Rule2024-08795
Fisheries of the Northeastern United States; 2024 and 2025 Summer Flounder and Scup, and 2024 Black Sea Bass Recreational Management Measures
Primary source
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Published
April 26, 2024
Effective
April 26, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces Federal management measures for the 2024 and 2025 summer flounder fishery and the 2024 black sea bass recreational fishery. The implementing regulations for these fisheries require NMFS to publish recreational measures for each fishing year and to provide an opportunity for public comment. The intent of this action is to set management measures that allow the recreational fisheries to achieve, but not exceed, the recreational harvest targets and thereby prevent overfishing.
Full Text
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[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Rules and Regulations]
[Pages 32374-32379]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-08795]
[[Page 32374]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240419-0114]
RIN 0648-BM83
Fisheries of the Northeastern United States; 2024 and 2025 Summer
Flounder and Scup, and 2024 Black Sea Bass Recreational Management
Measures
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 2024 and
2025 summer flounder fishery and the 2024 black sea bass recreational
fishery. The implementing regulations for these fisheries require NMFS
to publish recreational measures for each fishing year and to provide
an opportunity for public comment. The intent of this action is to set
management measures that allow the recreational fisheries to achieve,
but not exceed, the recreational harvest targets and thereby prevent
overfishing.
DATES: This rule is effective April 26, 2024.
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 01930, and accessible via the
internet at: <a href="https://www.fisheries.noaa.gov/action/proposed-rule-implement-2024-and-2025-summer-flounder-and-scup-and-2024-black-sea-bass">https://www.fisheries.noaa.gov/action/proposed-rule-implement-2024-and-2025-summer-flounder-and-scup-and-2024-black-sea-bass</a>.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Policy Analyst,
(978) 281-9116, or <a href="/cdn-cgi/l/email-protection#6a2f0703061344210f03060f132a04050b0b440d051c"><span class="__cf_email__" data-cfemail="16537b7f7a6f385d737f7a736f567879777738717960">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (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, NMFS must implement coastwide measures or approve conservation-
equivalent measures, per 50 CFR 648.102(d) and 648.142(d), as soon as
possible once the Council and Commission's makes their recommendation.
This action approves conservation equivalency for summer flounder and
black sea bass in 2024 and for summer flounder in 2025.
For scup, no changes to the Federal recreational management
measures are being implemented. The 2024 and 2025 Federal recreational
scup management measures are a 10-inch (25.4-centimeters (cm)) minimum
fish size, a 50-fish per person possession limit, and a year-round open
season.
Conservation Equivalency
In this final rule, NMFS is implementing conservation equivalency
to manage the 2024 and 2025 summer flounder and 2024 black sea bass
recreational fisheries, as proposed in the proposed rule published on
February 23, 2024 (89 FR 13674). Under conservation equivalency,
Federal recreational measures are waived 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 to constrain recreational harvest
at a state or regional level that are likely to meet the needs of
anglers in each area, as opposed 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
Summer Flounder, Scup, and Black Sea Bass Board (Board) each year.
States, through the Commission, are collectively implementing measures
designed to constrain landings to the recreational harvest targets.
Additional information on the development of these measures is provided
in the proposed rule (see 89 FR 13674, February 23, 2024) and not
repeated here.
Summer Flounder Recreational Management Measures
On April 4, 2024, the Commission notified NMFS that it had
certified that the 2024 and 2025 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 Sec. Sec. 648.104(b), 648.105, and
648.106(a). Pursuant to Sec. 648.102(d)(2), if conservation
equivalency is adopted, 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 2024 and
2025.
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 2024 and 2025, the non-preferred coastwide measures
are: (1) an 18.5-inch (46.99-cm) minimum fish size; (2) a three-fish
per person possession limit; and (3) an open season from May 8 to
September 30. The coastwide measures become the default management
measures the year after conservation equivalency expires (in this case
2026) until the joint process establishes either coastwide or
conservation-equivalency measures for the next year.
