Proposed Rule2022-27118
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Framework Adjustment 17 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, and Framework Adjustment 6 to the Bluefish Fishery Management Plan
Primary source
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Published
December 15, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to implement Framework Adjustment 17 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan and Framework Adjustment 6 to the Bluefish Fishery Management Plan. This framework was developed by the Mid-Atlantic Fishery Management Council in conjunction with the Atlantic States Marine Fisheries Commission to revise the process for setting recreational management measures, and recreational accountability measures, for summer flounder, scup, black sea bass, and bluefish.
Full Text
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<title>Federal Register, Volume 87 Issue 240 (Thursday, December 15, 2022)</title>
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[Federal Register Volume 87, Number 240 (Thursday, December 15, 2022)]
[Proposed Rules]
[Pages 76600-76608]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27118]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 221209-0266]
RIN 0648-BL65
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Framework
Adjustment 17 to the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan, and Framework Adjustment 6 to the Bluefish Fishery
Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 76601]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement Framework Adjustment 17
to the Summer Flounder, Scup, and Black Sea Bass Fishery Management
Plan and Framework Adjustment 6 to the Bluefish Fishery Management
Plan. This framework was developed by the Mid-Atlantic Fishery
Management Council in conjunction with the Atlantic States Marine
Fisheries Commission to revise the process for setting recreational
management measures, and recreational accountability measures, for
summer flounder, scup, black sea bass, and bluefish.
DATES: Comments must be received by January 17, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2022-0096, 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-2022-0096 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).
Copies of Framework Adjustment 17 to the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan and Framework Adjustment 6 to
the Bluefish Fishery Management Plan, 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/actions/hcr-framework-addenda">https://www.mafmc.org/actions/hcr-framework-addenda</a>.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116, or <a href="/cdn-cgi/l/email-protection#f1949c989d88df9a94989d9488b19f9e9090df969e87"><span class="__cf_email__" data-cfemail="5c3931353025723739353039251c32333d3d723b332a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) cooperatively
manage the summer flounder, scup, black sea bass, and bluefish
fisheries. The Council submitted Framework Adjustment 17 to the Summer
Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP) and
Framework Adjustment 6 to the Bluefish FMP (the Recreational Harvest
Control Rule (HCR) Framework) to us for consideration of approval. The
Recreational HCR Framework proposes adoption of a new process for
setting recreational measures (bag, size, and season limits) and
modifications to the recreational accountability measures. The goal of
this Framework/Addenda is to establish a process for setting
recreational measures that: Prevent overfishing; are reflective of
stock status; appropriately account for uncertainty in the recreational
data; take into consideration angler preferences; and provide an
appropriate level of stability and predictability in changes from year
to year.
Proposed Recreational Management Measure Setting Process: The Percent
Change Approach
This action proposes to modify the process for setting recreational
management measures for summer flounder, scup, black sea bass, and
bluefish, including how to determine when management measures need to
be changed, the percent change required, and the timing of the overall
process. This process will apply when stocks are not in a rebuilding
plan; when a stock is in a rebuilding plan, recreational measures will
be determined based on the requirements of that plan. Bluefish is in a
rebuilding plan, so this approach is not currently applicable. The
proposed process, referred to as the Percent Change Approach, would use
two factors to determine if management measures could remain status
quo, could be liberalized, or must be restricted. These factors are:
1. Comparison of a confidence interval (CI) around an estimate of
expected harvest under status quo measures to the average recreational
harvest limit (RHL) for the upcoming two years and;
2. Biomass compared to the target level, as defined by the most
recent stock assessment.
Step 1: Estimating Recreational Harvest
The amount of expected recreational harvest is difficult to predict
as it is impacted by many factors besides the management measures,
including fishing effort, availability of various target species,
economic factors, and weather. Harvest can vary notably from year to
year even under the same set of management measures. Given these
challenges, the Council and Commission are supporting the development
of improved statistical analysis tools for predicting the impacts of
measures on catch and harvest, while accounting for other factors such
as angler preferences.
These statistical models may not be available for all species given
the amount of data and development that is required to support them.
When such models are not available, estimated recreational harvest
would be based on the two most recent years of MRIP estimates.
In addition to estimating harvest, the CI around this recreational
harvest estimate would also be generated. When developing a CI from two
years of MRIP data, the Plan Development Team/Fishery Management Action
Team recommended the use of a joint distribution 80-percent confidence
interval that takes into consideration the percent standard error (PSE)
of each individual year's MRIP estimate and the variability of the
estimates between years.
Step 2: Biomass Comparison
The most recent stock assessment will be used to determine the
biomass relative to the biomass target (BMSY or the relevant proxy). If
the biomass is at least 150 percent of the target, the stock is
considered ``very high''; if the stock is between 100 and 150 percent
of the target, it will be considered ``high''; stocks with a biomass
below the target size will be categorized as ``low.''
