Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Scoping Process, 15384-15387 [E6-4500]
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15384
Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices
Final Results of Review and Revocation
of the Countervailing Duty Order, in
Whole
Pursuant to section 751(d)(1) of the
1930 Tariff Act, as amended (the ‘‘Act’’),
and 19 CFR 351.222(g), the Department
may revoke an antidumping or CVD
order, in whole or in part, based on a
review under section 751(b) of the Act
(i.e., a changed circumstances review).
Section 751(b)(1) of the Act requires a
changed circumstances review to be
conducted upon receipt of a request that
shows changed circumstances sufficient
to warrant a review. Section 782(h)(2) of
the Act gives the Department the
authority to revoke an order if producers
accounting for substantially all of the
production of the domestic like product
have expressed a lack of interest in the
continuation of the order. Section
351.222(g) of the Department’s
regulations provides that the
Department will conduct a changed
circumstances administrative review
under 19 CFR 351.216, and may revoke
an order (in whole or in part), if it
concludes that (i) producers accounting
for substantially all of the production of
the domestic like product to which the
order pertains have expressed a lack of
interest in the relief provided by the
order, in whole or in part, or (ii) other
changed circumstances sufficient to
warrant revocation exist. The
Department has interpreted
‘‘substantially all’’ production normally
to mean at least 85 percent of domestic
production of the like product. See
Certain Tin Mill Products From Japan:
Final Results of Changed Circumstances
Review, 66 FR 52109 (October 12, 2001).
As noted above and in the Preliminary
Results, Allegheny Ludlum Corporation
and AK Steel Corporation requested this
changed circumstances review on the
basis that they are no longer interested
in maintaining the CVD order or in the
imposition of CVD duties on the subject
merchandise. Also, the parties to the
litigation concerning these entries have
agreed to withdraw their appeals.
Because the Department did not
receive any comments in response to the
Initiation Notice or the Preliminary
Results opposing this changed
circumstances review or the preliminary
decision to revoke, in whole, the CVD
order effective November 17, 1998, we
find that producers accounting for
substantially all of the production of the
domestic like product to which this
order pertains lack interest in the relief
provided by the order. In accordance
with sections 751(b), 751(d), and 782(h)
of the Act and 19 CFR 351.216 and
351.222(g), the Department determines
that there is a reasonable basis to find
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that changed circumstances exist
sufficient to warrant revocation of the
order. Therefore, the Department is
revoking the CVD order on SSSS from
Italy, in whole, with regard to the
products described above under the
‘‘Scope of the Order’’ section.
Instructions to U.S. Customs and
Border Protection
In accordance with 19 CFR
351.222(g), upon dismissal by the court
of all pending appeals involving the
subject merchandise as described above
under the ‘‘Scope of the Order’’ section,
the Department will instruct U.S.
Customs and Border Protection (‘‘CBP’’)
to liquidate without regard to
countervailing duties, all unliquidated
entries of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after November
17, 1998, i.e., the publication date of the
Department’s Preliminary
Determination in the underlying
investigation. In accordance with
section 778 of the Act, we will also
instruct CBP to pay interest on and
refunded CVD deposits with respect to
the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after August 6, 1999,
the date of publication in the Federal
Register of the CVD order.
Notification Regarding APOs
Dated: March 21, 2006.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E6–4485 Filed 3–27–06; 8:45 am]
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International Trade Administration
Exporters’ Textile Advisory
Committee; Notice of Open Meeting
The Exporters’ Textile Advisory
Committee (ETAC) will meet on May 24,
2006. The meeting will be held at 10
a.m at the U.S. Department of
Commerce, Main Commerce Building,
1401 Constitution Avenue, NW.,
Washington, DC.
The Committee provides information
on overseas requirements and
regulations, works with U.S. companies
to eliminate trade barriers, and
promotes U.S. textile and apparel
products overseas.
Tentative Agenda: Review of export
data, report on conditions in the export
market; update on FTA’s; export
expansion activities; U.S. Customs and
Border Protection’s ‘‘Customs-Trade
Partnership Against Terrorism’’
Initiative, and other business.
The meeting will be open to the
public with a limited number of seats
available. For further information call
Rachel Anne Alarid at (202) 482-5154.
March 23, 2006.
Philip J. Martello,
Acting Deputy Assistant Secretary for Textiles
and Apparel.
[FR Doc. E6–4487 Filed 3–27–06; 8:45 am]
BILLING CODE 3510–DS–S
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.306. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested. See
19 CFR 351.305. Failure to comply with
the regulations and terms of an APO is
a sanctionable violation. See 19 USC
1677f and 19 CFR Part 354.
We are issuing and publishing this
determination and notice in accordance
with sections 751(b)(1) and 777(i)(1) of
the Act and 19 CFR 351.216, 351.221,
and 351.222.
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 032106A]
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; Scoping
Process
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent (NOI) to prepare
an environmental impact statement
(EIS); notice of scoping meetings;
request for comments.
AGENCY:
SUMMARY: The Mid-Atlantic Fishery
Management Council (Council)
announces its intention to prepare, in
cooperation with NMFS, an EIS in
accordance with the National
Environmental Policy Act to assess
potential effects on the human
environment of alternative measures for
managing the summer flounder, scup,
and black sea bass fisheries pursuant to
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Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices
the Magnuson-Stevens Fishery
Conservation and Management Act. The
Council intends to develop Amendment
15 to the Summer Flounder, Scup, and
Black Sea Bass Fishery Management
Plan (FMP) to address several issues
regarding the subject fisheries (see
SUPPLEMENTARY INFORMATION). This
notice announces a public process for
determining the scope of issues to be
addressed and for identifying the
significant issues related to the
management of summer flounder, scup,
and black sea bass. The intended effect
of this notice is to alert the interested
public of the scoping process, the
development of the Draft EIS, and to
provide for public participation.
