Rule2023-17121
Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2023
Primary source
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Published
August 15, 2023
Effective
August 15, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces Federal management measures for the 2023 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 targets and thereby prevent overfishing of the summer flounder, scup, and black sea bass stocks.
Full Text
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[Federal Register Volume 88, Number 156 (Tuesday, August 15, 2023)]
[Rules and Regulations]
[Pages 55411-55419]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17121]
[[Page 55411]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230804-0184]
RIN 0648-BM09
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2023
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS announces Federal management measures for the 2023 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 targets and thereby
prevent overfishing of the summer flounder, scup, and black sea bass
stocks.
DATES: This rule is effective August 15, 2023.
ADDRESSES: Copies of this final rule and the small entity compliance
guide prepared for permit holders are available from: Michael Pentony,
Regional Administrator, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01938 and accessible via the
internet at: <a href="https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/northeast-groundfish-monitoring-program">https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/northeast-groundfish-monitoring-program</a>.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Policy Analyst,
(978) 281-9145, or <a href="/cdn-cgi/l/email-protection#f2bf938099dcb580939c86b29c9d9393dc959d84"><span class="__cf_email__" data-cfemail="8cc1edfee7a2cbfeede2f8cce2e3ededa2ebe3fa">[email protected]</span></a>.
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.
This is the first time a new approach for developing recreational
summer flounder, scup, and black sea bass recreational management
measures is being used. The new process, referred to as the Percent
Change Approach, was part of Framework Adjustment 17 to the Summer
Flounder and Black Sea Bass Fishery Management Plan (FMP) and Framework
Adjustment 6 to the Bluefish FMP (March 9, 2023, 88 FR 14499). The
Percent Change Approach is a harvest control rule designed by the
Council and Commission for use in managing mid-Atlantic recreational
fisheries and uses two factors to determine if management measures
could remain status quo, could be liberalized, or must be restricted.
These two factors are: (1) A 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 2 years; and
(2) biomass compared to the target level, as defined by the most recent
stock assessment. These two factors also determine the appropriate
degree of change, defined as a percentage change in expected harvest.
Changes to recreational management measures to achieve the required
percent change are evaluated by the Monitoring Committee consisting of
representatives from the Commission, the Council, state marine fishery
agencies from Massachusetts to North Carolina, and NMFS. The FMP limits
the choices for the types of measures to: Minimum and/or maximum fish
size; per angler possession limit; and fishing season. A description of
the application of this process for each species is provided below.
In this final rule, NMFS is implementing conservation equivalency
to manage the 2023 summer flounder and black sea bass recreational
fisheries, as proposed on March 30, 2023 (88 FR 19046). Under
conservation equivalency, Federal recreational measures are waived and
federally permitted party/charter vessels and all recreational vessels
fishing in Federal waters are subject to the recreational fishing
measures implemented by the state in which they land. This approach
allows for more customized measures at a state or regional level that
are likely to meet the needs of anglers in each area, compared to
coastwide measures that may be advantageous to anglers in some areas
and unnecessarily restrictive in others. The combination of state or
regional measures must be ``equivalent'' in terms of conservation to a
set of ``non-preferred coastwide measures,'' which are recommended by
the Council and the Board each year. States, through the Commission,
are collectively implementing measures designed to constrain landings
to the 2023 harvest targets. 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 (88 FR 19046, March 30, 2023) and not repeated here.
For scup, we are implementing a 40-fish possession limit, and an
open season of May 1 through December 31. These measures are consistent
with the December 2022 recommendation of the Council and Commission's
Summer Flounder, Scup, and Black Sea Bass Board. However, at the March
2, 2023, meeting of only the Board, the Board requested that we
reconsider the January 1 through April 30 Federal scup closure. Our
rationale (which incorporates our reconsideration) for implementing the
closure is explained in more detail below.
Scup Recreational Management Measures
Application of the Percent Change Approach and the bio-economic
model used to evaluate recreational behavior and catch resulted in a
recommended 10-percent reduction in scup harvest in 2023.
[[Page 55412]]
Table 1--Estimated 2023 Scup Harvest, Associated CI, 2023 RHL, Stock Size Category, and Resulting Percent Change
Recommended for 2023
----------------------------------------------------------------------------------------------------------------
Estimated harvest under Stock size
Status quo measures 80-percent CI 2023 RHL category Recommended percent change
----------------------------------------------------------------------------------------------------------------
14.31 million lb (6,490 mt).. 11.55-16.26 9.27 million lb Very High......... 10-Percent Reduction.
million lb \1\ (4,204 mt).
(5,216-7,375
mt).
----------------------------------------------------------------------------------------------------------------
\1\ In the proposed rule, the incorrect CI of 9.90-17.40 million lb (4,490-7,892 mt) was presented. This CI is
the correct value range. It does not change the conclusions.
The previously implemented Federal recreational scup management
measures were a 10-inch (25.4-cm) minimum fish size, a 50-fish per
person possession limit, and a year-round open season.
The measures being implemented in state waters collectively achieve
a reduction of approximately 9.5 percent. The exact contribution (in
terms of the percent reduction) of the Federal actions cannot be
accurately quantified, but they will contribute to the overall
reduction, and we expect the required 10-percent reduction will be
achieved by the combined Federal actions and state waters measures.