Step 3: Determining the Percent Change
Considered together, the harvest and biomass comparisons determine
the appropriate degree of change, defined as a percentage change in
expected harvest, as summarized in Table 1. For example, when the
future 2-year average RHL is greater than the upper bound of the
harvest estimate CI (i.e., an RHL underage is expected under status quo
measures) and biomass is below the target level, measures would be
[[Page 76602]]
modified to achieve a 10-percent liberalization in harvest. In this
scenario, the liberalization is capped at 10 percent even if the
difference between the RHL and expected harvest is greater than 10
percent.
Table 1--Management Response Table
------------------------------------------------------------------------
Factors to determine recommended change
---------------------------------------------------
(2) Stock biomass Recommended change
(1) Future RHL vs harvest compared to the in harvest
estimate target stock size (B/
BMSY)
------------------------------------------------------------------------
Future 2-year average RHL is Very high (at least Liberalization:
greater than the upper 150% of the target percent based on
bound of the harvest stock size). the difference
estimate confidence High (between the between the harvest
interval (harvest is target and 150% of estimate and the 2-
expected to be lower than the target stock year average RHL,
the RHL). size). not to exceed 40
Low (below the percent.
target stock size). Liberalization:
percent based on
the difference
between the harvest
estimate and the 2-
year average RHL,
not to exceed 20
percent.
Liberalization: 10
percent.
Future 2-year average RHL is Very high (at least Liberalization: 10
within the confidence 150% of the target percent.
interval of the harvest stock size). No change: 0
estimate (harvest is High (between the percent.
expected to be close to the target and 150% of Reduction: 10
RHL). the target stock percent.
size).
Low (below the
target stock size).
Future 2-year average RHL is Very high (at least Reduction: 10
less than the lower bound 150% of the target percent.
of the harvest estimate stock size). Reduction: percent
confidence interval High (between the based on the
(harvest is expected to target and 150% of difference between
exceed the RHL). the target stock the harvest
size). estimate and the 2-
Low (below the year average RHL,
target stock size). not to exceed 20
percent.
Reduction: percent
based on the
difference between
the harvest
estimate and the 2-
year average RHL,
not to exceed 40
percent.
------------------------------------------------------------------------
Key Terms
<bullet> Biomass (B): The size of a stock of fish measured in
weight. For summer flounder, scup, black sea bass, and bluefish, the
biomass levels and biomass targets used in management are based on
spawning stock biomass.
<bullet> Biomass target (BMSY): The stock size (B) associated with
maximum sustainable yield (MSY), as defined by a stock assessment. MSY
is the largest average catch that can be taken from a stock at BMSY
over time under existing environmental conditions without negatively
impacting the reproductive capacity of the stock.
<bullet> Confidence Interval: the upper and lower bound around a
point estimate to indicate the range of possible values given the
uncertainties around the estimate.
<bullet> Recreational Harvest Limit (RHL): The total allowable
annual recreational fishery harvest; set based on information from the
stock assessment, considerations about scientific and management
uncertainty, allocations between the commercial and recreational
sectors, and assumptions about dead discards.
Timing
The current process considers adjustments to recreational
management measures annually. This has a number of associated
challenges, given the timing of MRIP data availability and the fishing
seasons. The Percent Change Approach would shift the timing to a 2-year
cycle, adjusting measures in sync with the setting of catch and
landings limits in response to updated stock assessment information.
Updated stock assessments will be available every other year for all
four species. In the interim year, measures would be reviewed and may
be modified if new data suggest a major change in the expected impacts
of those measures on the stock or the fishery.
Sunset Provision
The proposed Percent Change Approach to setting recreational
management measures is an improvement over the status quo process
because it allows for measures to be set for two years, includes the
explicit consideration of biomass, and requires the consideration of
variability in harvest estimates. However, the Council and Commission's
Policy Board agreed that the Percent Change Approach should sunset no
later than December 31, 2025, with the goal of implementing additional
changes to recreational fisheries management during fishing year 2026.
These changes will be developed through a separate future management
action. In the absence of additional action to revise the recreational
management measure-setting process by the sunset date, the process for
establishing recreational measures will revert to the methodology
currently used by the Council, which is part of the FMP but not part of
regulatory text.
Conservation Equivalency
The Council and Policy Board considered, but did not recommend, an
option to set constraints around the use of the Commission's
conservation equivalency policy as applied to the recreational
fisheries for these four species. They decided to maintain the current
policy to allow individual states the flexibility to tailor management
measures to meet the needs of their fisheries.
This alternative would maintain the ability for individual states
to submit proposals for alternative recreational management measures
for summer flounder and black sea bass that are expected to achieve an
equivalent level of recreational harvest, catch, or fishing mortality
(depending on the alternative selected from Alternative Sets 1 and 2)
as the measures that would otherwise be implemented. This state-level
flexibility can allow measures to be tailored to the unique
characteristics of the fisheries in each state. For example, some
states have used the conservation equivalency process to maintain a
Saturday opening
[[Page 76603]]
date. The Council and Policy Board supported this level of flexibility
and, therefore, selected this as a preferred alternative.
