[Federal Register Volume 77, Number 100 (Wednesday, May 23, 2012)]
[Rules and Regulations]
[Pages 30427-30432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-12422]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120321208-2076-02]
RIN 0648-BC07
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2012
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements management measures for the 2012 summer
flounder, scup, and black sea bass recreational fisheries in Federal
waters. These actions are necessary to comply with regulations
implementing the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan (FMP) and to ensure compliance with the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Recreational management measures are intended to prevent overfishing
the summer flounder, scup, and black sea bass resources in 2012.
DATES: Effective May 18, 2012.
ADDRESSES: Copies of the Supplemental Environmental Assessment (SEA)
for the 2012 recreational management measures document, including the
Supplemental Environmental Assessment, Regulatory Impact Review, and
Initial Regulatory Flexibility Analysis (SEA/RIR/IRFA) and other
supporting documents for the recreational management measures are
available from Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, Suite 201, 800 North State Street,
Dover, DE 19901. These documents are also accessible via the Internet
at http://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
General Background
The summer flounder, scup, and black sea bass fisheries are managed
cooperatively by the Atlantic States Marine Fisheries Commission
(Commission) and the Mid-Atlantic Fishery Management Council (Council),
in consultation with the New England and South Atlantic Fishery
Management Councils. The FMP and its implementing regulations, which
are found at 50 CFR part 648, subparts A (general provisions), G
(summer flounder), H (scup), and I (black sea bass), describe the
process for specifying annual recreational management measures that
apply in the Exclusive Economic Zone (EEZ). The states from North
Carolina to Maine manage these fisheries within 3 nautical miles of
their coasts, under the Commission's plan for summer flounder, scup,
and black sea bass. The Federal regulations govern fishing activity in
the EEZ, as well as vessels possessing Federal permits for summer
flounder, scup, and/or black sea bass, regardless of where they fish.
A proposed rule to implement the 2012 Federal recreational measures
for the summer flounder, scup, and black sea bass recreational
fisheries was published on April 30, 2012 (77 FR 25394). Additional
background and information is provided in the preamble to the proposed
rule and is not repeated here.
2012 Recreational Management Measures
The 2012 coastwide recreational harvest limits were previously
established by a final rule published on April 23, 2012 (77 FR 24151).
The 2012 recreational harvest limits are as follows: Summer flounder,
8.76 million lb (3,973 mt); scup, 8.45 million lb (3,833 mt); and black
sea bass, 1.32 million lb (599 mt). Recreational harvest limits are the
target objectives or ``quotas'' established for the summer flounder,
scup, and black sea bass recreational fisheries. The management
measures (i.e., minimum fish size requirements, angler possession
limits, and fishing seasons) established by this rule are all designed
to ensure that recreational landings do not exceed the recreational
harvest limits.
This final rule implements management measures that apply in the
Federal waters of the EEZ and to all federally permitted party/charter
vessels with applicable summer flounder, scup, and/or black sea bass
permits, regardless of where they fish during the 2012 fishing year.
The management measures established by this rule are as follows: For
summer flounder, use of state-by-state conservation equivalency
measures, which is the status quo management system; for scup, a 10.5-
inch (26.67-cm) minimum fish size, a 20-fish per person possession
limit, and a year-round season; and, for black sea bass, a 12.5-in
(31.75-cm) minimum fish size, a 25-fish per person possession limit and
fishing seasons from May 19-October 14 and November 1-December 31, as
well as an open season of January 1 through the end of February that
would have a 12.5-in (31.75 cm) minimum fish size and a 15-fish per
person possession limit. More detail on these measures is provided in
the following sections:
Federal permit holders are reminded that, as a condition of their
Federal permit, they must abide by the Federal measures, even if
fishing in state waters. In addition, in instances where the state-
implemented measures are different than the Federal measures, federally
permitted vessels must adhere to the more restrictive of the two
measures. This will be applicable for both the 2012 scup and black sea
bass recreational fisheries.
All minimum fish sizes discussed below are total length
measurements of the fish, i.e., the straight-line distance from the tip
of the snout to the end of the tail while the fish is lying on its
side. For black sea bass, total length measurement does not include the
caudal fin tendril. All possession limits discussed below are per
person.
Summer Flounder Recreational Management Measures
This final rule implements conservation equivalency as the
management approach for the 2012 summer flounder recreational fishery.
