Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2013NMFS proposes management measures for the 2013 summer flounder, scup, and black sea bass recreational fisheries. This rule also proposes to implement 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 and to provide an opportunity for public comment. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources. For species specific measures please scroll down.
Comments must be received by 5 p.m. local time, on May 14, 2013.
Proposed 2013 Recreational Management Measures
NMFS is proposing 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 the 2013 recreational summer
flounder, scup, and black sea bass fisheries. 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, a 20-fish per person possession limit for open
seasons of May 19 through October 14 and November 1 through December
31. NMFS may implement more restrictive black sea bass measures, as
recommended by the Council (i.e., a 12.5-inch (31.8-cm) minimum fish
size, a 10-fish per person possession limit and an open season of June
1-September 5), for Federal waters if the Commission is unable to
develop and implement state-waters measures that, when paired with the
Council's recommended measures, provide the necessary conservation to
ensure the 2013 recreational harvest limit will not be exceeded. More
detail on these proposed measures is provided in the following
sections.
Summer Flounder Recreational Management Measures
NMFS proposes to implement the use of conservation equivalency to
manage the 2013 summer flounder recreational fishery. The 2013
recreational harvest limit for summer flounder is 7.63 million lb
(3,459 mt), as published in the final rule implementing the 2013
specifications (December 31, 2012; 77 FR 76942). Projected landings for
2012 are approximately 6.92 million lb (3,139 mt), well below the 2013
recreational harvest limit, therefore, no reduction in landings is
needed. As a result, the Council and Commission have recommended 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
(possession limits, minimum fish size, and fishing seasons) to achieve
its state harvest limit partitioned by the Commission from the
coastwide recreational harvest limit, as long as the combined effect of
all of the states' management measures achieves the same level of
conservation as would Federal coastwide measures.
The Council and Board annually recommend that either state- or
region-specific recreational measures be developed (conservation
equivalency) or coastwide management measures be implemented to ensure
that the recreational harvest limit will not be exceeded. Even when the
Council and Board recommend conservation equivalency, the Council must
specify a set of coastwide measures that would apply if conservation
equivalency is not approved for use in Federal waters.
When conservation equivalency is recommended, and following
confirmation that the proposed state measures developed through the
Commission's technical and policy review processes achieve conservation
equivalency, NMFS may waive the permit condition found at Sec.
648.4(b), which requires Federal permit holders to comply with the more
restrictive management measures when state and Federal measures differ.
In such a situation, federally permitted summer flounder charter/party
permit holders and individuals fishing for summer flounder in the EEZ
would then be subject to the recreational fishing measures implemented
by the state in which they land summer flounder, rather than the
coastwide measures.
In addition, the Council and the Board must recommend precautionary
default measures when recommending conservation equivalency. The
Commission would require adoption of the precautionary default measures
by any state that either does not submit a summer flounder management
proposal to the Commission's Summer Flounder Technical Committee, or
that submits measures that would exceed the Commission-specified
harvest limit for that state.
Much of the conservation equivalency measures development process
happens at both the Commission and individual state level. The
selection of appropriate data and analytic techniques for technical
review of potential state conservation equivalent measures and the
process by which the Commission evaluates and recommends proposed
conservation equivalent measures is wholly a function of the Commission
and its individual member states. Individuals seeking information
regarding the process to develop specific state measure or the
Commission process for technical evaluation of proposed measures should
contact the marine fisheries agency in the state of interest, the
Commission, or both.
This year, the Commission has proposed an addendum to its Summer
Flounder FMP to implement 2013 recreational fishing rules for summer
flounder similar to those from 2012, partly to minimize the reductions
facing two states (New York and New Jersey) and partly to allow for a
different distribution of fishing opportunities in the 2013 season. The
proposed approach is intended to allow states to capitalize on harvest
opportunities that would be foregone by states that choose not to fully
utilize their 2013 harvest target. Specifically, the addendum proposes
a mechanism to allow states access to the summer flounder recreational
harvest limit that is projected to not be harvested in 2013. The
addendum responds to an unintended consequence of using conservation
equivalency to stay within the annually established coastwide
recreational harvest limit for summer flounder, and to respond to the
changes in the fishery since the 1998 state landings targets were
established. More information on this proposed addendum is available
from the Commission (www.asmfc.org).
Once states select their final 2013 summer flounder management
measures through their respective development, analytical, and review
processes and submit them to the Commission, the Commission will
conduct further review and evaluation of the state-submitted proposals,
ultimately notifying NMFS as to which individual state proposals have
been approved or disapproved. NMFS has no overarching authority in
the development of state or Commission management measures, but is an
equal participant along with all the member states in the review
process. NMFS retains the final authority either to approve or to
disapprove the use of conservation equivalency in place of the
coastwide measures in Federal waters, and will publish its
determination as a final rule in the Federal Register to establish the
2013 recreational measures for these fisheries.
States that do not submit conservation equivalency proposals, or
whose proposals are disapproved by the Commission, will be required by
the Commission to adopt the precautionary default measures. In the case
of states that are initially assigned precautionary default measures,
but subsequently receive Commission approval of revised state measures,
NMFS will publish a notice in the Federal Register announcing a waiver
of the permit condition at Sec. 648.4(b).
The 2013 precautionary default measures recommended by the Council
and Board are for a 20.0-inch (50.8-cm) minimum fish size, a possession
limit of two fish, and an open season of May 1 through September 30,
2013.
