[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Proposed Rules]
[Pages 69179-69187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28444]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150903814-5814-01]
RIN 0648-XE171
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2016-2018 Summer Flounder, Scup,
and Black Sea Bass Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specifications; request for comments.
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SUMMARY: NMFS proposes specifications for the 2016-2018 summer flounder
and scup fisheries and for the 2016-2017 black sea bass fishery. The
implementing regulations for the Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan require us to publish specifications for
the upcoming fishing year for each of these species and to provide an
opportunity for public comment. This action is intended to propose for
implementation specifications necessary to constrain harvest for these
three species within
[[Page 69180]]
scientifically sound recommendations to prevent overfishing.
DATES: Comments must be received on or before November 24, 2015.
ADDRESSES: An environmental assessment (EA) was prepared for the
specifications and describes the proposed action and other considered
alternatives, and provides an analysis of the impacts of the proposed
measures and alternatives. Copies of the Specifications Document,
including the EA and the Initial Regulatory Flexibility Analysis
(IRFA), are available on request 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.mafmc.org.
You may submit comments on this document, identified by NOAA-NMFS-
2015-0117, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0117,
2. Click the ``Comment Now!'' icon, complete the required fields
3. Enter or attach your comments.
-OR-
Mail: Submit written comments to John Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01950. Mark the outside of the envelope,
``Comments on the Proposed Rule for FSB Specifications.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
General Specification Background
The Mid-Atlantic Fishery Management Council and the Atlantic States
Marine Fisheries Commission cooperatively manage the summer flounder,
scup, and black sea bass fisheries. Fishery specifications in these
fisheries include various catch and landing subdivisions, such as the
commercial and recreational sector annual catch limits (ACLs), annual
catch targets (ACTs), and sector-specific landing limits (i.e., the
commercial fishery quota and recreational harvest limit) for the
upcoming fishing year. Rulemaking for measures used to manage the
recreational fisheries (minimum fish sizes, open seasons, and bag
limits) for these three species occurs separately and typically takes
place in the spring of each year.
The Summer Flounder, Scup, and Black Sea Bass Fishery Management
Plan (FMP) and its implementing regulations establish the Council's
process for establishing specifications. The management units specified
in the FMP include summer flounder (Paralichthys dentatus) in U.S.
waters of the Atlantic Ocean from the southern border of North Carolina
northward to the U.S./Canada border, and scup (Stenotomus chrysops) and
black sea bass (Centropristis striata) in U.S. waters of the Atlantic
Ocean from 35[deg] 13.3' N. lat. (the latitude of Cape Hatteras
Lighthouse, Buxton, NC) northward to the U.S./Canada border. The FMP
also contains formulas to divide the specification catch limits into
commercial and recreational fishery allocations, state-by-state quotas,
and quota periods, depending on the species in question.
The Council's Scientific and Statistical Committee (SSC) met July
22-23, 2015, to recommend acceptable biological catches (ABC) for the
2016-2018 these fisheries. The Summer Flounder, Scup, and Black Sea
Bass Monitoring Committees met July 23-24, 2015, to discuss
specification-related recommendations for the three fisheries, to
recommend offsets from the ACL to account for management uncertainty,
and to discuss commercial management measure recommendations, as
appropriate. Note, because of a planned black sea bass benchmark stock
assessment scheduled for late 2016, the SSC only recommended interim
ABCs for 2016 and 2017. More details on the SSC's discussions are
provided in the fishery-specific sections below.
Following the SSC and Monitoring Committee meetings, the Council
and the Commission's Summer Flounder, Scup, and Black Sea Bass
Management Board met jointly on August 12, 2015, to consider the
recommendations of the SSC, the three Monitoring Committees, and public
comments, and to make their specification recommendations. The SSC and
the Council met subsequently to reconsider the black sea bass
recommendations. More complete details on the SSC, Monitoring
Committee, and Council meeting deliberations can be found on the
Council's Web site (www.mafmc.org).
While the Board action was finalized at the August meeting, the
Council's recommendations must be reviewed by NMFS to ensure that they
comply with the FMP and applicable law. NMFS also must conduct notice-
and-comment rulemaking to propose and implement the final
specifications.