Recreational Accountability Measures
This framework also considers changes to the recreational
accountability measures that consider if the recreational ACL overages
contributed to overfishing. Specifically, when biomass is between the
target and threshold levels, the requirement of paying back
recreational catch limit overages will account for whether those
overages contributed to overfishing based on the most recent stock
assessment information. When a reactive AM has been triggered by a
recreational ACL overage and the most recent biomass estimate is
between the target and the threshold, consideration would also be given
to the most recent estimate of fishing mortality relative to
F<INF>MSY</INF> in the year(s) when the overage(s) occurred. The AM
response would be stricter if F<INF>MSY</INF> was exceeded in addition
to the ACL (e.g., a payback would be required). If only the
recreational ACL was exceeded, the AM response would be less strict
(e.g., measures would be revised but a payback would not be required).
Estimates of fishing mortality during the years relevant to the
evaluation may not always be available as these estimates are provided
through the stock assessment, which are not updated every year. When
the relevant fishing mortality estimates are not available, this
comparison would default to a comparison of total catch relative to the
ABC.
This was selected as a preferred alternative because it considers
if the recreational ACL overages contributed to overfishing, and unlike
the Percent Change Approach, these recreational accountability measures
will not sunset in 2025.
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, and Bluefish FMPs, 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.
Affiliates potentially regulated by this action include any
affiliates with Federal for-hire permits for summer flounder, scup,
black sea bass, and/or bluefish in any year between 2019-2021. A total
of 688 affiliates were identified as being potentially regulated by
this action, all of which were identified as small businesses based on
their average revenues in 2019-2021. Of these 688 affiliates, a total
of 363 affiliates (53 percent) reported that the majority of their
revenues in 2021 came from for-hire fishing for any species. Some of
these affiliates may have also participated in commercial fishing. The
SBA defines a small for-hire recreational fishing business as a firm
with receipts of up to $11 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, black sea bass, and bluefish as
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. 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).
The proposed action would adjust the process for setting
recreational management measures, and is administrative in nature.
Because the proposed action is only changing the process used to set
recreational measures, and is not making changes to the recreational
management measures (possession limits, seasons, and size limits) it
will not change the regulations effecting the operation of recreational
fisheries directly. Future actions, which implement new management
measures, based on this proposed process, would perform economic
analyses of the impacts as appropriate. Future impacts on the entities
described will depend on the harvest limits and management measures
that are set. For-hire revenues are also impacted by a variety of other
factors, including demand for for-hire trips for summer flounder, scup,
black sea bass, bluefish, and other potential target species; fuel
prices; weather; the economy; and other factors. Because this action is
not making changes to the recreational management measures and is
administrative in nature, we have determined that 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
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: December 9, 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 paragraphs (a) introductory text, (b)
introductory text, and (b)(1) to read as follows:
Sec. 648.100 Summer flounder Annual Catch Limit (ACL).
(a) The Monitoring Committee shall recommend to the MAFMC separate
ACLs for the commercial and recreational summer flounder fisheries, the
sum total of which shall be equal to the ABC recommended by the SSC.
* * * * *
(b) Performance review. The Monitoring Committee shall conduct a
detailed review of fishery performance relative to the sector ACLs at
least every 5 years.
(1) If one or both of the sector-specific ACLs is exceeded with a
frequency greater than 25 percent (i.e., more than once in 4 years or
any 2 consecutive years), the Monitoring Committee will review fishery
performance information and consider whether changes in measures are
needed.
* * * * *
0
3. In Sec. 648.101, revise paragraphs (a) introductory text, (a)(1)
and (b) to read as follows:
Sec. 648.101 Summer flounder Annual Catch Target (ACT).
(a) The Monitoring Committee shall identify and review the relevant
sources
[[Page 76604]]
of management uncertainty to recommend ACTs for the commercial and
recreational fishing sectors as part of the summer flounder
specification process. The Monitoring Committee recommendations shall
identify the specific sources of management uncertainty that were
considered, technical approaches to mitigating these sources of
uncertainty, and any additional relevant information considered in the
ACT recommendation process.
(1) Sectors. Commercial and recreational specific ACTs shall be
less than or equal to the sector-specific ACLs. The Monitoring
Committee shall recommend any reduction in catch necessary to address
sector-specific management uncertainty, consistent with paragraph (a)
of this section.
* * * * *
(b) Performance review. The Monitoring Committee shall conduct a
detailed review of fishery performance relative to ACTs in conjunction
with any ACL performance review, as outlined in Sec. 648.100(b)(1)
through (3).
0
4. In Sec. 648.102, revise paragraphs (a) introductory text, (a)(6),
(a)(11), (b), and (d) to read as follows:
Sec. 648.102 Summer flounder specifications.
