Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2005 and 2006 Summer Flounder Specifications; 2005 Scup and Black Sea Bass Specifications, 303-311 [04-28752]

Download as PDF Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations over, after considering: current market conditions, the need to avoid discards in setting the gear when only small amounts of allocation remain, and the possibilities for transfers between vessels to consolidate residual allocations. While this approach has worked reasonably well in past years, anomalous fishery conditions since 2002 have resulted in the carryover of unprecedented amounts of unharvested Purse seine quota. Given this atypical situation, NMFS has reconsidered how the inseason transfer provisions should be applied to the Purse seine category in 2004. The 2004 fishing year proposed initial BFT quota specifications were prepared in accordance with: the 2002 ICCAT quota recommendation, the ICCAT recommendation regarding the dead discard allowance, the HMS FMP percentage shares for each of the domestic categories including restrictions on landings of school BFT, and the addition or subtraction of any underharvest or overharvest from the previous fishing year (69 FR 71771, December 10, 2004). NMFS proposed initial quota specifications for the 2004 fishing year as follows: General category – 659.0 mt; Harpoon category – 81.4 mt; Purse Seine category – 389.4 mt; Angling category – 65.5 mt; Longline category – 171.2 mt; Trap category – 2.3 mt; and the Reserve category – 36.6 mt. Subsequently, NMFS transferred 300 mt from the General category, 45 mt from the Longline category, and 40 mt from the Harpoon category (69 FR 71732, December 10, 2004). These transfers resulted in additions of 223.1 mt to the Angling category and 161.9 mt to the Reserve. NMFS has determined that a transfer of 100 mt from the Purse Seine category to the Reserve is warranted, based on the 2004 proposed BFT specifications, the subsequent transfers, an assessment of the commercial and recreational landings data to date, carryover of unharvested amounts from prior years, and considering the factors governing quota transfers between categories. The Reserve category was established, in part, for the purpose of compensating overharvest in any category and to ensure overall U.S. landings do not exceed ICCAT recommended quotas. Given the suspension of Purse seine fishing activity for the remainder of the 2004 fishing year and continued fishing activity in several other categories through May 31, 2005, it is likely that allowing for full utilization of the U.S. quota may require additional transfers from the Reserve. The effects on rebuilding and overfishing as a result of this transfer are VerDate jul<14>2003 15:29 Jan 03, 2005 Jkt 205001 predicted to be neutral. The prime effect is to transfer quota among categories and no additional harvest above the level authorized in the BFT rebuilding plan is anticipated. The transfer is consistent with the objectives of the HMS FMP as it would provide for fair and reasonable fishing opportunities and allow for maximum utilization of the 2004 U.S. BFT allocation while preventing an overharvest of that allocation. Monitoring and Reporting NMFS selected the duration of the reopening and the daily retention limit based on a review of available quota, dealer reports, daily landing trends, the availability of BFT on the fishing grounds, and previous fishing years effort and landings rates for the month of January. NMFS will continue to monitor the General category BFT fishery closely via the commercial BFT landing reports submitted by authorized BFT dealers. Once the General category BFT fishery has closed, NMFS will assess reported landings and available quota and determine if a subsequent reopening is warranted. Classification The Assistant Administrator for Fisheries, NOAA (AA), finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action. The General category BFT fishery closed on December 20, 2004, after a 13 day reopening. Catch rates were slower that anticipated, due primarily to inclement weather and the full 107 mt of quota that was available was not attained. Since the closure, NMFS has compiled all commercial BFT landing reports submitted by permitted dealers and determined that approximately 37 mt is still available for a limited General category BFT fishery in the month of January. Recent information shows BFT in the commercial size classes are now available off southern Atlantic states in nearshore areas and accessible to commercial anglers as well as Charter/ Headboat operations. Under ATCA and the HMS FMP, NMFS is required to provide fishing opportunities to catch the available quota. Delaying this action would be contrary to the public interest as BFT are now available in nearshore waters and will soon migrate out of range of the commercial and charter/headboat fleets. As the General category is currently closed, fishery participants are not currently able to access these BFT while they are available. It is in the public interest to act quickly to open the PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 303 fisheries while the BFT are accessible so that the short window of fishing opportunity is not lost. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons and because this action relieves a restriction (e.g., reopens fisheries), there is good cause under 5 U.S.C. 553(d) to waive the delay in effectiveness of this action. These actions are being taken under 50 CFR 635.23(a)(4) and 50 CFR 635.27(a)(8) and are exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: December 28, 2004. Bruce C. Morehead Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 04–28748 Filed 12–29–04; 2:49 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 041110317–4364–02; I.D. 110404B] RIN 0648–AR51 50 CFR Part 648 Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2005 and 2006 Summer Flounder Specifications; 2005 Scup and Black Sea Bass Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; final specifications for the 2005 and 2006 summer flounder fisheries and for the 2005 scup and black sea bass fisheries, and preliminary 2005 quota adjustment; notification of 2005 commercial summer flounder quota harvest for Delaware. AGENCY: SUMMARY: NMFS issues final specifications for the 2005 and 2006 summer flounder fisheries and for the 2005 scup and black sea bass fisheries, and makes preliminary adjustments to the 2005 commercial quotas for these fisheries. This final rule specifies allowed harvest limits for both commercial and recreational fisheries, including scup possession limits. This action prohibits federally permitted commercial vessels from landing summer flounder in Delaware in 2005. Regulations governing the summer E:\FR\FM\04JAR1.SGM 04JAR1 304 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations flounder fishery require publication of this notification to advise the State of Delaware, Federal vessel permit holders, and Federal dealer permit holders that no commercial quota is available for landing summer flounder in Delaware in 2005. This action also makes changes to the regulations regarding the commercial scup fishery. The intent of this action is to establish allowed 2005 harvest levels and other measures to attain the target fishing mortality (F) or exploitation rates, as specified for these species in the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP), and to reduce bycatch and improve the efficiency of the commercial scup fishery. DATES: This rule is effective December 30, 2004. ADDRESSES: Copies of the specifications document, including the Environmental Assessment (EA), Regulatory Impact Review (RIR), the Initial Regulatory Flexibility Analysis (IRFA), and other supporting documents for the specification are available from Daniel Furlong, Executive Director, MidAtlantic Fishery Management Council, Room 2115, Federal Building, 300 South Street, Dover, DE 19901–6790. The specifications document is also accessible via the Internet at https:// www.nero.noaa.gov. The Final Regulatory Flexibility Analysis (FRFA) consists of the IRFA, public comments and responses contained in this final rule, and the summary of impacts and alternatives contained in this final rule. Copies of the small entity compliance guide are available from Patricia A. Kurkul, Regional Administrator, Northeast Region, National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 01930–2298. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy Analyst, (978) 281–9279, fax (978) 281– 9135. SUPPLEMENTARY INFORMATION: Background The summer flounder, scup, and black sea bass fisheries are managed cooperatively by the Atlantic States Marine Fisheries Commission (Commission) and the Mid-Atlantic Fishery Management Council (Council), in consultation with the New England and South Atlantic Fishery Management Councils. The management units VerDate jul<14>2003 15:29 Jan 03, 2005 Jkt 205001 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°13.3′ N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the U.S./Canada border. Implementing regulations for these fisheries are found at 50 CFR part 648, subparts A, G (summer flounder), H (scup), and I (black sea bass). The regulations outline the process for specifying annually the catch limits for the summer flounder, scup, and black sea bass commercial and recreational fisheries, as well as other management measures (e.g., mesh requirements, minimum fish sizes, gear restrictions, possession restrictions, and area restrictions) for these fisheries. The measures are intended to achieve the annual targets set forth for each species in the FMP, specified either as an F or an exploitation rate (the proportion of fish available at the beginning of the year that are removed by fishing during the year). Once the catch limits are established, they are divided into quotas based on formulas contained in the FMP. Detailed background information regarding the status of the summer flounder, scup, and black sea bass stocks and the development of the 2005 specifications for these fisheries (and 2006 summer flounder specifications) was provided in the proposed specifications (69 FR 70414, December 6, 2004). That information is not repeated here. NMFS will establish the 2005 recreational management measures for summer flounder, scup, and black sea bass by publishing a proposed and final rule in the Federal Register at a later date, following receipt of the Council’s recommendations as specified in the FMP. Summer Flounder The FMP specifies a target F of Fmax, that is, the level of fishing that produces maximum yield per recruit. The best available scientific information indicates that, for 2005 and 2006, Fmax for summer flounder is 0.26 (equal to an exploitation rate of about 22 percent from fishing). The Total Allowable PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Landings (TAL) associated with the target F rate is allocated 60 percent to the commercial sector and 40 percent to the recreational sector. The commercial quota is allocated to the coastal states based upon percentage shares specified in the FMP. The recreational harvest limit is specified on a coastwide basis. Recreational measures will be the subject of a separate rulemaking early in 2005. This final rule implements the specifications contained in the proposed rule, a summer flounder TAL of 30.3 million lb (13,744 mt) for 2005 and 33.0 million lb (14,969 mt) for 2006. The TAL for 2005 is allocated 18.18 million lb (8,246 mt) to the commercial sector and 12.12 million lb (5,498 mt) to the recreational sector, and the TAL for 2006 is allocated 19.8 million lb (8,981 mt) to the commercial sector and 13.2 million lb (5,987 mt) to the recreational sector. This TAL was determined by the Council’s Summer Flounder Monitoring Committee to have at least a 75-percent probability of achieving the Fmax (0.26) that is specified in the FMP, if the 2004 TAL and assumed discard levels are not exceeded. Two research projects that would utilize the full summer flounder research set-aside (RSA) of 353,917 lb (161 mt) have been conditionally approved by NMFS and are currently awaiting notice of award. After deducting this RSA, the TAL is divided into a commercial quota of 17.97 million lb (8,151 mt) and a recreational harvest limit of 11.98 million lb (5,434 mt). If either project is not approved by the NOAA Grants Office, the research quota associated with the disapproved proposal will be restored to the summer flounder TAL through publication of a notice in the Federal Register by NMFS. Consistent with the revised quota setting procedures for the FMP (67 FR 6877, February 14, 2002), summer flounder overages are determined based upon landings for the period January– October 2004, plus any previously unaccounted for landings from January– December 2003. Table 1 summarizes, for each state, the commercial summer flounder percent share, the 2005 commercial quota (both initial and less the RSA), the 2004 quota overages as described above, and the resulting final adjusted 2005 commercial quota less the RSA. E:\FR\FM\04JAR1.SGM 04JAR1 305 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations TABLE 1.—FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2005 2005 initial quota Percent share State 2005 initial quota less RSA lb kg lb Adjusted 2005 quota, less RSA 2 2004 quota overages (through 10/31/04) 1 kg lb kg lb kg ME .......................... NH .......................... MA .......................... RI ............................ CT .......................... NY .......................... NJ ........................... DE .......................... MD .......................... VA .......................... NC .......................... 0.04756 0.00046 6.82046 15.68298 2.25708 7.64699 16.72499 0.01779 2.03910 21.31676 27.44584 8,646 84 1,239,960 2,851,166 410,337 1,390,223 3,040,603 3,234 370,708 3,875,387 4,989,654 3,922 38 562,442 1,293,280 186,128 630,601 1,379,209 1,467 168,152 1,757,864 2,263,292 8,547 83 1,225,637 2,818,232 405,597 1,374,164 3,005,481 3,197 366,426 3,830,622 4,932,017 3,877 37 555,945 1,278,341 183,978 623,317 1,363,277 1,450 166,210 1,737,559 2,237,148 0 0 48,083 0 0 0 0 54,536 19,028 0 0 0 0 21,810 0 0 0 0 24,737 8,631 0 0 8,547 83 1,177,554 2,818,232 405,597 1,374,164 3,005,481 (51,339) 347,398 3,830,622 4,932,017 3,877 37 534,130 1,278,341 183,978 623,317 1,363,277 (23,287) 157,577 1,737,559 2,237,148 Total 3 .............. 100.00 18,180,002 8,246,395 17,970,002 8,151,139 121,647 55,178 17,899,695 8,119,165 1 2004 Quota overage is determined through comparison of landings for January through October 2004, plus any landings in 2003 in excess of the 2003 quota (that were not previously addressed in the 2004 specifications), with the final 2004 quota (as revised) for each state (69 FR 10937, March 9, 2004). For Delaware, includes continued repayment of overharvest from 2003. 2 Parentheses indicate a negative number. 3 Total quota is the sum of all states having allocation. A state with a negative number has an allocation of zero (0). Kilograms are as converted from pounds and may not necessarily add due to rounding. The Commission has established a system whereby 15 percent of each state’s quota may be voluntarily set aside each year to enable vessels to land an incidental catch allowance after the directed fishery in a state has been closed. The intent of the incidental catch set-aside is to reduce discards by allowing fishermen to land summer flounder caught incidentally in other fisheries during the year, while ensuring that the state’s overall quota is not exceeded. These Commission set-asides are not included in these 2005 and 2006 final summer flounder specifications because NMFS does not have authority to establish such subcategories. Delaware Summer Flounder Closure Table 1 above indicates that, for Delaware, the amount of the 2004 summer flounder quota overage (inclusive of overharvest from 2003) is greater than the amount of commercial quota allocated to Delaware for 2005. As a result, there is no quota available for 2005 in Delaware. The regulations at § 648.4(b) provide that Federal permit holders, as a condition of their permit, must not land summer flounder in any state that the Regional Administrator has determined no longer has commercial quota available for harvest. Therefore, effective December 30, 2004, landings of summer flounder in Delaware by vessels holding commercial Federal fisheries permits are prohibited for the 2005 calendar year, unless additional quota becomes available through a quota transfer and is announced in the Federal Register. Federally permitted dealers are advised that they may not purchase summer flounder from federally permitted vessels that land in Delaware for the 2005 calendar year, unless additional quota becomes available through a transfer, as mentioned above. For 2006, because information pertaining to the potential amount of RSA is unknown, RSA is conservatively estimated as 3 percent of the TAL (the maximum allowed under the FMP), i.e., 990,000 lb (449 mt). After deducting the RSA, the TAL for 2006 will be divided into a commercial quota of 19.21 million lb (8,714 mt) and a recreational harvest limit of 12.80 million lb (5,806 mt). Table 2 shows, for each state, the commercial summer flounder percent share, the 2006 commercial quota (both initial and less the RSA, which is estimated at this point and which will be revised in the proposed specifications for 2006). These state quota allocations are preliminary and are subject to a reduction if there are any overages of a state’s quota for the previous fishing year (using the landings information and procedures described earlier). Any commercial quota adjustments to account for 2005 overages will be published in the Federal Register in the final rule implementing the 2006 specifications. TABLE 2.—2006 PROPOSED INITIAL SUMMER FLOUNDER STATE COMMERCIAL QUOTAS Initial quota 1 State Initial quota less RSA 1 Percent share lb ME .................................................................... NH .................................................................... MA .................................................................... RI ...................................................................... CT .................................................................... NY .................................................................... NJ ..................................................................... DE .................................................................... MD .................................................................... VA .................................................................... NC .................................................................... VerDate jul<14>2003 15:29 Jan 03, 2005 Jkt 205001 PO 00000 0.04756 0.00046 6.82046 15.68298 2.25708 7.64699 16.72499 0.01779 2.03910 21.31676 27.44584 Frm 00057 Fmt 4700 kg 2 lb kg 2 9,417 91 1,350,451 3,105,230 446,902 1,514,104 3,311,548 3,522 403,742 4,220,718 5,434,276 4,271 41 612,561 1,408,523 202,713 686,793 1,502,108 1,598 183,136 1,914,505 2,464,972 9,136 88 1,310,210 3,012,700 433,585 1,468,987 3,212,871 3,417 391,711 4,094,950 5,272,346 4,144 40 594,308 1,366,552 196,673 666,328 1,457,349 1,550 177,679 1,857,457 2,391,520 Sfmt 4700 E:\FR\FM\04JAR1.SGM 04JAR1 306 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations TABLE 2.—2006 PROPOSED INITIAL SUMMER FLOUNDER STATE COMMERCIAL QUOTAS—Continued Initial quota 1 State Initial quota less RSA 1 Percent share kg 2 lb Total .......................................................... 100.00 19,800,002 kg 2 lb 8,981,222 19,210,002 8,713,600 1 State quotas are preliminary and will be adjusted as necessary in the 2006 final quota based on any overage of a state’s quota for the previous fishing year. 2 Kilograms are as converted from pounds and do not add to the converted total due to rounding. Scup subject of a separate rulemaking early in 2005. This final rule implements the specifications contained in the proposed rule, i.e., an 18.65-million lb (8,460-mt) scup TAC and a 16.5-million lb (7,484mt) scup TAL. After deducting 303,675 lb (138 mt) of RSA for the three approved research projects, the TAL is divided into a commercial quota of 12.23 million lb (5,547 mt) and a recreational harvest limit of 3.96 million lb (1,796 mt). If any of these projects are not approved by the NOAA Grants Office, the research quota associated with the disapproved proposal(s) will be restored to the scup TAL through publication of a notice in the Federal Register by NMFS. Consistent with the revised quota setting procedures established for the FMP (67 FR 6877, February 14, 2002), The target exploitation rate for scup for 2005 is 21 percent. The FMP specifies that the Total Allowable Catch (TAC) associated with a given exploitation rate be allocated 78 percent to the commercial sector and 22 percent to the recreational sector. Scup discard estimates are deducted from both sectors’ TACs to establish TALs for each sector (TAC less discards = TAL). The commercial TAL is then allocated on a percentage basis to three quota periods, as specified in the FMP: Winter I (January–April)—45.11 percent; Summer (May–October)—38.95 percent; and Winter II (November–December)— 15.94 percent. The recreational harvest limit is allocated on a coastwide basis. Recreational measures will be the scup overages are determined based upon landings for the Winter I and Summer 2004 periods, plus any previously unaccounted for landings from January–December 2003. Table 3 presents the final 2004 commercial scup quota for each period and the reported 2004 landings for the 2004 Winter I and Summer periods; there was no overage of the Winter I or Summer quota. On October 12, 2004 (69 FR 60565), NMFS announced a transfer of quota from Winter I to Winter II 2004. Per the quota counting procedures, after June 30, 2005, NMFS will compile all available landings data for Winter II 2004 and compare the landings to the Winter II 2004 allocation, as adjusted. Any overages will be determined and required deductions will be made to the Winter II 2005 allocation. TABLE 3.—SCUP PRELIMINARY 2004 COMMERCIAL LANDINGS BY QUOTA PERIOD 2004 Quota Reported 2004 landings through 10/31/04 Quota period lb kg lb Preliminary overages as of 10/31/04 kg lb kg Winter I ..................................................... Summer .................................................... Winter II .................................................... 5,568,920 4,808,455 1,967,825 2,526,020 2,181,078 892,590 3,592,469 3,845,362 N/A 1,629,517 1,744,227 N/A 0 0 N/A 0 0 N/A Total .................................................. 12,345,200 5,599,689 7,437,831 3,373,744 ........................ ........................ N/A = Not applicable. Table 4 presents the commercial scup percent share, 2005 TAC, projected discards, 2005 initial quota (with and without the RSA deduction), and initial possession limits, by quota period. To achieve the commercial quotas, this final rule implements a Winter I period (January–April) per-trip possession limit of 30,000 lb (6.8 mt), and a Winter II period (November–December) initial per-trip possession limit of 1,500 lb (680 kg). The Winter I per-trip possession limit will be reduced to 1,000 lb (454 kg) when 80 percent of the commercial quota allocated to that period is projected to be harvested. TABLE 4.—INITIAL COMMERCIAL SCUP/QUOTA ALLOCATIONS FOR 2005 BY QUOTA PERIOD Total allowable catch Period Winter I ... Summer .. Winter II .. Total 1 Kilograms VerDate jul<14>2003 Percent share kg 1 lb Discards lb 2005 initial quota kg lb 2005 initial quota less RSA kg Possession limits (per trip) 2 lb kg lb kg 45.11 38.95 15.94 6,563,505 5,667,225 2,319,270 2,977,186 2,570,636 1,052,014 938,288 810,160 331,552 425,605 367,486 150,391 5,625,217 4,857,065 1,987,718 2,551,582 2,203,150 901,623 5,518,367 4,764,806 1,949,962 2,503,089 2,161,280 884,487 15,000 3 N/A 1,500 6,804 3 N/A 680 100.00 14,550,000 6,599,837 2,080,000 943,482 12,470,000 5,656,355 12,233,135 5,548,856 ............ ............ are as converted from pounds and may not necessarily add due to rounding. 15:29 Jan 03, 2005 Jkt 205001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\04JAR1.SGM 04JAR1 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations 307 2 The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period’s allocation. 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. 3 Not applicable. As described in the proposed rule, the Council recommended no change in the Winter II possession limits that result from potential rollover of quota from the Winter I period for the 2005 fishing year. Therefore, NMFS maintains the Winter II possession limit-to-rollover amount ratios specified for 2004, as presented in Table 5. TABLE 5.—POTENTIAL INCREASE IN WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF SCUP ROLLED OVER FROM WINTER I TO WINTER II PERIOD Initial winter II possession limit lb Rollover from winter I to winter II kg 1,500 ........................ 1,500 ........................ 1,500 ........................ 1,500 ........................ 