Rule2025-11710
Fisheries of the Northeastern United States; 2025 Black Sea Bass Recreational Management Measures
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 26, 2025
Effective
June 25, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces Federal management measures are waived for the 2025 black sea bass recreational fishery. The implementing regulations for this fishery require NMFS to publish recreational measures for the fishing year and to provide an opportunity for public comment. The intent of this action is to approve conservation equivalency and set management measures that allow this recreational fishery to achieve, but not exceed, the recreational harvest target and thereby prevent overfishing.
Full Text
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<title>Federal Register, Volume 90 Issue 121 (Thursday, June 26, 2025)</title>
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[Federal Register Volume 90, Number 121 (Thursday, June 26, 2025)]
[Rules and Regulations]
[Pages 27254-27257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11710]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 250623-0105]
RIN 0648-BN51
Fisheries of the Northeastern United States; 2025 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 are waived for the
2025 black sea bass recreational fishery. The implementing regulations
for this fishery require NMFS to publish recreational measures for the
fishing year and to provide an opportunity for public comment. The
intent of this action is to approve conservation equivalency and set
management measures that allow this recreational fishery to achieve,
but not exceed, the recreational harvest target and thereby prevent
overfishing.
DATES: This rule is effective June 25, 2025.
ADDRESSES: Copies of this final rule 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/final-rule-implement-2025-black-sea-bass">https://www.fisheries.noaa.gov/action/final-rule-implement-2025-black-sea-bass</a>.
FOR FURTHER INFORMATION CONTACT: Savannah Lewis, Fishery Management
Specialist, (978) 281-9348, or <a href="/cdn-cgi/l/email-protection#40132136212e2e21286e0c25372933002e2f21216e272f36"><span class="__cf_email__" data-cfemail="a3f0c2d5c2cdcdc2cb8defc6d4cad0e3cdccc2c28dc4ccd5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) and the
Atlantic States Marine Fisheries Commission (Commission) cooperatively
manage the summer flounder, scup, and black sea bass commercial and
recreational fisheries. The Council and the Commission's Summer
Flounder, Scup, and Black Sea Bass Management Board (Board) meet
together each year to recommend recreational management measures for
all three species, generally set for two years, so that recreational
harvest achieves, but does not exceed, the recreational harvest targets
specified by the Percent Change Approach adopted in the Harvest Control
Rule Framework (Framework 17) (88 FR 14499, March 9, 2023).
Pursuant to the regulations at 50 CFR 648.142(d), NOAA's National
Marine Fisheries Service (NMFS) must implement coastwide measures or
approve conservation-equivalent measures for black sea bass as soon as
possible following the Council and Board's recommendation. This action
approves conservation equivalency for black sea bass in 2025.
Black Sea Bass Conservation Equivalency
In this final rule, NMFS is implementing conservation equivalency
to manage the 2025 black sea bass recreational fishery, as described in
the proposed rule published on April 3, 2025 (90 FR 14595). Under
conservation equivalency, Federal regulations that apply to the
recreational black sea bass fishery 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 better 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/regional measures must be ``equivalent,''
in terms of conservation, to a set of ``non-preferred coastwide
measures'' that are recommended by the Council and the 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 (90 FR 14595; April 3, 2025) and not repeated
here.
2025 Black Sea Bass Recreational Management Measures
On April 23, 2025, the Commission notified NMFS that it had
certified that the 2025 recreational fishing measures to be implemented
in state waters for black sea bass are, collectively, the conservation
equivalent of the season, fish size, and possession limit
[[Page 27255]]
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 2025.
Changes From the Proposed Rule
There are no changes from the proposed rule.
Comments and Responses
NMFS received 16 unique comments on the proposed rule (90 FR 14595,
April 3, 2025). Comments were received from 12 individuals, the
Huntington Angler's Club, the Montauk Boatmen and Captains Association,
and two comments were submitted anonymously. Several comments included
discussion on changes and recommendations for state management
measures, which were not part of the proposed action, and therefore,
are not addressed in the following responses. The majority of comments
were in support of the proposed action. Comments are grouped and
summarized by topic.