NMFS implemented Framework Adjustment 2 to the FMP on July 29, 2001 (66
FR 36208), to permit the use of conservation equivalency to manage the
recreational summer flounder fishery. Conservation equivalency allows
each state to establish its own recreational management measures to
achieve its state harvest limit partitioned from the coastwide
recreational harvest limit by the Commission. The combined effect of
all of the states' management measures achieves the same level of
conservation as would Federal coastwide measures, hence the term
conservation equivalency. This means that minimum fish sizes,
possession limits, and fishing seasons developed and adopted by the
individual states from Massachusetts to
[[Page 30428]]
North Carolina will be utilized as the Federal waters measures for
2012.
The Commission notified the NMFS Northeast Regional Administrator
by letter dated May 4, 2012, that the 2012 summer flounder recreational
fishery management programs (i.e., minimum fish size, possession limit,
and fishing seasons) implemented by the states from Massachusetts to
North Carolina have been reviewed by the Commission's Technical
Committee and approved by the Commission's Summer Flounder Management
Board (SF Board). The correspondence indicates that the Commission-
approved management programs are projected to restrict 2012
recreational summer flounder coastwide landings consistent with the
state-specific requirements established by the Technical Committee and
SF Board through the Commission process.
Based on the recommendation of the Commission, the NMFS Northeast
Regional Administrator finds that the recreational summer flounder
fishing measures proposed to be implemented by the individual states
for 2012 are the conservation equivalent of the season, minimum size,
and possession limit prescribed in Sec. Sec. 648.102, 648.103, and
648.105(a), respectively. According to Sec. 648.107(a)(1), vessels
subject to the recreational fishing measures of this part and landing
summer flounder in a state with an approved conservation equivalency
program shall not be subject to Federal measures, and shall instead be
subject to the recreational fishing measures implemented by the state
in which they land. Section 648.107(a) has been amended to recognize
state-implemented measures as conservation equivalent of the coastwide
recreational management measures for 2012. For clarity, the 2012 summer
flounder management measures adopted by the individual states vary
according to the state of landing, as specified in Table 1.
Table 1--2012 Commission Approved State-by-State Conservation Equivalent Recreational Management Measures for
Summer Flounder
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Minimum size
State (inches) Possession limit Open season
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Massachusetts................. 16.5 5 fish...................... May 22-September 30.
Rhode Island.................. 18.5 8 fish...................... May 1-December 31.
Connecticut *................. 18 5 fish...................... May 15-October 31.
New York...................... 19.5 4 fish...................... May 1-September 30.
New Jersey.................... 17.5 5 fish...................... May 5-September 28.
Delaware...................... 18 4 fish...................... January 1-October 23.
Maryland...................... 17 3 fish...................... April 14-December 16.
PRFC.......................... 16.5 4 fish...................... All year.
Virginia...................... 16.5 4 fish...................... All year.
North Carolina................ 15 6 fish...................... All year.
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Note: At 44 designated shore sites in CT, anglers may keep 5 fish at 16.0 inches (40.64 cm), May 1-September 30.
Scup Recreational Management Measures
NMFS is implementing the management measures as proposed in the
April 30, 2012, proposed rule. These measures are a 10.5-in (26.67-cm)
minimum fish size, a 20-fish per person possession limit, and year-
round open season (i.e., January 1-December 31).
These measures, in conjunction with the regional approach being
applied to state waters through the Commission, are expected to
constrain landings to the 8.45-million-lb (3,833-mt) recreational
harvest limit.
NMFS acknowledges that the Commission will continue managing the
recreational scup fishery through a Commission-based conservation
equivalency program that has no comparable measures in the Federal FMP.
Thus, recreational management measures will differ between state and
Federal waters in 2012. Historically, very little of the scup
recreational harvest comes from Federal waters.
Black Sea Bass Recreational Management Measures
NMFS is implementing the following measures for Federal waters
during the 2012 fishery: A 12.5-in (31.75-cm) minimum fish size and a
15-fish per person possession limit from January 1 through the end of
February; and a 12.5-in (31.75-cm) minimum fish size and a 25-fish per
person possession limit from May 19-October 14 and from November 1-
December 31. Measures for state waters will vary by state. Because the
Commission-based measures implemented by the states are different than
the Federal water measures, Federal permit holders are required to
adhere to the more restrictive set of measures irrespective of whether
the vessel is fishing in state or Federal waters. Similarly, private
anglers must adhere to the recreational measures implemented by the
state in which the fish will be landed as all the state-implemented
measures place restrictions on possession as opposed to landings.