Given the timing of the management process, Federal and state
waters measures are not possible to implement at the start of the
fishing year (January 1), and often are not effective until spring
(May/June). However, the analyses used to determine the needed
management changes often assume that changes can and will be made
throughout the fishing year. Given the timing of this final rule, the
Federal scup closure from January through April will not be effective
until 2024. If, during the course of the fishing year, data indicate
that the closure is not necessary, there are opportunities for the
Council and the Commission's Summer Flounder, Scup, and Black Sea Bass
Board to recommend action prior to January 1, to reopen all or some of
the closure. At this time, we cannot determine that it would be
appropriate to eliminate the closure. Additionally, the States of
Massachusetts, Rhode Island, Connecticut, and New Jersey, where more
than 99 percent of all recreationally harvested scup are landed, have
all selected State waters measures that include a closure during
January through April to help achieve the required reduction. These
State waters closures will remain in place in 2024, and having Federal
waters closed during the same period next year will promote compliance
and enforcement with the States' measures.
We are implementing a Federal recreational scup possession limit of
40 fish per person, and an open season from May 1 through December 31.
No changes to the Federal minimum size are being made. The Federal
measures, in conjunction with changes to state waters measures, are
expected to achieve the needed 10-percent harvest reduction.
Summer Flounder Recreational Management Measures
On April 20, 2023, the Commission notified NMFS that it has
certified that the 2023 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 2023.
In addition, this action revises the default `non-preferred' summer
flounder coastwide measures at Sec. Sec. 648.104(b), 648.105, and
648.106(a). For 2023, the non-preferred coastwide measures are an 18-
inch (45.72-cm) minimum fish size; a 3-fish per person possession
limit; and an open season from May 15 through September 22. Compared to
2022, this is a decrease in the non-preferred minimum size from 18.5
inches to 18 inches (45.72 cm to 48.26 cm) total length; a 1-fish
reduction of the possession limit; and an increase in the season
length. The non-preferred coastwide measures become the default
management measures in the subsequent fishing year, in this case 2024,
until the joint process establishes either non-preferred coastwide
measures or conservation-equivalency measures for the next year.
Black Sea Bass Recreational Management Measures
On April 20, 2023, the Commission notified NMFS that it has
certified that the 2023 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 Sec. Sec. 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 2023.
In addition, this action revises the default `non-preferred' black
sea bass coastwide measures. For 2023, the non-preferred coastwide
measures are: A 15-inch (12.7-cm) minimum size; a 5-fish possession
limit; and an open season of May 15 through September 8. Compared to
2022, this is a 1-inch (2.54-cm) increase to the minimum size and a 1-
month reduction to the season length. The non-preferred coastwide
measures become the default management measures in the subsequent
fishing year, in this case 2024, until the joint process establishes
either non-preferred coastwide measures or conservation-equivalency
measures for the next year.
Changes From the Proposed Rule
There are no changes to the proposed rule, but there are
corrections to two tables that appeared in the proposed rule. As noted
above, the estimated scup harvest's CI values in Table 1 have been
corrected. In the proposed rule, the incorrect CI was presented. In
this rule, the correct CI is included in Table 1.
Further, in the proposed rule, Table 3 contained the incorrect
black sea bass RHL value. The following table, Table 2, contains the
correct RHL.
[[Page 55413]]
Table 2--Estimated 2023 Black Sea Bass Harvest, Associated CI, 2023 RHL, Stock Size Category, and Resulting
Percent Change Recommended for 2023
----------------------------------------------------------------------------------------------------------------
Estimated harvest under Stock size
status quo measures 80-percent CI 2023 RHL category Recommended percent change
----------------------------------------------------------------------------------------------------------------
7.93 million lb (3,597 mt)... 7.17-8.63 6.57 million lb Very High......... 10-Percent Reduction.
million lb \2\ (2,981 mt).
(3,252-3,915
mt).
----------------------------------------------------------------------------------------------------------------
\2\ In the proposed rule, an incorrect RHL of 6.74 million lb (3,057 mt) was listed. This RHL is the correct
value. It does not change the conclusions.
The errors existed only in the proposed rule tables and did not
affect the determination of recreational measures.
Comments and Responses
We received 14 unique comment letters in response to the proposed
rule (88 FR 19046, March 30, 2023). Comments are grouped and summarized
by topic. One of these comments was not relevant to the proposed rule
and is not discussed further. Many comments focused in whole or in part
on state measures or on the allocation between the commercial and
recreational fisheries, neither of which were part of the proposed
action and, therefore, are not addressed in the following responses.
General Comments on the 2023 Recreational Measures
Comment 1: The Massachusetts Division of Marine Fisheries (MADMF)
generally supported approval of the proposed measures and focused on
the need for, and benefits of, the proposed Federal recreational scup
measures. Three commenters generally opposed approval of the proposed
2023 recreational measures. Specifically, one individual opposed
conservation equivalency because it is based on the overall weight of
catch and not fish lengths. A party/charter fishing advocate opposed
closed seasons and cited negative economic effects. The Natural
Resources Defense Council (NRDC) opposed the proposed measures because
they are based on the new process (known as the Percent Change
Approach) for setting recreational measures (i.e., bag, size, and
season limits) implemented by Framework Adjustment 17 (88 FR 14499,
March 9, 2023). In particular, NRDC argued the recreational measures
for 2023 would allow recreational catch to exceed the recreational
annual catch limits (ACL) in violation of National Standard 1 of the
Magnuson-Stevens Fishery Conservation and Management Act (MSA).
Response: The Council and the 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. For summer flounder and black sea
bass, we must implement `non-preferred' coastwide measures or approve
state-developed conservation-equivalent measures per Sec. Sec.
