[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Proposed Rules]
[Pages 17964-17966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07567]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170316276-7276-01]
RIN 0648-XF300
Fisheries of the Northeastern United States; Black Sea Bass
Fishery; 2017 and Projected 2018 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes revised black sea bass specifications for the
2017 fishing year and projected specifications for 2018. In addition,
this rule proposes to remove an accountability measure implemented at
the start of the fishing year designed to account for commercial sector
overages in 2015. Updated scientific information regarding the black
sea bass stock indicates that higher catch limits should be implemented
to obtain optimum yield, and that the accountability measure is no
longer necessary or appropriate. This action is intended to inform the
public of the proposed specifications for the 2017 fishing year and
projected specifications for 2018.
DATES: Comments must be received by 5 p.m. local time, on May 1, 2017.
ADDRESSES: An environmental assessment (EA) was prepared for this
action and describes the proposed measures 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 Regulatory Flexibility Act Analysis, 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-
2017-0023, 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-2017-0023,
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, 01930. Mark the outside of the envelope,
``Comments on the Proposed Rule for Revised Black Sea Bass
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: Cynthia Hanson, Fishery Management
Specialist, (978) 281-9180.
SUPPLEMENTARY INFORMATION:
General 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. The Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP) and its implementing
regulations outline the Council's process for establishing
specifications. 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). Annual specifications may be proposed for
three-year periods, with the Council reviewing the specifications each
year to ensure that previously established multi-year specifications
remain appropriate. Following review, NMFS publishes the final annual
specifications in the Federal Register. 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. 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.
On December 28, 2015, NMFS published a final rule implementing the
Council's recommended specifications for the black sea bass fishery (80
FR 80689). The Council intended to reconsider the specifications set
for fishing year 2017 following completion of the next black sea bass
benchmark assessment.
The assessment was completed in late 2016 and was peer reviewed by
the Stock Assessment Workshop/Stock Assessment Review Committee (SAW/
SARC 62) in December 2016. The benchmark assessment was effective in
determining stock status, biological reference points and proxies, and
in projecting probable short-term trends. The assessment successfully
cleared the SAW/SARC 62 peer review process, addressing many of the
significant concerns raised during peer reviews of earlier assessments.
The assessment indicates that the black sea bass stock north of Cape
Hatteras is not overfished and overfishing is not occurring. The
spawning stock biomass in 2015 was estimated to be 2.3 times higher
than the target and the fishing mortality rate (F) was 25 percent below
the FMSY proxy. Table 1 outlines the updated biological
reference points and 2015 stock information.
[[Page 17965]]
Table 1--Updated Black Sea Bass Biological Reference Points (BRPs) and 2015 Stock Information
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Proxy BRP (mil lb) BRP (mt) 2015 (mil lb) 2015 (mt)
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FMSY......................... F40%............. 0.36 0.36 0.27 0.27
Stock Biomass Target......... SSB40%........... 21.3 9,667 48.9 22,176
Stock Biomass Threshold...... 1/2SSB40%........ 10.7 4,834 N/A N/A
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Proposed Specifications
The Council's Scientific and Statistical Committee (SSC) met on
January 25, 2017, to discuss the assessment results and identify an
updated acceptable biological catch (ABC) level for 2017, and project
ABCs for the 2018 and 2019 fishing years. Based on the new information
provided by the assessment, the SSC accepted the overfishing limits
(OFLs) estimated by the assessment and recommended using a coefficient
of variation (CV) associated with the OFL of 60 percent. This marked a
change from the default 100-percent values that had been used in the
past, which had resulted in more precautionary specifications. Using
the Council's risk policy with a CV of 60 percent around the OFL, the
SSC recommended ABCs for the 2017 through 2019 fishing years (Table 2).
The adjusted 2017 ABC is 57 percent higher than the currently
established 2017 ABC; however, there is a pattern of declining ABCs
over the next three years. This decline is in part due to the passage
of the large 2011 year class out of the fishery. The SSC intends to
review its ABC recommendation again next summer and determine if
adjustments need to be made for 2018.