(a) Commercial quota, recreational landing limits, research set-
asides, and other specification measures. The Monitoring Committee
shall recommend to the MAFMC, through the specifications process, for
use in conjunction with each ACL and ACT, a sector-specific research
set-aside, estimates of sector-related discards, a recreational harvest
limit, and a commercial quota, along with other measures, as needed to
prevent overages of the applicable specified limits or targets for each
sector, as prescribed in the FMP. The measures to be considered by the
Monitoring Committee are:
* * * * *
(6) Recreational possession limit set from a range of 0 to 15
summer flounder.
* * * * *
(11) Modification of existing accountability measures and ACT
control rules utilized by the Monitoring Committee.
(b) Specification fishing measures. The MAFMC shall review the
recommendations of the Monitoring Committee and, based on the
recommendations and any public comment, recommend to the Regional
Administrator measures that are projected to constrain the sectors to
the applicable limit or target as prescribed in the FMP. The MAFMC's
recommendations must include supporting documentation, as appropriate,
concerning the environmental and economic impacts of the
recommendations. The Regional Administrator shall review these
recommendations and any recommendations of the ASMFC.
* * * * *
(d) Recreational specification measures. The MAFMC shall review the
recommendations of the Monitoring Committee and, based on the
recommendations and any public comment, recommend to the Regional
Administrator measures that are projected to prevent overages of the
applicable recreational target, as prescribed in the FMP, for an
upcoming fishing year or years. The MAFMC's recommendations must
include supporting documentation, as appropriate, concerning the
environmental and economic impacts of the recommendations. The MAFMC
and the ASMFC will recommend that the Regional Administrator implement
either:
(1) Coastwide measures. Annual, or multi-year, coastwide management
measures projected to achieve the applicable recreational target as
prescribed in the FMP, or
(2) Conservation equivalent measures. Individual states, or regions
formed voluntarily by adjacent states (i.e., multi-state conservation
equivalency regions), may implement different combinations of minimum
and/or maximum fish sizes, possession limits, and closed seasons that
achieve equivalent conservation as the coastwide measures established
under paragraph (e)(1) of this section. Each state or multi-state
conservation equivalency region may implement measures by mode or area
only if the proportional standard error of recreational landing
estimates by mode or area for that state is less than 30 percent.
(i) After review of the recommendations, the Regional Administrator
will publish a proposed rule in the Federal Register as soon as
possible to implement the overall recreational target for the fishing
year(s), and the ASMFC's recommendation concerning conservation
equivalency, the precautionary default measures, and coastwide
measures.
(ii) The ASMFC will review conservation equivalency proposals and
determine whether or not they achieve the necessary adjustment to
recreational landings. The ASMFC will provide the Regional
Administrator with the individual state and/or multi-state region
conservation measures for the approved state and/or multi-state region
proposals and, in the case of disapproved state and/or multi-state
region proposals, the precautionary default measures that should be
applied to a state or region. At the request of the ASMFC,
precautionary default measures would apply to federally permitted
party/charter vessels and other recreational fishing vessels harvesting
summer flounder in or from the EEZ when landing in a state that
implements measures not approved by the ASMFC.
(iii) After considering public comment, the Regional Administrator
will publish a final rule in the Federal Register to implement either
the state or regional conservation equivalency measures or coastwide
measures to ensure that the applicable specified target is not
exceeded.
(iv) The ASMFC may allow states or regions assigned the
precautionary default measures to resubmit revised management measures.
The ASMFC will detail the procedures by which the state or region can
develop alternate measures. The ASMFC will notify the Regional
Administrator of any resubmitted state or regional proposals approved
subsequent to publication of the final rule and the Regional
Administrator will publish a document in the Federal Register to notify
the public.
* * * * *
0
5. In Sec. 648.103, revise paragraphs (c), (d)(1), and (d)(2)(ii) to
read as follows:
Sec. 648.103 Summer flounder accountability measures.
* * * * *
(c) Recreational ACL Evaluation. The recreational sector ACL will
be evaluated based on a 3-year moving average comparison of total catch
(landings and dead discards). Both landings and dead discards will be
evaluated in determining if the 3-year average recreational sector ACL
has been exceeded.
(d) * * *
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is
less than 0.5),), the stock is under a rebuilding plan, or the
biological reference points (B or BMSY) are unknown, and the
recreational ACL has been exceeded, then the exact amount, in pounds,
by which the most recent three-year average recreational catch estimate
exceeded the most recent three-year average recreational ACL will be
deducted, in the following fishing year, or as soon as possible,
thereafter,
[[Page 76605]]
once catch data are available, from the recreational ACT. This payback
may be evenly spread over two years if doing so allows for use of
identical recreational management measures across the upcoming two
years.
(2) * * *
(ii) If the fishing mortality (F) has exceeded FMSY (or the proxy).