648.102(d) and 648.142(d), as soon as possible following the
recommendation from the Council and Commission. On April 20, 2023, the
Commission formally notified us of its determination that the states
have implemented, or are in the process of implementing conservation-
equivalent state measures that should be approved for 2023. In
accordance with Sec. Sec. 648.107(a)(1) and 648.142(d)(2), in this
final rule we are approving and implementing conservation equivalency
for both species for 2023. For scup, we are implementing adjustments to
the Federal recreational season and possession limit for 2023 as
proposed. We respond in detail to specific comments on the measures
below.
Comment 2: A party/charter fishing advocate commented that the 2023
recreational measures for summer flounder, scup, and black sea bass
create a disparate and negative economic effect to the party/charter
industry in the mid-Atlantic and southern New England. The commenter
argued that the economic cost for an angler to go fishing is high,
continues to rise, and is not considered by the Council in the
specification-setting process. This commenter also stated that the
rising cost penalizes the party/charter sector and any angler who is
specifically targeting black sea bass for food rather than targeting
striped bass as a sportfish. The Stellwagen Bank Charter Boat
Association (SBCBA) recommended that the party/charter fleet have
separate seasons and possession limits from private recreational
anglers because the fleet needs to operate a financially viable
business while providing access to the fishery for the public.
Response: The 2023 recreational measures were developed and
analyzed using the new Recreational Demand Model (RDM). The RDM
explicitly models the relationship between policy- or stock-induced
changes in trip outcomes and angler behavior. There are three main
components of the RDM: An angler behavioral model; a calibration sub-
model; and a projection sub-model. The angler behavioral model uses
choice experiment survey data (angler survey responses on possible
recreational measures) to estimate angler preferences for harvesting
and discarding summer flounder, scup, and black sea bass. The
projection sub-model computes expected effects on angler effort, angler
welfare, the local economy, and recreational fishing mortality. Using
the model, the Council and Commission considered 225 options for scup,
summer flounder, and black sea bass measures to achieve the
recreational harvest targets determined by the application of the
Percent Change Approach.
In addition to the overall socioeconomic effects included in the
RDM, the Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures as part of the Regulatory Impact
Review (RIR) and Regulatory Flexibility Analysis (RFA) (see ADDRESSES).
The RFA evaluated not only the preferred measures, but also non-
preferred alternatives, and examined the economic effects to federally
permitted party/charter vessels. It is not possible to accurately
quantify the economic impact of measures on party/charter vessels, but
all the affected party/charter businesses were determined to be small
businesses. The restrictions for scup and black sea bass to achieve a
10-percent reduction in harvest could result in a decrease in for-hire
trips, decreased for-hire revenues, and overall slight negative impacts
to the recreational for-hire businesses. No impacts to for-hire
businesses are expected from state/regional summer flounder measures
because they are expected to remain unchanged.
Comment 3: The SBCBA commented that the proposed 10-percent
recreational harvest reduction for scup and black sea bass is
inconsistent with its observations of biomass of both species in
Massachusetts' waters.
[[Page 55414]]
Further, it stated that the ongoing and continued reductions in seasons
and bag limits at a time when its observations of black sea bass and
scup biomass have significantly increased has the public frustrated and
losing confidence in the fishery management process.
Response: We agree the biomass of scup and black sea bass are
currently very high. Each species' biomass is more than 150 percent of
the target level. However, the Percent Change Approach evaluates not
only the current biomass in relation to the target biomass, but also
evaluates the projected harvest under status quo measures against the
RHL.
Application of the Percent Change Approach and the RDM resulted in
a recommended 10-percent reduction in scup harvest in 2023. This is
because even though scup has a very high biomass (more than 150 percent
of the target level), harvest under status quo measures is expected to
be above the 2023 RHL. The Federal scup measures implemented by this
rule, in conjunction with changes to state waters measures, are
projected to achieve the needed 10-percent harvest reduction.
Additionally, this rule does not implement state-specific measures
for black sea bass and summer flounder, but waives the Federal
recreational measures for both species. Under conservation equivalency,
Federal recreational measures are waived and federally permitted party/
charter vessels and all private recreational vessels fishing in Federal
waters are subject to the recreational fishing measures implemented by
the state in which they land. States and regions set their own
management measures, which are approved through the Commission process.
Comments on the National Standards
Comment 4: NRDC argued the recreational measures for 2023 would
allow recreational catch to exceed the recreational ACLs in violation
of National Standard 1. Specifically, NRDC alleged the proposed
recreational measures, and the Percent Change Approach in general,
would not constrain recreational catch to the recreational ACLs. It
further argued that any recreational ACL overage would risk exceeding
the acceptable biological catch (ABC) or overfishing limit (OFL)
because the available catch for each stock is allocated fully between
the commercial and recreational sectors.
Response: National Standard 1 states that conservation and
management measures shall prevent overfishing while achieving, on a
continuing basis, the optimum yield from each fishery for the United
States fishing industry. The National Standard guidelines clarify that
this means producing an amount of catch that is, on average, equal to
the Council's specified optimal yield; prevents overfishing; maintains
the long-term average biomass near or above the target biomass; and
rebuilds overfished stocks and stock complexes.
