Fisheries of the Northeastern United States; Recreational Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2005, 12639-12644 [05-5108]

Download as PDF Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Proposed Rules 9135, e-mail sarah.mclaughlin@noaa.gov. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration SUPPLEMENTARY INFORMATION: Background 50 CFR Part 648 [Docket No. 050304059–5059–01; I.D. 022805D] RIN 0648–AS21 Fisheries of the Northeastern United States; Recreational Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2005 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: SUMMARY: NMFS proposes recreational measures for the 2005 summer flounder, scup, and black sea bass fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the upcoming fishing year and to provide an opportunity for public comment. The intent of these measures is to prevent overfishing of the summer flounder, scup, and black sea bass resources. DATES: Comments must be received by 5 p.m. local time, on March 30, 2005. ADDRESSES: Copies of supporting documents used by the Summer Flounder, Scup, and Black Sea Bass Monitoring Committees and of the Environmental Assessment, Regulatory Impact Review, and Initial Regulatory Flexibility Analysis (EA/RIR/IRFA) are available from Daniel Furlong, Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 300 South Street, Dover, DE 19901–6790. The EA/ RIR/IRFA is also accessible via the Internet at http://www.nero.noaa.gov. You may submit comments by any of the following methods: • E-mail: FSBREC05@noaa.gov. Include in the subject line the following identifier: ‘‘Comments on Summer Flounder, Scup, and Black Sea Bass Recreational Measures.≥ • Federal e-Rulemaking portal: http:/ /www.regulations.gov. • Mail: Patricia A. Kurkul, Regional Administrator, NMFS, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of the envelope: ‘‘Comments on Recreational Measures.’’ • Fax: (978) 281–9135. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy Analyst, (978) 281–9279, fax (978) 281– VerDate jul<14>2003 13:39 Mar 14, 2005 Jkt 205001 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 Fishery Management Plan (FMP) for the Summer Flounder, Scup, and Black Sea Bass Fisheries include summer flounder (Paralichthys dentatus) in U.S. waters of the Atlantic Ocean from the southern border of North Carolina northward to the U.S./Canada border, and scup (Stenotomus chrysops) and black sea bass (Centropristis striata) in U.S. waters of the Atlantic Ocean from 35°15.3′ N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the U.S./Canada border. The FMP and its implementing regulations, which are found at 50 CFR part 648, subparts A (general provisions), G (summer flounder), H (scup), and I (black sea bass), describe the process for specifying annual recreational measures that apply in the Exclusive Economic Zone (EEZ). The states manage these fisheries within 3 miles of their coasts, under the Commission’s plan for summer flounder, scup, and black sea bass. The Federal regulations govern vessels fishing in the EEZ, as well as vessels possessing a Federal fisheries permit, regardless of where they fish. The FMP established Monitoring Committees (Committees) for the three fisheries, consisting of representatives from the Commission, the Mid-Atlantic, New England, and South Atlantic Councils, and NMFS. The FMP and its implementing regulations require the Committees to review scientific and other relevant information annually and to recommend management measures necessary to achieve the recreational harvest limits established for the summer flounder, scup, and black sea bass fisheries for the upcoming fishing year. The FMP limits these measures to minimum fish size, possession limit, and fishing season. The Council’s Demersal Species Committee and the Commission’s Summer Flounder, Scup, and Black Sea Bass Management Board (Board) then consider the Committees’ recommendations and any public comment in making their PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 12639 recommendations to the Council and the Commission, respectively. The Council then reviews the recommendations of the Demersal Species Committee, makes its own recommendations, and forwards them to NMFS for review. The Commission similarly adopts recommendations for the states. NMFS is required to review the Council’s recommendations to ensure that they are consistent with the targets specified for each species in the FMP. Final quota specifications for the 2005 summer flounder, scup, and black sea bass fisheries were published on January 4, 2005 (70 FR 303). These specifications were determined to be consistent with the 2005 target fishing mortality rate (F) (for summer flounder) and target exploitation rates (for scup and black sea bass). The 2005 coastwide recreational harvest limits are 11.98 million lb (5,434 mt) for summer flounder, 3.96 million lb (1,796 mt) for scup, and 4.13 million lb (1,873 mt) for black sea bass. The specifications did not establish recreational measures, since final recreational catch data for 2004 were not available when the Council made its recreational harvest limit recommendation to NMFS. All minimum fish sizes discussed below are total length measurements of the fish, i.e., the straight-line distance from the tip of the snout to the end of the tail while the fish is lying on its side. All possession limits discussed below are per person. Summer Flounder Overall, recreational landings for 2004 were estimated to be 10.7 million lb (4,853 mt), nearly 5 percent below the 2004 recreational harvest limit (by weight). However, the following states are projected to exceed their 2004 harvest limits when their allocations are converted to number of fish using the average weight of summer flounder harvested during 2003 and 2004: MA (16 percent over), RI (8 percent over), CT (34 percent over), NY (15 percent over), and NJ (2 percent over). The 2005 coastwide harvest limit is 11.98 million lb (5,434 mt), a 7–percent increase over the 2004 harvest limit, and 12 percent above the estimated 2004 landings. Assuming the same level of fishing effort in 2005, no reduction in landings coastwide would be required for summer flounder. However, as described below, under conservation equivalency, as recommended by the Council, MA, CT, and NY would be required to reduce summer flounder landings (in number of fish) in 2005 by 7 percent, 19 percent, and 6 percent, respectively. E:\FR\FM\15MRP1.SGM 15MRP1 12640 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Proposed Rules NMFS implemented Framework Adjustment 2 to the FMP on July 29, 2001 (66 FR 36208), which established a process that makes conservation equivalency an option for the summer flounder recreational fishery. Conservation equivalency allows each state to establish its own recreational management measures (possession limits, minimum fish size, and fishing seasons), as long as the combined effect of all of the states’ management measures achieves the same level of conservation as would Federal coastwide measures developed to achieve the recreational harvest limit, if implemented by all of the states. Conservation equivalency was approved for the 2004 summer flounder recreational fishery. The Council and Board recommend annually that either state-specific recreational measures be developed (conservation equivalency) or coastwide management measures be implemented by all states to ensure that the recreational harvest limit will not be exceeded. Even when the Council and Board recommend conservation equivalency, the Council must specify a set of coastwide measures that would apply if conservation equivalency is not approved. If conservation equivalency is recommended, and following confirmation that the proposed state measures would achieve conservation equivalency, NMFS may waive the permit condition found at § 648.4(b), which requires federally permitted vessels to comply with the more restrictive management measures when state and Federal measures differ. Federally permitted charter/party permit holders and recreational vessels fishing for summer flounder in the EEZ then would be subject to the recreational fishing measures implemented by the state in which they land summer flounder, rather than the coastwide measures. In addition, the Council and the Board must recommend precautionary default measures. The Commission would require adoption of the precautionary default measures by any state that either does not submit a summer flounder management proposal to the Commission’s Summer Flounder Technical Committee, or that submits measures that are determined by the Board not to achieve the required reduction. The precautionary default measures are defined as the set of measures that would achieve the greatest reduction in landings required for any state. In December 2004, the Council and Board voted to recommend conservation equivalency to achieve the 2005 recreational harvest limit. The VerDate jul<14>2003 13:39 Mar 14, 2005 Jkt 205001 Commission’s conservation equivalency guidelines require each state, using state-specific equivalency tables, to determine and implement an appropriate possession limit, minimum fish size, and closed season to achieve the landings reduction necessary for each state. The state-specific tables are adjusted to account for the past effectiveness of the regulations in each state. Landings projections for 2004 indicate that MA, CT, and NY will be the only states required to reduce recreational summer flounder landings in 2005, by 7 percent, 19 percent, and 6 percent, respectively. The other states (from ME to NC) would not require any reductions in recreational summer flounder landings if their current regulations are maintained. The Board required that each state submit its conservation equivalency proposal to the Commission by January 15, 2005. The Commission’s Summer Flounder Technical Committee then evaluated the proposals and advised the Board of each proposal’s consistency with respect to achieving the coastwide recreational harvest limit. The Commission has invited public participation in its review process by holding public meetings and offering the public the opportunity to comment on the state proposals. The Board met on February 7, 2005, and approved all of the state management proposals. For some states, the Board approved multiple management options. Once these states select and submit their final summer flounder management measures to the Commission, the Commission officially will notify NMFS as to which state proposals have been approved or disapproved. NMFS retains the final authority to either approve or disapprove using conservation equivalency in place of the coastwide