In this action, NMFS proposes to implement conservation equivalency
with a precautionary default backstop, as previously outlined, for
states that either fail to submit conservation equivalent measures or
whose measures are not approved by the Commission. NMFS proposes the
alternative of coastwide measures, as previously described, for use if
conservation equivalency is not approved in the final rule. The
coastwide measures would be waived if conservation equivalency is
approved in the final rule.
Scup Recreational Management Measures
NMFS is proposing to implement 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 Council and Commission's
recommended measures for the 2013 scup recreational fishery are for a
10-in (25.4-cm) minimum fish size, a 30-fish per person possession
limit, and an open season of January 1 through December 31. These
measures are intended to promote an increase in recreational scup
fishing in order to achieve the recreational harvest limit.
Black Sea Bass Recreational Management Measures
NMFS is proposing to implement the Council's recommended
recreational management measures to reduce landings for black sea bass.
The proposed 2013 black sea bass recreational harvest limit is 2.26
million lb (1,025 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 proposed recreational harvest limit for 2013. The Council and the
Commission, therefore, will need 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.
In light of the Commission's effort to make changes to the state-
water measures, the Council recommended a 12.5-inch (31.8-cm) minimum
fish size and 20-fish possession limit for an open season of May 19-
October 14 and November 1-December 31, and NMFS proposes to implement
these recommended measures. However, if the Commission is unable to
implement measures that would constrain landings in state waters
sufficiently, NMFS may implement the Council's recommended measures
designed to achieve the full necessary reduction in landings in Federal
waters: A 12.5-inch (31.8-cm) minimum fish size; a 10-fish possession
limit; and an open season of June 1-September 5. In comparison, the
2012 recreational harvest measures for black sea bass were a 12.5-inch
(31.8-cm) minimum size, a 15-fish possession limit for an open season
of January 1-February 29, and a 12.5-inch (31.8-cm) minimum fish size
and 25-fish possession limit for open seasons of May 19-October 14 and
November 1-December 31.
The decision to implement the Council's recommended measures for
Federal waters will be contingent on the as of yet to be completed
analyses and recommendation from the Commission, and any such decision
would be reflected in the final rule published in the Federal Register.
ADDRESSES: You may submit comments on this document, identified NOAA-
NMFS-2013-0060, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0060, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Fax: (978) 281-9135, Attn: Comments on 2013 Proposed
Summer Flounder, Scup, and Black Sea Bass Recreational Measures, NOAA-
NMFS-2013-0060.
Mail and Hand Delivery: John K. Bullard, Regional
Administrator, NMFS, Northeast Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope:
``Comments on 2013 FSB Recreational Measures.''
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 a 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). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Copies of the Supplemental Environmental Assessment and Initial
Regulatory Flexibility Analysis (SEA/IRFA) and other supporting
documents for the recreational harvest measures are available from Dr.
Christopher M. Moore, Executive Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N. State Street, Dover, DE 19901.
The recreational harvest measures document is also accessible via the
Internet at: http://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, (978) 281-9218.
General Background
The summer flounder, scup, and black sea bass fisheries are managed
cooperatively under the provisions of the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States
Marine Fisheries Commission (Commission), in consultation with the New
England and South Atlantic Fishery Management Councils. 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 (NC) 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 E. 13.3' N. lat. (the
latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the U.S./Canada border.
The Council prepared the FMP under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
16 U.S.C. 1801 et seq. Regulations implementing the FMP appear at 50
CFR part 648, subparts A (general provisions), G (summer flounder), H
(scup), and I (black sea bass). General regulations governing fisheries
of the Northeastern U.S. also appear at 50 CFR part 648. States manage
these three species within 3 nautical miles (4.83 km) of their coasts,
under the Commission's plan for summer flounder, scup, and black sea
bass. The applicable species-specific Federal regulations govern
vessels and individual fishermen fishing in Federal waters of the
exclusive economic zone (EEZ), as well as vessels possessing a summer
flounder, scup, or black sea bass Federal charter/party vessel permit,
regardless of where they fish.
Recreational Management Measures Background
The Council process for devising recreational management measures
to recommend to NMFS for rulemaking is generically described in the
following section. All meetings are open to the public and the
materials utilized during such meetings, as well as any documents
created to summarize the meeting results, are public information and
typically posted on the Council's Web site (www.mafmc.org) or are
available from the Council by request. Extensive background on the 2013
recreational management measures recommendation process is therefore
not repeated in this preamble.
The FMP established monitoring committees for the three fisheries,
consisting of representatives from the Commission, the Council, state
marine fishery agency representatives from MA to NC, and NMFS. The
FMP's implementing regulations require the monitoring committees to
review scientific and other relevant information annually and to
recommend management measures necessary to constrain landings within
the recreational harvest limits established for the summer flounder,
scup, and black sea bass fisheries for the upcoming fishing year. The
FMP limits the choices for the types of measures to minimum fish size,
possession limit, and fishing season.
The Council's Demersal Species Committee and the Commission's
Summer Flounder, Scup, and Black Sea Bass Management Board (Board) then
consider the monitoring committees' recommendations and any public
comment in making their recommendations to the Council and the
Commission, respectively. The Council reviews the recommendations of
the Demersal Species Committee, makes its own recommendations, and
forwards them to NMFS for review. The Commission similarly adopts
recommendations for the states. NMFS is required to review the
Council's recommendations to ensure that they are consistent with the
targets specified for each species in the FMP and all applicable laws
and Executive Orders before ultimately implementing measures for
Federal waters.