The Percent Change Approach has been established by the rulemaking
implementing Frameworks 17 and 6 and, as such, must be followed in
setting the recreational management measures in this action. Deviating
from this approach would require new rulemaking to modify Frameworks 17
and 6, which is beyond the scope of this action. However, as explained
in detail in the final rule implementing Framework 17, the new Percent
Change Approach is a harvest control rule designed by the Council and
Commission for use in managing mid-Atlantic recreational fisheries and
uses two factors to determine if management measures could remain
status quo, could be liberalized, or must be restricted. These two
factors are: (1) a comparison of the CI around an estimate of expected
harvest under status quo measures to the average RHL for the upcoming 2
years and; (2) biomass compared to the target level, as defined by the
most recent stock assessment. These two factors also determine the
appropriate degree of change, defined as a percentage change in
expected harvest.
The Percent Change Approach does not change the process for setting
measurable and objective status determination criteria (OFL, ABC, ACL)
as required by National Standard 1. The status determination criteria
continue to be based on the best available scientific information as
determined by the Council's Scientific and Statistical Committee. The
Percent Change Approach does not eliminate the recreational ACL or RHL,
and continues to use both in the process of setting measures and
evaluating accountability measures (AM). Together, these measures meet
the requirements of National Standard 1. The Percent Change Approach is
a method for determining the need for, and extent of, recreational
fishing measures to prevent overfishing while allowing catch to target
optimal yield. This new approach attempts to constrain harvest in order
to prevent overfishing while also acknowledging that recreational catch
estimates are uncertain and often highly variable (more so than
commercial catch estimates). The Percent Change Approach makes
incremental adjustments, thus reducing the tendency of management
measures to chase after the highs and lows by either liberalizing or
restricting measures too much in any given year in reaction to
potentially large swings in recreational catch estimates.
The approach also builds in more precaution for stocks at lower
biomass levels. Biomass levels and the target are taken directly from
the approved and peer-reviewed stock assessments that occur every other
year. Consider that when a stock biomass is in decline, it often
becomes less available to the recreational fishery and, therefore,
catch estimates may decline relative to the RHL. Formerly, management
measures would be liberalized, sometimes significantly, while catch
fell due to a declining biomass, increasing fishing pressure on a
declining stock. Conversely, as healthy stocks increase, sometimes far
above the target biomass level, such as the current situations with
black sea bass and scup, the fish become more available to the fishery,
even under restrictive measures, resulting in catch estimates that
exceed the RHL. However, what appear to be overages have, in these
circumstances, been found to have no negative biological impact on
abundant stocks, as when we continue to see increases in biomass in a
subsequent stock assessment. Therefore, not all overages result in
overfishing. For example, black sea bass has not been subject to
overfishing in over 10 years despite sustained high recreational catch
levels that sometimes exceeded the RHL and the recreational ACL.
Prior to implementing the Percent Change Approach, the method used
to determine recreational measures used the same criteria (RHL and
estimated catch), but did not consider or incorporate stock biomass in
determining the extent of changes (whether more liberal or more
conservative). The old method prescribed the same degree of changes to
management measures whether a stock biomass was considered overfished
(less than 50 percent of its maximum sustainable yield target) or over
200 percent of its target level. The Percent Change Approach also
considers the estimated harvest compared to the RHL, but, in contrast
to the previous approach, also incorporates information about stock
status to determine whether, and how much, to either liberalize or
restrict management measures. This ensures more conservative responses
than the previous method for stocks in lower biomass conditions while
allowing potentially more liberal responses only for stocks at very
high biomass levels.
[[Page 55415]]
NRDC's comments focus on the Percent Change Approach for setting
the management measures, but that is only one component of the
management system. In addition to setting the status determination
criteria, AMs remain a critical part of management. The AMs incorporate
the explicit consideration of fishing mortality to determine if
overfishing occurred, which has the effect of more accurately
reflecting when more stringent adjustments to management measures are
needed. Thus, the Percent Change Approach is consistent with the
National Standard 1 requirement to use status determination criteria to
determine overfishing status.
Comments on Summer Flounder Measures
Comment 5: NRDC commented that the 10.92-million lb (4,953 mt)
summer flounder harvest target for 2023 is above the 10.62-million lb
(4,817 mt) RHL specified for 2023 (88 FR 11, January 3, 2023), argued
that including dead discards would exceed the 14.9-million lb (6,759
mt) recreational ACL, and alleged this violates the MSA.
Response: The Percent Change Approach does not eliminate the
recreational ACL or RHL, and continues to use both in the process of
setting measures and evaluating AMs. We expect summer flounder harvest
under the status quo measures to be consistent with the RHL. As
explained in detail below, application of the Percent Change Approach
and the RDM generated conflicting results for summer flounder depending
on the model parameters used. The 10.92-million lb (4,953 mt) summer
flounder harvest target is only one of the estimated outcomes of the
recreational measures, and is not statistically different from the
10.62-million lb (4,817 mt) RHL specified for 2023, as indicated by the
80-percent CI of 9.23-12.94 million lb (4,186-5,869 mt).
The intent of the Percent Change Approach is to iteratively adjust
measures as necessary to prevent overfishing and more closely monitor
the impact that recreational harvest has on a stock. The potential
annual adjustments are constrained within a range of certain
percentages in order to minimize the social and economic impact of the
large adjustments that were sometimes implemented under the previous
system and that were driven by large statistical fluctuations in the
data used to estimate catch.