measures and will publish its determination in the final rule establishing the 2005 recreational measures for these fisheries. States that do not submit conservation equivalency proposals, or for which proposals were disapproved by the Commission, would be required by the Commission to adopt the precautionary default measures. In the case of states that are initially assigned precautionary default measures, but subsequently receive Commission approval of revised state measures, NMFS will publish a notice in the Federal Register announcing a waiver of the permit condition at § 648.4(b). As described above, for each fishing year, NMFS implements either coastwide measures or conservation equivalent measures at the final rule stage. The coastwide measures PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 recommended by the Council and Board for 2005 are the same as those recommended for 2004 and consist of a 17–inch (43.2–cm) minimum fish size, a possession limit of four fish, and no closed season. In this action, NMFS proposes to maintain these coastwide measures in the EEZ. If implemented, the coastwide measures would reduce recreational landings by 18 percent, based on 2001 data, assuming the coastwide regulations are implemented by all states. State-specific reductions in landings would range from 0 percent in MD to 63 percent in NC. These measures would be waived if conservation equivalency is approved. The precautionary default measures specified by the Council and Board are the same as specified for 2004 and consist of an 18–inch (45.7–cm) minimum fish size, a possession limit of one fish, and no closed season. These measures would reduce recreational landings by 62 percent, based on 2001 data, assuming the coastwide regulations are implemented by all states. State-specific reductions in landings would range from 41 percent in DE to 88 percent in NC. Scup For 2005, the Total Allowable Landings of scup was maintained at the 2004 level. As a result of a slightly larger research set-aside amount for 2005 than for 2004, the 2005 scup recreational harvest limit is 3.96 million lb (1,796 mt), a less than 1–percent decrease from the 2004 harvest limit of 3.99 million lb (1,810 mt). Recreational landings in 2004 were estimated to be 4.34 million lb (1,969 mt), approximately 9 percent above the 2004 harvest limit. To achieve the 2005 target, a 9–percent reduction in landings relative to landings in 2004 is necessary. The 2005 scup recreational fishery will be managed under separate regulations for state and Federal waters; the Federal measures would apply to party/charter boats with Federal permits and other vessels subject to the possession limit that fish in the EEZ. In Federal waters, to achieve the 2005 target, the Council recommended the status quo coastwide management measures of a 10–inch (25.4–cm) minimum fish size, a 50–fish possession limit, and open seasons of January 1 through February 28, and September 7 through November 30. The Council has indicated that the status quo measures could achieve the 9–percent required reduction based on the average percent standard error (PSE) for scup landings (over the 1994–2003 period) estimated from the Marine Recreational Fisheries Statistics Survey (MRFSS). The Council E:\FR\FM\15MRP1.SGM 15MRP1 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Proposed Rules suggests that the 2005 harvest limit is within the average observed PSE’s, or margin of error for estimates of landings in pounds, and that no additional restrictions are required. As in the past 3 years, the scup fishery in state waters will be managed under a regional conservation equivalency system developed through the Commission. Addendum XI to the Interstate FMP (Addendum XI), approved by the Board at the January 2004 Council/Commission meeting, requires that the states of MA through NY each develop state-specific management measures to constrain their landings to an annual harvest level in number of fish (a total of 4.2 million fish for 2005), through a combination of minimum fish size, possession limits, and seasonal closures. Because the Federal FMP does not contain provisions for conservation equivalency, and states may adopt their own unique measures under Addendum XI, the Federal and state recreational scup management measures will differ for the 2005 season. At the February 7, 2005, meeting, the Board approved a regional management proposal for MA through NY that would allow a season of at least 120 days, a minimum fish size of 10.5 inches (26.7 cm), and a common possession limit (25 fish for private vessels and shore-based anglers; and 60 fish for party/charter vessels, dropping to 25 fish after a 2– month period). The Board indicated that it would allow MA through NY to set a more conservative, i.e., higher, minimum fish size to allow for longer open seasons. These northern states are expected to submit their final management measures to the Commission by April 1, 2005. For NJ, the Board approved measures of a 9– inch (22.9–cm) minimum size, a 50–fish possession limit, and open seasons of January 1 through February 28, and July 1 through December 31, with the provision that, if NJ’s catch exceeds 3 percent of the total coastwide catch for 2005, the minimum size will revert to 10 inches (25.4 cm) (the minimum size implemented for the 2004 fishing season). Due to low scup landings in the southern states, DE through NC, the Board approved the retention of status quo management measures, i.e., an 8– inch (20.3–cm) minimum fish size, a 50–fish possession limit, and no closed season. Disapproval of Council’s Preferred Scup Alternative and Request for Public Comment After careful review, NMFS has decided to disapprove the Council’s scup recommendation (Scup Alternative VerDate jul<14>2003 13:39 Mar 14, 2005 Jkt 205001 1, the Council’s Preferred Scup Alternative) because analysis of the materials considered by the Scup Monitoring Committee indicates that accepting this recommendation would not result in the achievement of the 2005 scup recreational target. The Council’s recommendation to maintain the status quo measures for scup would result in a deviation from how NMFS has managed the Federal recreational scup fishery, i.e., through the setting of minimum fish size, possession limits, and fishing seasons that are determined to achieve the landings reductions needed to achieve the FMP’s target exploitation rate. Further, the approach suggested by the Council has not undergone technical review by the Scup Monitoring Committee. The Council submission also analyzed the following two alternatives that are expected to reduce recreational landings by the required 9 percent: (1) A 10–inch (25.4–cm) minimum fish size, a 50–fish possession limit, and open seasons of January 1 through February 28, and September 18 through November 30; and (2) a 10–inch (25.4–cm) minimum fish size, a 50–fish possession limit, and open seasons of January 1 through February 28, and September 12 through September 30. NMFS is hereby requesting public comment on these alternatives (defined later in this document and referred to as Scup Alternatives 2 and 3, respectively) for possible implementation in the final rule. The impacts associated with Scup Alternatives 2 and 3 are described in the Council’s submission and are summarized in the Classification section of this proposed rule. NMFS is proposing Scup Alternative 2 for publication in the proposed regulatory text. However, depending upon public comment, NMFS may instead implement Scup Alternative 3. Should Scup Alternative 3 ultimately be chosen, NMFS will publish the corresponding regulations in the final rule. Black Sea Bass Recreational landings in 2004 were estimated to be 1.72 million lb (780 mt), 57 percent below the 2004 target of 4.01 million lb (1,819 mt). Because the 2005 black sea bass recreational harvest limit is 4.13 million lb (1,873 mt), a 3–percent increase from the 2004 harvest limit, no coastwide reduction in landings is required. Currently, the Federal coastwide black sea bass recreational measures are: A 25–fish possession limit; a minimum size of 12 inches (30.5 cm); and open seasons of January 1 through September 7, and September 22 through November PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 12641 30. The Council and Board have approved measures that would maintain the 25–fish possession limit and the 12– inch (30.5–cm) minimum size, but would implement an open season of January 1 through December 31. These measures are expected to constrain recreational black sea bass landings to the 2005 target. Corrections to the Summer Flounder and Scup Regulations In addition to the specification of the 2005 recreational management measures for the summer flounder, scup, and black sea bass fisheries, this proposed rule contains two proposed corrections to the regulations at § 648.104. In the final rule to implement measures contained in Framework Adjustment 5 to the FMP (69 FR 62818, October 28, 2004), the paragraph referring to the requirements of the summer flounder small-mesh exemption area letter of authorization was inadvertently published as § 648.104(b)(1)(I) rather than § 648.104(b)(1)(i). This proposed rule would correct that reference. In the final rule to implement the 2005 annual summer flounder, scup, and black sea bass specifications, and other commercial scup measures (70 FR 303, January 4, 2005), the threshhold level to trigger the scup minimum mesh size requirement for otter trawl vessels during the scup Summer period (May 1 through October 31) was increased from 100 lb (45.4 kg) to 200 lb (90.7 kg). This change should also have been reflected in § 648.104(e), the paragraph regarding stowage of nets by trawl vessels fishing for scup. This proposed rule would make that change to be consistent with the threshhold level listed in the minimum mesh size regulations. Classification This proposed rule has been determined to be not significant for purposes of Executive Order 12866. The Council prepared an IRFA that describes the economic impact this proposed rule, if adopted, would have on small entities. A description of the action, why it is being considered, and the legal basis for this action are contained in the preamble to this proposed rule. This proposed rule does not duplicate, overlap, or conflict with other Federal rules. A copy of the complete IRFA is available from the Council (see ADDRESSES). A summary of the analysis follows. The proposed action could affect any recreational angler who fishes for summer flounder, scup, or black sea bass in the EEZ or on a party/charter vessel issued a Federal permit for E:\FR\FM\15MRP1.SGM 15MRP1 12642 