For additional information on state-implemented management
measures, please contact the marine fisheries management agency for the
state in question or the Commission (www.asmfc.org; (703) 842-0740).
Comments and Responses
NMFS received three comments regarding the proposed recreational
management measures. All three comments discussed the proposed opening
of the recreational black sea bass fishery. Two of the comments
requested that NMFS not delay implementing the final rule so that the
black sea bass fishery would open on May 19, 2012. One comment
requested that NMFS not make the rule effective until after that date.
Detailed responses are addressed below.
Comment: The State of Delaware Division of Fish & Wildlife
commented that they did not want NMFS to publish the final rule in time
to make the Council's recommended May 19, 2012, start date for the
recreational black sea bass fishery. Delaware's rulemaking process
would not allow them to open state waters on May 19, 2012, which could
put federally permitted charter/party vessels home-ported in Delaware
at a disadvantage because they could not land their catch in the state
until the season is opened in its waters. Delaware claims that this is
a violation of National Standard 4 of the Magnuson-Stevens Act.
Response: NMFS disagrees that implementing the Council's
recommended measure for the start of the black sea bass fishery is a
violation of National Standard 4. Reopening a fishing season is not an
allocation or assignment of fishing privileges
[[Page 30429]]
contemplated by National Standard 4, and does not discriminate between
residents of different states. Currently, the Federal regulations
prescribe that the black sea bass season starts on May 22. Delaying
implementation of this action to satisfy Delaware's request would have
negative economic impacts for charter and party boat owners that are
home-ported in other states that open the recreational fishing season
on May 19. These vessels would be prevented from fishing on their
traditional fishing grounds in Federal waters on a weekend (May 19-20)
during which a significant amount of recreational fishing is expected
to occur. The fact that a uniform coastwide reopening of the black sea
bass season in Federal waters has a differing effect among the states
is a function of the varied processes these states follow to establish
a fishing season. It is not a discriminatory, unfair, or inequitable
result imposed by the Federal regulation opening the recreational black
sea bass fishery in Federal waters.
Comment: The Recreational Fishing Alliance commented that it
supported all of the proposed measures for summer flounder, scup, and
black sea bass. The comment expressed concern regarding the opening of
the black sea bass fishery and stressed the importance of the
additional fishing opportunity that having the rule effective before
May 19, 2012, would provide to recreational fishermen.
Response: NMFS agrees that the additional weekend is important for
recreational fishermen to take advantage of the increased fishing
opportunity recommended by the Council. NMFS has made this rule
effective as soon as possible after the close of the proposed rule
comment period in an effort to have the fishery open on May 19, 2012.
Comment: One commenter said that he hoped that there would not be a
delay in opening the black sea bass fishery beyond May 19. The
commenter suggested that if the opening was delayed beyond the
Council's recommended start date that NMFS add additional time on to
the end of the season.
Response: As noted above, NMFS has made this rule effective as soon
as possible after the close of the proposed rule comment period in an
effort to have the fishery open on May 19, 2012. If the opening is
delayed, however, the Council's recommended black sea bass season, as
implemented through this rule, already extends the season in October an
additional weekend beyond the status quo, and it would not be
appropriate from NMFS to add 3 additional days beyond that.
Classification
The Regional Administrator, Northeast Region, NMFS, determined that
this final rule implementing the 2012 summer flounder, scup, and black
sea bass recreational management measures is necessary for the
conservation and management of the summer flounder, scup, and black sea
bass fisheries, and is consistent with the Magnuson-Stevens Act and
other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Administrative Procedure Act
The Assistant Administrator for Fisheries, NOAA, finds good cause
to waive the requirement for a 30-day delay in effectiveness under the
provisions of section 553(d) of the Administrative Procedure Act
because a delay in its effectiveness would not serve any legitimate
purpose while unfairly prejudicing federally permitted charter/party
vessels. This action will open the recreational black sea bass fishery
3 days earlier than currently scheduled, allowing charter/party vessel
operators to book trips starting on Saturday, May 19. Because some
states' black sea bass fisheries are already open or will open on May
19, 2012, federally permitted charter/party vessels would be prohibited
from fishing, even in state waters, until the Federal regulations are
effective. This would unnecessarily disadvantage the federally
permitted vessels, which would be prohibited from fishing at a time
when state-licensed vessels could be engaged in fishing activities.