Black Sea Bass Recreational Management Measures
On April 4, 2024, the Commission notified NMFS that it had
certified that the 2024 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), if conservation equivalency is adopted, 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 2024.
Regulatory Text Correction
The definition of a recreational fishing vessel found at Sec.
648.2 previously only referenced the recreational scup fishery.
However, the definition applies to all recreational fisheries. This
action corrects this definition, removing the reference to the scup
fishery.
Changes From the Proposed Rule
There are no changes from the proposed rule.
[[Page 32375]]
Comments and Responses
NMFS received 18 comments on the proposed rule. Comments were
received from 15 individuals, the Natural Resources Defense Council
(NRDC), the Virginia Beach Charter Captains, and one comment was
submitted anonymously. Ten comments focused, in whole or in part, on
state measures or commercial management, which were not part of the
proposed action and, therefore, are not addressed in the following
responses.
NMFS received a comment from the NRDC. Attached to NRDC's comment
letter was a copy of the complaint they filed in ongoing litigation on
Framework 17 (NRDC v. Raimondo, No. 23-cv-982 (D.D.C. Aug. 29, 2023)).
That legal challenge is fully briefed, and the parties await the
court's decision. Given that this litigation is ongoing, NMFS will not
address the complaint here. NRDC also incorporated, by reference, its
comments on the 2023 summer flounder, scup, and black sea bass
recreational measures. Our responses to those comments are provided in
the final rule (88 FR 55411, August 15, 2023), and are not repeated
here.
Comment 1: A comment from NRDC stated that the proposed rule and
Framework 17, on which this proposed rule is based, are inconsistent
with the Magnuson-Stevens Fishery Conservation Management Act's
(Magnuson-Stevens Act) annual catch limits (ACL) provisions because
they allow the Council to manage recreational fishing to new
recreational harvest target levels that are not consistent with the
ACLs derived from the Science and Statistical Committee's (SSC)
recommendations.
Response: The Percent Change Approach has been established by the
rulemaking implementing Framework 17 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 Framework 17,
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 confidence interval (CI) around an
estimate of expected harvest under status quo measures with 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 (i.e., a percentage change in expected harvest).
The Percent Change Approach does not change the process for setting
measurable and objective status determination criteria (e.g.,
overfishing limit (OFL), acceptable biological catch (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 SSC. The Percent Change Approach does not
eliminate the recreational ACL or RHL and continues to use both in the
process of setting measures and triggering 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 approach
attempts to constrain harvest 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 biomass is in decline, the stock 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 NMFS continues 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 (i.e., 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 prior method prescribed the same degree of changes
to management measures whether a stock biomass was considered
overfished (i.e., 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.
Comment 2: NRDC commented that the recreational harvest target for
scup (13.76 million pounds (lb); 6,241 metric tons (mt)) overshoots the
2024 and 2025 RHLs prescribed by the specifications. The NRDC comment
also concludes that the total expected scup harvest will exceed the OFL
in 2025.
Response: Application of the Percent Change Approach and the
Recreational Demand Model (RDM) resulted in a recommendation of a 10-
percent reduction in scup harvest in 2024 and 2025. This is because
scup has a very high biomass, but harvest under status quo measures is
expected to be above the RHL.
Scup is a healthy stock far above the target biomass level, because
of the high abundance and availability to the fishery, even under
restrictive measures, the catch is likely to exceed the RHL. However,
observed recent overages of the scup RHL, ACL, ABC, and even OFL have
had no negative biological impact on the stock. The conservation risk
of a harvest reduction that is less than what would have previously
been applied is negligible for a stock, like scup, that has a very high
biomass (over 150 percent of its biomass target). The Magnuson-Stevens
Act defines overfishing as a
[[Page 32376]]
``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) (16 U.S.C. 1802(34)). This scenario, in which
a stock continues to maintain biomass significantly above the target,
does not constitute overfishing.