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Proposed Rules summer flounder, scup, and/or black sea bass. However, the IRFA focuses upon the impacts on party/charter vessels issued a Federal permit for summer flounder, scup, and/or black sea bass because these vessels are considered small business entities for the purposes of the Regulatory Flexibility Act (RFA), i.e., businesses with receipts (gross revenues) of up to $3.5 million. These small entities can be specifically identified in the Federal vessel permit database and would be impacted by the recreational measures, regardless of whether they fish in Federal or state waters. Although individual recreational anglers are likely to be impacted, they are not considered small entities under the RFA. Also, there is no permit requirement to participate in these fisheries; thus, it would be difficult to quantify any impacts on recreational anglers in general. The Council estimated that the proposed measures could affect any of the 777 vessels possessing a Federal charter/party permit for summer flounder, scup, and/or black sea bass in 2003, the most recent year for which complete permit data are available. However, only 337 of these vessels reported active participation in the recreational summer flounder, scup, and/or black sea bass fisheries in 2003. In the EA/IRFA, the no-action alternative (i.e., maintenance of the regulations as codified) is defined as implementation of the following: (1) For summer flounder, coastwide measures of a 17–inch (43.2–cm) minimum fish size, a 4–fish possession limit, and no closed season, i.e., the measure that would be implemented if conservation equivalency is not implemented in the final rule; (2) for scup, a 10–inch (25.4– cm) minimum fish size, a 50–fish possession limit, and open seasons of January 1 through February 28, and September 7 through November 30; and (3) for black sea bass, a 12–inch (30.5– cm) minimum size, a 25–fish possession limit, and an open season of January 1 through September 7, and September 22 through November 30. The implications of the no-action alternative are substantial. For summer flounder, reductions in landings would range from 0 percent in MD to 63 percent in NC. The no-action alternative (i.e., maintenance of the regulations as codified) would not be restrictive enough to effect the recommended 9– percent reduction in scup landings relative to 2004, but would constrain black sea bass landings to the harvest limit for 2005. In consideration of the recreational harvest limits established for the 2005 fishing year, taking no VerDate jul<14>2003 13:39 Mar 14, 2005 Jkt 205001 action in the summer flounder and scup fisheries would be inconsistent with the goals and objectives of the FMP and its implementing regulations because the coastwide summer flounder measures are more restrictive than necessary for most states and likely would not restrict recreational scup landings to the 2005 harvest limit. Because it could result in overfishing of the scup fishery, taking no action also would be inconsistent with National Standard 1 of the Magnuson-Stevens Fishery Conservation and Management Act. Effects of the various management measures were analyzed by employing quantitative approaches, to the extent possible. Where quantitative data were not available, the Council conducted qualitative analyses. Although NMFS’s RFA guidance recommends assessing changes in profitability as a result of proposed measures, the quantitative impacts were instead evaluated using changes in party/charter vessel revenues as a proxy for profitability. This is because reliable cost data are not available for these fisheries. Without reliable cost data, profits cannot be discriminated from gross revenues. As reliable cost data become available, impacts to profitability can be more accurately forecast. Similarly, changes to long-term solvency were not assessed due both to the absence of cost data and because the recreational management measures change annually according to the specification-setting process. Assessments of potential changes in gross revenues for all 18 combinations of alternatives proposed in this action were conducted for federally permitted party/charter vessels in each state in the Northeast Region (NE). Management measures proposed under the summer flounder conservation equivalency alternative have yet to be adopted; therefore, potential losses under this alternative could not be analyzed in conjunction with alternatives proposed for scup and black sea bass. Since conservation equivalency allows each state to tailor specific recreational fishing measures to the needs of that state, while still achieving conservation goals, it is likely that the measures developed under this alternative, when considered in combination with the measures proposed for scup and black sea bass, would have fewer overall adverse effects than any of the other combinations that were analyzed. Impacts were examined by first estimating the number of angler trips aboard party/charter vessels in each state in 2004 that would have been affected by the proposed 2005 management measures. All 2004 party/ charter fishing trips that would have PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 been constrained by the proposed 2005 measures in each state were considered to be affected trips. There is very little information available to estimate empirically how sensitive the affected party/charter vessel anglers might be to the proposed fishing regulations, with the exception of states for which the contribution of summer flounder, scup, and black sea bass to the total catch by party/charter vessels is negligible (ME and NH) and DE, for which results are suppressed for confidentiality purposes. If the proposed measures discourage triptaking behavior among some of the affected anglers, economic losses may accrue to the party/charter vessel industry in the form of reduced access fees. On the other hand, if the proposed measures do not have a negative impact on the value or satisfaction the affected anglers derive from their fishing trips, party/charter revenues would remain unaffected by this action. In an attempt to estimate the potential changes in gross revenues to the party/charter vessel industry in each state, two hypothetical scenarios were considered: A 25–percent reduction, and a 50– percent reduction, in the number of fishing trips that are predicted to be affected by implementation of the management measures in the NE (ME through NC) in 2005. Total economic losses to party/charter vessels were then estimated by multiplying the number of potentially affected trips in each state in 2005, under the two hypothetical scenarios, by the estimated average access fee paid by party/charter anglers in the NE in 2004. Finally, total economic losses were divided by the number of federally permitted party/charter vessels that participated in the summer flounder, scup, and/or, black sea bass fisheries in 2003 in each state (according to homeport state in the NE database) to obtain an estimate of the average projected gross revenue loss per party/ charter vessel in 2005. The MRFSS data indicate that anglers fished 33.94 million days in 2004 in the NE. In the NE, party/charter anglers comprised about 5 percent of the angler fishing days. The number of trips in each state ranged from approximately 39,000 in CT to approximately 433,000 in NJ. The number of trips that targeted summer flounder, scup, and/or black sea bass was identified, as appropriate, for each measure, and the number of trips that would be impacted by the proposed measures was estimated. Finally, the revenue impacts were estimated by calculating the average fee paid by anglers on party/charter vessels in the NE in 2004 ($38.93 per angler), E:\FR\FM\15MRP1.SGM 15MRP1 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Proposed Rules and the revenue impacts on individual vessels were estimated. The analysis assumed that angler effort and catch rates in 2005 will be similar to 2004. The Council noted that this method is likely to result in overestimation of the potential revenue losses that would result from implementation of the proposed coastwide measures in these three fisheries for several reasons. First, the analysis likely overestimates the potential revenue impacts of these measures because some anglers would continue to take party/charter vessel trips, even if the restrictions limit their landings. Also, some anglers may engage in catch and release fishing and/ or target other species. It was not possible to estimate the sensitivity of anglers to specific management measures. Second, the universe of party/ charter vessels that participate in the fisheries is likely to be even larger than presented in these analyses, as party/ charter vessels that do not possess a Federal summer flounder, scup, or black sea bass permit because they fish only in state waters are not represented in the analyses. Considering the large proportion of landings from state waters (more than 90 percent of summer flounder and scup landings in 2003), it is probable that some party/charter vessels fish only in state waters and, thus, do not hold Federal permits for these fisheries. Third, vessels that hold only state permits likely will be fishing under different, potentially less restrictive, recreational measures for summer flounder in state waters, if such program is implemented in the final rule, and for scup in state waters under the Commission’s scup conservation equivalency program. Impacts of Summer Flounder Alternatives The proposed action for the summer flounder recreational fishery would limit coastwide catch to 11.98 million lb (5,434 mt) by imposing coastwide Federal measures throughout the EEZ. As described earlier, upon confirmation that the proposed state measures would achieve conservation equivalency, NMFS may waive the permit condition found at § 648.4(b), which requires federally permitted vessels to comply with the more restrictive management measures when state and Federal measures differ. Federally permitted charter/party permit holders and recreational vessels fishing for summer flounder in the EEZ then would be subject to the recreational fishing measures implemented by the state in which they land summer flounder, rather than the coastwide measures. VerDate jul<14>2003 13:39 Mar 14, 2005 Jkt 205001 The impact of the proposed summer flounder conservation equivalency alternative (in Summer Flounder Alternative 1) among states is likely to be similar to the level of landings reductions that are required of each state. As indicated above, only MA, CT, and NY would be required to reduce summer flounder landings in 2005, relative to their 2004 landings (by 7 percent, 19 percent, and 6 percent, respectively). If the preferred conservation equivalency alternative is effective at achieving the recreational harvest limit, then it is likely to be the only alternative that minimizes adverse economic impacts, to the extent practicable, yet achieves the biological objectives of the FMP. Because states have a choice, it is more rational (and is expected) that the states would adopt conservation equivalent measures that result in fewer adverse economic impacts than the much more restrictive precautionary default measures (i.e., only one fish measuring at least 18 inches (45.7 cm)). Therefore, the precautionary default provision that is included in the conservation equivalency proposal was not analyzed as a stand-alone provision. The statespecific landings reductions (relative to landings in these states in 2004) associated with the precautionary default measures, consisting of an 18– inch (45.7–cm) minimum fish size, a one-fish possession limit, and no closed season, would range from 41 percent (DE) to 88 percent (NC). The impacts of the proposed, noaction summer flounder coastwide alternative (Summer Flounder Alternative 2), i.e., a 17–inch (43.2–cm) minimum fish size, a four-fish possession limit, and no closed season, were evaluated using the quantitative method described above. Impacted trips were defined as individual angler trips taken aboard party/charter vessels in 2004 that landed at least one summer flounder smaller than 17 inches (43.2 cm), or that landed more than four summer flounder. The analysis concluded that the measures would affect 0.5 percent of the party/charter vessel trips in the NE. Impacts of Scup Alternatives The proposed action for scup would limit coastwide landings to 3.96 million lb (1,796 mt) and reduce landings by at least 9 percent compared to 2004. For Scup Alternative 1 (a 10–inch (25.4–cm) minimum fish size, a 50–fish possession limit, and open seasons of January 1 through February 28, and September 7 through November 30) , the no-action alternative and the Council’s preferred scup alternative, impacted PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 12643 trips were defined as individual angler trips taken aboard party/charter vessels in 2004 that landed at least 1 scup smaller than 10 inches (25.4 cm), that landed more than 50 scup, or that landed at least 1 scup during the proposed closed seasons of March 1 through September 6, and December 1 through December 31. The analysis concluded that the measures would affect 2.6 percent of party/charter vessel trips in the NE. For Scup Alternative 2 (a 10–inch (25.4–cm) minimum fish size, a 50–fish possession limit, and open seasons of January 1 through February 28, and September 18 through November 30), the proposed action, impacted trips were defined as individual angler trips taken aboard party/charter vessels in 2004 that landed at least 1 scup smaller than 10 inches (25.4 cm), that landed more than 50 scup, or that landed at least 1 scup during the periods of March 1 through September 17, and December 1 through December 31. The analysis concluded that the measures would affect 3.2 percent of party/charter vessel trips in the NE. For the non-preferred scup measures (Scup Alternative 3: A 10–inch (25.4– cm) minimum fish size, a 50–fish possession limit, and open seasons of January 1 through February 28, and September 12 through September 30), impacted trips were defined as individual angler trips taken aboard party/charter vessels in 2004 that landed at least 1 scup smaller than 10 inches (25.4 cm), that landed more than 50 scup, or that landed at least 1 scup during the period March 1 through September 11, and October 1 through December 31. The analysis concluded that the measures in this alternative would affect 3.8 percent of party/charter vessel trips in the NE. Impacts of Black Sea Bass Alternatives The proposed action for black sea bass would limit coastwide landings to 4.13 million lb (1,873 mt). For the preferred black sea bass alternative (Black Sea Bass Alternative 1: A 12–inch (30.5–cm) minimum size, a 25–fish possession limit, and an open season of January 1 through December 31), impacted trips were defined as individual angler trips taken aboard party/charter vessels in 2004 that landed at least 1 black sea bass smaller than 12 inches (30.5 cm), or that landed more than 25 black sea bass. The analysis concluded that the measures would affect 0.1 percent of party/charter vessel trips in the NE. For Black Sea Bass Alternative 2 (a 12–inch (30.5–cm) minimum size, a 25– fish possession limit, and an open season of January 1 through September E:\FR\FM\15MRP1.SGM 15MRP1 12644 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Proposed Rules 7, and September 22 through November 30), the no-action and non-preferred alternative, impacted trips were defined as individual angler trips taken aboard party/charter vessels in 2004 that landed at least 1 black sea bass smaller than 12 inches (30.5 cm), that landed more than 25 black sea bass, or that landed at least 1 black sea bass during the period September 8 through September 21, and December 1 through December 31. The analysis concluded that the measures would affect 0.2 percent of party/charter vessel trips in the NE. For the non-preferred black sea bass measures considered in Black Sea Bass Alternative 3 (a 12–inch (30.5–cm) minimum size, a 25–fish possession limit, and an open season of January 1 through November 30), impacted trips were defined as individual angler trips taken aboard party/charter vessels in 2004 that landed at least 1 black sea bass smaller than 12 inches (30.5 cm), that landed more than 25 black sea bass, or that landed at least 1 black sea bass during the period of December 1 through December 31. The analysis concluded that the measures would affect 0.1 percent of party/charter trips in the NE. Combined Impacts of Summer Flounder, Scup, and Black Sea Bass Alternatives Since the management measures under Summer Flounder Alternative 1 (i.e., conservation equivalency) have yet to be adopted, the effort effects of this alternative could not be analyzed in conjunction with the alternatives proposed for scup and black sea bass. The percent of total party/charter vessel trips in the NE that were estimated to be affected by the other alternatives ranged from a low of 3 percent for the combination of measures proposed under Summer Flounder Alternative 2, Scup Alternative 1, and Black Sea Bass Alternative 1 or 3; to a high of 10.8 percent for the precautionary default measures for summer flounder (considered in Summer Flounder Alternative 1) combined with the measures proposed under Scup Alternative 3 and Black Sea Bass Alternative 2. Potential revenue losses in 2005 could differ for party/charter vessels that land more than one of the regulated species. The cumulative maximum gross revenue loss per vessel varies by the combination of permits held and by VerDate jul<14>2003 13:39 Mar 14, 2005 Jkt 205001 state. All 18 potential combinations of management alternatives proposed for summer flounder, scup, and black sea bass are predicted to affect party/charter vessel revenues to some extent in 9 of the 11 NE coastal states. Angler effort aboard party/charter vessels in 2005 in ME and NH is not predicted to be constrained (i.e., affected) by the proposed measures, thus party/charter revenues for vessels operating in these states are not estimated to be impacted. In addition, although potential losses were estimated for party/charter vessels operating out of DE, these results are suppressed for confidentiality purposes. Average party/charter losses for federally permitted vessels operating in the remaining states are estimated to vary considerably across the 18 combinations of alternatives. For instance, in NY, average losses are predicted to range from $1,917 per vessel under the combined effects of Summer Flounder Alternative 2, Scup Alternative 1, and Black Sea Bass Alternative 1, to $8,817 per vessel under the combined effects of the summer flounder precautionary default (considered in Summer Flounder Alternative 1), Scup Alternative 3, and Black Sea Bass Alternative 3 (assuming a 25–percent reduction in affected effort). There are no new reporting or recordkeeping requirements contained in any of the alternatives considered for this action. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: March 10, 2005. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority: 16 U.S.C. 1801 et seq. 2. In § 648.104, the first sentence of paragraph (b)(1) is revised to read as follows: § 648.104 * PO 00000 Gear restrictions. * * (b) * * * Frm 00033 * Fmt 4702 * (1) Vessels issued a summer flounder moratorium permit, a summer flounder small-mesh exemption area letter of authorization (LOA), required under paragraph (b)(1)(i) of this section, and fishing from November 1 through April 30 in the exemption area, which is east of the line that follows 72°30.0′ W. long. until it intersects the outer boundary of the EEZ (copies of a map depicting the area are available upon request from the Regional Administrator). * * * * * * * * 3. In § 648.122, paragraph (g) is revised to read as follows: § 648.122 Season and area restrictions. * * * * * (g) Time restrictions. Vessels that are not eligible for a moratorium permit under § 648.4(a)(6), and fishermen subject to the possession limit, may not possess scup, except from January 1 through the last day of February, and from September 18 through November 30. This time period may be adjusted pursuant to the procedures in § 648.120. 4. In § 648.123, the first sentence of paragraph (a)(5) is revised to read as follows: § 648.123 Gear restrictions. (a) * * * (5) * * * The owner or operator of an otter trawl vessel retaining 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, and subject to the minimum mesh requirements in paragraph (a)(1) of this section, and the owner or operator of a midwater trawl or other trawl vessel subject to the minimum size requirement in § 648.122, may not have available for immediate use any net, or any piece of net, not meeting the minimum mesh size requirement, or mesh that is rigged in a manner that is inconsistent with the minimum mesh size. * * * * * * * * 5. Section 648.142 is revised to read as follows: § 648.142 Time restrictions. Vessels that are not eligible for a moratorium permit under § 648.4(a)(7), and fishermen subject to the possession limit, may possess black sea bass from January 1 through December 31, unless this time period is adjusted pursuant to the procedures in § 648.140. [FR Doc. 05–5108 Filed 3–14–05; 8:45 am] BILLING CODE 3510–22–S Sfmt 4702 E:\FR\FM\15MRP1.SGM 15MRP1