Table 1--Summary of the Proposed 2016-2018 Summer Flounder and Scup Specifications and 2016-2017 Black Sea Bass Specifications
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Summer flounder Scup Black sea bass
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2016 2017 2018 2016 2017 2018 2016-2017
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Overfishing Limit (OFL)........................ million lb....................... 18.06 19.82 22.40 35.80 32.09 29.68 n/a
mt............................... 8,194 8,991 10,159 16,238 14,556 13,464 n/a
ABC............................................ million lb....................... 16.26 15.86 15.68 31.11 28.40 27.05 6.67
mt............................... 7,375 7,193 7,111 14,110 12,881 12,270 3,024
Commercial ACL/ACT............................. million lb....................... 9.42 9.19 9.10 24.26 22.15 21.10 3.15
mt............................... 4,275 4,168 4,127 11,006 10,047 9,571 1,428
Recreational ACL/ACT........................... million lb....................... 6.83 6.67 6.56 6.84 6.25 5.95 3.52
mt............................... 3,100 3,025 2,984 3,104 2,834 2,699 1,597
Commercial Quota............................... million lb....................... 8.12 7.91 7.89 20.47 18.38 17.34 2.71
mt............................... 3,685 3,590 3,581 9,284 8,337 7,866 1,230
[[Page 69181]]
Recreational Harvest Limit..................... million lb....................... 5.42 5.28 5.26 6.09 5.50 5.21 2.82
mt............................... 2,457 2,393 2,387 2,763 2,495 2,361 1,280
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Consistent with the summer flounder, scup, and black sea bass
regulations, the sum of the recreational and commercial sector ACLs are
equal to the ABCs. ACL is an expression of total catch (i.e., landings
and dead discarded fish). To derive the ACLs, the sum of the sector-
specific projected discards are removed from the ABCs to derive the
landing allowances. The resulting landing allowance is apportioned to
the commercial and recreational sectors by applying the FMP allocation
criteria: (1) Summer flounder--60 percent to the commercial fishery and
40 percent to the recreational fishery; (2) scup--78 percent to the
commercial fishery and 22 percent to the recreational fishery; and (3)
black sea bass--49 percent to the commercial fishery and 51 percent to
the recreational fishery. Using this method ensures that each sector is
accountable for its respective discards, rather than simply
apportioning the ABC by the allocation percentages to derive the sector
ACLs. Although the derived ACLs are not split exactly according to the
FMP-specified allocations, the landing portions of the ACLs preserve
the appropriate allocation split, consistent with the FMP. This process
results in the commercial and recreational ACLs, commercial quotas, and
recreational harvest limits shown in Table 1. The specific discard
values projected for each fishery and sector are described in more
detail below.
Proposed Specifications
Summer Flounder
This rulemaking proposes the Council's ABC recommendation and the
commercial and recreational catch limits associated with that ABC for
fishing years 2016-2018.
The 2015 stock assessment update used to established these
specifications was based on the approved model from the 2013 benchmark
assessment, updated to include data through 2014 (http://www.nefsc.noaa.gov/publications/crd/crd1513/crd1513.pdf). The
assessment update indicates that summer flounder are not overfished,
but that overfishing did occur in 2014. The stock status change was
primarily due to four years of below average recruitment, leading to
fewer summer flounder being available to the fishery than had
previously been predicted.
The OFL for 2016 was estimated to be 18.06 million lb (8,194 mt), a
reduction of 33 percent from 2015. At the request of the Council, the
SSC deviated from the standard Risk Policy and ABC Control Rule and
recommended ABCs that ``phase in'' the required reduction in order to
minimize the economic impact that such a reduction in a single year's
catch limits would cause. Using the standard ABC Control Rule, the 2016
ABC would have been 30 percent below the OFL to account for scientific
uncertainty. As proposed, this 30-percent buffer would be phased-in
over the next three years by increasing the buffer by a third in each
year. That is, a 10-buffer in 2016, a 20-percent buffer in 2017, and,
finally, the full 30-percent buffer in 2018. Each of the ABCs derived
from this approach have a less than 50-percent probability of resulting
in overfishing. This results in relatively stable specifications
because the current projections indicate a modest increase in the OFL
over these three years. The SSC has requested a stock assessment update
for next summer and intends to evaluate the available information to
determine if the proposed ABCs remain appropriate.
The Summer Flounder Monitoring Committee met to discuss the SSC's
recommendations and to determine whether additional reductions in the
catch limits were necessary to account for management uncertainty.
Because the recreational fishery in recent years has not substantially
exceeded the recreational harvest limit, discards in the commercial
fishery have been relatively low, and the commercial landings
monitoring and fishery closure system is timely, the Summer Flounder
Monitoring Committee determined that no additional reductions to
account for management uncertainty were necessary. Therefore, it was
recommended that the ACT (both commercial and recreational) should be
set equal to ACL for all three years. Removing the estimated discards
results in the commercial quotas and recreational harvest limits shown
below in Table 2.