If the most recent estimate of total fishing mortality exceeds FMSY (or
the proxy), then an adjustment to the recreational ACT will be made as
soon as possible, once catch data are available, as described in
paragraph (d)(2)(ii)(A) of this section. If an estimate of total
fishing mortality is not available for the most recent complete year of
catch data, then a comparison of total catch relative to the ABC will
be used.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the most recent three-year average
recreational catch and the most recent three-year recreational ACL, and
the payback coefficient, as specified in paragraph (d)(2)(ii)(B) of
this section. This payback may be evenly spread over two years if doing
so allows for use of identical recreational management measures across
the upcoming two years.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimate of biomass and B<INF>MSY</INF> (i.e.,
B<INF>MSY</INF>-B) divided by one-half of B<INF>MSY</INF>.
* * * * *
0
6. In Sec. 648.120, revise paragraphs (a) introductory text, (b)
introductory text, and (b)(1) to read as follows:
Sec. 648.120 Scup Annual Catch Limit (ACL).
(a) Annual Catch Limits. The Monitoring Committee shall recommend
to the MAFMC separate ACLs for the commercial and recreational scup
fisheries, the sum total of which shall be equal to the ABC recommended
by the SSC.
* * * * *
(b) Performance review. The Monitoring Committee shall conduct a
detailed review of fishery performance relative to the sector ACLs at
least every 5 years.
(1) If one or both of the sector-specific ACLs is exceeded with a
frequency greater than 25 percent (i.e., more than once in 4 years or
any 2 consecutive years), the Monitoring Committee will review fishery
performance information and consider whether changes to measures are
needed.
* * * * *
0
7. In Sec. 648.121, revise paragraphs (a) introductory text and (a)(1)
and (b) to read as follows:
Sec. 648.121 Scup Annual Catch Target (ACT).
(a) Annual Catch Targets. The Monitoring Committee shall identify
and review the relevant sources of management uncertainty to recommend
ACTs for the commercial and recreational fishing sectors as part of the
scup specification process. The Monitoring Committee recommendations
shall identify the specific sources of management uncertainty that were
considered, technical approaches to mitigating these sources of
uncertainty, and any additional relevant information considered in the
ACT recommendation process.
(1) Sectors. Commercial and recreational specific ACTs shall be
less than or equal to the sector-specific ACLs. The Monitoring
Committee shall recommend any reduction in catch necessary to address
sector-specific management uncertainty, consistent with paragraph (a)
of this section.
* * * * *
(b) Performance review. The Monitoring Committee shall conduct a
detailed review of fishery performance relative to ACTs in conjunction
with any ACL performance review, as outlined in Sec. 648.120(b)(1)
through (3).
0
8. In Sec. 648.122, revise paragraphs (a) introductory text, (a)(7),
(a)(14) and (b) to read as follows:
Sec. 648.122 Scup Specifications.
(a) Commercial quota, recreational landing limits, research set-
asides, and other specification measures. The Monitoring Committee
shall recommend to the MAFMC and the ASMFC through the specifications
process, for use in conjunction with each ACL and ACT, a sector-
specific research set-aside, estimates of sector-related discards, a
recreational harvest limit, and a commercial quota, along with other
measures, as needed, to prevent overages of the applicable specified
limits or targets for each sector, as prescribed in the FMP. The
measures to be considered by the Monitoring Committee are as follows:
* * * * *
(7) Recreational possession limit set from a range of 0 to 50 scup.
* * * * *
(14) Modification of existing AM measures and ACT control rules
utilized by the Monitoring Committee.
(b) Specification of fishing measures. The MAFMC shall review the
recommendations of the Monitoring Committee. Based on these
recommendations and any public comment, the MAFMC shall recommend to
the Regional Administrator measures necessary to prevent overages of
the appropriate specified limits or targets for each sector, as
prescribed in the FMP. The MAFMC's recommendation must include
supporting documentation, as appropriate, concerning the environmental
and economic impacts of the recommendations. The Regional Administrator
shall review these recommendations and any recommendations of the
ASMFC. After such review, NMFS will publish a proposed rule in the
Federal Register to implement a commercial quota, specifying the amount
of quota allocated to each of the three periods, possession limits for
the Winter I and Winter II periods, including possession limits that
result from potential rollover of quota from Winter I to Winter II, the
percentage of landings attained during the Winter I fishery at which
the possession limits will be reduced, a recreational harvest limit,
and additional management measures for the commercial and recreational
fisheries.
* * * * *
0
9. In Sec. 648.123, revise paragraphs (c) introductory text, (d)
introductory text, (d)(1), (d)(2)(ii) introductory text, and
(d)(2)(ii)(A) to read as follows:
Sec. 648.123 Scup accountability measures.
* * * * *
(c) Recreational ACL. The recreational sector ACL will be evaluated
based on a 3-year moving average comparison of total catch (landings
and dead discards). Both landings and dead discards will be evaluated
in determining if the 3-year average recreational sector ACL has been
exceeded.