Agencies

[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Proposed Rules]
[Pages 12639-12644]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5108]



[[Page 12639]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 050304059-5059-01; I.D. 022805D]
RIN 0648-AS21


Fisheries of the Northeastern United States; Recreational 
Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; 
Fishing Year 2005

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes recreational measures for the 2005 summer 
flounder, scup, and black sea bass fisheries. The implementing 
regulations for these fisheries require NMFS to publish recreational 
measures for the upcoming fishing year and to provide an opportunity 
for public comment. The intent of these measures is to prevent 
overfishing of the summer flounder, scup, and black sea bass resources.

DATES: Comments must be received by 5 p.m. local time, on March 30, 
2005.

ADDRESSES: Copies of supporting documents used by the Summer Flounder, 
Scup, and Black Sea Bass Monitoring Committees and of the Environmental 
Assessment, Regulatory Impact Review, and Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) are available from Daniel Furlong, 
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, 
Federal Building, 300 South Street, Dover, DE 19901-6790. The EA/RIR/
IRFA is also accessible via the Internet at http://www.nero.noaa.gov.
    You may submit comments by any of the following methods:
     E-mail: FSBREC05@noaa.gov. Include in the subject line the 
following identifier: ``Comments on Summer Flounder, Scup, and Black 
Sea Bass Recreational Measures.
     Federal e-Rulemaking portal: http://www.regulations.gov.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope: ``Comments on Recreational 
Measures.''
     Fax: (978) 281-9135.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy 
Analyst, (978) 281-9279, fax (978) 281-9135, e-mail 
sarah.mclaughlin@noaa.gov.

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 Fishery Management Plan (FMP) 
for the Summer Flounder, Scup, and Black Sea Bass Fisheries include 
summer flounder (Paralichthys dentatus) in U.S. waters of the Atlantic 
Ocean from the southern border of North Carolina northward to the U.S./
Canada border, and scup (Stenotomus chrysops) and black sea bass 
(Centropristis striata) in U.S. waters of the Atlantic Ocean from 
35[deg]15.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, 
NC) northward to the U.S./Canada border.
    The FMP and its implementing regulations, which are found at 50 CFR 
part 648, subparts A (general provisions), G (summer flounder), H 
(scup), and I (black sea bass), describe the process for specifying 
annual recreational measures that apply in the Exclusive Economic Zone 
(EEZ). The states manage these fisheries within 3 miles of their 
coasts, under the Commission's plan for summer flounder, scup, and 
black sea bass. The Federal regulations govern vessels fishing in the 
EEZ, as well as vessels possessing a Federal fisheries permit, 
regardless of where they fish.
    The FMP established Monitoring Committees (Committees) for the 
three fisheries, consisting of representatives from the Commission, the 
Mid-Atlantic, New England, and South Atlantic Councils, and NMFS. The 
FMP and its implementing regulations require the Committees to review 
scientific and other relevant information annually and to recommend 
management measures necessary to achieve the recreational harvest 
limits established for the summer flounder, scup, and black sea bass 
fisheries for the upcoming fishing year. The FMP limits these measures 
to minimum fish size, possession limit, and fishing season.
    The Council's Demersal Species Committee and the Commission's 
Summer Flounder, Scup, and Black Sea Bass Management Board (Board) then 
consider the Committees' recommendations and any public comment in 
making their recommendations to the Council and the Commission, 
respectively. The Council then reviews the recommendations of the 
Demersal Species Committee, makes its own recommendations, and forwards 
them to NMFS for review. The Commission similarly adopts 
recommendations for the states. NMFS is required to review the 
Council's recommendations to ensure that they are consistent with the 
targets specified for each species in the FMP.
    Final quota specifications for the 2005 summer flounder, scup, and 
black sea bass fisheries were published on January 4, 2005 (70 FR 303). 
These specifications were determined to be consistent with the 2005 
target fishing mortality rate (F) (for summer flounder) and target 
exploitation rates (for scup and black sea bass). The 2005 coastwide 
recreational harvest limits are 11.98 million lb (5,434 mt) for summer 
flounder, 3.96 million lb (1,796 mt) for scup, and 4.13 million lb 
(1,873 mt) for black sea bass. The specifications did not establish 
recreational measures, since final recreational catch data for 2004 
were not available when the Council made its recreational harvest limit 
recommendation to NMFS.
    All minimum fish sizes discussed below are total length 
measurements of the fish, i.e., the straight-line distance from the tip 
of the snout to the end of the tail while the fish is lying on its 
side. All possession limits discussed below are per person.

Summer Flounder

    Overall, recreational landings for 2004 were estimated to be 10.7 
million lb (4,853 mt), nearly 5 percent below the 2004 recreational 
harvest limit (by weight). However, the following states are projected 
to exceed their 2004 harvest limits when their allocations are 
converted to number of fish using the average weight of summer flounder 
harvested during 2003 and 2004: MA (16 percent over), RI (8 percent 
over), CT (34 percent over), NY (15 percent over), and NJ (2 percent 
over). The 2005 coastwide harvest limit is 11.98 million lb (5,434 mt), 
a 7-percent increase over the 2004 harvest limit, and 12 percent above 
the estimated 2004 landings. Assuming the same level of fishing effort 
in 2005, no reduction in landings coastwide would be required for 
summer flounder. However, as described below, under conservation 
equivalency, as recommended by the Council, MA, CT, and NY would be 
required to reduce summer flounder landings (in number of fish) in 2005 
by 7 percent, 19 percent, and 6 percent, respectively.

[[Page 12640]]

    NMFS implemented Framework Adjustment 2 to the FMP on July 29, 2001 
(66 FR 36208), which established a process that makes conservation 
equivalency an option for the summer flounder recreational fishery. 
Conservation equivalency allows each state to establish its own 
recreational management measures (possession limits, minimum fish size, 
and fishing seasons), as long as the combined effect of all of the 
states' management measures achieves the same level of conservation as 
would Federal coastwide measures developed to achieve the recreational 
harvest limit, if implemented by all of the states. Conservation 
equivalency was approved for the 2004 summer flounder recreational 
fishery.
    The Council and Board recommend annually that either state-specific 
recreational measures be developed (conservation equivalency) or 
coastwide management measures be implemented by all states to ensure 
that the recreational harvest limit will not be exceeded. Even when the 
Council and Board recommend conservation equivalency, the Council must 
specify a set of coastwide measures that would apply if conservation 
equivalency is not approved. If conservation equivalency is 
recommended, and following confirmation that the proposed state 
measures would achieve conservation equivalency, NMFS may waive the 
permit condition found at Sec.  648.4(b), which requires federally 
permitted vessels to comply with the more restrictive management 
measures when state and Federal measures differ. Federally permitted 
charter/party permit holders and recreational vessels fishing for 
summer flounder in the EEZ then would be subject to the recreational 
fishing measures implemented by the state in which they land summer 
flounder, rather than the coastwide measures. In addition, the Council 
and the Board must recommend precautionary default measures. The 
Commission would require adoption of the precautionary default measures 
by any state that either does not submit a summer flounder management 
proposal to the Commission's Summer Flounder Technical Committee, or 
that submits measures that are determined by the Board not to achieve 
the required reduction. The precautionary default measures are defined 
as the set of measures that would achieve the greatest reduction in 
landings required for any state.
    In December 2004, the Council and Board voted to recommend 
conservation equivalency to achieve the 2005 recreational harvest 
limit. The Commission's conservation equivalency guidelines require 
each state, using state-specific equivalency tables, to determine and 
implement an appropriate possession limit, minimum fish size, and 
closed season to achieve the landings reduction necessary for each 
state. The state-specific tables are adjusted to account for the past 
effectiveness of the regulations in each state. Landings projections 
for 2004 indicate that MA, CT, and NY will be the only states required 
to reduce recreational summer flounder landings in 2005, by 7 percent, 
19 percent, and 6 percent, respectively. The other states (from ME to 
NC) would not require any reductions in recreational summer flounder 
landings if their current regulations are maintained.
    The Board required that each state submit its conservation 
equivalency proposal to the Commission by January 15, 2005. The 
Commission's Summer Flounder Technical Committee then evaluated the 
proposals and advised the Board of each proposal's consistency with 
respect to achieving the coastwide recreational harvest limit. The 
Commission has invited public participation in its review process by 
holding public meetings and offering the public the opportunity to 
comment on the state proposals. The Board met on February 7, 2005, and 
approved all of the state management proposals. For some states, the 
Board approved multiple management options. Once these states select 
and submit their final summer flounder management measures to the 
Commission, the Commission officially will notify NMFS as to which 
state proposals have been approved or disapproved. NMFS retains the 
final authority to either approve or disapprove using conservation 
equivalency in place of the coastwide measures and will publish its 
determination in the final rule establishing the 2005 recreational 
measures for these fisheries.
    States that do not submit conservation equivalency proposals, or 
for which proposals were disapproved by the Commission, would be 
required by the Commission to adopt the precautionary default measures. 
In the case of states that are initially assigned precautionary default 
measures, but subsequently receive Commission approval of revised state 
measures, NMFS will publish a notice in the Federal Register announcing 
a waiver of the permit condition at Sec.  648.4(b).
    As described above, for each fishing year, NMFS implements either 
coastwide measures or conservation equivalent measures at the final 
rule stage. The coastwide measures recommended by the Council and Board 
for 2005 are the same as those recommended for 2004 and consist of a 
17-inch (43.2-cm) minimum fish size, a possession limit of four fish, 
and no closed season. In this action, NMFS proposes to maintain these 
coastwide measures in the EEZ. If implemented, the coastwide measures 
would reduce recreational landings by 18 percent, based on 2001 data, 
assuming the coastwide regulations are implemented by all states. 
State-specific reductions in landings would range from 0 percent in MD 
to 63 percent in NC. These measures would be waived if conservation 
equivalency is approved.
    The precautionary default measures specified by the Council and 
Board are the same as specified for 2004 and consist of an 18-inch 
(45.7-cm) minimum fish size, a possession limit of one fish, and no 
closed season. These measures would reduce recreational landings by 62 
percent, based on 2001 data, assuming the coastwide regulations are 
implemented by all states. State-specific reductions in landings would 
range from 41 percent in DE to 88 percent in NC.