Table 2--Proposed 2016-2018 Summer Flounder Specifications and Calculations
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2015 (current) 2016 2017 2018
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million lb mt million lb mt million lb mt million lb mt
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OFL................................................. 27.06 12,275 18.06 8,194 19.82 8,991 22.4 10,159
ABC................................................. 22.77 10,329 16.26 7,375 15.86 7,193 15.7 7,111
ABC Landings Portion................................ 18.45 8,368 13.54 6,142 13.19 5,983 13.2 5,968
ABC Discards Portion................................ 4.32 1,961 2.72 1,233 2.67 1,210 2.52 1,143
Commercial ACL...................................... 13.34 6,049 9.43 4,275 9.19 4,168 9.1 4,127
Commercial ACT...................................... 13.34 6,049 9.43 4,275 9.19 4,168 9.1 4,127
Projected Commercial Discards....................... 2.27 1,028 1.30 590 1.28 579 1.21 547
Commercial Quota.................................... 11.07 5,021 8.12 3,685 7.91 3,590 7.89 3,581
Recreational ACL.................................... 9.44 4,280 6.84 3,100 6.67 3,025 6.58 2,984
Recreational ACT.................................... 9.44 4,280 6.84 3,100 6.67 3,025 6.58 2,984
Projected Recreational Discards..................... 2.06 933 1.42 643 1.39 631 1.32 596
Recreational Harvest Limit.......................... 7.38 3,347 5.42 2,457 5.28 2,393 5.26 2,387
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[[Page 69182]]
The Council and Board considered the SSC and Summer Flounder
Monitoring Committee recommendations before concurring with the catch
recommendations specified in Table 2. Fishing under these catch limits
for 2016 through 2018 is not expected to compromise the summer flounder
stock, nor will fishing at this level present a unacceptably high
likelihood of overfishing. The Council recommended all other commercial
management measures remain status quo.
Table 3 presents the proposed state allocations for 2016-2018 using
the commercial state quota allocations described in the FMP. Any
commercial quota adjustments to account for overages will be published
in the Federal Register prior to the start of the respective fishing
year. The final rule for this action will include any necessary quota
overage reductions for fishing year 2016.
Table 3--2016-2018 Proposed Initial Summer Flounder State Commercial Quotas
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2016 initial quota 2017 initial quota 2018 initial quota
State FMP percent -----------------------------------------------------------------------------------------------
share lb kg lb kg lb kg
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ME....................................... 0.04756 3,864 1,753 3,764 1,707 3,755 1,703
NH....................................... 0.00046 37 17 36 17 36 16
MA....................................... 6.82046 554,097 251,334 539,812 244,854 538,459 244,240
RI....................................... 15.68298 1,274,091 577,917 1,241,244 563,019 1,238,133 561,607
CT....................................... 2.25708 183,366 83,173 178,639 81,029 178,191 80,826
NY....................................... 7.64699 621,244 281,791 605,228 274,527 603,711 273,838
NJ....................................... 16.72499 1,358,744 616,315 1,323,715 600,427 1,320,397 598,921
DE....................................... 0.01779 1,445 656 1,408 639 1,404 637
MD....................................... 2.0391 165,657 75,141 161,387 73,204 160,982 73,020
VA....................................... 21.31676 1,731,781 785,522 1,687,135 765,271 1,682,906 763,353
NC....................................... 27.44584 2,229,709 1,011,378 2,172,227 985,305 2,166,781 982,835
Total................................ 100 8,124,035 3,684,997 7,914,596 3,589,997 7,894,754 3,580,997
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Note: Kilograms are as converted from pounds and do not sum to the converted total due to rounding. Rounding of quotas results in totals slightly
exceeding 100 percent.
Scup
This rule proposes the Council's ABC recommendation and the
commercial and recreational catch limits associated with that ABC for
fishing years 2016-2018.
