMC
meetings. The MAFMC must provide the public with advance notice of the
availability of the recommendation(s), appropriate justification(s) and
economic and biological analyses, and the opportunity to comment on the
proposed adjustment(s) at the first meeting and prior to and at the
second MAFMC meeting. The MAFMC's recommendations on adjustments or
additions to management measures must come from one or more of the
following categories: Adjustments within existing ABC control rules;
adjustments to the existing MAFMC risk policy; introduction of new AMs,
including sub-ACTs; minimum fish size; maximum fish size; gear
restrictions; gear restricted areas; gear requirements or prohibitions;
permitting restrictions; recreational possession limits; recreational
seasons; closed areas; commercial seasons; commercial trip limits;
commercial quota system including commercial quota allocation procedure
and possible quota set asides to mitigate bycatch; recreational harvest
limits; annual specification quota setting process; commercial/
recreational allocations; transfer provisions between the commercial
and recreational sectors; FMP Monitoring Committee composition and
process; description
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and identification of EFH (and fishing gear management measures that
impact EFH); description and identification of habitat areas of
particular concern; regional gear restrictions; regional season
restrictions (including option to split seasons); restrictions on
vessel size (LOA and GRT) or shaft horsepower; operator permits;
changes to the SBRM, including the CV-based performance standard, the
means by which discard data are collected/obtained, fishery
stratification, the process for prioritizing observer sea-day
allocations, reports, and/or industry-funded observers or observer set
aside programs; any other commercial or recreational management
measures; any other management measures currently included in the FMP;
and set aside quota for scientific research.
* * * * *
0
6. In Sec. 648.140, revise paragraph (a)(1) to read as follows:
Sec. 648.140 Black sea bass Annual Catch Limit (ACL).
(a) * * *
(1) Sector allocations. The commercial and recreational fishing
sector ACLs will be based on the allocations defined in the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan.
* * * * *
[FR Doc. 2022-17107 Filed 8-10-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 11, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.