Moreover, it is highly unlikely that there will be overfishing of
scup when such a determination takes into account both recreational and
commercial harvest, and the commercial scup fishery has not come close
to harvesting its allocation of the scup ACL in recent years. 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. The commercial scup quotas for 2024 and 2025 are
21.15 million lb (9,593 mt) and 18.80 million lb (8,527 mt),
respectively, higher than recent commercial landings. In this context,
even if there is a recreational harvest above the RHL it is unlikely to
result in negative biological consequences for the scup stock, where
the overall total of commercial and recreational harvests remains below
overfishing levels.
In 2022, the total scup catch did exceed the 2022 OFL. The scup
total catch was 35.98 million lb (16,322 mt), compared to the OFL of
32.56 million lb (14,770 mt), corresponding to an 11 percent overage.
Although the catch exceeded the OFL and the ABC, the status
determination criteria for scup makes use of the annual fishing
mortality rate relative to a maximum fishing mortality rate to
determine if overfishing has occurred. The 2023 Management Track
Assessment estimated fishing mortality rate was 0.171, which is below
the fishing mortality rate at maximum sustainable yield
(F<INF>MSY</INF>) of 0.19, which means that despite an exceedance of
the OFL, there was no overfishing of scup.
Additionally, the estimated biomass (159,050 mt) was estimated to
be well above the biomass at maximum sustainable yield (78,593 mt).
Despite the overage of the OFL in 2022, the best available science
supports the determination that overfishing was not occurring. As seen
in 2022 with scup, overages of the OFL do not always correspond to
overfishing. The OFL and corresponding catch limits are based on
projections from a stock assessment and can prove to be inaccurate when
considered retrospectively with the insight of a subsequent stock
assessment.
It is also important to again note the uncertainty in estimated
recreational harvests. This uncertainty is one of the main drivers for
the adoption of the Percent Change Approach in Framework 17. Here, the
median coastwide projected 2024-2025 harvest under 2023 measures is
15.29 million lb (6,935 mt), with an 80 percent CI of 14.07-16.29
million lb (6,382-7,389 mt), meaning that, statistically, the estimate
can fall anywhere in that range with equal likelihood. With the 10
percent reduction adopted here, the recreational harvest of scup could
be anywhere from 12.66 million lb (5,744 mt) to 14.66 million lb (6,650
mt). The average 2024-2025 scup RHL is 12.51 million lb (5,674 mt),
which is only about 1 percent below the likely range of scup harvest
after the 10 percent reduction is applied. Given the significant
uncertainty of both recreational harvest and the specifications
themselves, coupled with low risk of overfishing, a 10 percent scup
reduction is a reasonable approach. To the extent that biomass remains
high but additional reductions are needed the next time that
recreational measures are developed, another 10-percent reduction would
occur. However, due to the inherent variability and uncertainty in
recreational catch data in the context of a very high biomass of scup,
more drastic changes to measures could prove to be unwarranted and
could lead to the undesirable result of increased recreational discards
of dead fish. Scup provides an example of how the gradual approach of
adjustments to recreational targets that the Harvest Control Rule
provides for abundant stocks can work effectively with little risk of
negative consequences to the stock.
Comment 3: One comment expressed concern about the lack of new
information on the biomass of black sea bass, three comments noted that
the black sea bass stock is very abundant and expanding, and one of
these comments noted concerns about the impact of the high abundance of
black sea bass on other species.
Response: In December 2023, a research track assessment was
completed for black sea bass. Research track assessments are not used
to inform management or make official determinations of stock status.
In spring 2024, a management track assessment will be conducted for
black sea bass, incorporating data through 2023. The results of this
assessment will be used to inform specifications and recreational
management measures for 2025. Although the research track assessment is
not used for official status determinations, the results did indicate
that the black sea bass stock is at a very high biomass level and that
biomass has been increasing in recent years.