In addition, this rule increases the possession limit for scup and
extends fishing opportunities for fishermen that would otherwise be
constrained under the current seasons. If this final rule is delayed
for 30 days, the fishery would likely forego some amount of landings
and revenues during the delay period. While some of these restrictions
would be alleviated after this rule becomes effective, fishermen may be
not able to recoup the lost economic opportunity of foregone trips that
would result from delaying the effectiveness of this action. Delaying
the opening of the scup and black sea bass seasons would complicate
business plans currently being developed by charter/party operations,
and prohibit them from effectively advertising and booking trips for
the upcoming fishing season.
Finally, requiring a 30-day delay before the final rule becomes
effective does not provide any benefit to the regulated parties. Unlike
actions that require an adjustment period to comply with new rules,
charter/party operators will not have to purchase new equipment or
otherwise expend time or money to comply with these management
measures. Rather, complying with this final rule simply means adhering
to the published management measures for each relevant species of fish
while the charter/party operators are engaged in fishing activities.
For these reasons, the Assistant Administrator finds good cause to
waive the 30-day delay and to implement this rule upon filing with the
Office of the Federal Register.
Final Regulatory Flexibility Analysis
Included in this final rule is the FRFA prepared pursuant to 5
U.S.C. 604(a). The FRFA incorporates the economic impacts described in
the IRFA, a summary of the significant issues raised by the public
comments in response to the IRFA, NMFS's responses to those comments,
and a summary of the analyses completed to support the action. Copies
of the EA/RIR/IRFA and SEA are available from the Council and NMFS (see
ADDRESSES).
Statement of Objective and Need
A description of the reasons why the 2012 recreational management
measures for summer flounder, scup, and black sea bass are being
implemented, and the objectives of and legal basis for this final rule
implementing both actions are explained in the preambles to the
proposed rule and this final rule, and are not repeated here.
A Summary of the Significant Issues Raised by the Public Comments in
Response to the IRFA, a Summary of the Assessment of the Agency of Such
Issues, and a Statement of Any Changes Made in the Proposed Rule as a
Result of Such Comments
Three comments were received on the proposed rule. However, none of
the comments addressed the IRFA or economic analysis and did not result
in any changes to the rule.
Description and Estimate of Number of Small Entities to Which This Rule
Will Apply
The recreational management measures could affect any of the 982
vessels possessing a Federal charter/party permit for summer flounder,
scup, and/or black sea bass in 2010, the most recent year for which
complete data are available. However, only 414 vessels reported active
participation in the 2010 recreational summer flounder, scup, and/or
black sea bass fisheries, based on
[[Page 30430]]
Vessel Trip Reports where the amount of kept summer flounder, scup, or
black sea bass is greater than zero on a reported charter/party trip.
The Small Business Administration (SBA) considers commercial fishing
entities (NAICS code 114111) to be small entities if they have no more
than $4 million in annual sales, while the size standard for charter/
party operators (part of NAICS code 487210) is $7 million in sales.
Because any vessel at any time may be issued an open access charter/
party summer flounder, scup, and/or black sea bass permit, it is
difficult to determine how many vessels or owners will participate in
this fishery in a given year. Although some firms own more than one
vessel, available data make it difficult to reliably identify ownership
control over more than one vessel. Thus, all of the entities (fishing
vessels) affected by this action are considered small entities under
the SBA size standards for charter/party fishing businesses ($7.0
million in annual gross sales). Therefore, there are no
disproportionate effects on small versus large entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken To Minimize Economic Impact on Small
Entities
In seeking to minimize the impact of recreational management
measures (minimum fish size, possession limit, and fishing season) on
small entities (i.e., Federal party/charter permit holders), NMFS is
constrained to implementing measures that meet the conservation
objectives of the FMP and Magnuson-Stevens Act. Management measures
must provide sufficient constraints on recreational landings, such that
the established recreational harvest limits have a low likelihood of
being exceeded, which might lead to overfishing the stock. This rule
maintains the status quo recreational management measures for summer
flounder and implements less restrictive management measures for scup
and black sea bass in Federal waters.