Recreational data are highly variable and uncertain due, in part,
to the sampling protocols used to separately collect information about
effort and catch data. Catch estimates, even under consistent
management measures, vary substantially from year to year. An effective
system of managing the recreational fishery must acknowledge and
address this variability and uncertainty. The past approach of reacting
to large and uncertain swings in estimated harvest by correspondingly
liberalizing or reducing those management controls in the subsequent
year, in an attempt to achieve a specific harvest target, has been
unsuccessful by all standards. The Percent Change Approach allows
managers to consider additional scientific information beyond simply
using an uncertain catch estimate when setting recreational measures to
achieve optimum yield. Based on an evaluation of the current harvest
levels compared to the upcoming RHLs and of the biomass relative to the
target, the Percent Change Approach prescribes the degree of change
necessary to be achieved by the recreational management measures. When
a stock is at a lower biomass than the management target, such as the
current situation for summer flounder, the management responses are
more precautionary. This is because the conservation risk associated
with overages is greater for stocks that are less abundant, whereas
stocks that are well above their target biomass are more robust in the
face of higher levels of fishing mortality. The overall goal of the
Percent Change Approach is to iteratively adjust management measures to
achieve the RHL, while minimizing potential overreaction
(overcorrection) to annual variability in the harvest estimates.
As explained in detail in the proposed rule (88 FR 19046, March 30,
2023), this is the first time the Percent Change Approach was used for
developing summer flounder, scup, and black sea bass recreational
management measures. Application of the Percent Change Approach and the
RDM generated conflicting results for summer flounder, depending on the
initial assumptions used in the model configuration, specifically with
regard to the years selected for Marine Recreational Information
Program (MRIP) data used to project the amount of catch per trip. When
the most recent complete year of MRIP data (2021) was used, the model-
estimated summer flounder harvest under status quo measures was 8.38
million lb (3,801 mt), which is below the 2023 RHL. When an average of
2018-2022 MRIP data was used to determine the catch per trip, the
model-estimated summer flounder harvest was 10.92 million lb (4,953
mt), which is slightly above the 2023 RHL. While these estimates are
not significantly different, because of the way the Percent Change
Approach uses the estimates and CIs, the recommended management action
resulting from each estimate was different. The model run using only
2021 data resulted in a recommended 10-percent liberalization, and the
model run using the 2018-2022 average resulted in a recommended 10-
percent reduction in summer flounder harvest. Given the conflicting
results, and uncertainty about which model run was more likely to
reflect 2023 harvest, the Council and Board made some adjustments to
the non-preferred coastwide measures, but ultimately decided to
maintain status quo measures at the state and regional levels. This
rule adopts the Council's recommendation.
Comment 6: One member of the public, who opposed conservation
equivalency because it is based on overall weight of catch and not fish
lengths, commented that breeding summer flounder should not be targeted
and argued there should be a possession limit of one 20-inch (50.8-cm)
or larger fish per person per day. The individual further commented
that mostly 16-inch (40.6-cm) to 19-inch (48.3-cm) summer flounder
should be retained. A second member of the public commented that summer
flounder recreational measures should be four fish with a minimum fish
size of 16 inches (40.6 cm), with an open season from April 29 through
October 10. This second individual also suggested we consider separate
measures and seasons for inshore and offshore areas.
Response: This rule does not implement state-specific measures for
summer flounder, but rather waives the Federal recreational measures
for summer flounder. Under conservation equivalency, Federal
recreational measures are waived and federally permitted party/charter
vessels and all recreational vessels fishing in Federal waters are
subject to the recreational fishing measures implemented by the state
in which they land. States and regions set their own management
measures, which are then approved through the Commission process.
The combination of state or regional measures must achieve
equivalent conservation in lieu of the non-preferred coastwide
measures, which are intended to maintain a status quo recreational
harvest. The coastwide harvest target was calculated using the Percent
Change Approach and the RDM. The non-preferred coastwide measures that
are being waived include an 18-inch (45.7-cm) minimum size, a 3-fish
bag limit, and an open season from May 15
[[Page 55416]]
through September 22. The precautionary default measures remain
unchanged and include a 20-inch (50.8-cm) minimum size, a 2-fish bag
limit, and an open season from July 1 through August 31. With the
adoption and implementation of conservation equivalency, these
particular management measures will not be applicable to summer
flounder in 2023.
Comments on Black Sea Bass Measures
Comment 7: NRDC commented that the 7.14-million lb (3,239 mt) black
sea bass harvest target for 2023 is above the 6.57-million lb (2,981
mt) RHL specified for 2023 (88 FR 11, January 3, 2023), argued that
including dead discards would exceed the 9.16-million lb (4,156 mt)
recreational ACL, and alleged this violates the MSA.
Response: As explained in the response to Comment 5, the goal of
the Percent Change Approach is to iteratively adjust management
measures to achieve the RHL, while minimizing potential overreaction
(overcorrection) to annual variability in the harvest estimates. From
2018 to 2021, recreational management measures for summer flounder,
scup, and black sea bass remained unchanged, yet the estimated harvest
varied by as much as 45 percent from year to year. Estimated black sea
bass recreational catch ranged from 10.20 million lb to 16.17 million
lb (4,626 to 7,335 mt) from 2018 to 2021 despite nearly all management
measures remaining the same. Such significant differences in estimated
catch under the same management measures (input controls) has made
setting management measures in a manner that will precisely reach, but
not exceed, a specific catch limit in any given year extremely
challenging. Reacting to these large, uncertain swings in estimated
harvest, by liberalizing or reducing those management controls in the
subsequent year in an attempt to achieve a specific harvest target, has
been unsuccessful by all standards. This has been particularly
difficult with robust stocks, such as scup and black sea bass, which
continue to grow even in situations where harvest has exceeded
previously set limits. Such stocks that are readily and widely
available to the recreational fishery because of their high abundance
will continue to be harvested, even with very restrictive management
measures, and the previous recreational measures-setting process would
have continued to chase a target that has proven difficult to reach.