Following the SSC meeting, the Monitoring Committee met on January
26, 2017, to discuss ACLs, ACTs, commercial quotas, and recreational
harvest limits for the 2017 through 2019 fishing years. The Monitoring
Committee determined that no additional reductions were necessary to
account for management uncertainty. Commercial landings have been very
close to the quota over the last five years and recreational overages
occurred when the stock was rapidly growing and availability to anglers
was high, but the recreational harvest limits were set at levels not
reflective of stock size. As a result, the Monitoring Committee
recommended that ACTs for the commercial and recreational sectors
should equal their respective ACLs. After removing the sector-specific
estimated discards, the black sea bass commercial quotas and
recreational harvest limits would be those shown in Table 2. The
Monitoring Committee believed the calculation for projecting discards
for 2017 is appropriate, but will reconsider discard projections and
apportionments for 2018. The Monitoring Committee did not recommend any
changes to the current commercial measures, including the 11-inch
minimum fish size, mesh size requirements and seasonal possession limit
thresholds, or pot/trap gear requirements. As previously mentioned, we
are separately proposing an action to address 2017 black sea bass
recreational management measures.
The Council and the Commission's Summer Flounder, Scup, and Black
Sea Bass Management Board met jointly on February 15, 2017, to consider
the SSC and Monitoring Committees' recommendations, receive public
comments on those recommendations, and to formalize recommendations for
catch limit specifications and commercial and recreational management
measures. The Council and Board ultimately adopted the Monitoring
Committee's recommendations for 2017 ACLs, ACTs, quotas, and harvest
limits; as well as the projected specifications for 2018. Due to the
Marine Recreational Information Program (MRIP) transition timeline that
would incorporate re-estimated historical catch estimates into stock
assessments, currently scheduled for completion in 2018, the Council
did not want to project specifications past 2018. The Council's
recommendations represent a 53-percent increase in the 2017 commercial
quota established in 2015 and a 52-percent increase in the 2017
recreational harvest limit. The Council will revisit its decision on
the projected 2018 specifications following the SSC's review next
summer. By providing projected specifications for 2018, NMFS hopes to
assist fishery participants in planning ahead. Final 2018
specifications will be published in the Federal Register before the
start of the 2018 fishing year (January 1, 2018) based on the Council's
review.
Table 2--Council-Recommended Black Sea Bass Specifications for 2017 and Projected for 2018
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Black sea bass specifications
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2017 (current) 2017 (revised) 2018 (projected)
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mil lb mt mil lb mt mil lb mt
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OFL..................................................... n/a n/a 12.05 5,467 10.29 4,669
ABC..................................................... 6.67 3,025 10.47 4,750 8.94 4,057
Commercial ACL.......................................... 3.15 1,428 5.09 2,311 4.35 1,974
Commercial ACT.......................................... * 3.15 * 1,428 5.09 2,311 4.35 1,974
Commercial Discards..................................... 0.44 198 0.97 442 0.83 377
Commercial Quota........................................ * 2.71 * 1,226 4.12 1,869 3.52 1,596
Recreational ACL........................................ 3.52 1,597 5.38 2,439 4.59 2,083
Recreational ACT........................................ 3.52 1,597 5.38 2,439 4.59 2,083
Recreational Discards................................... 0.70 317 1.09 494 0.93 422
Recreational Harvest Limit.............................. 2.82 1,280 4.29 1,945 3.66 1,661
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* At the start of the fishing year, the 2017 commercial ACT and commercial quota were further reduced to 2.3 million lb (1,043 mt) and 1.86 million lb
(845 mt), respectively, as accountability measures due to a perceived 2015 overage.
[[Page 17966]]
Consistent with the black sea bass regulations, the sum of the
recreational and commercial sector ACLs is equal to the ABC for each
fishing year. To derive the ACLs, the sum of the sector-specific
projected discards are removed from the ABCs to derive the landing
allowances. For black sea bass, 49 percent of the landing allowance for
each fishing year is allocated 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 ABCs by the allocation percentages to derive the
sector ACLs. Although the derived ACLs are not split exactly according
to the allocations specified in the FMP, 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 2.