Scup

    For 2005, the Total Allowable Landings of scup was maintained at 
the 2004 level. As a result of a slightly larger research set-aside 
amount for 2005 than for 2004, the 2005 scup recreational harvest limit 
is 3.96 million lb (1,796 mt), a less than 1-percent decrease from the 
2004 harvest limit of 3.99 million lb (1,810 mt). Recreational landings 
in 2004 were estimated to be 4.34 million lb (1,969 mt), approximately 
9 percent above the 2004 harvest limit. To achieve the 2005 target, a 
9-percent reduction in landings relative to landings in 2004 is 
necessary.
    The 2005 scup recreational fishery will be managed under separate 
regulations for state and Federal waters; the Federal measures would 
apply to party/charter boats with Federal permits and other vessels 
subject to the possession limit that fish in the EEZ. In Federal 
waters, to achieve the 2005 target, the Council recommended the status 
quo coastwide management measures of a 10-inch (25.4-cm) minimum fish 
size, a 50-fish possession limit, and open seasons of January 1 through 
February 28, and September 7 through November 30. The Council has 
indicated that the status quo measures could achieve the 9-percent 
required reduction based on the average percent standard error (PSE) 
for scup landings (over the 1994-2003 period) estimated from the Marine 
Recreational Fisheries Statistics Survey (MRFSS). The Council

[[Page 12641]]

suggests that the 2005 harvest limit is within the average observed 
PSE's, or margin of error for estimates of landings in pounds, and that 
no additional restrictions are required.
    As in the past 3 years, the scup fishery in state waters will be 
managed under a regional conservation equivalency system developed 
through the Commission. Addendum XI to the Interstate FMP (Addendum 
XI), approved by the Board at the January 2004 Council/Commission 
meeting, requires that the states of MA through NY each develop state-
specific management measures to constrain their landings to an annual 
harvest level in number of fish (a total of 4.2 million fish for 2005), 
through a combination of minimum fish size, possession limits, and 
seasonal closures. Because the Federal FMP does not contain provisions 
for conservation equivalency, and states may adopt their own unique 
measures under Addendum XI, the Federal and state recreational scup 
management measures will differ for the 2005 season.
    At the February 7, 2005, meeting, the Board approved a regional 
management proposal for MA through NY that would allow a season of at 
least 120 days, a minimum fish size of 10.5 inches (26.7 cm), and a 
common possession limit (25 fish for private vessels and shore-based 
anglers; and 60 fish for party/charter vessels, dropping to 25 fish 
after a 2-month period). The Board indicated that it would allow MA 
through NY to set a more conservative, i.e., higher, minimum fish size 
to allow for longer open seasons. These northern states are expected to 
submit their final management measures to the Commission by April 1, 
2005. For NJ, the Board approved measures of a 9-inch (22.9-cm) minimum 
size, a 50-fish possession limit, and open seasons of January 1 through 
February 28, and July 1 through December 31, with the provision that, 
if NJ's catch exceeds 3 percent of the total coastwide catch for 2005, 
the minimum size will revert to 10 inches (25.4 cm) (the minimum size 
implemented for the 2004 fishing season). Due to low scup landings in 
the southern states, DE through NC, the Board approved the retention of 
status quo management measures, i.e., an 8-inch (20.3-cm) minimum fish 
size, a 50-fish possession limit, and no closed season.

Disapproval of Council's Preferred Scup Alternative and Request for 
Public Comment

    After careful review, NMFS has decided to disapprove the Council's 
scup recommendation (Scup Alternative 1, the Council's Preferred Scup 
Alternative) because analysis of the materials considered by the Scup 
Monitoring Committee indicates that accepting this recommendation would 
not result in the achievement of the 2005 scup recreational target. The 
Council's recommendation to maintain the status quo measures for scup 
would result in a deviation from how NMFS has managed the Federal 
recreational scup fishery, i.e., through the setting of minimum fish 
size, possession limits, and fishing seasons that are determined to 
achieve the landings reductions needed to achieve the FMP's target 
exploitation rate. Further, the approach suggested by the Council has 
not undergone technical review by the Scup Monitoring Committee.
    The Council submission also analyzed the following two alternatives 
that are expected to reduce recreational landings by the required 9 
percent: (1) A 10-inch (25.4-cm) minimum fish size, a 50-fish 
possession limit, and open seasons of January 1 through February 28, 
and September 18 through November 30; and (2) a 10-inch (25.4-cm) 
minimum fish size, a 50-fish possession limit, and open seasons of 
January 1 through February 28, and September 12 through September 30. 
NMFS is hereby requesting public comment on these alternatives (defined 
later in this document and referred to as Scup Alternatives 2 and 3, 
respectively) for possible implementation in the final rule. The 
impacts associated with Scup Alternatives 2 and 3 are described in the 
Council's submission and are summarized in the Classification section 
of this proposed rule.
    NMFS is proposing Scup Alternative 2 for publication in the 
proposed regulatory text. However, depending upon public comment, NMFS 
may instead implement Scup Alternative 3. Should Scup Alternative 3 
ultimately be chosen, NMFS will publish the corresponding regulations 
in the final rule.

Black Sea Bass

    Recreational landings in 2004 were estimated to be 1.72 million lb 
(780 mt), 57 percent below the 2004 target of 4.01 million lb (1,819 
mt). Because the 2005 black sea bass recreational harvest limit is 4.13 
million lb (1,873 mt), a 3-percent increase from the 2004 harvest 
limit, no coastwide reduction in landings is required.
    Currently, the Federal coastwide black sea bass recreational 
measures are: A 25-fish possession limit; a minimum size of 12 inches 
(30.5 cm); and open seasons of January 1 through September 7, and 
September 22 through November 30. The Council and Board have approved 
measures that would maintain the 25-fish possession limit and the 12-
inch (30.5-cm) minimum size, but would implement an open season of 
January 1 through December 31. These measures are expected to constrain 
recreational black sea bass landings to the 2005 target.

Corrections to the Summer Flounder and Scup Regulations

    In addition to the specification of the 2005 recreational 
management measures for the summer flounder, scup, and black sea bass 
fisheries, this proposed rule contains two proposed corrections to the 
regulations at Sec.  648.104. In the final rule to implement measures 
contained in Framework Adjustment 5 to the FMP (69 FR 62818, October 
28, 2004), the paragraph referring to the requirements of the summer 
flounder small-mesh exemption area letter of authorization was 
inadvertently published as Sec.  648.104(b)(1)(I) rather than Sec.  
648.104(b)(1)(i). This proposed rule would correct that reference. In 
the final rule to implement the 2005 annual summer flounder, scup, and 
black sea bass specifications, and other commercial scup measures (70 
FR 303, January 4, 2005), the threshhold level to trigger the scup 
minimum mesh size requirement for otter trawl vessels during the scup 
Summer period (May 1 through October 31) was increased from 100 lb 
(45.4 kg) to 200 lb (90.7 kg). This change should also have been 
reflected in Sec.  648.104(e), the paragraph regarding stowage of nets 
by trawl vessels fishing for scup. This proposed rule would make that 
change to be consistent with the threshhold level listed in the minimum 
mesh size regulations.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council prepared an IRFA that describes the economic impact 
this proposed rule, if adopted, would have on small entities.
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble to this 
proposed rule. This proposed rule does not duplicate, overlap, or 
conflict with other Federal rules. A copy of the complete IRFA is 
available from the Council (see ADDRESSES). A summary of the analysis 
follows.
    The proposed action could affect any recreational angler who fishes 
for summer flounder, scup, or black sea bass in the EEZ or on a party/
charter vessel issued a Federal permit for

