[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37475-37480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14919]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130403319-3545-02]
RIN 0648-BD13
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2013
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing management measures for the 2013 summer
flounder, scup, and black sea bass recreational fisheries. This rule
also implements an increase in the 2013 and 2014 black sea bass
specifications, consistent with a new acceptable biological catch
recommendation. The implementing regulations for these fisheries
require NMFS to publish recreational measures for the fishing year. The
intent of these measures is to prevent overfishing of the summer
flounder, scup, and black sea bass resources.
DATES: Effective June 20, 2013.
ADDRESSES: Copies of the Supplemental Environmental Assessment (SEA)
for the 2013 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 2013 Federal recreational measures
for the summer flounder, scup, and black sea bass recreational
fisheries was published on April 29, 2013 (78 FR 25052). Additional
background and information is provided in the preamble to the proposed
rule and is not repeated here.
2013 and 2014 Black Sea Bass Specifications and 2013 Recreational
Management Measures
In this rule, NMFS is implementing management measures for the 2013
summer flounder, scup, and black sea bass recreational fisheries. This
rule also implements an increase in the 2013 and 2014 black sea bass
specifications, consistent with a new acceptable biological catch (ABC)
recommendation. All minimum fish sizes discussed hereafter 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.
Black Sea Bass Specifications
The process for establishing specifications was summarized in the
proposed rule and is not repeated here. At its December 2012 meeting,
the Council requested that the Scientific and Statistical Committee
(SSC) revisit the 2013 black sea bass specifications and make a
recommendation for the 2014 fishing year. On January 23, 2013, the SSC
met to reconsider these specifications and recommended an increase in
the specifications for both the 2013 and 2014 fishing years. The SSC
revised its recommendation for the 2013 and 2014 black sea bass ABC to
5.5 million lb (2,495 mt). The Council voted at its February 2013
meeting to recommend that the new ABC be implemented in conjunction
with the recreational management measures. The following table provides
the initial specifications for black sea bass for 2013 that were
established in the specifications final rule (December 31, 2012; 77 FR
76942) and the revised specifications for 2013 and 2014 that are
implemented in this rule.
[[Page 37476]]
Table 1--Black Sea Bass Specifications
----------------------------------------------------------------------------------------------------------------
Original 2013 specifications New specifications for 2013 and
------------------------------------ 2014 (million lb)
-----------------------------------
million lb mt million lb mt
----------------------------------------------------------------------------------------------------------------
ABC..................................... 4.50 2,041 5.50 2,495
Commercial ACL & ACT.................... 2.13 966 2.60 1,179
Commercial Quota........................ 1.78 805 2.17 986
Recreational ACL & ACT.................. 2.37 1,075 2.90 1,315
Recreational Harvest Limit.............. 1.85 838 2.26 1,026
----------------------------------------------------------------------------------------------------------------
As a result of this increase in the black sea bass catch limits,
there is a corresponding increase of 25,000 lb (11.3 mt) of black sea
bass in the available Research Set-Aside (RSA). Of the total 140,000 lb
(65.5 mt) of black sea bass RSA now available, 129,420 lb (58.7 mt)
have been awarded. The resulting difference of 10,580 lb (4.8 mt) is
redistributed to the recreational harvest limit and the commercial
quota, proportionally based on the sector allocations specified in the
FMP (i.e., 49 percent to the commercial sector and 51 percent to the
recreational sector.) Therefore, this rule implements a recreational
harvest limit of 2,262,929 lb (1,026 mt) and a commercial quota of
2,174,312 lb (986 mt).
2013 Recreational Management Measures
This rule implements the following measures that would apply in the
Federal waters of the EEZ and to all federally permitted party/charter
vessels with applicable summer flounder, scup, or black sea bass
permits regardless of where they fish. For summer flounder, use of
state-by-state conservation equivalency measures, which are the status
quo measures; for scup, a 10-inch (25.4-cm) minimum fish size, a 30-
fish per person possession limit, and an open season of January 1
through December 31; and, for black sea bass, a 12.5-inch (31.8-cm)
minimum fish size, and a 20-fish per person possession limit for open
seasons of May 19 through October 14 and November 1 through December
31.
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 2013 scup and black sea
bass recreational fisheries.
Summer Flounder Recreational Management Measures
This final rule implements the use of conservation equivalency to
manage the 2013 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
North Carolina will replace the Federal waters measures for 2013.
The Commission notified the NMFS Northeast Regional Administrator
by letter dated May 14, 2013, that the 2013 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 2013
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 2013 are the conservation equivalent of the season, minimum size,
and possession limit prescribed in Sec. Sec. 648.104(b), 648.105, and
648.106(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 2013. For clarity, the 2013 summer
flounder management measures adopted by the individual states vary
according to the state of landing, as specified in Table 1.