The SSC reviewed the results of the 2015 scup benchmark stock
assessment and determined that an update to the existing control rule
was warranted. The SSC determined that a lower coefficient of
variation, or CV, to estimate scientific uncertainty was acceptable for
the scup stock assessment instead of the default 100-percent CV. The
SSC's ABC recommendations are based on a 60-percent CV from the OFL and
are, therefore, higher than they would have otherwise been. In
addition, the 2016 ABC is based on an assumption that only 75 percent
of the 2015 ABC would be harvested, consistent with recent fishery
performance. The stock assessment upon which the specifications are
based indicates that scup biomass is currently lower than in recent
years, but still more than double the biomass target. Therefore, the
proposed catch limits are lower than the specifications for fishing
year 2015, but are still relatively high compared to recent landings.
The Scup Monitoring Committee met to discuss the SSC's
recommendations and to determine whether additional reductions in the
catch limits were necessary to account for management uncertainty.
Because both the recreational and commercial fisheries have not reached
their respective landings limits because of the very high quotas, and
the landings monitoring and fishery closure system is timely, the
Monitoring Committee determined that no additional reductions to
account for management uncertainty were necessary. Therefore, it was
recommended that the ACTs (both commercial and recreational) should be
set equal to the respective ACLs for fishing years 2016-2018. The
Council and Board considered the SSC and Scup Monitoring Committee
recommendations before concurring with the catch recommendations
specified in Table 2. Fishing under these catch limits for 2016 through
2018 is not expected to compromise the scup stock, nor will fishing at
this level present an unacceptably high likelihood of overfishing. The
Council recommended all other commercial management measures remain
status quo. After deducting the appropriate sector-specific discards,
the 2016-2018 commercial quotas and recreational harvest limits would
be as described below in Table 4.
Table 4--Proposed Scup Specifications
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2015 (current) 2016 2017 2018
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mil lb mt mil lb mt mil lb mt mil lb mt
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OFL............................................................. 47.8 21,680 35.8 16,238 32.09 14,556 29.7 13,464
ABC............................................................. 33.77 15,320 31.11 14,110 28.4 12,881 27.1 12,270
ABC Landings Portion............................................ 28.03 12,716 26.56 12,047 23.88 10,832 22.6 10,227
ABC Discards Portion............................................ 5.74 2,604 4.55 2,063 4.52 2,049 4.5 2,043
Commercial ACL.................................................. 26.34 11,950 24.26 11,006 22.15 10,047 21.1 9,571
Commercial ACT.................................................. 26.34 11,950 24.26 11,006 22.15 10,047 21.1 9,571
Projected Commercial Discards................................... 5.11 2,318 3.8 1,721 3.77 1,710 3.76 1,705
Commercial Quota................................................ 21.23 9,632 20.47 9,284 18.38 8,337 17.3 7,866
Recreational ACL................................................ 7.92 3,592 6.84 3,104 6.25 2,834 5.95 2,699
Recreational ACT................................................ 7.92 3,592 6.84 3,104 6.25 2,834 5.95 2,699
[[Page 69183]]
Projected Recreational Discards................................. 0.67 304 0.75 342 0.75 339 0.75 338
Recreational Harvest Limit...................................... 6.8 3,288 6.09 2,763 5.5 2,495 5.21 2,361
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The scup commercial quota is divided into three commercial fishery
quota periods: Winter I; Summer; and Winter II. This rule proposes
commercial scup quotas for these three periods for 2016-2018,
consistent with the allocation structure of the FMP. If there is a
commercial overage applicable to the 2016 scup commercial quota, notice
of that overage will be included in the final rule for this action.
Commercial overages applicable to fishing years 2017 and 2018 will be
provided in a Federal Register notice published prior to the start of
the fishing year. The period quotas are detailed in Table 5. Unused
Winter I quota may be carried over for use in the Winter II period.
Table 5--Proposed Commercial Scup Quota Allocations for 2016-2018 by Quota Period
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2016 Initial quota 2017 Initial quota 2018 Initial quota
Quota period Percent --------------------------------------------------------------------------
share lb mt lb mt lb mt
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Winter I.......................................................... 45.11 9,232,987 4,188 8,291,190 3,761 7,822,778 3,548
Summer............................................................ 38.95 7,972,176 3,616 7,158,986 3,247 6,754,538 3,064
Winter II......................................................... 15.94 3,262,554 1,480 2,929,762 1,329 2,764,245 1,254
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Total......................................................... 100.0 20,467,716 9,284 18,379,939 8,337 17,341,562 7,866
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Note: Metric tons are as converted from pounds and may not necessarily total due to rounding.
The Winter I possession limit will be reduced to 1,000 lb (454 kg)
when 80 percent of that period's allocation has been landed. The Winter
II possession limit may be adjusted (in association with a transfer of
unused Winter I quota to the Winter II period) via notification in the
Federal Register.