1,500, ....................... lb 680 680 680 680 680 mt 0–499,999 500,000–999,999 1,000,000–1,499,999 1,500,000–1,999,999 2,000,000–2,500,000 Other Scup Management Measures This final rule makes two changes to the regulations regarding the directed otter trawl fishery for scup. The purpose of these modifications is to reduce potential scup discards. First, NMFS increases the minimum mesh size to 5 inches (12.7 cm) for the first 75 meshes from the terminus of the net; and for codends constructed with fewer than 75 meshes, requires a minimum mesh size of 5 inches (12.7 cm) throughout the net. Second, this final rule increases the threshold level to trigger the minimum mesh size requirement from 100 lb (45 kg) to 200 lb (90 kg) for the Scup Summer period (May 1 through October 31). The change to the minimum mesh size regulations also apply in the Scup Gear Restricted Areas (GRA’s). Scup GRA’s This final rule shifts the entire Southern GRA by 3 longitudinal minutes to the west. The recommendation to move the Southern GRA follows an industry request and Increase in initial winter II possession limit lb 0–227 227–454 454–680 680–907 907–1,134 kg 0 500 1,000 1,500 2,000 subsequent analysis by the Northeast Fisheries Science Center (NEFSC), which indicates that the shift would expose an additional 3 percent of the scup stock to small-mesh gear during the effective period, while allowing access to an additional 8 percent of the Loligo squid stock. NMFS also terminates the existing GRA Exemption Program, in which no vessels have participated to date. The intent of these actions is to allow greater opportunity for trawl vessels to harvest Loligo squid while maintaining the protective aspects of the Southern GRA for scup. Black Sea Bass For 2005, the target exploitation rate for black sea bass is 25 percent. The FMP specifies that the TAL associated with a given exploitation rate be allocated 49 percent to the commercial sector and 51 percent to the recreational sector. The recreational harvest limit is allocated on a coastwide basis. Recreational measures will be the subject of a separate rulemaking early in 2005. Final winter II possession limit after rollover from winter I to winter II lb 0 227 454 680 907 1,500 2,000 2,500 3,000 3,500 kg 680 907 1,134 1,361 1,587 This final rule implements the specifications contained in the proposed rule, i.e., an 8.2-million lb (3,719-mt) black sea bass TAL. After deducting 109,500 lb (50 mt) of RSA for the three approved research projects, the TAL is divided into a commercial quota of 3.97 million lb (1,796 mt) and a recreational harvest limit of 4.13 million lb (1,873 mt). If any of these projects are not approved by the NOAA Grants Office, the research quota associated with the disapproved proposal(s) will be restored to the black sea bass TAL through publication of a notice in the Federal Register by NMFS. Consistent with the revised quota setting procedures for the FMP, black sea bass overages are determined based upon landings for the period January– September 2004, plus any previously unaccounted for landings from January– December 2003. No adjustment to the 2005 commercial quota is necessary. Table 6 presents the initial 2005 commercial quota and the final 2005 commercial quota (less the RSA). TABLE 6.—FINAL BLACK SEA BASS COMMERCIAL QUOTA ALLOCATIONS FOR 2005 2005 initial quota (lb) 2005 quota less research Set-aside (lb) Quota overages (through 09/30/ 04) (lb) Final (adjusted) 2005 quota (lb) 4,020,000 3,966,345 0 3,966,345 Other Changes to the Regulations In addition to the changes recommended by the Council and the Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board (Board), this final rule removes references to a specific date by which the Summer Flounder, Scup, and Black VerDate jul<14>2003 15:29 Jan 03, 2005 Jkt 205001 Sea Bass Monitoring Committees shall meet for the purposes of recommending annual or multi-year TALs. This action is intended to provide flexibility for the Council in scheduling Monitoring Committee meetings and to remove an unnecessary restriction. NMFS previously modified the text regarding PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 Monitoring Committee meetings in §§ 648.100, 648.120, and 648.140 to reflect that annual review of updated information on the fisheries by the Monitoring Committees would not be required during the period of multi-year specifications. These regulatory changes E:\FR\FM\04JAR1.SGM 04JAR1 308 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations were effective November 29, 2004 (69 FR 62818, October 28, 2004). Changes From the Proposed Rule In the proposed rule, the longitude coordinate for the Southern GRA point SGA1 was inadvertently listed as 72°50′ W. long. In the second mention of SGA1. NMFS corrects the longitude coordinate of point SGA1 to 72°53′ W. long to reflect the shift of the entire Southern GRA by 3 longitudinal minutes to the west. Comments and Responses One comment letter was received regarding the proposed measures. Comment 1: The commenter, representing a commercial seafood association, wrote in support of the proposed TALs, RSA amounts, commercial scup possession limits, scup minimum mesh size, and westward shift of the Southern GRA. Response: NMFS agrees and this final rule implements these proposed measures. Comment 2: The same commenter noted the error in the Southern GRA point 1 as described in Changes from the Proposed Rule in this preamble. Response: NMFS has corrected the Southern GRA point 1 coordinate in this final rule. Classification This final rule has been determined to be not significant for purposes of Executive Order 12866. The Assistant Administrator for Fisheries, NOAA, finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delayed effectiveness period for this rule. This action establishes annual quotas for the summer flounder, scup, and black sea bass fisheries and possession limits for the commercial scup fishery. Preparation of the proposed rule was dependent on the submission by the Council of the final EA/RIR/IRFA, which occurred in early November 2004, and appended in early December 2004. NMFS published the proposed rule on December 6, 2004, with an abbreviated, 15-day comment period, in order to allow for finalization of the proposed regulatory changes by January 1, 2005. NMFS was unable to obtain the necessary data from the Council before November 2004 to finalize the specifications. Therefore, in order to implement the 2005 specifications before the beginning of the finishing season beginning January 1, 2005, NMFS waives the 30-day delay in effectiveness. If implementation of the specifications is delayed, NMFS will be prevented from carrying out its legal VerDate jul<14>2003 15:29 Jan 03, 2005 Jkt 205001 obligation to prevent overfishing of these three species. The fisheries covered by this action will begin making landings on January 1, 2005. If a delay in effectiveness were to be required, and a quota were to be harvested during a delayed effectiveness period, the lack of effective quota specifications would prevent NMFS from closing the fishery. The scup and black sea bass fisheries are expected to be active at the start of the fishing season in 2005. In addition, the Delaware summer flounder fishery would be open for fishing but in a negative quota situation. This likely would result in overages that may require deduction from the associated state quota or coastwide quota period in the future, and might have a negative economic impact for some gear sectors. Additionally, pursuant to 5 U.S.C. 553(d)(1), the measure regarding the commercial scup possession limit relieves a restriction and is therefore not subject to a delay in effective date. The current commercial scup possession limit (15,000 lb (6.8 mt) per trip) is more restrictive than the measure recommended by the Council and implemented by NMFS in this rule (30,000 lb (13.6 mt) per trip). Under the current GRA Exemption Program requirements, vessels that are subject to the provisions of the GRA’s must carry on board a Scup GRA Exemption Program Authorization (which requires application to the Regional Administrator) and a NMFScertified observer in order to fish for, or possess, non-exempt species (black sea bass, Loligo squid, or silver hake (whiting)) using trawl nets having a minimum mesh size less than that required at § 648.123. A minimum of 5 business days in advance of a trip is required to obtain an observer. NMFS terminates the GRA Exemption Program in this rule at the recommendation of the Council and because no vessels have participated in the program to date. Further, NMFS shifts the entire Southern GRA by 3 longitudinal minutes to the west in response to an industry request and subsequent analysis by the NEFSC, which indicates that the shift would expose an additional 3 percent of the scup stock to small-mesh gear during the effective period, while allowing access to an additional 8 percent of the Loligo squid stock. NMFS implements this measure in order to allow greater opportunity for trawl vessels to harvest Loligo squid while maintaining the protective aspects of the Southern GRA for scup. The commercial scup fishery is active at the beginning of January. If a delay in effectiveness were to be required, it would affect trawl vessel owners’ ability PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 to plan fishing trips until the rule is in effect, specifically due to the current Scup GRA Exemption Program requirements. Included in this final rule is the Final Regulatory Flexibility Analysis (FRFA) prepared pursuant to 5 U.S.C. 604(a). The FRFA incorporates the IRFA, the comments and responses to the proposed rule (69 FR 70414, December 6, 2004), and the analyses completed in support of this action. A copy of the EA/ RIR/IRFA is available from the Council (see ADDRESSES). The preamble to the proposed rule included a detailed summary of the analyses contained in the IRFA, and that discussion is not repeated here. Final Regulatory Flexibility Analysis Statement of Objective and Need A description of the reasons why this action is being taken, and the objectives of and legal basis for this final rule are explained in the preambles to the proposed rule and this final rule and are not repeated here. Summary of Significant Issues Raised in Public Comments The one comment letter received on the proposed rule did not specifically address the potential economic impact of the rule. Other than the correction described in Changes to the Proposed Rule, no changes to the proposed rule were required to be made as a result of public comments. For a summary of the comments received, and the responses thereto refer to the ‘‘Comments and Responses’’ section of this preamble. Description and Estimate of Number of Small Entities to Which the Rule Will Apply The categories of small entities likely to be affected by this action include commercial and charter/party vessel owners holding an active Federal permit for summer flounder, scup, or black sea bass, as well as owners of vessels that fish for any of these species in state waters. The Council estimates that the 2005 quotas (and 2006 summer flounder quota) could affect 2,114 vessels that held a Federal summer flounder, scup, and/or black sea bass permit in 2003. However, the more immediate impact of this final rule will likely be felt by the 1,040 vessels that actively participated (i.e., landed these species) in these fisheries in 2003. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements No additional reporting, recordkeeping, or other compliance E:\FR\FM\04JAR1.SGM 04JAR1 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations requirements are included in this final rule. Description of the Steps Taken To Minimize Economic Impact on Small Entities Economic impacts are being minimized to the extent practicable with the quota specifications being implemented in this final rule, while being consistent with the target fishing mortality rates or target exploitation rates specified in the FMP. Specification of commercial quotas and possession limits is constrained by the conservation objectives of the FMP, and implemented at 50 CFR part 648 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The economic analysis assessed the impacts of the various management alternatives. In the EA, the no action alternative is defined as follows: (1) No proposed specifications for the 2005 and 2006 summer flounder fishery and for the 2005 scup and black sea bass fisheries would be published; (2) the indefinite management measures (minimum sizes, possession limits, minimum mesh size, threshold limits to trigger mesh requirements, permit and reporting requirements, etc.) would remain unchanged; (3) there would be no quota set-aside allocated to research in 2005 and 2006; (4) the existing GRA’s and GRA regulations would remain in place for 2005; and (5) there would be no specific cap on the allowable annual landings in these fisheries (i.e., there would be no quota). Implementation of the no action alternative would be inconsistent with the goals and objectives of the FMP, its implementing regulations, and the Magnuson-Stevens Act. In addition, the no action alternative would substantially complicate the approved management program for these fisheries, and would very likely result in overfishing of the resources. Therefore, the no action alternative is not considered to be a 309 reasonable alternative to the preferred action and is not analyzed in the EA/ RIR/IRFA/FRFA. Alternative 1 (preferred) consists of the harvest limits proposed by the Council and the Board for summer flounder, scup, and black sea bass. Alternative 2 consists of the most restrictive quotas (i.e., lowest landings) considered by the Council and the Board for all of the species. Alternative 3 consists of the least restrictive quotas (i.e., highest landings) considered by the Council and Board for all three species. Although Alternative 3 would result in higher landings for 2005 (and for the summer flounder fishery in 2006), it would also likely exceed the biological targets specified in the FMP and could, therefore, not be implemented without violating the requirements of the Magnuson-Stevens Act. Table 7 evaluates three alternative combinations of summer flounder, scup, and black sea bass landings (commercial and recreational). TABLE 7.