(d) Recreational AMs. If the recreational ACL is exceeded, then the
following procedure will be followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is
less than 0.5), the stock is under a rebuilding plan, or the biological
reference points (B or BMSY) are unknown, and the recreational ACL has
been exceeded, then the exact amount, in pounds, by which the most
recent three-year average recreational catch estimate exceeded the most
recent three-year average recreational ACL will be deducted in the
following fishing year, or as soon as possible, thereafter, once catch
data are available, from the recreational ACT. This payback may be
evenly spread over two years if doing so
[[Page 76606]]
allows for use of identical recreational management measures across the
upcoming two years.
* * * * *
(2) * * *
(ii) If the fishing mortality (F) has exceeded FMSY (or the proxy).
If the most recent estimate of total fishing mortality exceeds FMSY (or
the proxy), then an adjustment to the recreational ACT will be made as
soon as possible once catch data are available, as described in
paragraph (d)(2)(ii)(A) of this section. If an estimate of total
fishing mortality for the most recent complete year of catch data is
not available, then a comparison of total catch relative to the ABC
will be used.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the most recent three-year average
recreational catch and the most recent three-year average recreational
ACL, and the payback coefficient, as specified in paragraph
(d)(2)(ii)(B) of this section. This payback may be evenly spread over
two years if doing so allows for use of identical recreational
management measures across the upcoming two years.
* * * * *
0
10. In Sec. 648.140, revise paragraphs (a) introductory text, (b)
introductory text, and (b)(1) to read as follows:
Sec. 648.140 Black sea bass Annual Catch Limit (ACL).
(a) Annual Catch Limits. The Monitoring Committee shall recommend
to the MAFMC separate ACLs for the commercial and recreational scup
fisheries, the sum total of which shall be equal to the ABC recommended
by the SSC.
* * * * *
(b) Performance review. The Monitoring Committee shall conduct a
detailed review of fishery performance relative to the sector ACLs at
least every 5 years.
(1) If one or both of the sector-specific ACLs is exceeded with a
frequency greater than 25 percent (i.e., more than once in 4 years or
any 2 consecutive years), the Monitoring Committee will review fishery
performance information and consider whether changes to measures are
needed.
* * * * *
0
11. In Sec. 648.141, revise paragraphs (a) introductory text, (a)(1)
and (b) to read as follows:
Sec. 648.141 Black sea bass Annual Catch Target (ACT).
(a) Annual Catch Targets. The Monitoring Committee shall identify
and review the relevant sources of management uncertainty to recommend
ACTs for the commercial and recreational fishing sectors as part of the
black sea bass specification process. The Monitoring Committee
recommendations shall identify the specific sources of management
uncertainty that were considered, technical approaches to mitigating
these sources of uncertainty, and any additional relevant information
considered in the ACT recommendation process.
(1) Sectors. Commercial and recreational specific ACTs shall be
less than or equal to the sector-specific ACLs. The Monitoring
Committee shall recommend any reduction in catch necessary to address
sector-specific management uncertainty, consistent with paragraph (a)
of this section.
* * * * *
(b) Performance review. The Monitoring Committee shall conduct a
detailed review of fishery performance relative to ACTs in conjunction
with any ACL performance review, as outlined in Sec. 648.140(b)(1)-
(3).
0
12. In Sec. 648.142, revise paragraphs (a) introductory text, (a)(7),
(a)(10), (b), (d) introductory text, (d)(1) and (d)(2)(i) through (iv)
to read as follows:
Sec. 648.142 Black sea bass specifications.
(a) Specifications. Commercial quota, recreational landing limit,
research set-aside, and other specification measures. The Monitoring
Committee will recommend to the MAFMC and the ASMFC, through the
specification process, for use in conjunction with the ACL and ACT,
sector-specific research set-asides, estimates of the sector-related
discards, a recreational harvest limit, a commercial quota, along with
other measures, as needed, that are projected to prevent overages of
the applicable specified limits or targets for each sector as
prescribed in the FMP. The following measures are to be considered by
the Monitoring Committee:
* * * * *
(7) A recreational possession limit.
* * * * *
(10) Recreational state conservation equivalent and precautionary
default measures utilizing possession limits, minimum fish sizes, and/
or seasons.
* * * * *
(b) Specification fishing measures. The MAFMC shall review the
Monitoring Committee recommendations and, based on the recommendations
and public comment, make recommendations to the Regional Administrator
on measures projected to constrain the sectors to the applicable limit
or target as prescribed in the FMP. Included in the recommendation will
be supporting documents, as appropriate, concerning the environmental
and economic impacts of the final rule. The Regional Administrator will
review these recommendations and any recommendations of the ASMFC.
After such review, the Regional Administrator will publish a proposed
rule in the Federal Register to implement a commercial quota, a
recreational harvest limit, and additional management measures for the
commercial fishery.