Comment 4: One comment on the summer flounder recreational
management measures noted concerns about the minimum size requirement
(18.5 inches (46.99 cm)). This commenter suggested that the minimum
size should be lower (16.5 inches (41.91 cm)). The lower minimum size
was suggested due to concerns about the post-release survival of small
summer flounder. The comment noted that most of the fish they encounter
are less than the minimum size.
Response: The 18.5-inch (46.99-cm) minimum size is part of the non-
preferred coastwide measures. These measures are being waived for 2024
and 2025, as NMFS has approved conservation equivalency. Anglers must
adhere to the measures in the state where they land. The minimum size
specified for a state or region may differ from the 18.5-inch (46.99-
cm) minimum size proposed as part of the non-preferred measures. One
benefit of the conservation equivalency approach is that states and
regions can tailor recreational management measures to meet the needs
of anglers in their state or region, compared to coastwide measures
that may be advantageous to anglers in some areas and unnecessarily
restrictive in others.
Comment 5: Four comments expressed concern about recreational data.
Two comments specifically suggested that new data collection techniques
be implemented, such as the development of a reporting application or
the use of for-hire vessel trip reports (VTR). One commenter was
concerned about the underreporting of recreational catch.
Response: The data used to inform the summer flounder, scup, and
black sea bass recreational management measures are the best available
data on recreational catch. In addition to Marine Recreational
Information Program (MRIP) data, a bioeconomic model, the RDM, was used
to estimate harvest. The RDM uses trip attributes such as expected
harvest and costs, as well as the availability of different sizes of
fish, to estimate the likelihood that an angler will go fishing under a
given set of regulations. The RDM is informed by a 2022 survey of
anglers from Maine through Virginia as well as recent size distribution
information from the stock assessment.
Expanded use of recreational for-hire VTRs may be considered in the
future. The Council has initiated an action to consider additional
changes to recreational fisheries management, including the
consideration of options
[[Page 32377]]
related to recreational catch accounting, such as private angler
reporting and enhanced VTR requirements.
Comment 6: One comment cited concerns about the recreational data,
specifically MRIP data and that the recent pilot study that indicates
that the current configuration of MRIP may be resulting in effort being
overestimated. The comment expressed concern that information from the
pilot study was not currently being accepted or used.
Response: This comment correctly points out that NMFS has conducted
a pilot study on the recreational Fishing Effort Survey. The
preliminary results suggest that the order of the questions in the
Fishing Effort Survey may lead to overestimation of fishing effort.
However, these are preliminary results and a more robust study to
analyze this issue is currently underway. Additional analyses are
necessary to confirm findings. Once sufficient information has been
collected and the implications of the MRIP estimates are fully
understood, that information will be incorporated into the relevant
science and management processes.
Comment 7: Two comments opposed more restrictive black sea bass
recreational regulations and one comment opposed more restrictive
summer flounder recreational regulations. These comments also
highlighted the importance of recreational fisheries to the economy.
Response: The 2024 black sea bass measures are the same as those
implemented in 2023, no additional restrictions have been implemented.
The 28-percent reduction implemented for summer flounder is based
on the results of the Percent Change Approach. Because summer flounder
biomass is in the low category and the 2023 management measures were
expected to result in an RHL overage, the approach requires a reduction
in recreational harvest. It is also important to note that the 2023
management track assessment for summer flounder indicated that
overfishing was occurring. Thus, this reduction, in addition to
commercial quota reductions, is necessary to ensure that overfishing is
ended.
Comment 8: One comment asked if jigging would become illegal for
summer flounder, noting that they are a terrible fish to spear.
Response: This action does not ban jigging for summer flounder.
Comment 9: One comment supported the implementation of conservation
equivalency.
Response: NMFS agrees, and this action implements conservation
equivalency for both summer flounder and black sea bass.
Comment 10: One comment supported the 28-percent harvest reduction
for summer flounder, citing their observations of declining
recreational catch over the years. An additional comment was supportive
of the non-preferred coastwide measures for summer flounder.
Response: NMFS agrees. NMFS has approved conservation equivalency.