Table 6--Initial Commercial Scup Possession Limits by Quota Period
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Federal possession limits (per
trip)
Quota period Percent share -------------------------------
lb kg
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Winter I......................................................... 45.11 50,000 22,680
Summer........................................................... 38.95 N/A N/A
Winter II........................................................ 15.94 12,000 5,443
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Total........................................................ 100.0 N/A N/A
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Black Sea Bass
This rule proposes the Council's revised ABC recommendation and the
commercial and recreational catch limits associated with that ABC for
fishing years 2016 and 2017.
Black sea bass remains a data-poor stock, with relatively high
uncertainty for the purposes of calculating ABC. The SSC rejected the
OFL estimate provided from the 2011 stock assessment, stating that it
was highly uncertain and not sufficiently reliable to use as the basis
of management advice. In 2012, the SSC recommended an ABC of 4.50
million lb (2,041 mt). The Council tasked the SSC to revisit this
recommendation in January 2013. The SSC revised its recommendation for
fishing years 2013 and 2014 and recommended an ABC of 5.50 million lb
(2,494 mt). This ABC and the corresponding specifications were
implemented in June 2013 and were carried forward into fishing year
2015. At the July 2015 meeting, the SSC made an interim recommendation
that would continue this ABC into fishing years 2016-2017. No
recommendation was made for 2018. A benchmark stock assessment for
black sea bass is scheduled to occur in 2016 and the Council and the
SSC will use this information to recommend a 2018 ABC.
A very large year class from 2011 has been prevalent throughout the
fishery for the past several years, making it difficult to avoid black
sea bass and leading to increasingly restrictive management measures.
The SSC reviewed additional information at its September 16, 2015,
meeting on setting catch recommendations for data poor stocks with no
reliable overfishing limit estimate available (i.e., ABC Control Rule
Level IV). This is intended to replace the default constant catch
approach the SSC has used for data-poor stocks. The SSC determined that
the average of four of the Data-Limited Modeling Approaches that were
evaluated was a more scientifically robust approach to setting catch
advice. This approach resulted in the SSC revising its black sea bass
ABC recommendation for 2016 and 2017 to 6.67 million lb (3,024 mt). The
Council discussed the revised SSC recommendation at its October 7,
2015, meeting, notifying NMFS in a letter dated October 14, 2015. The
Commission's Black Sea Bass Board will review this recommendation in
November.
The Black Sea Bass Monitoring Committee met in July 2015 to discuss
the SSC's interim recommendation and
[[Page 69184]]
to determine if additional reductions in the catch limits were
necessary to account for management uncertainty. The Monitoring
Committee determined that no additional reductions to account for
management uncertainty were necessary because the commercial management
program is timely, and management uncertainty will be more explicitly
accounted for in the recreational management measures process.
Therefore, it was recommended that the ACTs (both commercial and
recreational) should be set equal to their respective ACL for fishing
years 2016 and 2017. The Monitoring Committee discussed the revised ABC
recommendation via email prior to the Council's discussion. The
Monitoring Committee determined that the rationale for the prior
recommendation was also applicable to the revised specifications. As
such, the Council is recommending, and this rule proposes, that the ACT
be set equal to the ACL for both sectors in both years.
The Council recommended that all other commercial management
measures remain at the status quo. This rule proposes the revised
specifications shown in Table 7, as recommended by the Council and
consistent with the SSC's recommendations. Preliminary data indicate
that a commercial quota overage occurred in 2014. There may also have
been more discards than projected, resulting in an additional overage
of the ACL, potentially triggering an additional accountability
measure. Any overage of the ACL beyond the landings overage will be
deducted from the 2016 ACT. The 2014 commercial quota overage amount,
in pounds, will be deducted from the 2016 quota when the final
accounting is completed. Commercial overages applicable to fishing year
2017 will be provided in a Federal Register notice prior to the start
of the fishing year.
