[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Proposed Rules]
[Pages 51594-51596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-24205]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 170828822-7822-01]
RIN 0648-XF669
Fisheries of the Northeastern United States; Scup Fishery; 2018
and Projected 2019 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 scup specifications for the 2018 fishing
year and projected specifications for 2019. Updated scientific
information regarding the scup stock indicates that higher catch limits
may be implemented to achieve optimum yield. This action is intended to
inform the public of the proposed specifications for the 2018 fishing
year and projected specifications for 2019.
DATES: Comments must be received by 5 p.m. local time, on November 22,
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, 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-
2017-0121, 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-2017-0121,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
[[Page 51595]]
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 Scup 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: Emily Gilbert, Fishery Policy Analyst,
(978) 281-9244.
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 announces 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. The summer flounder
and black sea bass specifications implemented through previous
rulemaking remain unchanged by this action.
On December 28, 2015, NMFS published a final rule implementing the
Council's recommended 2016-2018 specifications for the scup fishery (80
FR 80689). The Council intended to reconsider the specifications set
for fishing year 2018 following the review of a scup assessment update
provided in July 2017.
The assessment update indicated the scup stock is not overfished
and overfishing did not occur in 2016, the most recent year for which
information is available. The update estimated that the scup spawning
stock biomass (SSB) is 2.1 times the proxy reference point for SSB at
maximum sustainable yield (MSY), and fishing mortality (F) in 2016 was
about 63 percent of the FMSY proxy reference point. In
addition, the update estimated that the 2015 year class was about 2.1
times the average recruitment (i.e., number of age 0 scup) from 1984-
2016. The 2016 year class was 46 percent below the 1984-2016
recruitment average. Although the 2016 year class was estimated to be
below average, the 2015 year class was so large that the assessment
update provided higher revised overfishing limit (OFL) recommendations
for 2018 and 2019. Compared to the previously implemented 2018 OFL
(29.68 million lb, 13,462 mt), the 2018 recommendation is a 52-percent
increase.
Proposed Specifications
The Council's Scientific and Statistical Committee (SSC) met on
July 19-20, 2017, to discuss the assessment update results and
resulting OFL estimates, to identify an updated acceptable biological
catch (ABC) level for 2018, and to project an ABC for the 2019 fishing
year. To derive the ABC recommendations, the SSC applied the Council's
standard risk policy for a species with a typical life history, which
produces ABCs estimated to result in a 60-percent probability of not
overfishing the stock. The process resulted in ABCs of 39.14 million lb
(17,755 metric tons (mt)) for 2018 and 36.43 million lb (16,525 mt) for
2019 (Table 1). The revised 2018 ABC is approximately 45 percent higher
than the previously established 2018 ABC. Under the FMP, 22 percent of
the ABC is allocated to the recreational fishery, while 78 percent is
allocation to the commercial fishery.
Following the SSC meeting, the Monitoring Committee met on July 24,
2017, to discuss ACLs, ACTs, commercial quotas, and recreational
harvest limits for the 2018 and 2019 fishing years. In light of the
substantial increase in the ABC, the Monitoring Committee recommended a
moderate increase for the fishery and suggested setting the 2018
commercial ACT at 25.85 million lb (11,725 mt) and the recreational ACT
at 7.29 million lb (3,307 mt). These recommended ACTs were 15 percent
lower than those formulaically resulting from the SSC's ABC
recommendation, but 22.5 percent higher than what is currently in place
for 2018. The Monitoring Committee also recommended setting the 2019
ACTs at the same level as the 2018 ACTs. The Monitoring Committee
decided that there was enough management uncertainty around the
upcoming adjustments to the commercial quota periods in 2018 and the
outcome of the upcoming recreational harvest estimate revisions through
the Marine Recreational Information Program to warrant the inclusion of
a buffer between the ACLs and ACTs, which would provide for more
stability in the fishery by using constant ACTs for both years.
The Council and Commission's Scup Management Board meet jointly on
August 8, 2017, to review the SSC's and Monitoring Committee's
recommendations. They found merit in the idea of offering stability in
the fishery by allowing for a buffer between the ACLs and ACTs, but did
not accept the Monitoring Committee's specific recommendations.
Instead, the Council and Commission recommended constant sector-
specific ACTs across 2018 and 2019, based on the 2019 ABC and setting
the ACLs for 2019 equal to the ACTs (i.e., 8.01 million lb (3,636 mt)
for the recreational fishery and 23.98 million lb (10,879 mt) for the
commercial fishery).
After removing the sector-specific estimated discards from the
ACTs, the scup commercial quotas and recreational harvest limits would
be those shown in Table 1. These values are approximately 40 percent
higher than the current 2018 commercial quota and recreational harvest
limit. The Monitoring Committee did not recommend any changes to the
current commercial measures, including the 9-inch (22.9-cm) minimum
fish size, the mesh size requirements and seasonal possession limit
thresholds, and the pot/trap gear requirements.
The Council will revisit its decision on the projected 2019
specifications following the SSC's review next summer. By providing
projected specifications for 2019, NMFS hopes to assist fishery
participants in planning
[[Page 51596]]
ahead. Final 2019 specifications will be published in the Federal
Register before the start of the 2019 fishing year (January 1, 2019)
based on the Council's review.
Table 1--Council-Recommended Scup Specifications for 2018 and Projected for 2019
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Scup specifications
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2018 (current) 2018 (revised) 2019 (projected)
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million lb mt million lb mt million lb mt
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OFL..................................................... 29.68 13,462 45.05 20,433 41.03 18,612
ABC..................................................... 27.05 12,270 39.14 17,755 36.43 16,525
Commercial ACL.......................................... 21.10 9,571 30.53 13,849 28.42 12,890
Commercial ACT.......................................... 21.10 9,571 28.42 12,890 28.42 12,890
Commercial Discards..................................... 3.76 1,705 4.43 2,011 4.43 2,011
Commercial Quota........................................ 17.34 7,866 23.98 10,879 23.98 10,879
Recreational ACL........................................ 5.95 2,699 8.61 3,906 8.01 3,636
Recreational ACT........................................ 5.95 2,699 8.01 3,636 8.01 3,636
Recreational Discards................................... 0.75 338 0.65 293 0.65 293
Recreational Harvest Limit.............................. 5.21 2,361 7.37 3,342 7.37 3,342
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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 action is exempt from review under E.O. 12866.
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,
517 affiliate firms landed scup during the 2014-2016 period, with 513
of those business affiliates categorized as small businesses and 4
categorized as large businesses. Scup represented approximately 3.94
percent of the average receipts of the small entities considered and
0.11 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
359 for-hire affiliate firms generating revenues from fishing
recreationally for various species during the 2014-2016 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 scup as a recreational
species it is likely that revenues generated from scup are important
for some, if not all, of these firms.
The proposed measure would increase both the 2018 commercial quota
and the 2018 recreational harvest limit by around 40 percent. However,
the scup fishery is a market-limited fishery (i.e., market conditions
are typically the limiting factor, not allowable landings) and it is
expected that, unless market conditions change drastically, commercial
and recreational landings will likely be similar to current landings.
As a result, this action is not expected to adversely impact revenues
for vessels that fish for scup commercially. The increase in the
recreational harvest limit does not directly impact the party/charter
fishery. Future regulatory action may be needed to adjust current scup
recreational management measures (i.e., bag limits, seasons, and
minimum sizes), and consideration of the impact of those potential
future measures on small entities engaged in the for-hire fishery will
be evaluated at that time, should such a regulatory action become
necessary. 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: November 2, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017-24205 Filed 11-6-17; 8:45 am]
BILLING CODE 3510-22-P