* * * * *
(d) Recreational specification measures. The Monitoring Committee
shall recommend to the MAFMC and ASMFC measures that are projected to
prevent overages of the applicable recreational target as prescribed in
the FMP. The MAFMC shall review these recommendations and, based on the
recommendations and any public comment, recommend recreational
management measures to the Regional Administrator. The MAFMC's
recommendations must include supporting documentation, as appropriate,
concerning the environmental and economic impacts of the
recommendations. The MAFMC and the ASMFC will recommend that the
Regional Administrator implement either:
(1) Coastwide measures. Annual coastwide management measures that
constrain the recreational black sea bass fishery to the recreational
target as specified in the fishery management plan, or
(2) * * *
(i) After review of the recommendations, the Regional Administrator
will publish a proposed rule in the Federal Register as soon as
possible to implement the overall recreational target required for the
fishing year(s), and the ASMFC's recommendation concerning conservation
equivalency, the precautionary default measures, and coastwide
measures.
(ii) The ASMFC will review conservation equivalency proposals and
determine whether or not they achieve the necessary recreational
target. The ASMFC will provide the Regional Administrator with the
individual state and/or multi-state region conservation measures for
the approved state and/or multi-state region proposals and, in the case
of disapproved state and/or multi-state region proposals, the
precautionary
[[Page 76607]]
default measures that should be applied to a state or region. At the
request of the ASMFC, precautionary default measures would apply to
federally permitted party/charter vessels and other recreational
fishing vessels harvesting black sea bass in or from the EEZ when
landing in a state that implements measures not approved by the ASMFC.
(iii) After considering public comment, the Regional Administrator
will publish a final rule in the Federal Register to implement either
the state or regional conservation equivalency measures or coastwide
measures to ensure that the applicable specified target is not
exceeded.
(iv) The ASMFC may allow states or regions assigned the
precautionary default measures to resubmit revised management measures.
The ASMFC will detail the procedures by which the state or region can
develop alternate measures. The ASMFC will notify the Regional
Administrator of any resubmitted state or regional proposals approved
subsequent to publication of the final rule and the Regional
Administrator will publish a document in the Federal Register to notify
the public.
* * * * *
0
13. In Sec. 648.143, revise paragraphs (c) and (d) to read as follows:
Sec. 648.143 Black sea bass accountability measures.
* * * * *
(c) Recreational ACL Evaluation. The recreational sector ACL will
be evaluated based on a 3-year moving average comparison of total catch
(landings and dead discards). Both landings and dead discards will be
evaluated in determining if the 3-year average recreational sector ACL
has been exceeded.
(d) Recreational AMs. If the recreational ACL is exceeded, then the
following procedure will be followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is
less than 0.5), the stock is under a rebuilding plan, or the biological
reference points (B or BMSY) are unknown, and the recreational ACL has
been exceeded, then the exact amount, in pounds, by which the most
recent three-year average recreational catch estimate exceeded the most
recent three-year average recreational ACL will be deducted in the
following fishing year, or as soon as possible thereafter, once catch
data are available, from the recreational ACT. This payback may be
evenly spread over two years if doing so allows for use of identical
recreational management measures across the upcoming two years.
(2) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/B<INF>MSY</INF> is greater
than 0.5), but below the biomass target (B/B<INF>MSY</INF> is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(i) If the Recreational ACL has been exceeded. If the Recreational
ACL has been exceeded, then adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(ii) If the fishing mortality (F) has exceeded FMSY (or the proxy).
If the most recent estimate of total fishing mortality exceeds FMSY (or
the proxy) then an adjustment to the recreational ACT will be made as
soon as possible once catch data are available, as described in
paragraph (d)(2)(ii)(A) of this section. If an estimate of total
fishing mortality for the most recent complete year of catch data is
not available, then a comparison of total catch relative to the ABC
will be used.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the most recent three-year average
recreational catch and the most recent three-year average recreational
ACL, and the payback coefficient, as specified in paragraph
(d)(2)(ii)(B) of this section. This payback may be evenly spread over
two years if doing so allows for use of identical recreational
management measures across the upcoming two years.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimate of biomass and B<INF>MSY</INF> (i.e.,
B<INF>MSY</INF>-B) divided by one-half of B<INF>MSY</INF>.
(3) If biomass is above BMSY. If the most recent estimate of
biomass is above B<INF>MSY</INF> (i.e., B/B<INF>MSY</INF> is greater
than 1.0), then adjustments to the recreational management measures,
taking into account the performance of the measures and conditions that
precipitated the overage, will be made in the following fishing year,
or as soon as possible thereafter, once catch data are available, as a
single-year adjustment.
* * * * *
0
13. In Sec. 648.160, revise paragraph (b) to read as follows:
Sec. 648.160 Bluefish Annual Catch Limit (ACL).
* * * * *
(b) Performance review. The Bluefish Monitoring Committee shall
conduct a detailed review of fishery performance relative to the ACL at
least every 5 years.
(1) If the ACL is exceeded with a frequency greater than 25 percent
(i.e., more than once in 4 years or any 2 consecutive years), the
Bluefish Monitoring Committee will review fishery performance
information and consider whether changes to measures are needed.