Reconsideration of the 2017 Accountability Measure for the Commercial
Fishery
In our final rule announcing the revisions to the summer flounder
specifications for 2017 and 2018, we also announced an accountability
measure (AM) applicable to the black sea bass commercial fishery. This
AM was an automatic pound-for-pound payback, as required by the
regulations, which resulted from overages in 2015. During that fishing
year, the commercial fishery caught slightly more (3.8 percent) than
their commercial quota, which generally would have resulted in just a
pound-for-pound payback from their 2017 commercial quota. However, 2015
discard estimates were much higher than originally projected,
accounting for 44.4 percent of the total commercial catch in 2015. As a
result, the regulations require that the total overage (i.e., 849,000
lb (385 mt)) be taken from a future year's commercial ACL and the 2017
commercial quota was reduced by approximately 30 percent (i.e., from
2.71 million lb (1,230 mt) to 1.86 million lb (845 mt)).
The new 2016 benchmark assessment has provided updated information
on the condition of the stock, particularly for 2015, the year when the
overages occurred. If the current assessment had been available to set
2015 specifications, analysis indicates the 2015 ABC would have been
more than double what was implemented and the 2015 ACL would not have
been exceeded. Higher 2015 commercial discards, above those projected
for the implemented 2015 ACL, were estimated and used in the assessment
and did not impact the stock status. Even accounting for the
unexpectedly high discards, fishing mortality in 2015 was the lowest in
the time series, 25 percent below the overfishing threshold. The new
2016 stock assessment provides a much more comprehensive and robust
picture of the stock in 2015, and represents the best available science
to guide management decisions. As a result, the Council has recommended
pursuant to 50 CFR 648.142(b) that the specific AM be removed. We agree
that it is not necessary, and we intend to remove the AM from the 2017
commercial fishery.
As for the 3.8-percent overage (i.e., about 81,500 lb (37 mt)) of
the commercial fishery's quota, which generally would have resulted in
a pound-for-pound payback against the 2017 quota, preliminary 2016
catch data indicate that the fishery had approximately 209,400 lb (95
mt) of unharvested quota. Had we known of the 2015 commercial quota
overage and implemented a pound-for-pound reduction in 2016, we would
not have exceeded the 2016 quota. As is consistent with how we handle
summer flounder catch accounting, that payback could have been
accounted for in 2016 (i.e., total 2016 landings plus the 2015 overage
amount did not exceed the 2016 commercial quota). As a result, this
overage does not need to be applied to the 2017 quota.
As for AMs in the recreational fishery, with the new benchmark
stock assessment information, analysis indicates that recreational
harvest limits during the last few years would have been significantly
higher (i.e., approximately double those implemented) if they had been
set using the recent assessment model, and previous overages would
likely not have occurred to the same degree, if at all. Based on this
new information, the Monitoring Committee determined that no AMs are
necessary for 2017 in the recreational fishery.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
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.
This proposed rule is exempt from the procedures of E.O. 12866
because this action contains no implementing regulations.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The Mid-Atlantic Fishery Management Council conducted an evaluation of
the potential socioeconomic impacts of the proposed measures in
conjunction with an EA. According to the commercial ownership database,
609 affiliate firms landed black sea bass during the 2013-2015 period,
with 603 of those business affiliates categorized as small businesses
and 6 categorized as large businesses. Black sea bass represented
approximately 2.58 percent of the average receipts of the small
entities considered and 0.51 percent of the average receipts of the
large entities considered over this time period.
The ownership data for the for-hire fleet indicate that there were
411 for-hire affiliate firms generating revenues from fishing
recreationally for various species during the 2013-2015 period, all of
which are categorized as small businesses. Although it is not possible
to derive what proportion of the overall revenues came from specific
fishing activities, given the popularity of black sea bass as a
recreational species it is likely that revenues generated from black
sea bass is important for some if not all of these firms.
The proposed measure would increase both the commercial quota and
the recreational harvest limit by over 50 percent, resulting in
positive economic impacts on regulated entities. Because this rule will
not have a significant economic impact on a substantial number of small
entities, an initial regulatory flexibility analysis is not required
and none has been prepared.
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 11, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2017-07567 Filed 4-13-17; 8:45 am]
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