[[Page 12642]]

summer flounder, scup, and/or black sea bass. However, the IRFA focuses 
upon the impacts on party/charter vessels issued a Federal permit for 
summer flounder, scup, and/or black sea bass because these vessels are 
considered small business entities for the purposes of the Regulatory 
Flexibility Act (RFA), i.e., businesses with receipts (gross revenues) 
of up to $3.5 million. These small entities can be specifically 
identified in the Federal vessel permit database and would be impacted 
by the recreational measures, regardless of whether they fish in 
Federal or state waters. Although individual recreational anglers are 
likely to be impacted, they are not considered small entities under the 
RFA. Also, there is no permit requirement to participate in these 
fisheries; thus, it would be difficult to quantify any impacts on 
recreational anglers in general.
    The Council estimated that the proposed measures could affect any 
of the 777 vessels possessing a Federal charter/party permit for summer 
flounder, scup, and/or black sea bass in 2003, the most recent year for 
which complete permit data are available. However, only 337 of these 
vessels reported active participation in the recreational summer 
flounder, scup, and/or black sea bass fisheries in 2003.
    In the EA/IRFA, the no-action alternative (i.e., maintenance of the 
regulations as codified) is defined as implementation of the following: 
(1) For summer flounder, coastwide measures of a 17-inch (43.2-cm) 
minimum fish size, a 4-fish possession limit, and no closed season, 
i.e., the measure that would be implemented if conservation equivalency 
is not implemented in the final rule; (2) for scup, a 10-inch (25.4-cm) 
minimum fish size, a 50-fish possession limit, and open seasons of 
January 1 through February 28, and September 7 through November 30; and 
(3) for black sea bass, a 12-inch (30.5-cm) minimum size, a 25-fish 
possession limit, and an open season of January 1 through September 7, 
and September 22 through November 30.
    The implications of the no-action alternative are substantial. For 
summer flounder, reductions in landings would range from 0 percent in 
MD to 63 percent in NC. The no-action alternative (i.e., maintenance of 
the regulations as codified) would not be restrictive enough to effect 
the recommended 9-percent reduction in scup landings relative to 2004, 
but would constrain black sea bass landings to the harvest limit for 
2005. In consideration of the recreational harvest limits established 
for the 2005 fishing year, taking no action in the summer flounder and 
scup fisheries would be inconsistent with the goals and objectives of 
the FMP and its implementing regulations because the coastwide summer 
flounder measures are more restrictive than necessary for most states 
and likely would not restrict recreational scup landings to the 2005 
harvest limit. Because it could result in overfishing of the scup 
fishery, taking no action also would be inconsistent with National 
Standard 1 of the Magnuson-Stevens Fishery Conservation and Management 
Act.
    Effects of the various management measures were analyzed by 
employing quantitative approaches, to the extent possible. Where 
quantitative data were not available, the Council conducted qualitative 
analyses. Although NMFS's RFA guidance recommends assessing changes in 
profitability as a result of proposed measures, the quantitative 
impacts were instead evaluated using changes in party/charter vessel 
revenues as a proxy for profitability. This is because reliable cost 
data are not available for these fisheries. Without reliable cost data, 
profits cannot be discriminated from gross revenues. As reliable cost 
data become available, impacts to profitability can be more accurately 
forecast. Similarly, changes to long-term solvency were not assessed 
due both to the absence of cost data and because the recreational 
management measures change annually according to the specification-
setting process.
    Assessments of potential changes in gross revenues for all 18 
combinations of alternatives proposed in this action were conducted for 
federally permitted party/charter vessels in each state in the 
Northeast Region (NE). Management measures proposed under the summer 
flounder conservation equivalency alternative have yet to be adopted; 
therefore, potential losses under this alternative could not be 
analyzed in conjunction with alternatives proposed for scup and black 
sea bass. Since conservation equivalency allows each state to tailor 
specific recreational fishing measures to the needs of that state, 
while still achieving conservation goals, it is likely that the 
measures developed under this alternative, when considered in 
combination with the measures proposed for scup and black sea bass, 
would have fewer overall adverse effects than any of the other 
combinations that were analyzed.
    Impacts were examined by first estimating the number of angler 
trips aboard party/charter vessels in each state in 2004 that would 
have been affected by the proposed 2005 management measures. All 2004 
party/charter fishing trips that would have been constrained by the 
proposed 2005 measures in each state were considered to be affected 
trips.
    There is very little information available to estimate empirically 
how sensitive the affected party/charter vessel anglers might be to the 
proposed fishing regulations, with the exception of states for which 
the contribution of summer flounder, scup, and black sea bass to the 
total catch by party/charter vessels is negligible (ME and NH) and DE, 
for which results are suppressed for confidentiality purposes. If the 
proposed measures discourage trip-taking behavior among some of the 
affected anglers, economic losses may accrue to the party/charter 
vessel industry in the form of reduced access fees. On the other hand, 
if the proposed measures do not have a negative impact on the value or 
satisfaction the affected anglers derive from their fishing trips, 
party/charter revenues would remain unaffected by this action. In an 
attempt to estimate the potential changes in gross revenues to the 
party/charter vessel industry in each state, two hypothetical scenarios 
were considered: A 25-percent reduction, and a 50-percent reduction, in 
the number of fishing trips that are predicted to be affected by 
implementation of the management measures in the NE (ME through NC) in 
2005.
    Total economic losses to party/charter vessels were then estimated 
by multiplying the number of potentially affected trips in each state 
in 2005, under the two hypothetical scenarios, by the estimated average 
access fee paid by party/charter anglers in the NE in 2004. Finally, 
total economic losses were divided by the number of federally permitted 
party/charter vessels that participated in the summer flounder, scup, 
and/or, black sea bass fisheries in 2003 in each state (according to 
homeport state in the NE database) to obtain an estimate of the average 
projected gross revenue loss per party/charter vessel in 2005.
    The MRFSS data indicate that anglers fished 33.94 million days in 
2004 in the NE. In the NE, party/charter anglers comprised about 5 
percent of the angler fishing days. The number of trips in each state 
ranged from approximately 39,000 in CT to approximately 433,000 in NJ. 
The number of trips that targeted summer flounder, scup, and/or black 
sea bass was identified, as appropriate, for each measure, and the 
number of trips that would be impacted by the proposed measures was 
estimated. Finally, the revenue impacts were estimated by calculating 
the average fee paid by anglers on party/charter vessels in the NE in 
2004 ($38.93 per angler),

[[Page 12643]]

and the revenue impacts on individual vessels were estimated. The 
analysis assumed that angler effort and catch rates in 2005 will be 
similar to 2004.
    The Council noted that this method is likely to result in 
overestimation of the potential revenue losses that would result from 
implementation of the proposed coastwide measures in these three 
fisheries for several reasons. First, the analysis likely overestimates 
the potential revenue impacts of these measures because some anglers 
would continue to take party/charter vessel trips, even if the 
restrictions limit their landings. Also, some anglers may engage in 
catch and release fishing and/or target other species. It was not 
possible to estimate the sensitivity of anglers to specific management 
measures. Second, the universe of party/charter vessels that 
participate in the fisheries is likely to be even larger than presented 
in these analyses, as party/charter vessels that do not possess a 
Federal summer flounder, scup, or black sea bass permit because they 
fish only in state waters are not represented in the analyses. 
Considering the large proportion of landings from state waters (more 
than 90 percent of summer flounder and scup landings in 2003), it is 
probable that some party/charter vessels fish only in state waters and, 
thus, do not hold Federal permits for these fisheries. Third, vessels 
that hold only state permits likely will be fishing under different, 
potentially less restrictive, recreational measures for summer flounder 
in state waters, if such program is implemented in the final rule, and 
for scup in state waters under the Commission's scup conservation 
equivalency program.

Impacts of Summer Flounder Alternatives

    The proposed action for the summer flounder recreational fishery 
would limit coastwide catch to 11.98 million lb (5,434 mt) by imposing 
coastwide Federal measures throughout the EEZ. As described earlier, 
upon confirmation that the proposed state measures would achieve 
conservation equivalency, NMFS may waive the permit condition found at 
Sec.  648.4(b), which requires federally permitted vessels to comply 
with the more restrictive management measures when state and Federal 
measures differ. Federally permitted charter/party permit holders and 
recreational vessels fishing for summer flounder in the EEZ then would 
be subject to the recreational fishing measures implemented by the 
state in which they land summer flounder, rather than the coastwide 
measures.
    The impact of the proposed summer flounder conservation equivalency 
alternative (in Summer Flounder Alternative 1) among states is likely 
to be similar to the level of landings reductions that are required of 
each state. As indicated above, only MA, CT, and NY would be required 
to reduce summer flounder landings in 2005, relative to their 2004 
landings (by 7 percent, 19 percent, and 6 percent, respectively). If 
the preferred conservation equivalency alternative is effective at 
achieving the recreational harvest limit, then it is likely to be the 
only alternative that minimizes adverse economic impacts, to the extent 
practicable, yet achieves the biological objectives of the FMP. Because 
states have a choice, it is more rational (and is expected) that the 
states would adopt conservation equivalent measures that result in 
fewer adverse economic impacts than the much more restrictive 
precautionary default measures (i.e., only one fish measuring at least 
18 inches (45.7 cm)). Therefore, the precautionary default provision 
that is included in the conservation equivalency proposal was not 
analyzed as a stand-alone provision. The state-specific landings 
reductions (relative to landings in these states in 2004) associated 
with the precautionary default measures, consisting of an 18-inch 
(45.7-cm) minimum fish size, a one-fish possession limit, and no closed 
season, would range from 41 percent (DE) to 88 percent (NC).
    The impacts of the proposed, no-action summer flounder coastwide 
alternative (Summer Flounder Alternative 2), i.e., a 17-inch (43.2-cm) 
minimum fish size, a four-fish possession limit, and no closed season, 
were evaluated using the quantitative method described above. Impacted 
trips were defined as individual angler trips taken aboard party/
charter vessels in 2004 that landed at least one summer flounder 
smaller than 17 inches (43.2 cm), or that landed more than four summer 
flounder. The analysis concluded that the measures would affect 0.5 
percent of the party/charter vessel trips in the NE.