—COMPARISON IN LB (MT) OF THE ALTERNATIVES OF QUOTA COMBINATIONS REVIEWED Initial TAL 2004 commercial quota overage RSA Preliminary adjusted commercial quota Preliminary recreational harvest limit Quota Alternative 1 (Preferred) Summer Flounder Preferred Alternative— 2005. Summer Flounder Preferred Alternative— 2006. Scup Preferred Alternative (Status quo). Black Sea Bass Preferred Alternative. 30.3 million (13,744) ... 353,917 (161) .............. 121,647 (55) ................ 17.87 million (8,108) ... 11.98 million (5,434) 33.0 million (14,969) ... 990,000 (449) .............. N/A .............................. 19.21 million (8,714) ... 12.80 million (5,806) 16.5 million (7,484) ..... 303,675 (138) .............. 0.00 ............................. 12.23 million (5,547) ... 3.96 million (1,796) 8.2 million (3,719) ....... 109,500 (50) ................ 0.00 ............................. 3.97 million (1,796) ..... 4.13 million (1,873) Quota Alternative 2 (Most Restrictive) Summer Flounder Alternative 2 (Status Quo)— 2005. Summer Flounder Alternative 2 (Status Quo)— 2006. Scup Alternative 2. Black Sea Bass Alternative 2 (Status Quo). 28.2 million (12,791) ... 353,917 (161) .............. 121,647 (55) ................ 16.59 million (7,523) ... 11.14 million (5,053) 28.2 million (12,791) ... 846,000 (384) .............. N/A .............................. 16.41 million (7,443) ... 10.94 million (4,962) 11.0 million (4,990) ..... 303,675 (138) .............. 0.00 ............................. 7.95 million (3,606) ..... 2.74 million (1,242) 8.0 million (3,629) ....... 109,500 (50) ................ 0.00 ............................. 3.87 million (1,755) ..... 4.02 million (1,823) 19.23 million (8,721) ... 12.90 million (5,851) Quota Alternative 3 (Least Restrictive) Summer Flounder Alternative 3— 2005. VerDate jul<14>2003 32.6 million (14,787) ... 15:29 Jan 03, 2005 Jkt 205001 353,917 (161) .............. PO 00000 Frm 00061 121,647 (55) ................ Fmt 4700 Sfmt 4700 E:\FR\FM\04JAR1.SGM 04JAR1 310 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations TABLE 7.—COMPARISON IN LB (MT) OF THE ALTERNATIVES OF QUOTA COMBINATIONS REVIEWED—Continued Initial TAL Summer Flounder Alternative 3— 2006. Scup Alternative 3. Black Sea Bass Alternative 3. RSA 2004 commercial quota overage Preliminary adjusted commercial quota Preliminary recreational harvest limit 35.5 million (16,103) ... 1.07 (485) .................... N/A .............................. 20.66 million (9,371) ... 13.77 million (6,246) 22.0 million (9,979) ..... 303,675 (138) .............. 0.00 ............................. 16.53 million (7,498) ... 5.17 million (2,345) 8.7 million (3,946) ....... 109,500 (50) ................ 0.00 ............................. 4.21 million (1,910) ..... 4.38 million (1,987) N/A=Not applicable. Any commercial quota adjustments to account for 2005 overages will be published in the Federal Register in the final rule implementing the 2006 specifications. In summary, relative to 2004, the 2005 commercial quotas and recreational harvest limits contained in the Preferred Alternative would result in an 11percent and a 7-percent increase in summer flounder landings for the commercial and recreational sectors, respectively, a less than 1-percent decrease in scup landings for both sectors, and a 5-percent and 3-percent increase in black sea bass landings for the commercial and recreational sectors, respectively; percentage changes associated with each alternative are discussed in the proposed rule. The measures contained in the Preferred Alternative were chosen because they provide for the maximum level of landings that still achieve the fishing mortality and exploitation targets specified in the FMP. While the commercial quotas and recreational harvest limits specified in Alternative 3 would provide for even larger increases in landings and revenues, they would not achieve the fishing mortality and exploitation targets specified in the FMP. The commercial possession limits for scup were chosen in part because they are intended to provide for economically viable fishing trips that will be equitably distributed over the entire quota period. The minimum mesh size and threshold increases were chosen in part because they would effect reduction in the discard of undersized fish, thus increasing the efficiency of the commercial scup fishery. Through the proposed rule, NMFS specifically sought comment on the likely effectiveness of and/or costs associated with the proposed change in minimum mesh size for scup. The change to the minimum mesh size regulations also would apply in the Scup GRA’s. The decision to eliminate the GRA Exemption Program was made because no vessels have participated in the program since its implementation in 2003, and because there would be no VerDate jul<14>2003 15:29 Jan 03, 2005 Jkt 205001 change to the economic aspects of the fishery. Revised Southern GRA coordinates were selected in order to allow greater opportunity for trawl vessels to harvest Loligo squid while maintaining the protective aspects of the Southern GRA for scup. Finally, the revenue decreases associated with the RSA program are expected to be minimal, and are expected to yield important long-term benefits associated with improved fisheries data. It should also be noted that fish harvested under the RSAs would be sold, and the profits would be used to offset the costs of research. As such, total gross revenue to the industry would not decrease substantially if the RSAs are utilized. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: December 28, 2004. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons stated in the preamble, 50 CFR part 648 is amended as follows: I PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: I Authority: 16 U.S.C. 1801 et seq. 2. In § 648.14, paragraph (a)(127) is removed and reserved, and paragraph(a)(122) is revised to read as follows: I § 648.14 Prohibitions. (a) * * * (122) Fish for, catch, possess, retain or land Loligo squid, silver hake, or black sea bass in or from the areas and during the time periods described in § 648.122(a) or (b) while in possession of any trawl nets or netting that do not meet the minimum mesh restrictions or that are obstructed or constricted as PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 specified in §§ 648.122 and 648.123(a), unless the nets or netting are stowed in accordance with § 648.123(b). * * * * * (127) [Reserved] * * * * * I 3. In § 648.100, paragraph (a) is revised to read as follows: § 648.100 Catch quotas and other restrictions. (a) Review. The Summer Flounder Monitoring Committee shall review each year the following data, subject to availability, unless a TAL has already been established for the upcoming calendar year as part of a multiple-year specification process, provided that new information does not require a modification to the multiple-year quotas, to determine the annual allowable levels of fishing and other restrictions necessary to achieve, with at least a 50-percent probability of success, a fishing mortality rate (F) that produces the maximum yield per recruit (Fmax): Commercial, recreational, and research catch data; current estimates of fishing mortality; stock status; recent estimates of recruitment; virtual population analysis results; levels of noncompliance by fishermen or individual states; impact of size/mesh regulations; sea sampling and winter trawl survey data or, if sea sampling data are unavailable, length frequency information from the winter trawl survey and mesh selectivity analyses; impact of gear other than otter trawls on the mortality of summer flounder; and any other relevant information. * * * * * I 4. In § 648.120, paragraph (a) is revised to read as follows: § 648.120 Catch quotas and other restrictions. (a) Review. The Scup Monitoring Committee shall review each year the following data, subject to availability, unless a TAL already has been established for the upcoming calendar E:\FR\FM\04JAR1.SGM 04JAR1 Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules and Regulations year as part of a multiple-year specification process, provided that new information does not require a modification to the multiple-year quotas: Commercial, recreational, and research data; current estimates of fishing mortality; stock status; recent estimates of recruitment; virtual population analysis results; levels of noncompliance by fishermen or individual states; impact of size/mesh regulations; impact of gear on the mortality of scup; and any other relevant information. This review will be conducted to determine the allowable levels of fishing and other restrictions necessary to achieve the F that produces the maximum yield per recruit (Fmax). * * * * * 5. In § 648.122, paragraph (d) is removed and reserved, and the section heading, paragraph (a)(1), and the first two sentences of paragraph (b)(1) are revised to read as follows: I § 648.122 Season and area restrictions. (a) * * * (1) Restrictions. From January 1 through March 15, all trawl vessels in the Southern Gear Restricted Area that fish for or possess non-exempt species as specified in paragraph (a)(2) of this section must fish with nets that have a minimum mesh size of 5.0-inch (12.7cm) diamond mesh, applied throughout the codend for at least 75 continuous meshes forward of the terminus of the net. For trawl nets with codends (including an extension) of fewer than 75 meshes, the entire trawl net must have a minimum mesh size of 5.0 inches (12.7 cm) throughout the net. The Southern Gear Restricted Area is an area bounded by straight lines connecting the following points in the order stated (copies of a chart depicting the area are available from the Regional Administrator upon request): VerDate jul<14>2003 15:29 Jan 03, 2005 Jkt 205001 SOUTHERN GEAR RESTRICTED AREA Point SGA1 SGA2 SGA3 SGA4 SGA5 SGA6 SGA7 SGA8 SGA1 N. lat. ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... ......................... 39°20′ 39°20′ 38°00′ 37°00′ 36°30′ 36°30′ 37°00′ 38°00′ 39°20′ W. long. 72°53′ 72°28′ 73°58′ 74°43′ 74°43′ 75°03′ 75°03′ 74°23′ 72°53′ * * * * * (b) * * * (1) * * * From November 1 through December 31, all trawl vessels in the Northern Gear Restricted Area I that fish for or possess non-exempt species as specified in paragraph (b)(2) of this section, 5.0-inch (12.7 cm) diamond mesh, applied throughout the codend for at least 75 continuous meshes forward of the terminus of the net. For trawl nets with codends (including an extension) of fewer than 75 meshes, the entire trawl net must have a minimum mesh size of 5.0 inches (12.7 cm) throughout the net. * * * * * * * * (d) [Reserved] * * * * * I 6. In § 648.123, paragraph (a)(1) is revised to read as follows: § 648.123 Gear restrictions. (a) * * * (1) Minimum mesh size. No owner or operator of an otter trawl vessel that is issued a scup moratorium permit may possess 500 lb (226.8 kg) or more of scup from November 1 through April 30, or 200 lb (90.7 kg) or more of scup from May 1 through October 31, unless fishing with nets that have a minimum mesh size of 5.0-inch (12.7-cm) diamond mesh, applied throughout the codend for at least 75 continuous meshes forward of the terminus of the net, and all other nets are stowed in PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 311 accordance with § 648.23(b)(1). For trawl nets with codends (including an extension) of fewer than 75 meshes, the entire trawl net must have a minimum mesh size of 5.0 inches (12.7 cm) throughout the net. Scup on board these vessels must be stowed separately and kept readily available for inspection. Measurement of nets will be in conformity with § 648.80(f)(2)(ii). * * * * * I 7. In § 648.140, paragraph (a) is revised to read as follows: § 648.140 Catch quotas and other restrictions. (a) Review. The Black Sea Bass Monitoring Committee shall review each year the following data, subject to availability, unless a TAL already has been established for the upcoming calendar year as part of a multiple-year specification process, provided that new information does not require a modification to the multiple-year quotas, to determine the allowable levels of fishing and other restrictions necessary to result in a target exploitation rate of 23 percent (based on Fmax) in 2003 and subsequent years: Commercial, recreational, and research catch data; current estimates of fishing mortality; stock status; recent estimates of recruitment; virtual population analysis results; levels of noncompliance by fishermen or individual states; impact of size/mesh regulations; sea sampling and winter trawl survey data, or if sea sampling data are unavailable, length frequency information from the winter trawl survey and mesh selectivity analyses; impact of gear other than otter trawls, pots and traps on the mortality of black sea bass; and any other relevant information. * * * * * [FR Doc. 04–28752 Filed 12–30–04; 9:39 am] BILLING CODE 3510–22–P E:\FR\FM\04JAR1.SGM 04JAR1