Table 7--Proposed Black Sea Bass 2016-2017 Specifications
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2015 (current) 2016 and 2017
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million lb mt million lb mt
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ABC............................................. 5.50 2,494 6.67 3,024
ABC Landings Portion............................ 4.56 2,070 5.53 2,510
ABC Discards Portion............................ 0.93 424 1.13 514
Commercial ACL.................................. 2.60 1,180 3.15 1,428
Commercial ACT.................................. 2.58 1,170 3.15 1,428
Projected Commercial Discards................... 0.37 166 0.44 198
Commercial Quota................................ 2.21 1,004 2.71 1,230
Recreational ACL................................ 2.90 1,314 3.52 1,597
Recreational ACT................................ 2.90 1,314 3.52 1,597
Projected Recreational Discards................. 0.57 258 0.70 317
Recreational Harvest Limit...................... 2.33 1,056 2.82 1,280
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Note: An accountability measure was implemented for fishing year 2015 because of a prior year's commercial
fishery overage.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
These proposed specifications are exempt from review under
Executive Order 12866.
An IRFA was prepared by the Council, as required by section 603 of
the Regulatory Flexibility Act (RFA), to examine the impacts of these
proposed specifications on small business entities, if adopted. A
description of the specifications, why they are being considered, and
the legal basis for proposing and implementing specifications for the
summer flounder, scup, and black sea bass fisheries are contained in
the preamble to this proposed rule. A copy of the detailed RFA analysis
is available from NMFS or the Council (see ADDRESSES). The Council's
analysis made use of quantitative approaches when possible. Where
quantitative data on revenues or other business-related metrics that
would provide insight to potential impacts were not available to inform
the analyses, qualitative analyses were conducted. A summary of the
2016-2018 specifications RFA analysis follows.
Description of the Reasons Why Action by the Agency is Being
Considered, and a Statement of the Objectives of, and Legal Basis for,
This Proposed Rule
This action proposes management measures, including annual catch
limits, for the summer flounder, scup, and black sea bass fisheries in
order to prevent overfishing and achieve optimum yield in the fishery.
A complete description of the action, why it is being considered, and
the legal basis for this action are contained in the specifications
document, and elsewhere in the preamble to this proposed rule, and are
not repeated here.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rule Would Apply
The Small Business Administration defines a small business as one
that is independently owned and operated; not dominant in its field of
operation; has annual receipts that do not exceed $20.5 million in the
case of commercial finfish harvesting entities (NAIC 114111), $5.5
million in the case of commercial shellfish harvesting entities (NAIC
114112), $7.5 million in the case of for-hire fishing entities (NAIC
114119); or has fewer than 500 employees in the case of fish processors
or 100 employees in the case of fish dealers. The North American
Industry Classification System (NAICS) is the standard used by Federal
statistical agencies in classifying business establishments for the
purpose of collecting, analyzing, and publishing statistical data
related to the U.S. business economy.
This proposed rule affects commercial and recreational fish
harvesting entities engaged in the summer flounder, scup, and black sea
bass fisheries. Individually-permitted vessels may hold permits for
several fisheries, harvesting species of fish that are regulated by
several different FMPs, even beyond those impacted by the proposed
action. Furthermore, multiple-permitted vessels and/or permits may be
owned by entities affiliated by stock ownership, common management,
identity of interest, contractual relationships, or economic
dependency. For the purposes of the RFA analysis, the ownership
[[Page 69185]]
entities, not the individual vessels, are considered to be the
regulated entities.
Ownership entities are defined as those entities with common
ownership personnel as listed on the permit application. Only permits
with identical ownership personnel are categorized as an ownership
entity. For example, if five permits have the same seven persons listed
as co-owners on their permit applications, those seven persons would
form one ownership entity that holds those five permits. If two of
those seven owners also co-own additional vessels, that ownership
arrangement would be considered a separate ownership entity for the
purpose of this analysis.
In preparation for this action, ownership entities are identified
based on a list of all permits for the most recent complete calendar
year. The current ownership data set used for this analysis is based on
calendar year 2014 and contains average gross sales associated with
those permits for calendar years 2012 through 2014. In addition to
classifying a business (ownership entity) as small or large, a business
can also be classified by its primary source of revenue. A business is
defined as being primarily engaged in fishing for finfish if it obtains
greater than 50 percent of its gross sales from sales of finfish.
Similarly, a business is defined as being primarily engaged in fishing
for shellfish if it obtains greater than 50 percent of its gross sales
from sales of shellfish.
A description of the specific permits that are likely to be
impacted by this action is provided below, along with a discussion of
the impacted businesses, which can include multiple vessels and/or
permit types.