Impacts of Scup Alternatives

    The proposed action for scup would limit coastwide landings to 3.96 
million lb (1,796 mt) and reduce landings by at least 9 percent 
compared to 2004.
    For Scup Alternative 1 (a 10-inch (25.4-cm) minimum fish size, a 
50-fish possession limit, and open seasons of January 1 through 
February 28, and September 7 through November 30) , the no-action 
alternative and the Council's preferred scup alternative, impacted 
trips were defined as individual angler trips taken aboard party/
charter vessels in 2004 that landed at least 1 scup smaller than 10 
inches (25.4 cm), that landed more than 50 scup, or that landed at 
least 1 scup during the proposed closed seasons of March 1 through 
September 6, and December 1 through December 31. The analysis concluded 
that the measures would affect 2.6 percent of party/charter vessel 
trips in the NE.
    For Scup Alternative 2 (a 10-inch (25.4-cm) minimum fish size, a 
50-fish possession limit, and open seasons of January 1 through 
February 28, and September 18 through November 30), the proposed 
action, impacted trips were defined as individual angler trips taken 
aboard party/charter vessels in 2004 that landed at least 1 scup 
smaller than 10 inches (25.4 cm), that landed more than 50 scup, or 
that landed at least 1 scup during the periods of March 1 through 
September 17, and December 1 through December 31. The analysis 
concluded that the measures would affect 3.2 percent of party/charter 
vessel trips in the NE.
    For the non-preferred scup measures (Scup Alternative 3: A 10-inch 
(25.4-cm) minimum fish size, a 50-fish possession limit, and open 
seasons of January 1 through February 28, and September 12 through 
September 30), impacted trips were defined as individual angler trips 
taken aboard party/charter vessels in 2004 that landed at least 1 scup 
smaller than 10 inches (25.4 cm), that landed more than 50 scup, or 
that landed at least 1 scup during the period March 1 through September 
11, and October 1 through December 31. The analysis concluded that the 
measures in this alternative would affect 3.8 percent of party/charter 
vessel trips in the NE.

Impacts of Black Sea Bass Alternatives

    The proposed action for black sea bass would limit coastwide 
landings to 4.13 million lb (1,873 mt). For the preferred black sea 
bass alternative (Black Sea Bass Alternative 1: A 12-inch (30.5-cm) 
minimum size, a 25-fish possession limit, and an open season of January 
1 through December 31), impacted trips were defined as individual 
angler trips taken aboard party/charter vessels in 2004 that landed at 
least 1 black sea bass smaller than 12 inches (30.5 cm), or that landed 
more than 25 black sea bass. The analysis concluded that the measures 
would affect 0.1 percent of party/charter vessel trips in the NE.
    For Black Sea Bass Alternative 2 (a 12-inch (30.5-cm) minimum size, 
a 25-fish possession limit, and an open season of January 1 through 
September

[[Page 12644]]

7, and September 22 through November 30), the no-action and non-
preferred alternative, impacted trips were defined as individual angler 
trips taken aboard party/charter vessels in 2004 that landed at least 1 
black sea bass smaller than 12 inches (30.5 cm), that landed more than 
25 black sea bass, or that landed at least 1 black sea bass during the 
period September 8 through September 21, and December 1 through 
December 31. The analysis concluded that the measures would affect 0.2 
percent of party/charter vessel trips in the NE.
    For the non-preferred black sea bass measures considered in Black 
Sea Bass Alternative 3 (a 12-inch (30.5-cm) minimum size, a 25-fish 
possession limit, and an open season of January 1 through November 30), 
impacted trips were defined as individual angler trips taken aboard 
party/charter vessels in 2004 that landed at least 1 black sea bass 
smaller than 12 inches (30.5 cm), that landed more than 25 black sea 
bass, or that landed at least 1 black sea bass during the period of 
December 1 through December 31. The analysis concluded that the 
measures would affect 0.1 percent of party/charter trips in the NE.

Combined Impacts of Summer Flounder, Scup, and Black Sea Bass 
Alternatives

    Since the management measures under Summer Flounder Alternative 1 
(i.e., conservation equivalency) have yet to be adopted, the effort 
effects of this alternative could not be analyzed in conjunction with 
the alternatives proposed for scup and black sea bass. The percent of 
total party/charter vessel trips in the NE that were estimated to be 
affected by the other alternatives ranged from a low of 3 percent for 
the combination of measures proposed under Summer Flounder Alternative 
2, Scup Alternative 1, and Black Sea Bass Alternative 1 or 3; to a high 
of 10.8 percent for the precautionary default measures for summer 
flounder (considered in Summer Flounder Alternative 1) combined with 
the measures proposed under Scup Alternative 3 and Black Sea Bass 
Alternative 2.
    Potential revenue losses in 2005 could differ for party/charter 
vessels that land more than one of the regulated species. The 
cumulative maximum gross revenue loss per vessel varies by the 
combination of permits held and by state. All 18 potential combinations 
of management alternatives proposed for summer flounder, scup, and 
black sea bass are predicted to affect party/charter vessel revenues to 
some extent in 9 of the 11 NE coastal states. Angler effort aboard 
party/charter vessels in 2005 in ME and NH is not predicted to be 
constrained (i.e., affected) by the proposed measures, thus party/
charter revenues for vessels operating in these states are not 
estimated to be impacted. In addition, although potential losses were 
estimated for party/charter vessels operating out of DE, these results 
are suppressed for confidentiality purposes. Average party/charter 
losses for federally permitted vessels operating in the remaining 
states are estimated to vary considerably across the 18 combinations of 
alternatives. For instance, in NY, average losses are predicted to 
range from $1,917 per vessel under the combined effects of Summer 
Flounder Alternative 2, Scup Alternative 1, and Black Sea Bass 
Alternative 1, to $8,817 per vessel under the combined effects of the 
summer flounder precautionary default (considered in Summer Flounder 
Alternative 1), Scup Alternative 3, and Black Sea Bass Alternative 3 
(assuming a 25-percent reduction in affected effort).
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 10, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

    2. In Sec.  648.104, the first sentence of paragraph (b)(1) is 
revised to read as follows:


Sec.  648.104  Gear restrictions.

* * * * *
    (b) * * *
    (1) Vessels issued a summer flounder moratorium permit, a summer 
flounder small-mesh exemption area letter of authorization (LOA), 
required under paragraph (b)(1)(i) of this section, and fishing from 
November 1 through April 30 in the exemption area, which is east of the 
line that follows 72[deg]30.0' W. long. until it intersects the outer 
boundary of the EEZ (copies of a map depicting the area are available 
upon request from the Regional Administrator). * * *
* * * * *
    3. In Sec.  648.122, paragraph (g) is revised to read as follows:


Sec.  648.122  Season and area restrictions.

* * * * *
    (g) Time restrictions. Vessels that are not eligible for a 
moratorium permit under Sec.  648.4(a)(6), and fishermen subject to the 
possession limit, may not possess scup, except from January 1 through 
the last day of February, and from September 18 through November 30. 
This time period may be adjusted pursuant to the procedures in Sec.  
648.120.
    4. In Sec.  648.123, the first sentence of paragraph (a)(5) is 
revised to read as follows:


Sec.  648.123  Gear restrictions.

    (a) * * *
    (5) * * * The owner or operator of an otter trawl vessel retaining 
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, and 
subject to the minimum mesh requirements in paragraph (a)(1) of this 
section, and the owner or operator of a midwater trawl or other trawl 
vessel subject to the minimum size requirement in Sec.  648.122, may 
not have available for immediate use any net, or any piece of net, not 
meeting the minimum mesh size requirement, or mesh that is rigged in a 
manner that is inconsistent with the minimum mesh size. * * *
* * * * *
    5. Section 648.142 is revised to read as follows:


Sec.  648.142  Time restrictions.

    Vessels that are not eligible for a moratorium permit under Sec.  
648.4(a)(7), and fishermen subject to the possession limit, may possess 
black sea bass from January 1 through December 31, unless this time 
period is adjusted pursuant to the procedures in Sec.  648.140.
[FR Doc. 05-5108 Filed 3-14-05; 8:45 am]
BILLING CODE 3510-22-S