The Percent Change Approach allows managers to consider additional
scientific information beyond an uncertain catch estimate when setting
recreational measures to achieve optimum yield. Based on an evaluation
of the current harvest levels compared to the upcoming RHLs, and the
biomass relative to the target, the Percent Change Approach prescribes
the degree of change necessary to be achieved by the recreational
management measures. When a stock is at a lower biomass (below the
biomass target) the management responses are more precautionary. For
example, even when harvest is expected to be close to the upcoming RHL,
a 10-percent reduction is required for a stock in the low biomass
category. For stocks such as black sea bass that have a very high
biomass (more than 150 percent of the biomass target), a liberalization
of no more than 10 percent would be allowed when harvest is close to
the RHL. When harvest is expected to be higher than the RHL, a
reduction is required regardless of stock size, but a reduction may be
more significant for stocks at lower stock sizes. For stocks at very
high biomass, a 10-percent reduction is required, and stocks at a high
and low biomass are required to take a reduction based on the
difference between the harvest estimate and RHL. This is because the
conservation risk associated with overages is greater for stocks that
are less abundant, whereas stocks that are well above their target
biomass are more robust in the face of higher levels of fishing
mortality.
Application of the Percent Change Approach and the RDM resulted in
a recommendation of a 10-percent reduction in black sea bass harvest in
2023. This is because black sea bass has a very high biomass, but
harvest under status quo measures is expected to be above the RHL. As
healthy stocks increase, sometimes far above the target biomass level,
such as with black sea bass and scup in 2023, the fish become more
available to the fishery, even under restrictive measures, resulting in
catch estimates that exceed the RHL. However, what appear to be
overages often have no negative biological impact on abundant stocks.
We continue to see increases in biomass of these stocks through
subsequent stock assessments. The conservation risk of the Percent
Change Approach, which reduces the magnitude of a needed reduction
compared to what would occur with the previous approach, on a stock
that is over 150 percent of its biomass target, is negligible. The
Magnuson-Stevens Act defines overfishing as a ``rate or level of
fishing mortality that jeopardizes the capacity of a fishery to produce
the maximum sustainable yield on a continuing basis'' (emphasis added).
This scenario in which a stock continues to maintain a biomass
significantly above the target, does not constitute overfishing.
It is important to again note the uncertainty in estimated
recreational harvests; this uncertainty is one of the main drivers for
adoption of the Percent Change Approach in Framework 17 and for being
used in this action. Here, the 80-percent CI around the estimated black
sea bass recreational harvest using status quo measures ranges from
7.17 million lb (3,252 mt) to 8.63 million lb (3,914 mt), meaning that
statistically the estimate can fall anywhere in that range with equal
likelihood. If recreational harvest is at the lower end of the range,
with the 10-percent reduction adopted here, the recreational harvest
would fall below the RHL.
Comment 8: One member of the public commented that black sea bass
measures should include: A closure in January and February; a bag limit
of 10 fish over 12 inches (30.5 cm) from April 30 through July 15; a
bag limit of 2 fish over 13 inches (33 cm) from July 15 through
September 1; and a bag limit of 10 fish over 13 inches (33 cm) from
September 2 through December 31. A second individual argued the goal of
changing measures for 2023 is to reduce recreational demand, not to
increase it, and argued that increasing the minimum size for black sea
bass increases the recreational demand. We also received several
comments that expressed dissatisfaction with the specific state
regulations that are being implemented to meet the conservationally
equivalent reduction in recreational harvest of 10 percent.
Response: This rule does not implement state-specific measures for
black sea bass, but rather waives the Federal recreational measures for
black sea bass. Under conservation equivalency, Federal recreational
measures are waived and federally permitted party/charter vessels and
all recreational vessels fishing in Federal waters are subject to the
recreational fishing measures implemented by the state in which they
land. States and regions set their own management measures, which are
approved through the Commission process.
The combination of state or regional measures must achieve
equivalent conservation as the non-preferred coastwide measures. The
coastwide harvest target was calculated using the Percent Change
Approach and the RDM. The non-preferred coastwide measures that are
being waived include a 15-inch (38.1-cm) minimum size, a 5-fish bag
limit, and an open season from May 15 through September 8. The
precautionary
[[Page 55417]]
default measures remain unchanged and include a 16-inch (40.6-cm)
minimum size, a 2-fish bag limit, and an open season June 1 through
August 31. With the adoption and implementation of conservation
equivalency, these particular management measures will not be
applicable to black sea bass in 2023.
Comments on Scup Measures
Comment 9: NRDC commented that the 14.31-million lb (6,490 mt) scup
harvest target for 2023 is above the 9.27-million lb (4,205 mt) RHL
specified for 2023 (88 FR 11, January 3, 2023), argued that including
dead discards would exceed the 10.39-million lb (4,713 mt) recreational
ACL, and alleged this violates the MSA.
Response: As explained in the responses to Comments 5 and 7, the
goal of the Percent Change Approach is to iteratively adjust management
measures to achieve the RHL, while minimizing potential overreaction
(overcorrection) to annual variability in the harvest estimates.