The ownership database shows that for the 2012-2014 period, 485
affiliate firms held a summer flounder commercial permit and 547
affiliate firms held a summer flounder party/charter permit; 446
affiliate firms held a scup commercial permit and 491 affiliate firms
held a scup party/charter permit; and 491 affiliate firms held a black
sea bass commercial permit and 533 affiliate firms held a black sea
bass party/charter permit. However, not all of those affiliate firms
are active participants in the fishery. According to the ownership
database, 960 affiliate firms landed summer flounder, scup, and/or
black sea bass during the 2012-2014 period, with 952 of those business
affiliates categorized as small business and 8 categorized as large
business.
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule
NMFS is not aware of any relevant Federal rules that may duplicate,
overlap, or conflict with this proposed rule.
Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities
The Council analyzed four sets of combined catch limit alternatives
for each of the fishing years 2016-2018 for the summer flounder, scup,
and black sea bass fisheries. The 2018 fishing year analysis is based
on summer flounder and scup only because there was no recommendation
for black sea bass. The alternatives were as follows:
Alternative 1 was the Council's originally preferred
alternative, and was consistent with the SSC's interim advice;
Alternative 2 is the status quo and would maintain the
current specifications in effect;
Alternative 3 is an alternative provided for analytical
purposes as the ``most restrictive'' set of landings limits, based on
the lowest landings limits in the time series for each stock; and
Alternative 4 is the counter-point to Alternative 3 as the
``least restrictive'' or highest landings limits in the time series.
This analysis was completed using the Council's interim
recommendation for the black sea bass specifications. The
specifications proposed in this action are different than Alternative
1, as described in the Council's specifications document and IRFA. The
proposed specifications represent an increase in the 2016 and 2017
commercial quotas to 2.71 million lb (1,230 mt) and recreational
harvest limits of 2.82 million lb (1,280 mt). These are 21 percent
higher than the previously preferred alternative (Alternative 1), and
33 percent lower than the ``least restrictive'' alternative
(Alternative 4). The impacts from the proposed catch limits fall within
the range that has been analyzed and are more fully described here. The
discussion below is based on the conclusions of the RFA analyses in the
draft specifications document provided by the Council, modified to
account for the revised black sea bass recommendation.
Table 8--Summary of Landings Limits by Alternative
----------------------------------------------------------------------------------------------------------------
Commercial Recreational
Year Alternative Species quota harvest limit
----------------------------------------------------------------------------------------------------------------
2016......................... Proposed................ Summer Flounder........ 8.12 5.42
Scup................... 20.47 6.09
Black Sea Bass......... 2.71 2.82
Alternative 1 Summer Flounder........ 8.12 5.42
(Preferred)
Scup................... 20.47 6.09
Black Sea Bass......... 2.24 2.33
Alternative 2 (Status Summer Flounder........ 11.07 7.38
quo).
Scup................... 21.23 6.80
Black Sea Bass......... 2.21 2.33
Alternative 3 (Most Summer Flounder........ 6.30 4.20
Restrictive).
Scup................... 2.53 1.24
Black Sea Bass......... 1.13 1.17
Alternative 4 (Least Summer Flounder........ 18.18 12.12
Restrictive).
Scup................... 28.35 8.57
Black Sea Bass......... 4.02 4.18
----------------------------------------------------------------------------------------------------------------
2017......................... Proposed................ Summer Flounder........ 7.91 5.28
Scup................... 18.38 5.50
Black Sea Bass......... 2.71 2.82
[[Page 69186]]
Alternative 1 Summer Flounder........ 7.91 5.28
(Preferred).
Scup................... 18.38 5.50
Black Sea Bass......... 2.24 2.33
Alternative 2 (Status Summer Flounder........ 11.07 7.38
quo).
Scup................... 21.23 6.80
Black Sea Bass......... 2.21 2.33
Alternative 3 (Most Summer Flounder........ 6.30 4.20
Restrictive).
Scup................... 2.53 1.24
Black Sea Bass......... 1.13 1.17
Alternative 4 (Least Summer Flounder........ 18.18 12.12
Restrictive).
Scup................... 28.35 8.57
Black Sea Bass......... 4.02 4.18
----------------------------------------------------------------------------------------------------------------
2018......................... Alternative 1 Summer Flounder........ 7.89 5.26
(Preferred; Proposed).
Scup................... 17.34 5.21
Alternative 2 (Status Summer Flounder........ 11.07 7.38
quo).
Scup................... 21.23 6.80
Alternative 3 (Most Summer Flounder........ 6.30 4.20
Restrictive).
Scup................... 2.53 1.24
Alternative 4 (Least Summer Flounder........ 18.18 12.12
Restrictive).