Table 2--2013 Commission Approved State-by-State Conservation Equivalent Recreational Management Measures for Summer Flounder
--------------------------------------------------------------------------------------------------------------------------------------------------------
Minimum Size Minimum Size
State (inches) (cm) Possession Limit Open Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Massachusetts......................... 16 40.6 5 fish........................ May 22-September 30.
Rhode Island.......................... 18 45.7 8 fish........................ May 1-December 31.
Connecticut........................... 17.5 44.5 5 fish........................ May 15-October 31.
New York.............................. 19 48.3 4 fish........................ May 1-September 29.
New Jersey............................ 17.5 44.5 5 fish........................ May 18-September 16.
[[Page 37477]]
Delaware.............................. 17 43.2 4 fish........................ All Year.
Maryland.............................. 16 40.6 4 fish........................ March 28-December 31.
PRFC.................................. 16 40.6 4 fish........................ All year.
Virginia.............................. 16 40.6 4 fish........................ All year.
North Carolina........................ 15 38.1 6 fish........................ All Year.
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Note: At 42 designated shore sites in CT, anglers may keep 5 fish at 16.0 inches (40.6 cm), May 15-October 31.
Scup Recreational Management Measures
This final rule implements the Council and Commission's recommended
scup recreational management measures for 2013 in Federal waters. The
2013 scup recreational harvest limit is 7.55 million lb (3,425 mt), as
published in final rule (December 31, 2012; 77 FR 76942). Estimated
2012 scup recreational landings are 4.06 million lb (1,842 mt), well
below the 2013 recreational harvest limit; therefore, no reduction in
landings is needed. The measures for the 2013 scup recreational fishery
are for a 10-inch (25.4-cm) minimum fish size, a 30-fish per person
possession limit, and an open season of January 1 through December 31.
Black Sea Bass Recreational Management Measures
This final rule implements the Council's recommended recreational
management measures to reduce landings for black sea bass. The 2013
black sea bass recreational harvest limit is 2.26 million lb (1,026
mt). The 2012 recreational harvest limit was 1.32 million lb (599 mt),
and the projected 2012 recreational landings were 2.99 million lb
(1,356 mt). The projected 2012 landings are above the 2012 recreational
harvest limit and both the previously established and the new
recreational harvest limit for 2013. The Council and the Commission,
therefore, needed to establish management measures to reduce landings
in 2013 to a level below the 2013 recreational harvest limit. The
majority of the recreational black sea bass fishery occurs in state
waters. As such, the Commission agreed to make more significant changes
to the state-waters measures to ensure the 2013 recreational harvest
limit is not exceeded. Specifically, at the December 2012 meeting, the
available data indicated that the Commission needed to reduce landings
by 32 percent. However, data corrections and updates to the average
weight per fish have resulted in the Commission needing to reduce
landings by 24 percent as compared to 2012. In a letter dated May 16,
2013, the Commission has indicated that there was a reasonable
likelihood that the state measures, including the proposed measures for
Connecticut, would constrain recreational landings to the recreational
harvest limit.
In light of the Commission's changes to the state-water measures,
this final rule implements a 12.5-inch (31.8-cm) minimum fish size and
20-fish possession limit for open seasons of May 19--October 14 and
November 1-December 31.
Comments and Responses
NMFS received one comment regarding the proposed recreational
management measures and increase to the black sea bass specifications.
The commenter stated that there was no factual reason for an increase
in the catch limits and that the catch limits for all three species
should be reduced by 25 percent to prevent extinction. NMFS disagrees
with these statements. The catch limits that were established for
summer flounder and scup in the specifications final rule (December 31,
2012; 77 FR 76942) and the increase to the black sea bass
specifications established in this rule are based on the best available
scientific information and on recommendations of the Council's SSC.
None of these species is overfished or experiencing overfishing, and,
therefore, not in danger of extinction.
Classification
The Regional Administrator, Northeast Region, NMFS, determined that
this final rule implementing the 2013 summer flounder, scup, and black
sea bass recreational management measures and 2013 and 2014 black sea
bass specifications 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, has determined
that there is good cause to waive the requirement for a 30-day delay in
effectiveness provision of the Administrative Procedure Act, pursuant
to 5 U.S.C. 553(d)(3). NMFS has determined that a delay in this rule's
effectiveness would be contrary to the public interest because it would
undermine the intent of the rule, which is to promote the optimal
utilization and conservation of the summer flounder, scup, and black
sea bass resources. This action increases the trip limit for the
recreational scup fishery in Federal waters and allows federally
permitted charter/party vessels to be subject to the new, liberalized
summer flounder measures in their respective states, without resulting
in overfishing. Because some states' summer flounder fisheries are
already open or will open during the 30-day period, federally permitted
charter/party vessels would be restricted to the existing summer
flounder coastwide regulations (18-inch (45.7-cm) minimum size and a 2-
fish per person possession limit) until the Federal regulations are
effective. This would unnecessarily disadvantage the federally
permitted vessels, which would be subject to the more restrictive
measures while state-licensed vessels could be engaged in fishing
activities under this year's management measures. In addition, this
rule increases the possession limit for scup, expanding fishing
opportunities for fishermen that would otherwise be constrained under
the current measures, without resulting in overfishing. If the
effectiveness of this final rule were delayed for 30 days, the fishery
would likely forego some amount of landings and revenues during the
delay period. While 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.