Agencies

[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Rules and Regulations]
[Pages 303-311]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-28752]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 041110317-4364-02; I.D. 110404B]
RIN 0648-AR51

50 CFR Part 648

Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2005 and 2006 Summer Flounder
Specifications; 2005 Scup and Black Sea Bass Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; final specifications for the 2005 and 2006 summer
flounder fisheries and for the 2005 scup and black sea bass fisheries,
and preliminary 2005 quota adjustment; notification of 2005 commercial
summer flounder quota harvest for Delaware.

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SUMMARY: NMFS issues final specifications for the 2005 and 2006 summer
flounder fisheries and for the 2005 scup and black sea bass fisheries,
and makes preliminary adjustments to the 2005 commercial quotas for
these fisheries. This final rule specifies allowed harvest limits for
both commercial and recreational fisheries, including scup possession
limits. This action prohibits federally permitted commercial vessels
from landing summer flounder in Delaware in 2005. Regulations governing
the summer

[[Page 304]]

flounder fishery require publication of this notification to advise the
State of Delaware, Federal vessel permit holders, and Federal dealer
permit holders that no commercial quota is available for landing summer
flounder in Delaware in 2005. This action also makes changes to the
regulations regarding the commercial scup fishery. The intent of this
action is to establish allowed 2005 harvest levels and other measures
to attain the target fishing mortality (F) or exploitation rates, as
specified for these species in the Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan (FMP), and to reduce bycatch and improve
the efficiency of the commercial scup fishery.

DATES: This rule is effective December 30, 2004.

ADDRESSES: Copies of the specifications document, including the
Environmental Assessment (EA), Regulatory Impact Review (RIR), the
Initial Regulatory Flexibility Analysis (IRFA), and other supporting
documents for the specification are available from Daniel Furlong,
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,
Federal Building, 300 South Street, Dover, DE 19901-6790. The
specifications document is also accessible via the Internet at https://
www.nero.noaa.gov. The Final Regulatory Flexibility Analysis (FRFA)
consists of the IRFA, public comments and responses contained in this
final rule, and the summary of impacts and alternatives contained in
this final rule. Copies of the small entity compliance guide are
available from Patricia A. Kurkul, Regional Administrator, Northeast
Region, National Marine Fisheries Service, One Blackburn Drive,
Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy
Analyst, (978) 281-9279, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

The summer flounder, scup, and black sea bass fisheries are managed
cooperatively by the Atlantic States Marine Fisheries Commission
(Commission) and the Mid-Atlantic Fishery Management Council (Council),
in consultation with the New England and South Atlantic Fishery
Management Councils. The 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[deg]13.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton,
NC) northward to the U.S./Canada border. Implementing regulations for
these fisheries are found at 50 CFR part 648, subparts A, G (summer
flounder), H (scup), and I (black sea bass).
The regulations outline the process for specifying annually the
catch limits for the summer flounder, scup, and black sea bass
commercial and recreational fisheries, as well as other management
measures (e.g., mesh requirements, minimum fish sizes, gear
restrictions, possession restrictions, and area restrictions) for these
fisheries. The measures are intended to achieve the annual targets set
forth for each species in the FMP, specified either as an F or an
exploitation rate (the proportion of fish available at the beginning of
the year that are removed by fishing during the year). Once the catch
limits are established, they are divided into quotas based on formulas
contained in the FMP. Detailed background information regarding the
status of the summer flounder, scup, and black sea bass stocks and the
development of the 2005 specifications for these fisheries (and 2006
summer flounder specifications) was provided in the proposed
specifications (69 FR 70414, December 6, 2004). That information is not
repeated here.
NMFS will establish the 2005 recreational management measures for
summer flounder, scup, and black sea bass by publishing a proposed and
final rule in the Federal Register at a later date, following receipt
of the Council's recommendations as specified in the FMP.

Summer Flounder

The FMP specifies a target F of Fmax, that is, the level
of fishing that produces maximum yield per recruit. The best available
scientific information indicates that, for 2005 and 2006,
Fmax for summer flounder is 0.26 (equal to an exploitation
rate of about 22 percent from fishing). The Total Allowable Landings
(TAL) associated with the target F rate is allocated 60 percent to the
commercial sector and 40 percent to the recreational sector. The
commercial quota is allocated to the coastal states based upon
percentage shares specified in the FMP. The recreational harvest limit
is specified on a coastwide basis. Recreational measures will be the
subject of a separate rulemaking early in 2005.
This final rule implements the specifications contained in the
proposed rule, a summer flounder TAL of 30.3 million lb (13,744 mt) for
2005 and 33.0 million lb (14,969 mt) for 2006. The TAL for 2005 is
allocated 18.18 million lb (8,246 mt) to the commercial sector and
12.12 million lb (5,498 mt) to the recreational sector, and the TAL for
2006 is allocated 19.8 million lb (8,981 mt) to the commercial sector
and 13.2 million lb (5,987 mt) to the recreational sector. This TAL was
determined by the Council's Summer Flounder Monitoring Committee to
have at least a 75-percent probability of achieving the Fmax
(0.26) that is specified in the FMP, if the 2004 TAL and assumed
discard levels are not exceeded. Two research projects that would
utilize the full summer flounder research set-aside (RSA) of 353,917 lb
(161 mt) have been conditionally approved by NMFS and are currently
awaiting notice of award. After deducting this RSA, the TAL is divided
into a commercial quota of 17.97 million lb (8,151 mt) and a
recreational harvest limit of 11.98 million lb (5,434 mt). If either
project is not approved by the NOAA Grants Office, the research quota
associated with the disapproved proposal will be restored to the summer
flounder TAL through publication of a notice in the Federal Register by
NMFS.
Consistent with the revised quota setting procedures for the FMP
(67 FR 6877, February 14, 2002), summer flounder overages are
determined based upon landings for the period January-October 2004,
plus any previously unaccounted for landings from January-December
2003. Table 1 summarizes, for each state, the commercial summer
flounder percent share, the 2005 commercial quota (both initial and
less the RSA), the 2004 quota overages as described above, and the
resulting final adjusted 2005 commercial quota less the RSA.

[[Page 305]]

Table 1.--Final State-By-State Commercial Summer Flounder Allocations for 2005
--------------------------------------------------------------------------------------------------------------------------------------------------------
2005 initial quota 2005 initial quota 2004 quota overages Adjusted 2005 quota,
Percent ------------------------ less RSA (through 10/31/04) \1\ less RSA \2\
State share -------------------------------------------------------------------------
lb kg lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME........................................ 0.04756 8,646 3,922 8,547 3,877 0 0 8,547 3,877
NH........................................ 0.00046 84 38 83 37 0 0 83 37
MA........................................ 6.82046 1,239,960 562,442 1,225,637 555,945 48,083 21,810 1,177,554 534,130
RI........................................ 15.68298 2,851,166 1,293,280 2,818,232 1,278,341 0 0 2,818,232 1,278,341
CT........................................ 2.25708 410,337 186,128 405,597 183,978 0 0 405,597 183,978
NY........................................ 7.64699 1,390,223 630,601 1,374,164 623,317 0 0 1,374,164 623,317
NJ........................................ 16.72499 3,040,603 1,379,209 3,005,481 1,363,277 0 0 3,005,481 1,363,277
DE........................................ 0.01779 3,234 1,467 3,197 1,450 54,536 24,737 (51,339) (23,287)
MD........................................ 2.03910 370,708 168,152 366,426 166,210 19,028 8,631 347,398 157,577
VA........................................ 21.31676 3,875,387 1,757,864 3,830,622 1,737,559 0 0 3,830,622 1,737,559
NC........................................ 27.44584 4,989,654 2,263,292 4,932,017 2,237,148 0 0 4,932,017 2,237,148
-------------
Total \3\............................. 100.00 18,180,002 8,246,395 17,970,002 8,151,139 121,647 55,178 17,899,695 8,119,165
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 2004 Quota overage is determined through comparison of landings for January through October 2004, plus any landings in 2003 in excess of the 2003
quota (that were not previously addressed in the 2004 specifications), with the final 2004 quota (as revised) for each state (69 FR 10937, March 9,
2004). For Delaware, includes continued repayment of overharvest from 2003.
\2\ Parentheses indicate a negative number.
\3\ Total quota is the sum of all states having allocation. A state with a negative number has an allocation of zero (0). Kilograms are as converted
from pounds and may not necessarily add due to rounding.