Scup................... 28.35 8.57
----------------------------------------------------------------------------------------------------------------
Commercial Fishery Impacts
It is expected that varying levels of negative economic impacts on
the three fisheries may occur from the proposed specifications. The
summer flounder fishery is expected to experience the largest negative
impact, because of the 20-percent decrease in available quota in 2016.
This represents an approximately $8.1-million decrease in ex-vessel
summer flounder revenue across the fleet. However, some of this impact
may be offset for some firms if the price of summer flounder increases
because of lower availability. This decrease is not distributed
uniformly across each participating vessel because each business is not
equally dependent on summer flounder. The Council's analysis shows that
228 out of the 952 small business entities are likely to be faced with
revenue reductions of 5 percent or more because of Alternative 1. Of
these, 40 percent had gross sales of $10,000 or less, suggesting
dependence on fishing for some of these firms is very small. If the
revenue impacts were distributed equally across the active firms (i.e.,
those business entities who vessel or vessels landed summer flounder
between 2012 and 2014), the proposed specifications would result in a
$11,877-decrease per firm in 2016 compared to 2015.
The 2016-2018 proposed scup commercial quotas and recreational
harvest limits under the proposed alternative are lower than the quotas
implemented in 2015; however, they are higher than the 2014 commercial
and recreational landings. Unless market conditions change
substantially in coming years, it is expected that commercial and
recreational landings will likely be close to the 2014 landings. There
is no indication that the market environment for commercially and
recreationally caught scup will change considerably in fishing years
2016-2018. Therefore, there are no expected negative impacts from the
proposed scup quotas, even though they are lower than those of the
previous year.
The 2016-2017 proposed black sea bass commercial quotas are
increases from 2015. Relative to the status quo catch levels, the
proposed black sea bass quotas could result in slightly positive
impacts for the commercial fishery. The status quo specifications would
result in a $0.1-million increase, in revenue, fleet-wide, for the
commercial black sea bass fishery, or $134 per business entity if
distributed equally. The least restrictive alternative (Alternative 4)
would result in a $5.9-million increase in revenues ($7,930 per
business entity, if distributed equally). The proposed commercial quota
is approximately 13 percent higher than 2014 landings. Assuming the
2014 ex-vessel price for black sea bass ($3.24/lb), the proposed
commercial quota represents a potential increase of $1.5 million in
fleet-wide revenues, or approximately $2,000 per business entity if
distributed equally. The proposed alternative has slightly more
positive economic impacts than the status quo catch limits and is
consistent with the SSC's revised recommendation.
Recreational Fishery Impacts
While the proposed specifications would establish recreational
harvest limits for summer flounder, scup, and black sea bass, the
management measure details for recreational fisheries will be developed
by the Council separately for each fishing year, followed by NMFS
rulemaking in the spring of that year. A comprehensive analysis of the
impacts associated with the recommended recreational management
measures will be provided to NMFS from the Council to support these
activities. If recreational landings for these three species are the
same in 2016-2018 as in recent years, the recreational harvest limits
proposed would likely constrain recreational landings for summer
flounder and black sea bass, but not likely for scup. As such, it is
likely that more restrictive limits (i.e., lower possession limits,
higher minimum size limits, and/or shorter open seasons) will be
required for summer flounder and black sea bass. This will likely have
some negative economic impacts, particularly for the summer flounder
fishery. Increasing the recreational harvest limit for black sea bass
would allow the measures to be restricted less than if the status quo
recreational harvest limit is maintained, although only slightly.
Specific recreational management measures (for all three species) will
be determined when more complete data regarding recreational landings
are available.
Summary
The Council selected Alternative 1 (preferred) over Alternative 2
(status quo), Alternative 3 (most restrictive), and Alternative 4
(least restrictive) stating that the Alternative 1 measures were
consistent with the advice
[[Page 69187]]
provided to the Council by its SSC and monitoring committees and would
have less negative economic impacts than the most restrictive
alternatives. The status quo and least restrictive alternatives
(Alternatives 2 and 4, respectively) would have less economic impact
than the preferred alternative, but not satisfy the Magnuson-Stevens
Act requirements to ensure fish stocks are not subject to overfishing.
NMFS agrees with the Council's IRFA analysis and rationale for
recommending these catch limits. As such, NMFS is proposing to
implement the Council's preferred ABCs, ACLs, ACTs, commercial quotas,
and recreational harvest limits, as revised, presented in Table 1 of
this proposed rule's preamble.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 4, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-28444 Filed 11-6-15; 8:45 am]
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