Comment 1: Five comments referenced the high biomass of black sea
bass and commented on the need for higher catch limits. Three
commenters noted that the stock is in good shape, increasing, and has
been saved, and that no reductions were needed, but that higher catch
limits were needed, with one adding an additional comment that many
fish may die from post-release mortality because of the higher biomass.
One comment also expressed these views and asked for better use of for-
hire vessel trip report (VTR) data for the black sea bass fishery.
Finally, one commenter asked for more favorable regulations for just
black sea bass, and that there should not be a season for black sea
bass.
Response: NMFS agrees that the biomass of black sea bass is high,
with the 2024 management track assessment indicating that the stock is
2.19 times the biomass target. No additional reductions are being
implemented. The 2025 black sea bass measures are the same as those
implemented in 2024.
The overall catch limit (OFL) and corresponding catch limits are
based on projections from the 2024 management track stock assessment.
The Council and the Commission cooperatively manage summer flounder,
scup, and black sea bass. The OFL, ABC, and commercial and recreational
quotas for 2025 fishing year for black sea bass have been finalized
already through a prior, separate action (89 FR 99138; December 10,
2024).
The Council and the Commission's Management Boards meet jointly
each year to recommend recreational management measures. The Percent
Change Approach, which was used to determine what, if any, changes to
previously implemented measures may be necessary for 2025, was designed
by the Council and Commission for managing Mid-Atlantic recreational
fisheries. The Percent Change Approach 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 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). 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 year-to-year variations in recreational catch
estimates. This year, the process concluded that no changes were
required for 2025.
This rule does not implement state-specific measures for black sea
bass, but rather waives the Federal recreational measures for black sea
bass through a process called conservation equivalency. Under
conservation equivalency, Federal recreational measures are waived and
federally permitted for-hire 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, which are intended to maintain a status quo recreational
harvest.
A response on post-release mortality can be found in Comment 3.
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, which may include the
consideration of enhanced VTR requirements. Please see the following
comment, Comment 2, for more information on future Council actions.
Comment 2: Two comments were supportive of the rule while also
highlighting the need for future actions. Specifically, both requested
additional review of catch data for setting the next cycle of
recreational measures for 2026 and 2027 due to the concerns over
accurate recreational data. Both comments also asked NMFS to consider
the impacts of potential management approaches under development as
part of the Recreational Sector Separation Amendment.
Response: The data used to inform the black sea bass recreational
management measures are the best available data on recreational catch.
In addition to the Marine Recreational Information Program (MRIP), a
bioeconomic model developed by the Northeast Fisheries Science Center
(the Recreational Demand Model (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.
For 2026 and 2027 measures, the new Recreational Measures
Framework--if approved by NMFS and implemented following further notice
and comment rulemaking--would be used to set management measures. The
new framework, which the Council voted to recommend to NMFS at its
April 2025 meeting, incorporates revisions to the existing Percent
Change Approach to determine if measures should remain status quo, be
restricted, or be liberalized. Additionally, updated MRIP information
and a new stock assessment are anticipated to be available for
management use. The RDM will be rerun with the updated information to
enable states to select appropriate management measures in the future.
In response to considerations in 2027 for mode management and
sector separation, the Recreational Sector Separation Amendment is
currently in
[[Page 27256]]
development by the Council and Commission, and no formal alternatives
have been prepared. Therefore, it is not possible to predict how future
management measures may be impacted by changes that may be implemented
under this action. As NMFS, the Council, and the Commission develop the
amendment, there will be continued opportunities for public comment and
engagement. NMFS encourages interested parties to continue to engage
with the involved bodies as the action continues to be developed.
Comment 3: Two comments focused specifically on post-release
mortality and expressed concerns over the practice of ``upgrading'' or
``high-grading'' and supported management measures to reduce mortality.