The Commission has established a system whereby 15 percent of each
state's quota may be voluntarily set aside each year to enable vessels
to land an incidental catch allowance after the directed fishery in a
state has been closed. The intent of the incidental catch set-aside is
to reduce discards by allowing fishermen to land summer flounder caught
incidentally in other fisheries during the year, while ensuring that
the state's overall quota is not exceeded. These Commission set-asides
are not included in these 2005 and 2006 final summer flounder
specifications because NMFS does not have authority to establish such
subcategories.

Delaware Summer Flounder Closure

Table 1 above indicates that, for Delaware, the amount of the 2004
summer flounder quota overage (inclusive of overharvest from 2003) is
greater than the amount of commercial quota allocated to Delaware for
2005. As a result, there is no quota available for 2005 in Delaware.
The regulations at Sec. 648.4(b) provide that Federal permit holders,
as a condition of their permit, must not land summer flounder in any
state that the Regional Administrator has determined no longer has
commercial quota available for harvest. Therefore, effective December
30, 2004, landings of summer flounder in Delaware by vessels holding
commercial Federal fisheries permits are prohibited for the 2005
calendar year, unless additional quota becomes available through a
quota transfer and is announced in the Federal Register. Federally
permitted dealers are advised that they may not purchase summer
flounder from federally permitted vessels that land in Delaware for the
2005 calendar year, unless additional quota becomes available through a
transfer, as mentioned above.
For 2006, because information pertaining to the potential amount of
RSA is unknown, RSA is conservatively estimated as 3 percent of the TAL
(the maximum allowed under the FMP), i.e., 990,000 lb (449 mt). After
deducting the RSA, the TAL for 2006 will be divided into a commercial
quota of 19.21 million lb (8,714 mt) and a recreational harvest limit
of 12.80 million lb (5,806 mt). Table 2 shows, for each state, the
commercial summer flounder percent share, the 2006 commercial quota
(both initial and less the RSA, which is estimated at this point and
which will be revised in the proposed specifications for 2006). These
state quota allocations are preliminary and are subject to a reduction
if there are any overages of a state's quota for the previous fishing
year (using the landings information and procedures described earlier).
Any commercial quota adjustments to account for 2005 overages will be
published in the Federal Register in the final rule implementing the
2006 specifications.

Table 2.--2006 Proposed Initial Summer Flounder State Commercial Quotas
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial quota \1\ Initial quota less RSA \1\
State Percent share -----------------------------------------------------------------------
lb kg \2\ lb kg \2\
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME............................................................ 0.04756 9,417 4,271 9,136 4,144
NH............................................................ 0.00046 91 41 88 40
MA............................................................ 6.82046 1,350,451 612,561 1,310,210 594,308
RI............................................................ 15.68298 3,105,230 1,408,523 3,012,700 1,366,552
CT............................................................ 2.25708 446,902 202,713 433,585 196,673
NY............................................................ 7.64699 1,514,104 686,793 1,468,987 666,328
NJ............................................................ 16.72499 3,311,548 1,502,108 3,212,871 1,457,349
DE............................................................ 0.01779 3,522 1,598 3,417 1,550
MD............................................................ 2.03910 403,742 183,136 391,711 177,679
VA............................................................ 21.31676 4,220,718 1,914,505 4,094,950 1,857,457
NC............................................................ 27.44584 5,434,276 2,464,972 5,272,346 2,391,520
-------------------

[[Page 306]]

Total..................................................... 100.00 19,800,002 8,981,222 19,210,002 8,713,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ State quotas are preliminary and will be adjusted as necessary in the 2006 final quota based on any overage of a state's quota for the previous
fishing year.
\2\ Kilograms are as converted from pounds and do not add to the converted total due to rounding.

Scup

The target exploitation rate for scup for 2005 is 21 percent. The
FMP specifies that the Total Allowable Catch (TAC) associated with a
given exploitation rate be allocated 78 percent to the commercial
sector and 22 percent to the recreational sector. Scup discard
estimates are deducted from both sectors' TACs to establish TALs for
each sector (TAC less discards = TAL). The commercial TAL is then
allocated on a percentage basis to three quota periods, as specified in
the FMP: Winter I (January-April)--45.11 percent; Summer (May-
October)--38.95 percent; and Winter II (November-December)--15.94
percent. The recreational harvest limit is allocated on a coastwide
basis. Recreational measures will be the subject of a separate
rulemaking early in 2005.
This final rule implements the specifications contained in the
proposed rule, i.e., an 18.65-million lb (8,460-mt) scup TAC and a
16.5-million lb (7,484-mt) scup TAL. After deducting 303,675 lb (138
mt) of RSA for the three approved research projects, the TAL is divided
into a commercial quota of 12.23 million lb (5,547 mt) and a
recreational harvest limit of 3.96 million lb (1,796 mt). If any of
these projects are not approved by the NOAA Grants Office, the research
quota associated with the disapproved proposal(s) will be restored to
the scup TAL through publication of a notice in the Federal Register by
NMFS.
Consistent with the revised quota setting procedures established
for the FMP (67 FR 6877, February 14, 2002), scup overages are
determined based upon landings for the Winter I and Summer 2004
periods, plus any previously unaccounted for landings from January-
December 2003. Table 3 presents the final 2004 commercial scup quota
for each period and the reported 2004 landings for the 2004 Winter I
and Summer periods; there was no overage of the Winter I or Summer
quota. On October 12, 2004 (69 FR 60565), NMFS announced a transfer of
quota from Winter I to Winter II 2004. Per the quota counting
procedures, after June 30, 2005, NMFS will compile all available
landings data for Winter II 2004 and compare the landings to the Winter
II 2004 allocation, as adjusted. Any overages will be determined and
required deductions will be made to the Winter II 2005 allocation.

Table 3.--SCUP Preliminary 2004 Commercial Landings by Quota Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
2004 Quota Reported 2004 landings through Preliminary overages as of 10/
-------------------------------- 10/31/04 31/04
Quota period ---------------------------------------------------------------
lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I................................................ 5,568,920 2,526,020 3,592,469 1,629,517 0 0
Summer.................................................. 4,808,455 2,181,078 3,845,362 1,744,227 0 0
Winter II............................................... 1,967,825 892,590 N/A N/A N/A N/A
-----------------
Total............................................... 12,345,200 5,599,689 7,437,831 3,373,744 .............. ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
N/A = Not applicable.

Table 4 presents the commercial scup percent share, 2005 TAC,
projected discards, 2005 initial quota (with and without the RSA
deduction), and initial possession limits, by quota period. To achieve
the commercial quotas, this final rule implements a Winter I period
(January-April) per-trip possession limit of 30,000 lb (6.8 mt), and a
Winter II period (November-December) initial per-trip possession limit
of 1,500 lb (680 kg). The Winter I per-trip possession limit will be
reduced to 1,000 lb (454 kg) when 80 percent of the commercial quota
allocated to that period is projected to be harvested.

Table 4.--Initial Commercial SCUP/Quota Allocations for 2005 By Quota Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total allowable catch Discards 2005 initial quota 2005 initial quota Possession
-------------------------------------------------------------------- less RSA limits (per
Period Percent ----------------------- trip) \2\
share lb kg \1\ lb kg lb kg -----------------
lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I........................ 45.11 6,563,505 2,977,186 938,288 425,605 5,625,217 2,551,582 5,518,367 2,503,089 15,000 6,804
Summer.......................... 38.95 5,667,225 2,570,636 810,160 367,486 4,857,065 2,203,150 4,764,806 2,161,280 \3\ N/A \3\ N/A
Winter II....................... 15.94 2,319,270 1,052,014 331,552 150,391 1,987,718 901,623 1,949,962 884,487 1,500 680
------------
Total....................... 100.00 14,550,000 6,599,837 2,080,000 943,482 12,470,000 5,656,355 12,233,135 5,548,856 ....... .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds and may not necessarily add due to rounding.

[[Page 307]]

\2\ The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period's allocation. 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.
\3\ Not applicable.

As described in the proposed rule, the Council recommended no
change in the Winter II possession limits that result from potential
rollover of quota from the Winter I period for the 2005 fishing year.
Therefore, NMFS maintains the Winter II possession limit-to-rollover
amount ratios specified for 2004, as presented in Table 5.

Table 5.--Potential Increase in Winter II Possession Limits Based on the Amount of Scup Rolled Over From Winter I to Winter II Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial winter II possession limit Rollover from winter I to winter II Increase in initial Final winter II
----------------------------------------------------------------------------------------------------- winter II possession possession limit after
limit rollover from winter I
-------------------------- to winter II
lb kg lb mt -------------------------
lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
1,500..................................... 680 0-499,999 0-227 0 0 1,500 680
1,500..................................... 680 500,000-999,999 227-454 500 227 2,000 907
1,500..................................... 680 1,000,000-1,499,999 454-680 1,000 454 2,500 1,134
1,500..................................... 680 1,500,000-1,999,999 680-907 1,500 680 3,000 1,361
1,500,.................................... 680 2,000,000-2,500,000 907-1,134 2,000 907 3,500 1,587
--------------------------------------------------------------------------------------------------------------------------------------------------------

Other Scup Management Measures

This final rule makes two changes to the regulations regarding the
directed otter trawl fishery for scup. The purpose of these
modifications is to reduce potential scup discards. First, NMFS
increases the minimum mesh size to 5 inches (12.7 cm) for the first 75
meshes from the terminus of the net; and for codends constructed with
fewer than 75 meshes, requires a minimum mesh size of 5 inches (12.7
cm) throughout the net. Second, this final rule increases the threshold
level to trigger the minimum mesh size requirement from 100 lb (45 kg)
to 200 lb (90 kg) for the Scup Summer period (May 1 through October
31). The change to the minimum mesh size regulations also apply in the
Scup Gear Restricted Areas (GRA's).

Scup GRA's

This final rule shifts the entire Southern GRA by 3 longitudinal
minutes to the west. The recommendation to move the Southern GRA
follows an industry request and subsequent analysis by the Northeast
Fisheries Science Center (NEFSC), which indicates that the shift would
expose an additional 3 percent of the scup stock to small-mesh gear
during the effective period, while allowing access to an additional 8
percent of the Loligo squid stock. NMFS also terminates the existing
GRA Exemption Program, in which no vessels have participated to date.
The intent of these actions is to allow greater opportunity for trawl
vessels to harvest Loligo squid while maintaining the protective
aspects of the Southern GRA for scup.