Summer flounder alternatives. The alternatives examined by the
Council and forwarded for consideration by NMFS consisted of the non-
preferred alternative of coastwide measures (an 18.5-inch (46.99-cm)
minimum fish size, a 2-fish per person possession limit, and open
season from May 1 through September 30), and the preferred alternative
of state-by-state conservation equivalency (see Table 2 for measures)
with a precautionary default backstop (status quo). These were
alternatives 1 and 2, respectively, in the Council's SEA/RIR/IRFA.
These two alternatives were determined by the Council to provide a high
probability of constraining recreational landings to levels at or below
the 2012 recreational harvest limit. Therefore, either alternative
recreational management system could be considered for implementation
by NMFS, as the critical metric of satisfying the regulatory and
statutory requirements would likely be met by either.
Next, NMFS considered the recommendation of both the Council and
Commission. Both groups recommended implementation of state-by-state
conservation equivalency, with a precautionary default backstop. The
recommendations of both groups were not unanimous: Some Council and
Commission members objected to the use of conservation equivalency,
stating a preference for coastwide measures.
For NMFS to disapprove the Council's recommendation for
conservation equivalency and substitute coastwide management measures,
NMFS must reasonably demonstrate that the recommended measures are
either inconsistent with applicable law or that the conservation
objectives of the FMP will not be achieved by implementing conservation
equivalency. NMFS does not find the Council and Commission's
recommendation to be inconsistent with the implementing regulations of
the FMP at Sec. 648.100 or the Magnuson-Stevens Act, including the 10
National Standards.
The additional metric for consideration by NMFS, applicable to the
FRFA, is examination of the economic impacts of the alternatives on
small entities consistent with the stated objectives of applicable
statutes. As previously stated, both coastwide measures (alternative 1)
and conservation equivalency (alternative 2) are projected to achieve
the conservation objectives for the 2012 summer flounder recreational
fishery. However, the economic impacts of the two alternatives are not
projected to be equal in the Council's analyses: The economic impacts
on small entities under the coastwide measures management system would
vary in comparison to the conservation equivalency system, dependent on
the specific state wherein the small entities operate.
Quantitative analyses of the economic impacts associated with
conservation equivalency measures are not available. This is because
the development of the individual state measures occurs concurrent to
the NMFS rulemaking process to ensure timely implementation of final
measures for the 2012 recreational fishery; thus, the specific measures
implemented by states are not available for economic impact analyses.
Instead, qualitative methods were utilized by the Council to assess the
relative impact of conservation equivalency (alternative 2) to
coastwide measures (alternative 1). The Council analysis concluded, and
NMFS agrees, that conservation equivalency is expected to minimize
impacts on small entities because individual states can develop
specific summer flounder management measures that allow the fishery to
operate during each state's critical fishing periods while still
achieving conservation goals.
NMFS is implementing the Council and Commission's recommended
state-by-state conservation equivalency measures because: (1) NMFS
finds no compelling reason to disapprove the Council and Commission's
recommended 2012 management system, as the management measures
contained in conservation equivalency are projected to provide the
necessary restriction on recreational landings to prevent the
recreational harvest limit from being exceeded; and (2) the net
economic impact to small entities on a coastwide basis are expected to
be mitigated, to the extent practicable, for a much larger percentage
of small entities.
Scup alternatives. NMFS is implementing the Council's preferred
measures as the Federal water measures for the 2012 fishing year: A
10.5-inch (26.67-cm) minimum fish size; a 20-fish per person possession
limit; and year-round open season. Similar to the summer flounder
discussion, this suite of scup measures (alternative 2) provides the
greatest economic opportunity for small entities from the alternatives
available by providing the maximum fishing opportunity in Federal
waters that also meets the requirements of the Magnuson-Stevens Act,
the FMP, and achieves the conservation objectives for 2012. Alternative
1 for a 10.5-inch (26.67-cm) minimum fish size, 10-fish per person
possession limit, and open seasons of June 6-September 26 contained
measures that had higher impacts on small entities fishing in Federal
waters, as it contains more restrictive measures than would be
necessary to satisfy the management objectives.