Response: The most recent stock assessment included information on
recreational discards, including specific discard mortality rates for
regions and for the commercial and recreational sectors. The assessment
output was then used to set catch limits and, within the RDM, to enable
states to select appropriate management measures with a greater
understanding of the impact of those measures on total mortality. There
is mortality associated with all types of fishing and the total
mortality described in the assessment includes a percentage of dead
fish that were released alive that do not survive, based on scientific
research. Any specific change to a management measure to reduce black
sea bass fishing mortality or disincentivize specific selective fishing
practices would be up to the individual states when they set measures
as a part of the conservation equivalency process approved by this
action.
Comment 4: One comment supported the proposed rule but had concerns
on its implementation and the impacts on recreational anglers,
enforcement with sufficient monitoring and reporting systems, and
accuracy of recreational data.
Response: This action is routine and expected by the recreational
sector and waives Federal management measures in favor of state
management measures, which reduces confusion among anglers. NMFS has
approved conservationally equivalent recreational measures for black
sea bass with similar actions in 2023 and 2024, and therefore, this
action should not have large impacts on recreational anglers. As stated
in Comment 1, the States set their own management measures and are
responsible for enforcing these measures, in coordination with Federal
law enforcement. As stated in Comment 2, MRIP and the application of
the RDM, a bioeconomic model, are the best scientific tools available
for the recreational fishery. Furthermore, the Council is considering
revisions to recreational data collection through its Recreational
Reform Initiative to improve recreational reporting systems and data
accuracy.
Comment 5: Six commenters expressed support for the 2025 black sea
bass recreational measures. Commenters cited that this action is a wise
use of the resource, appreciated the flexibility given to States and
regions to select their own measures, and were supportive of preventing
overfishing on the stock.
Response: NMFS agrees. This action approves conservation
equivalency for black sea bass for fishing year 2025. See Comment 1 for
additional information on conservation equivalency.
Classification
Pursuant to section 305(d) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) (16 U.S.C.
1855(d)), 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.
In a previous action under section 304(b), the regulations at Sec.
648.142 authorize NMFS to take this action under section 305(d).
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to make the rule effective immediately upon
filing with the Office of the Federal Register. 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 further delay in implementation past the start of the
recreational fishing season would be contrary to the public interest,
as it could perpetuate confusion both in the recreational fisheries
regarding the management measures, and with state agencies as they
prepare and finalize their recreational management measures. Until this
rule is effective, federally permitted for-hire vessels are subject to
the Federal 2024 non-preferred coastwide measures (i.e., 5 fish, 15
inches (38 centimeters) or greater, open season of May 15-September 8),
which may be more restrictive than a given the state's measures. This
puts federally permitted for-hire vessels in those states at a
disadvantage relative to state-only permitted for-hire vessels.
NMFS could not publish this final rule at an earlier date. The
recreational management measure setting process begins after the
Council and Board provide recommended annual specifications in August
of each year, followed by a NMFS notice and comment rulemaking.
Throughout the fall, the Council's Monitoring Committee evaluates the
needed changes in recreational harvest under the proposed
specifications, and develops recommendations for coastwide management
measures for the Council and Board to consider. At the December 2024
meeting, the Council and Board voted on recommended recreational
management measures. Council staff then prepared and submitted those
recommendations to NMFS and NMFS prepared a proposed rule that was
published on April 3, 2024, with a public comment period that was open
through April 18, 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 23, 2025. 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.
As noted above, the Federal, non-preferred coastwide measures for
black sea bass that were codified last year (89 FR 32374, April 26,
2024) remain in effect until the decision to waive Federal measures for
2025 is made effective by this final rule. Many states have already
implemented their conservationally equivalent 2025 measures and have
opened their recreational seasons; any additional 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
[[Page 27257]]
measures could lead to misunderstanding of the applicable regulations
and could increase the likelihood of noncompliant landings.
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 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 filing in the Federal Register.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This final rule is not a regulatory action pursuant to E.O. 14192
because this action is not significant under E.O. 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2)(B) of E.O. 13175 is not
required and has not been prepared.
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 (PRA) (44 U.S.C. 3501 et
seq.).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 23, 2025.
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. 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 2025 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 Summer Flounder, Scup, and 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
Summer Flounder, Scup, and 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. 2025-11710 Filed 6-25-25; 8:45 am]
BILLING CODE 3510-22-P
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