Black Sea Bass

For 2005, the target exploitation rate for black sea bass is 25
percent. The FMP specifies that the TAL associated with a given
exploitation rate be allocated 49 percent to the commercial sector and
51 percent to the recreational sector. The recreational harvest limit
is allocated on a coastwide basis. Recreational measures will be the
subject of a separate rulemaking early in 2005.
This final rule implements the specifications contained in the
proposed rule, i.e., an 8.2-million lb (3,719-mt) black sea bass TAL.
After deducting 109,500 lb (50 mt) of RSA for the three approved
research projects, the TAL is divided into a commercial quota of 3.97
million lb (1,796 mt) and a recreational harvest limit of 4.13 million
lb (1,873 mt). If any of these projects are not approved by the NOAA
Grants Office, the research quota associated with the disapproved
proposal(s) will be restored to the black sea bass TAL through
publication of a notice in the Federal Register by NMFS.
Consistent with the revised quota setting procedures for the FMP,
black sea bass overages are determined based upon landings for the
period January-September 2004, plus any previously unaccounted for
landings from January-December 2003. No adjustment to the 2005
commercial quota is necessary. Table 6 presents the initial 2005
commercial quota and the final 2005 commercial quota (less the RSA).

Table 6.--Final Black Sea Bass Commercial Quota Allocations for 2005
------------------------------------------------------------------------
2005 quota less Quota overages
2005 initial research Set- (through 09/30/ Final (adjusted)
quota (lb) aside (lb) 04) (lb) 2005 quota (lb)
------------------------------------------------------------------------
4,020,000 3,966,345 0 3,966,345
------------------------------------------------------------------------

Other Changes to the Regulations

In addition to the changes recommended by the Council and the
Commission's Summer Flounder, Scup, and Black Sea Bass Management Board
(Board), this final rule removes references to a specific date by which
the Summer Flounder, Scup, and Black Sea Bass Monitoring Committees
shall meet for the purposes of recommending annual or multi-year TALs.
This action is intended to provide flexibility for the Council in
scheduling Monitoring Committee meetings and to remove an unnecessary
restriction. NMFS previously modified the text regarding Monitoring
Committee meetings in Sec. Sec. 648.100, 648.120, and 648.140 to
reflect that annual review of updated information on the fisheries by
the Monitoring Committees would not be required during the period of
multi-year specifications. These regulatory changes

[[Page 308]]

were effective November 29, 2004 (69 FR 62818, October 28, 2004).

Changes From the Proposed Rule

In the proposed rule, the longitude coordinate for the Southern GRA
point SGA1 was inadvertently listed as 72[deg]50' W. long. In the
second mention of SGA1. NMFS corrects the longitude coordinate of point
SGA1 to 72[deg]53' W. long to reflect the shift of the entire Southern
GRA by 3 longitudinal minutes to the west.

Comments and Responses

One comment letter was received regarding the proposed measures.
Comment 1: The commenter, representing a commercial seafood
association, wrote in support of the proposed TALs, RSA amounts,
commercial scup possession limits, scup minimum mesh size, and westward
shift of the Southern GRA.
Response: NMFS agrees and this final rule implements these proposed
measures.
Comment 2: The same commenter noted the error in the Southern GRA
point 1 as described in Changes from the Proposed Rule in this
preamble.
Response: NMFS has corrected the Southern GRA point 1 coordinate in
this final rule.

Classification

This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delayed effectiveness
period for this rule. This action establishes annual quotas for the
summer flounder, scup, and black sea bass fisheries and possession
limits for the commercial scup fishery. Preparation of the proposed
rule was dependent on the submission by the Council of the final EA/
RIR/IRFA, which occurred in early November 2004, and appended in early
December 2004. NMFS published the proposed rule on December 6, 2004,
with an abbreviated, 15-day comment period, in order to allow for
finalization of the proposed regulatory changes by January 1, 2005.
NMFS was unable to obtain the necessary data from the Council before
November 2004 to finalize the specifications. Therefore, in order to
implement the 2005 specifications before the beginning of the finishing
season beginning January 1, 2005, NMFS waives the 30-day delay in
effectiveness.
If implementation of the specifications is delayed, NMFS will be
prevented from carrying out its legal obligation to prevent overfishing
of these three species. The fisheries covered by this action will begin
making landings on January 1, 2005. If a delay in effectiveness were to
be required, and a quota were to be harvested during a delayed
effectiveness period, the lack of effective quota specifications would
prevent NMFS from closing the fishery. The scup and black sea bass
fisheries are expected to be active at the start of the fishing season
in 2005. In addition, the Delaware summer flounder fishery would be
open for fishing but in a negative quota situation. This likely would
result in overages that may require deduction from the associated state
quota or coastwide quota period in the future, and might have a
negative economic impact for some gear sectors.
Additionally, pursuant to 5 U.S.C. 553(d)(1), the measure regarding
the commercial scup possession limit relieves a restriction and is
therefore not subject to a delay in effective date. The current
commercial scup possession limit (15,000 lb (6.8 mt) per trip) is more
restrictive than the measure recommended by the Council and implemented
by NMFS in this rule (30,000 lb (13.6 mt) per trip).
Under the current GRA Exemption Program requirements, vessels that
are subject to the provisions of the GRA's must carry on board a Scup
GRA Exemption Program Authorization (which requires application to the
Regional Administrator) and a NMFS-certified observer in order to fish
for, or possess, non-exempt species (black sea bass, Loligo squid, or
silver hake (whiting)) using trawl nets having a minimum mesh size less
than that required at Sec. 648.123. A minimum of 5 business days in
advance of a trip is required to obtain an observer. NMFS terminates
the GRA Exemption Program in this rule at the recommendation of the
Council and because no vessels have participated in the program to
date. Further, NMFS shifts the entire Southern GRA by 3 longitudinal
minutes to the west in response to an industry request and subsequent
analysis by the NEFSC, which indicates that the shift would expose an
additional 3 percent of the scup stock to small-mesh gear during the
effective period, while allowing access to an additional 8 percent of
the Loligo squid stock. NMFS implements this measure in order to allow
greater opportunity for trawl vessels to harvest Loligo squid while
maintaining the protective aspects of the Southern GRA for scup. The
commercial scup fishery is active at the beginning of January. If a
delay in effectiveness were to be required, it would affect trawl
vessel owners' ability to plan fishing trips until the rule is in
effect, specifically due to the current Scup GRA Exemption Program
requirements.
Included in this final rule is the Final Regulatory Flexibility
Analysis (FRFA) prepared pursuant to 5 U.S.C. 604(a). The FRFA
incorporates the IRFA, the comments and responses to the proposed rule
(69 FR 70414, December 6, 2004), and the analyses completed in support
of this action. A copy of the EA/RIR/IRFA is available from the Council
(see ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.

Final Regulatory Flexibility Analysis

Statement of Objective and Need

A description of the reasons why this action is being taken, and
the objectives of and legal basis for this final rule are explained in
the preambles to the proposed rule and this final rule and are not
repeated here.

Summary of Significant Issues Raised in Public Comments

The one comment letter received on the proposed rule did not
specifically address the potential economic impact of the rule. Other
than the correction described in Changes to the Proposed Rule, no
changes to the proposed rule were required to be made as a result of
public comments. For a summary of the comments received, and the
responses thereto refer to the ``Comments and Responses'' section of
this preamble.

Description and Estimate of Number of Small Entities to Which the Rule
Will Apply

The categories of small entities likely to be affected by this
action include commercial and charter/party vessel owners holding an
active Federal permit for summer flounder, scup, or black sea bass, as
well as owners of vessels that fish for any of these species in state
waters. The Council estimates that the 2005 quotas (and 2006 summer
flounder quota) could affect 2,114 vessels that held a Federal summer
flounder, scup, and/or black sea bass permit in 2003. However, the more
immediate impact of this final rule will likely be felt by the 1,040
vessels that actively participated (i.e., landed these species) in
these fisheries in 2003.

Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements

No additional reporting, recordkeeping, or other compliance

[[Page 309]]

requirements are included in this final rule.

Description of the Steps Taken To Minimize Economic Impact on Small
Entities

Economic impacts are being minimized to the extent practicable with
the quota specifications being implemented in this final rule, while
being consistent with the target fishing mortality rates or target
exploitation rates specified in the FMP. Specification of commercial
quotas and possession limits is constrained by the conservation
objectives of the FMP, and implemented at 50 CFR part 648 under the
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act).
The economic analysis assessed the impacts of the various
management alternatives. In the EA, the no action alternative is
defined as follows: (1) No proposed specifications for the 2005 and
2006 summer flounder fishery and for the 2005 scup and black sea bass
fisheries would be published; (2) the indefinite management measures
(minimum sizes, possession limits, minimum mesh size, threshold limits
to trigger mesh requirements, permit and reporting requirements, etc.)
would remain unchanged; (3) there would be no quota set-aside allocated
to research in 2005 and 2006; (4) the existing GRA's and GRA
regulations would remain in place for 2005; and (5) there would be no
specific cap on the allowable annual landings in these fisheries (i.e.,
there would be no quota). Implementation of the no action alternative
would be inconsistent with the goals and objectives of the FMP, its
implementing regulations, and the Magnuson-Stevens Act. In addition,
the no action alternative would substantially complicate the approved
management program for these fisheries, and would very likely result in
overfishing of the resources. Therefore, the no action alternative is
not considered to be a reasonable alternative to the preferred action
and is not analyzed in the EA/RIR/IRFA/FRFA.
Alternative 1 (preferred) consists of the harvest limits proposed
by the Council and the Board for summer flounder, scup, and black sea
bass. Alternative 2 consists of the most restrictive quotas (i.e.,
lowest landings) considered by the Council and the Board for all of the
species. Alternative 3 consists of the least restrictive quotas (i.e.,
highest landings) considered by the Council and Board for all three
species. Although Alternative 3 would result in higher landings for
2005 (and for the summer flounder fishery in 2006), it would also
likely exceed the biological targets specified in the FMP and could,
therefore, not be implemented without violating the requirements of the
Magnuson-Stevens Act.
Table 7 evaluates three alternative combinations of summer
flounder, scup, and black sea bass landings (commercial and
recreational).