Black sea bass alternatives. As previously stated in the preamble,
[[Page 30431]]
individual states have developed and implemented measures for use in
state waters. This rule implements the Council's preferred measures
(Alternative 2 in the Council's SEA/RIR/IRFA): A 12.5-inch (31.75-cm)
minimum fish size and a 25-fish possession limit for the May 19-October
14 and November 1-December 31 fishing seasons; and a 12.5-in (31.75-cm)
minimum fish size and a 15-fish possession limit for January 1 through
the end of February for Federal waters. This alternative provides the
greatest associated economic opportunities to small entities of the
measures considered for Federal waters that also meets the statutory
and regulatory requirements for the 2012 fishery. Alternative 1 (a
13.0-inch (33.02-cm) minimum fish size, a 25-fish per person possession
limit, and open season of May 22 through October 11 and November 1
through December 31), would result in higher impacts on small entities
fishing in Federal waters, as it contains more restrictive measures
than would be necessary to satisfy the management objectives.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
the small entity compliance guide was prepared and will be sent to all
holders of Federal party/charter permits issued for the summer
flounder, scup, and black sea bass fisheries. In addition, copies of
this final rule and the small entity compliance guide are available
from NMFS (see ADDRESSES) and at the following Web site: http://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 17, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.107, introductory paragraph (a) and paragraph (b) are
revised to read as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
party/charter and recreational fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by Massachusetts through
North Carolina for 2012 are the conservation equivalent of the minimum
fish size, season, and possession limit prescribed in Sec. Sec.
648.104(b), 648.105, and 648.106(a), respectively. This determination
is based on a recommendation from the Summer Flounder Board of the
Atlantic States Marine Fisheries Commission.
* * * * *
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels subject
to the recreational fishing measures of this part and registered in
states whose fishery management measures are not determined by the
Regional Administrator to be the conservation equivalent of the minimum
size, season, and possession limit prescribed in Sec. Sec. 648.104(b),
648.105, and 648.106(a), respectively, due to the lack of, or the
reversal of, a conservation equivalent recommendation from the Summer
Flounder Board of the Atlantic States Marine Fisheries Commission,
shall be subject to the following precautionary default measures:
Season--May 1 through September 30; minimum size--20.0 inches (50.80
cm); and possession limit--two fish.
0
3. Section 648.127 is revised to read as follows:
Sec. 648.127 Scup recreational fishing season.
Fishermen and vessels that are not eligible for a moratorium permit
under Sec. 648.4(a)(6) may possess scup year-round, 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.
0
4. In Sec. 648.128, paragraph (a) is revised to read as follows:
Sec. 648.128 Scup possession restrictions.
(a) Party/Charter and recreational possession limits. No person
shall possess more than 20 scup in, or harvested from, the EEZ 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.
* * * * *
0
5. In Sec. 648.145, paragraph (a) is revised to read as follows:
Sec. 648.145 Black sea bass possession limit.
(a) From January 1 through February 28, no person shall possess
more than 15 black sea bass in, or harvested from, the EEZ unless that
person is the owner or operator of a fishing vessel issued a black sea
bass moratorium permit, or is issued a black sea bass dealer permit.
From May 19 through October 14, and from November 1 through December
31, no person shall possess more than 25 black sea bass in, or
harvested from, the EEZ unless that person is the owner or operator of
a fishing vessel issued a black sea bass moratorium permit, or is
issued a black sea bass dealer permit. Persons aboard a commercial
vessel that is not eligible for a black sea bass moratorium permit may
not retain more than 15 black sea bass from January 1 through February
29, or more than 25 black sea bass from May 19 through October 14 and
from November 1 through December 31. The owner, operator, and crew of a
charter or party boat issued a black sea bass 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. 648.142.
* * * * *
0
6. Section 648.146 is revised to read as follows:
Sec. 648.146 Black sea bass recreational fishing season.
Vessels that are not eligible for a moratorium permit under Sec.
648.4(a)(7), and fishermen subject to the possession limit specified in
Sec. 648.145(a), may possess black sea bass from January 1 through
February 28, May 19 through October 14, and November 1 through December
31, unless this time period is
[[Page 30432]]
adjusted pursuant to the procedures in Sec. 648.142.
[FR Doc. 2012-12422 Filed 5-18-12; 11:15 am]
BILLING CODE 3510-22-P