(2) The MAFMC may specify more frequent or more specific ACL
performance review criteria as part of a stock rebuilding plan
following the determination that the bluefish stock has become
overfished.
(3) Performance reviews shall not substitute for annual reviews
that occur to ascertain if prior year ACLs have been exceeded, but may
be conducted in conjunction with such reviews.
0
14. In Sec. 648.162, revise paragraphs (a) introductory text and (c)
to read as follows:
Sec. 648.162 Bluefish specifications.
(a) Recommended measures. Based on the annual review and requests
for research quota as described in paragraph (h) of this section, the
Bluefish Monitoring Committee shall recommend to the MAFMC and the
ASMFC the following measures to ensure that the ACL specified by the
process outlined in Sec. 648.160(a) will not be exceeded:
* * * * *
(c) Annual fishing measures. The MAFMC shall review the
recommendations of the Bluefish Monitoring Committee. Based on these
recommendations and any public comment, the MAFMC shall recommend to
the Regional Administrator by September 1 measures necessary to prevent
overages of the applicable specified limits or targets for each sector
as prescribed in the FMP. The MAFMC's recommendations must include
supporting documentation, as appropriate, concerning the environmental,
economic, and social impacts of the recommendations. The Regional
Administrator shall review these recommendations and any
recommendations of the ASMFC. After such review, NMFS will publish a
[[Page 76608]]
proposed rule in the Federal Register as soon as practicable to
implement ACLs, ACTs, research quota, a coastwide commercial quota,
individual state commercial quotas, a recreational harvest limit, and
additional management measures for the commercial and recreational
fisheries to prevent overages of the applicable specified limits or
targets for each sector as prescribed in the FMP. After considering
public comment, NMFS will publish a final rule in the Federal Register.
* * * * *
0
15. In Sec. 648.163 revise paragraphs (a), (d) and (f) to read as
follows:
Sec. 648.163 Bluefish Accountability Measures (AMs).
(a) ACL overage evaluation. The ACLs will be evaluated based on a
single-year examination of total catch (landings and dead discards).
Both landings and dead discards will be evaluated in determining if the
ACLs have been exceeded.
* * * * *
(d) Recreational landings AM when the recreational ACL is exceeded
and no sector-to-sector transfer of allowable landings has occurred. If
the recreational ACL is exceeded and no transfer between the commercial
and recreational sector was made for the fishing year, as outlined in
Sec. 648.162(b)(2), then the following procedure will be followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the B<INF>MSY</INF> threshold
(i.e., B/B<INF>MSY</INF> is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
B<INF>MSY</INF>) are unknown, and the recreational ACL has been
exceeded, then the exact amount, in pounds, by which the most recent
year's recreational catch estimate exceeded the most recent year's
recreational ACL will be deducted from the following year's
recreational ACT, or as soon as possible thereafter, once catch data
are available. This payback may be evenly spread over two years if
doing so allows for use of identical recreational management measures
across the upcoming two years.
(2) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/B<INF>MSY</INF> is greater
than 0.5), but below the biomass target (B/B<INF>MSY</INF> is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(i) If the recreational ACL has been exceeded. If the recreational
ACL has been exceeded, then adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(ii) If the fishing mortality (F) has exceeded FMSY (or the proxy).
If the most recent estimate of total fishing mortality exceeds FMSY (or
the proxy) then an adjustment to the recreational ACT will be made as
soon as possible once catch data are available. If an estimate of total
fishing mortality for the most recent complete year of catch data is
not available, then a comparison of total catch relative to the ABC
will be used.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the
recreational ACL overage and the payback coefficient, as specified in
paragraph (d)(2)(ii)(B) of this section. This payback may be evenly
spread over two years if doing so allows for use of identical
recreational management measures across the upcoming two years.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimates of B<INF>MSY</INF> and biomass (i.e.,
B<INF>MSY</INF>-B) divided by one-half of B<INF>MSY</INF>.
(3) If biomass is above BMSY. If the most recent estimate of
biomass is above BMSY (i.e., B/BMSY is greater than 1.0), then
adjustments to the recreational management measures, taking into
account the performance of the measures and conditions that
precipitated the overage, will be made in the following fishing year,
or as soon as possible thereafter, once catch data are available, as a
single-year adjustment.
* * * * *
(f) Non-landing AMs. In the event that the fishery-level ACL has
been exceeded and the overage has not been accommodated through the AM
measures in paragraphs (a) through (d) of this section, then the exact
amount, in pounds, by which the fishery-level ACL was exceeded shall be
deducted, as soon as possible, from subsequent, single fishing year
ACTs. The payback will be applied to each sector's ACT in proportion to
each sector's contribution to the overage.
* * * * *
[FR Doc. 2022-27118 Filed 12-14-22; 8:45 am]
BILLING CODE 3510-22-P
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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.