Table 7.--Comparison in lb (mt) of the Alternatives of Quota Combinations Reviewed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary adjusted Preliminary recreational
Initial TAL RSA 2004 commercial quota overage commercial quota harvest limit
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Quota Alternative 1 (Preferred)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Summer Flounder Preferred 30.3 million (13,744).......... 353,917 (161)................. 121,647 (55).................. 17.87 million (8,108)......... 11.98 million (5,434)
Alternative--2005.
Summer Flounder Preferred 33.0 million (14,969).......... 990,000 (449)................. N/A........................... 19.21 million (8,714)......... 12.80 million (5,806)
Alternative--2006.
Scup Preferred Alternative 16.5 million (7,484)........... 303,675 (138)................. 0.00.......................... 12.23 million (5,547)......... 3.96 million (1,796)
(Status quo).
Black Sea Bass Preferred 8.2 million (3,719)............ 109,500 (50).................. 0.00.......................... 3.97 million (1,796).......... 4.13 million (1,873)
Alternative.
--------------------------------
Quota Alternative 2 (Most Restrictive)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Summer Flounder Alternative 2 28.2 million (12,791).......... 353,917 (161)................. 121,647 (55).................. 16.59 million (7,523)......... 11.14 million (5,053)
(Status Quo)--2005.
Summer Flounder Alternative 2 28.2 million (12,791).......... 846,000 (384)................. N/A........................... 16.41 million (7,443)......... 10.94 million (4,962)
(Status Quo)--2006.
Scup Alternative 2............. 11.0 million (4,990)........... 303,675 (138)................. 0.00.......................... 7.95 million (3,606).......... 2.74 million (1,242)
Black Sea Bass Alternative 2 8.0 million (3,629)............ 109,500 (50).................. 0.00.......................... 3.87 million (1,755).......... 4.02 million (1,823)
(Status Quo).
--------------------------------
Quota Alternative 3 (Least Restrictive)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Summer Flounder Alternative 3-- 32.6 million (14,787).......... 353,917 (161)................. 121,647 (55).................. 19.23 million (8,721)......... 12.90 million (5,851)
2005.

[[Page 310]]

Summer Flounder Alternative 3-- 35.5 million (16,103).......... 1.07 (485).................... N/A........................... 20.66 million (9,371)......... 13.77 million (6,246)
2006.
Scup Alternative 3............. 22.0 million (9,979)........... 303,675 (138)................. 0.00.......................... 16.53 million (7,498)......... 5.17 million (2,345)
Black Sea Bass Alternative 3... 8.7 million (3,946)............ 109,500 (50).................. 0.00.......................... 4.21 million (1,910).......... 4.38 million (1,987)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N/A=Not applicable. Any commercial quota adjustments to account for 2005 overages will be published in the Federal Register in the final rule implementing the 2006 specifications.

In summary, relative to 2004, the 2005 commercial quotas and
recreational harvest limits contained in the Preferred Alternative
would result in an 11-percent and a 7-percent increase in summer
flounder landings for the commercial and recreational sectors,
respectively, a less than 1-percent decrease in scup landings for both
sectors, and a 5-percent and 3-percent increase in black sea bass
landings for the commercial and recreational sectors, respectively;
percentage changes associated with each alternative are discussed in
the proposed rule. The measures contained in the Preferred Alternative
were chosen because they provide for the maximum level of landings that
still achieve the fishing mortality and exploitation targets specified
in the FMP. While the commercial quotas and recreational harvest limits
specified in Alternative 3 would provide for even larger increases in
landings and revenues, they would not achieve the fishing mortality and
exploitation targets specified in the FMP.
The commercial possession limits for scup were chosen in part
because they are intended to provide for economically viable fishing
trips that will be equitably distributed over the entire quota period.
The minimum mesh size and threshold increases were chosen in part
because they would effect reduction in the discard of undersized fish,
thus increasing the efficiency of the commercial scup fishery. Through
the proposed rule, NMFS specifically sought comment on the likely
effectiveness of and/or costs associated with the proposed change in
minimum mesh size for scup. The change to the minimum mesh size
regulations also would apply in the Scup GRA's.
The decision to eliminate the GRA Exemption Program was made
because no vessels have participated in the program since its
implementation in 2003, and because there would be no change to the
economic aspects of the fishery. Revised Southern GRA coordinates were
selected in order to allow greater opportunity for trawl vessels to
harvest Loligo squid while maintaining the protective aspects of the
Southern GRA for scup.
Finally, the revenue decreases associated with the RSA program are
expected to be minimal, and are expected to yield important long-term
benefits associated with improved fisheries data. It should also be
noted that fish harvested under the RSAs would be sold, and the profits
would be used to offset the costs of research. As such, total gross
revenue to the industry would not decrease substantially if the RSAs
are utilized.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: December 28, 2004.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.

0
For the reasons stated in the preamble, 50 CFR part 648 is amended as
follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

Authority: 16 U.S.C. 1801 et seq.

0
2. In Sec. 648.14, paragraph (a)(127) is removed and reserved, and
paragraph(a)(122) is revised to read as follows:

Sec. 648.14 Prohibitions.

(a) * * *
(122) Fish for, catch, possess, retain or land Loligo squid, silver
hake, or black sea bass in or from the areas and during the time
periods described in Sec. 648.122(a) or (b) while in possession of any
trawl nets or netting that do not meet the minimum mesh restrictions or
that are obstructed or constricted as specified in Sec. Sec. 648.122
and 648.123(a), unless the nets or netting are stowed in accordance
with Sec. 648.123(b).
* * * * *
(127) [Reserved]
* * * * *

0
3. In Sec. 648.100, paragraph (a) is revised to read as follows:

Sec. 648.100 Catch quotas and other restrictions.

(a) Review. The Summer Flounder Monitoring Committee shall review
each year the following data, subject to availability, unless a TAL has
already been established for the upcoming calendar year as part of a
multiple-year specification process, provided that new information does
not require a modification to the multiple-year quotas, to determine
the annual allowable levels of fishing and other restrictions necessary
to achieve, with at least a 50-percent probability of success, a
fishing mortality rate (F) that produces the maximum yield per recruit
(Fmax): Commercial, recreational, and research catch data;
current estimates of fishing mortality; stock status; recent estimates
of recruitment; virtual population analysis results; levels of
noncompliance by fishermen or individual states; impact of size/mesh
regulations; sea sampling and winter trawl survey data or, if sea
sampling data are unavailable, length frequency information from the
winter trawl survey and mesh selectivity analyses; impact of gear other
than otter trawls on the mortality of summer flounder; and any other
relevant information.
* * * * *

0
4. In Sec. 648.120, paragraph (a) is revised to read as follows:

Sec. 648.120 Catch quotas and other restrictions.

(a) Review. The Scup Monitoring Committee shall review each year
the following data, subject to availability, unless a TAL already has
been established for the upcoming calendar

[[Page 311]]

year as part of a multiple-year specification process, provided that
new information does not require a modification to the multiple-year
quotas: Commercial, recreational, and research data; current estimates
of fishing mortality; stock status; recent estimates of recruitment;
virtual population analysis results; levels of noncompliance by
fishermen or individual states; impact of size/mesh regulations; impact
of gear on the mortality of scup; and any other relevant information.
This review will be conducted to determine the allowable levels of
fishing and other restrictions necessary to achieve the F that produces
the maximum yield per recruit (Fmax).
* * * * *

0
5. In Sec. 648.122, paragraph (d) is removed and reserved, and the
section heading, paragraph (a)(1), and the first two sentences of
paragraph (b)(1) are revised to read as follows:

Sec. 648.122 Season and area restrictions.

(a) * * *
(1) Restrictions. From January 1 through March 15, all trawl
vessels in the Southern Gear Restricted Area that fish for or possess
non-exempt species as specified in paragraph (a)(2) of this section
must fish with nets that have a minimum mesh size of 5.0-inch (12.7-cm)
diamond mesh, applied throughout the codend for at least 75 continuous
meshes forward of the terminus of the net. For trawl nets with codends
(including an extension) of fewer than 75 meshes, the entire trawl net
must have a minimum mesh size of 5.0 inches (12.7 cm) throughout the
net. The Southern Gear Restricted Area is an area bounded by straight
lines connecting the following points in the order stated (copies of a
chart depicting the area are available from the Regional Administrator
upon request):

Southern Gear Restricted Area
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SGA1.............................. 39[deg]20[min] 72[deg]53[min]
SGA2.............................. 39[deg]20[min] 72[deg]28[min]
SGA3.............................. 38[deg]00[min] 73[deg]58[min]
SGA4.............................. 37[deg]00[min] 74[deg]43[min]
SGA5.............................. 36[deg]30[min] 74[deg]43[min]
SGA6.............................. 36[deg]30[min] 75[deg]03[min]
SGA7.............................. 37[deg]00[min] 75[deg]03[min]
SGA8.............................. 38[deg]00[min] 74[deg]23[min]
SGA1.............................. 39[deg]20[min] 72[deg]53[min]
------------------------------------------------------------------------

* * * * *
(b) * * *
(1) * * * From November 1 through December 31, all trawl vessels in
the Northern Gear Restricted Area I that fish for or possess non-exempt
species as specified in paragraph (b)(2) of this section, 5.0-inch
(12.7 cm) diamond mesh, applied throughout the codend for at least 75
continuous meshes forward of the terminus of the net. For trawl nets
with codends (including an extension) of fewer than 75 meshes, the
entire trawl net must have a minimum mesh size of 5.0 inches (12.7 cm)
throughout the net. * * *
* * * * *
(d) [Reserved]
* * * * *

0
6. In Sec. 648.123, paragraph (a)(1) is revised to read as follows:

Sec. 648.123 Gear restrictions.

(a) * * *
(1) Minimum mesh size. No owner or operator of an otter trawl
vessel that is issued a scup moratorium permit may possess 500 lb
(226.8 kg) or more of scup from November 1 through April 30, or 200 lb
(90.7 kg) or more of scup from May 1 through October 31, unless fishing
with nets that have a minimum mesh size of 5.0-inch (12.7-cm) diamond
mesh, applied throughout the codend for at least 75 continuous meshes
forward of the terminus of the net, and all other nets are stowed in
accordance with Sec. 648.23(b)(1). For trawl nets with codends
(including an extension) of fewer than 75 meshes, the entire trawl net
must have a minimum mesh size of 5.0 inches (12.7 cm) throughout the
net. Scup on board these vessels must be stowed separately and kept
readily available for inspection. Measurement of nets will be in
conformity with Sec. 648.80(f)(2)(ii).
* * * * *

0
7. In Sec. 648.140, paragraph (a) is revised to read as follows:

Sec. 648.140 Catch quotas and other restrictions.

(a) Review. The Black Sea Bass Monitoring Committee shall review
each year the following data, subject to availability, unless a TAL
already has been established for the upcoming calendar year as part of
a multiple-year specification process, provided that new information
does not require a modification to the multiple-year quotas, to
determine the allowable levels of fishing and other restrictions
necessary to result in a target exploitation rate of 23 percent (based
on Fmax) in 2003 and subsequent years: Commercial,
recreational, and research catch data; current estimates of fishing
mortality; stock status; recent estimates of recruitment; virtual
population analysis results; levels of noncompliance by fishermen or
individual states; impact of size/mesh regulations; sea sampling and
winter trawl survey data, or if sea sampling data are unavailable,
length frequency information from the winter trawl survey and mesh
selectivity analyses; impact of gear other than otter trawls, pots and
traps on the mortality of black sea bass; and any other relevant
information.
* * * * *
[FR Doc. 04-28752 Filed 12-30-04; 9:39 am]
BILLING CODE 3510-22-P

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