Application of the Percent Change Approach and the RDM resulted in
a recommendation of a 10-percent reduction in scup harvest in 2023.
This is because scup has a very high biomass, but harvest under status
quo measures is expected to be above the RHL. As described in response
to Comment 7, fish become more available to the fishery as healthy
stocks increase, even under restrictive measures, resulting in catch
estimates that exceed the RHL. However, what appear to be overages
often have no negative biological impact on abundant stocks. We
continue to see increases in biomass of these stocks through subsequent
stock assessments. This scenario in which a stock continues to maintain
a biomass significantly above the target does not constitute
overfishing.
It is important to again note the uncertainty in estimated
recreational harvests. This uncertainty is one of the main drivers for
adoption of the Percent Change Approach in Framework 17 and for being
used in this action. Here, the 80-percent CI around the estimated scup
recreational harvest using status quo measures ranges from 11.55
million lb (5,216 mt) to 16.26 million lb (7,375 mt), meaning that
statistically the estimate can fall anywhere in that range with equal
likelihood. With the 10-percent reduction adopted here, recreational
harvest of scup could be anywhere from 10.39 million pounds (4,715 mt)
to 14.63 million pounds (6,638 mt), a range from 12 percent to 58
percent over the RHL. With such high scup biomass, making drastic
adjustments of recreational catch may prove to be unwarranted as stocks
increase; thus, the Percent Change Approach adopted in Framework 17
established a 10-percent reduction in this circumstance. To the extent
that biomass remains high and additional reductions are needed the next
time that recreational measures are developed, another 10-percent
reduction would occur, moving gradually in the needed direction.
However, in contrast with the inherent variability and uncertainty in
recreational catch data in the context of a growing scup stock, drastic
changes to measures could prove to be unwarranted, and could lead to
the undesirable result of increased recreational discards of dead fish.
Furthermore, a determination of overfishing involves analysis of
total catch, which included commercial catch as well as recreational
catch. An overage of the recreational ACL does not necessarily mean
that the overall ABC was exceeded if underharvest of the commercial ACL
is equal to or greater than that overage of the recreational ACL. While
separate sub-ACLs are allocated to the commercial and recreational
fisheries, overfishing is a biological determination at the stock
level, not the sub-ACL level. The commercial fishery did not completely
harvest its commercial quota in any year between 2016 and 2021. The
commercial underharvest in those years ranged between 16 percent and 44
percent. Moreover, from 2018 to 2021, the commercial sector only landed
between 55 percent and 63 percent of its allocated scup quota, an
annual average of 13.42 million lb (6,087 mt) landed compared to 22.67
million lb (10,283 mt) of commercial quota. In such a scenario, a
recreational harvest slightly above the RHL is unlikely to result in
negative biological consequences for the scup stock where the overall
total of commercial and recreational harvests remains below the overall
ABC and overfishing levels.
Comment 10: MADMF commented in support of the proposed scup
measures. It highlighted that the regional approach for recreational
scup management has often meant that the Southern States largely align
their rules with the Federal measures while the Northern States amend
their regulations to shoulder most of the burden needed to achieve, but
not exceed, the recreational harvest target. Further, MADMF noted that
all States from Massachusetts through North Carolina are closed to
recreational black sea bass harvest during the months of January
through April (with the rare exception of those that opt into the
February access program), and the scup closure will help limit non-
compliance with the black sea bass retention prohibition and will help
reduce regulatory discards of black sea bass, including discards of
fish generally caught at deeper depths during this time of year that
are more susceptible to barotrauma.
Response: We agree, and have implemented scup recreational
management measures for Federal waters as proposed.
Comment 11: The SBCBA commented that closing the scup fishery from
January through April does not benefit the healthy stock, but
economically harms the party/charter industry. It argued the winter
scup fishery is one of the only options to target a healthy stock
during that portion of the year. However, SBCBA also stated there is
little party/charter activity targeting scup in Federal waters in
winter and noted there is no data from that part of the year available
from MRIP. One individual argued that for-hire captains looking for
scup during the winter have learned how to minimize any interaction
with black sea bass during winter and recommended that scup possession
should be allowed all year with a 25-fish possession limit and a 10-
inch (25.4-cm) minimum size.
Response: We disagree. The Council and Commission voted for the
Federal scup fishery to be closed January 1 through April 30 and for
the Federal possession limit to be reduced from 50 fish to 40 fish to
complement state measures and to achieve the required 10-percent
reduction. The RDM cannot separate the analysis of Federal measures and
state measures, and therefore included the Federal closure along with
the state closures in the analysis of measures necessary to achieve the
10-percent reduction. Accordingly, we have implemented scup
recreational management measures for Federal waters as proposed.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
final rule is consistent with the Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan, other provisions of the Magnuson-Stevens
Act, and other applicable law.
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. This action implements 2023 recreational
[[Page 55418]]
management measures for summer flounder, scup, and black sea bass.
The Federal coastwide regulatory measures for recreational summer
flounder fishing that were codified last year (87 FR 22863, April 18,
2022) remain in effect until the decision to waive Federal measures for
2023 is made effective by this final rule. Many states have already
implemented their conservationally equivalent 2023 measures and a delay
in implementing the measures of this rule will 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 Federal measures currently in place for scup are more liberal
than the measures this action will implement. Further delay of the
implementation of the 2023 measures will increase the likelihood that
the 2023 RHL and recreational ACL will be exceeded. The MSA requires
that we implement measures to constrain recreational harvest to prevent
overfishing.