For these reasons, the 30-day delay is waived and this rule will
become
[[Page 37478]]
effective on the date of filing in the Federal Register.
Final Regulatory Flexibility Analysis
This final rule includes 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 2013 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
One comment was received on the proposed rule; however, it did not
address 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 852
vessels possessing a Federal charter/party permit for summer flounder,
scup, and/or black sea bass in 2012. However, only 355 vessels reported
active participation in the 2012 recreational summer flounder, scup,
and/or black sea bass fisheries, based on 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, implements less restrictive management measures for scup, and
slightly more restrictive measures for 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-inch (45.7-cm)
minimum fish size, a 4-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 2013 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 2013 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 2013 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
[[Page 37479]]
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 2013 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 2013 fishing year: A 10-
inch (25.4-cm) minimum fish size; a 30-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 2013. Alternative
1 for a 10.5-inch (26.7-cm) minimum fish size, 20-fish per person
possession limit, and year-round open season 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, and thus this alternative was not
implemented.
Black sea bass alternatives. As previously stated in the preamble,
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 (31.8-cm)
minimum fish size and a 22-fish possession limit for the May 19-October
14 and November 1-December 31 fishing seasons. 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 2013 fishery.
Alternative 1 (a 12.5-inch (31.8-cm) minimum fish size, a 25-fish per
person possession limit, and open season of May 19 through October 14
and November 1 through December 31; and a 12.5-inch (31.8-cm) minimum
fish size, a 15-fish per person possession limit, and an open season of
January 1-February 28), does not satisfy the management objectives of
the FMP, as a reduction in landings as compared to 2012 is necessary,
and thus this alternative was not implemented.
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: June 17, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the 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. 648.104, paragraph (b) is revised to read as follows:
Sec. 648.104 Summer flounder minimum fish sizes.
* * * * *
(b) Party/charter permitted vessels and recreational fishery
participants. Unless otherwise specified pursuant to Sec. 648.107, the
minimum size for summer flounder is 18 inches (45.7 cm) TL for all
vessels that do not qualify for a moratorium permit under Sec.
648.4(a)(3), and charter boats holding a moratorium permit if fishing
with more than three crew members, or party boats holding a moratorium
permit if fishing with passengers for hire or carrying more than five
crew members.
* * * * *
0
3. In Sec. 648.106, paragraph (a) is revised to read as follows:
Sec. 648.106 Summer flounder possession restrictions.
(a) Party/charter and recreational possession limits. Unless
otherwise specified pursuant to Sec. 648.107, no person shall possess
more than four summer flounder in, or harvested from, the EEZ, 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. 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.
* * * * *
0
4. Section 648.107 is revised 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 Massachusetts through
North Carolina for 2013 are the conservation equivalent of the season,
minimum fish size, 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
[[Page 37480]]
Administrator to be the conservation equivalent of the season, minimum
size, 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 (50.8
cm); and possession limit--two fish.
0
5. In Sec. 648.126, paragraph (b) is revised to read as follows:
Sec. 648.126 Scup minimum fish sizes.
* * * * *
(b) Party/Charter permitted vessels and recreational fishery
participants. The minimum size for scup is 10 inches (25.4 cm) TL for
all vessels that do not have a moratorium permit, or for party and
charter vessels that are issued a moratorium permit but are fishing
with passengers for hire, or carrying more than three crew members if a
charter boat, or more than five crew members if a party boat.
* * * * *
0
6. 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
7. 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 30 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
8. In Sec. 648.145, paragraph (a) is revised to read as follows:
Sec. 648.145 Black sea bass possession limit.
(a) During the recreational fishing season specified at Sec.
648.146, no person shall possess more than 20 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 20 black sea bass during the recreational fishing
season specified at Sec. 648.146. 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.
* * * * *
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9. 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 only possess black sea bass from May 19 through
October 14, and November 1 through December 31, unless this time period
is adjusted pursuant to the procedures in Sec. 648.142.
[FR Doc. 2013-14919 Filed 6-20-13; 8:45 am]
BILLING CODE 3510-22-P