States and regions have implemented measures consistent with the 28-
percent harvest reduction. While the non-preferred coastwide measures
have been waived for 2024 and 2025, the measures implemented by the
states or regions are equivalent in terms of their conservation
benefit.
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
action is necessary to carry out the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan, and its implementing regulations and
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 2024 recreational
management measures for summer flounder and black sea bass.
NMFS could not publish this final rule at an earlier date. The
recreational management measure setting process begins after the
Council and Board set the annual specifications. The Council's
Monitoring Committee evaluates the needed changes in recreational
harvest and develop recommendations for coastwide management measures
for the Council and Board to consider. At the December 12-14, 2023,
meeting, the Council and Board voted on recommended recreational
management measures. Council staff then prepared and submitted those
recommendations to NMFS on January 16, 2024. The proposed rule was
published on February 23, 2024, with a public comment period open
through March 11, 2024. After the comment period closes NMFS, must
review, consider, and respond to all comments on the proposed rule and
develop the final rule package, which is then subject to further review
upon completion. In addition, during the proposed rule development and
comment period, the states are developing management measures and
submitting that information to the Commission to ensure that the suite
of state measures are the conservation equivalent of coastwide Federal
measures. The letter confirming conservation equivalent measures from
the Commission was received by NMFS on April 4, 2024. Pursuant to
Sec. Sec. 648.102(d)(2)(ii) and 648.142(d)(2)(ii), NMFS cannot
finalize conservation equivalency without this information from the
Commission. This final rule was submitted to the Department of Commerce
Office of General Council on April 9, 2024. Given the time needed to
review the recommendations and prepare the Federal rulemaking, and the
need to confirm conservation equivalency through the Commission's
process, this is the earliest this rule could be published.
The Federal coastwide regulatory measures for recreational summer
flounder and black sea bass fishing that were codified last year (88 FR
55411, August 15, 2023) remain in effect until the decision to waive
Federal measures for 2024 is made effective by this final rule. Many
states have already implemented their conservationally equivalent 2024
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 summer flounder measures currently in
place are more liberal than many of the measures in state waters.
Further delay of the implementation of the 2024 measures will increase
the likelihood that the 2024 RHL and recreational ACL will be exceeded.
NMFS is required to 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
[[Page 32378]]
operators are engaged in fishing activities.
Additionally, stakeholder and industry groups have been involved
with the development of this action and have participated in public
meetings throughout the past year. Generally, stakeholders are
supportive of the use of conservation equivalency because it allows
states, and regions, more flexibility to set measures, instead of one
set of coastwide measures that apply to all. A delay in implementation
past the start of the recreational fishing season would be contrary to
the public interest, as it could create confusion both in the
recreational fisheries regarding the management measures, and with
state agencies as they prepare and finalize their recreational
management measures.
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. NMFS 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: April 19, 2024.
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. 648.2, revise the definition of a recreational fishing
vessel to read as follows:
Sec. 648.2 Definitions.
* * * * *
Recreational fishing vessel, means any vessel from which no fishing
other than recreational fishing is conducted. Charter and party boats
are considered recreational fishing vessels for purposes of minimum
size, season, and possession limit requirements.
* * * * *
0
3. In Sec. 648.104, revise paragraph (b) to read as follows:
Sec. 648.104 Summer flounder size requirements.
* * * * *
(b) Party/charter permitted vessels and recreational fishery
participants. The minimum size for summer flounder is 18.5 inches
(46.99 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
4. In Sec. 648.105, revise the introductory text to read as follows:
Sec. 648.105 Summer flounder recreational fishing season.
No person may fish for summer flounder in the EEZ from October 1 to
May 7 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
5. 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
6. 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 2024 and 2025 are the conservation
equivalent of the season, size limits, and 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
7. In Sec. 648.151, revise paragraph (a) introductory text 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 2024 are the conservation
[[Page 32379]]
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.
* * * * *
[FR Doc. 2024-08795 Filed 4-25-24; 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.