Unlike actions that require an adjustment period to comply with new
rules, this action does not require recreational and charter/party
operators to purchase new equipment or otherwise expend time or money
to comply with this action's management measures. Rather, compliance
with this final rule simply means adhering to the published state
management measures for summer flounder and black sea bass while the
recreational and charter/party operators are engaged in fishing
activities.
For these reasons, the Assistant Administrator finds good cause to
waive the 30-day delay in the date of effectiveness and to implement
this rule upon the date of publication in the Federal Register.
This final 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 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. We received no comments
regarding this certification. Therefore, 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: August 4, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
648 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 inches (45.72
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. Revise Sec. 648.105 to read as follows:
Sec. 648.105 Summer flounder recreational fishing season.
No person may fish for summer flounder in the EEZ from May 15
through September 22 unless that person is the owner or operator of a
fishing vessel issued a commercial summer flounder moratorium permit,
or is issued a summer flounder dealer permit, or unless otherwise
specified in the conservation equivalency measures at Sec. 648.107.
Persons aboard a commercial vessel that is not eligible for a summer
flounder moratorium permit are subject to this recreational fishing
season. This time period may be adjusted pursuant to the procedures in
Sec. 648.102. Possession of summer flounder harvested from state
waters during this time 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
4. In Sec. 648.106, revise paragraph (a) to read as follows:
Sec. 648.106 Summer flounder possession restrictions.
(a) Party/charter and recreational possession limits. No person
shall possess more than three summer flounder in, or harvested from,
the EEZ, per trip unless that person is the owner or operator of a
fishing vessel issued a summer flounder moratorium permit, or is issued
a summer flounder dealer permit, or unless otherwise specified in the
conservation equivalency measures at Sec. 648.107. Persons aboard a
commercial vessel that is not eligible for a summer flounder moratorium
permit are subject to this possession limit. The owner, operator, and
crew of a charter or party boat issued a summer flounder 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. 648.102. Possession
of summer flounder 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. 648.111 and abide by state regulations.
* * * * *
0
5. In Sec. 648.107, revise paragraph (a) introductory text to read as
follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by the states of Maine
through North Carolina for 2023 are the conservation equivalent of the
season, size limits, and
[[Page 55419]]
possession limit prescribed in Sec. Sec. 648.104(b), 648.105, and
648.106. This determination is based on a recommendation from the
Summer Flounder Board of the Atlantic States Marine Fisheries
Commission.
* * * * *
0
6. Revise Sec. 648.127 to read as follows:
Sec. 648.127 Scup recreational fishing season.
Fishermen and vessels that are not eligible for a scup moratorium
permit under Sec. 648.4(a)(6), may possess scup from May 1 through
December 31, subject to the possession limit specified in Sec.
648.128(a). The recreational fishing season may be adjusted pursuant to
the procedures in Sec. 648.122. Should the recreational fishing season
be modified, non-federally permitted scup vessels abiding by state
regulations may transit with scup harvested from state waters on board
through the Block Island Sound Transit Area following the provisions
outlined in Sec. 648.131.
0
7. In Sec. 648.128, revise paragraph (a) to read as follows:
Sec. 648.128 Scup possession restrictions.
(a) No person shall possess more than 40 scup in, or harvested
from, the EEZ per trip unless that person is the owner or operator of a
fishing vessel issued a scup moratorium permit, or is issued a scup
dealer permit. Persons aboard a commercial vessel that is not eligible
for a scup moratorium permit are subject to this possession limit. The
owner, operator, and crew of a charter or party boat issued a scup
moratorium permit are subject to the possession limit when carrying
passengers for hire or when carrying more than five crew members for a
party boat, or more than three crew members for a charter boat. This
possession limit may be adjusted pursuant to the procedures in Sec.
648.122. However, possession of scup harvested from state waters 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. 648.131 and abide by state
regulations.
* * * * *
0
8. Revise Sec. 648.146 as follows:
Sec. 648.146 Black sea bass recreational fishing season.
Vessels that are not eligible for a black sea bass moratorium
permit under Sec. 648.4(a)(7), and fishermen subject to the possession
limit specified in Sec. 648.145(a), may only possess black sea bass
from May 15 through September 8, unless otherwise specified in the
conservation equivalent measures described in Sec. 648.151 or unless
this time period is adjusted pursuant to the procedures in Sec.
648.142. However, possession of black sea bass harvested from state
waters outside of this season is allowed for state-only permitted
vessels when transiting Federal waters within the Block Island Sound
Transit Area provided they follow the provisions at Sec. 648.151 and
abide by state regulations.
0
9. In Sec. 648.147, revise paragraph (b) to read as follows:
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 15 inches
(38.1 cm) total length for all vessels that do not qualify for a black
sea bass moratorium permit, and for party boats holding a black sea
bass moratorium permit, if fishing with passengers for hire or carrying
more than five crew members, and for charter boats holding a black sea
bass moratorium permit, if fishing with more than three crew members,
unless otherwise specified in the conservation equivalent measures as
described in Sec. 648.151. However, possession of smaller black sea
bass harvested from state waters is allowed for state-only permitted
vessels when transiting Federal waters within the Block Island Sound
Transit Area provided they follow the provisions at Sec. 648.151 and
abide by state regulations.
0
10. Revise Sec. 648.151 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 2023 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 1 through August 31; minimum size--16 inches (40.64 cm);
and possession limit--2 fish.
[FR Doc. 2023-17121 Filed 8-14-23; 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.