DATES: Written comments on the intent
to prepare an EIS must be received on
or before 5 p.m., local time, on June 30,
2006. Public scoping meetings will be
held in April and May 2006. For
specific dates and times, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: You may submit comments
on the intent to prepare the EIS or other
relevant information by any of the
following methods:
• E-mail: FSB-NOI@noaa.gov. Include
in the subject line the following
identifier: ‘‘FSB Amendment 15 Scoping
Comments.’’
• Mail: Daniel Furlong, Executive
Director, Mid-Atlantic Fishery
Management Council, Room 2115,
Federal Building, 300 South New Street,
Dover, DE 19901–6790. Mark the
outside of the envelope: ‘‘Comments on
Summer Flounder, Scup, and Black Sea
Bass Amendment 15.’’
• Fax: (302) 674–5399.
Copies of the scoping document may
be obtained from the Council at the
address above or via the Internet at
https://www.mafmc.org/mid-atlantic/
comments/comments.htm.
FOR FURTHER INFORMATION CONTACT:
Daniel T. Furlong, (302) 674–2331.
SUPPLEMENTARY INFORMATION: The
summer flounder, scup, and black sea
bass fisheries are managed cooperatively
by the Council and the Atlantic States
Marine Fisheries Commission
(Commission), in consultation with the
New England and South Atlantic
Fishery Management Councils.
The management units specified in
the Summer Flounder, Scup, and Black
Sea Bass FMP 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
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Hatteras Lighthouse, Buxton, NC)
northward to the U.S./Canada border.
The issues identified by the Council
for discussion in Amendment 15 to the
FMP include (further information
regarding each issue follows):
• Modifications to the allocation of
Total Allowable Landings (TAL) to the
commercial and recreational fisheries
for summer flounder and scup;
• Changes to the summer flounder,
scup, and black sea bass commercial
allocations;
Measures to reduce overcapacity in
the summer flounder, scup, and black
sea bass recreational and commercial
fisheries;
• Modifications to the biological
reference points for summer flounder,
scup, and black sea bass;
• Separate allocations of quota to the
party/charter sector of the recreational
fishery for summer flounder, scup, and
black sea bass;
• Separate allocations of quota to the
shore-based fishermen in the
recreational fishery for summer
flounder, scup, and black sea bass;
• Measures to reduce discarding and/
or discard mortality of summer
flounder, scup, and black sea bass in the
recreational and commercial fisheries;
• Modification to the reporting
requirements for summer flounder,
scup, and black sea bass through the
vessel trip reporting, dealer weighout,
and observer programs;
• Development of a conservation
equivalency program for management of
the recreational fishery for scup;
• Changes to the current management
program for the summer flounder
recreational fishery;
• Measures to allow the rollover of
the unused portion of the TAL in the
recreational and commercial fisheries
for summer flounder, scup, and black
sea bass, into the next fishing year; and
• Modifications to the limitations on
vessel upgrades under moratorium
permits for summer flounder, scup, and
black sea bass.
Summer Flounder Commercial/
Recreational Allocation
In 2003, NMFS received a petition
that requested the current recreational/
commercial allocation (which is 60
percent commercial and 40 percent
recreational) be modified to provide 50
percent of the TAL to each sector.
NMFS asked the Council and
Commission to consider the petition.
The Council considered this petition,
recommended to NMFS that it be
denied, and suggested that
modifications to the summer flounder
allocation could be considered in an
amendment instead.
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Summer Flounder Commercial
Allocation
Currently, the commercial quota is
allocated to each state based on historic
landings from 1980 through 1989. Stateby-state allocations were developed to
allow each state the ability to develop
specific management programs that
were designed for the commercial
fishery in their state. In recent years,
fishermen from some states have
expressed an interest in other options
that could be used to allocate the quota,
including an Individual Fishing Quota
(IFQ) program.
Overcapacity in the Summer Flounder
Commercial Fleet
A moratorium on Federal commercial
permits and the state-by-state quota
system have served to constrain effort in
the commercial summer flounder
fishery. However, the harvesting
capacity may exceed the optimum yield
on an annual basis, resulting in
regulatory discards, derby fisheries, and
negative impacts on habitat and
protected resources.
Overcapacity in the Summer Flounder
Recreational Fishery
The harvesting capacity of the
summer flounder recreational fishery
may exceed the optimum yield on an
annual basis, resulting in regulatory
discards, derby fishing, and
overcrowding of popular fishing areas.
Summer Flounder Biological Reference
Points
The current biological reference
points for summer flounder that define
overfishing (Fmsy) and an overfished (1⁄2
Bmsy) condition are based on yield-perrecruit calculations. Updated biological
reference points were reviewed and
accepted in June 2005 by a Stock
Assessment Review Committee. There
has been some interest in a
reexamination of the reference points
based on other methodologies and the
use of stock recruit data.
Management of the Summer Flounder
Party/Charter Fishery
A portion of the TAL could be
allocated to the party/charter sector
each year. Currently, fishermen fishing
from party/charter boats are regulated
by state regulations that apply to all
recreational fishermen. A separate
allocation could allow for the
development of regulations that apply
only to party/charter fishermen.
Management of the Summer Flounder
Shore Fishery
A portion of the TAL could be
allocated to fishermen fishing for
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summer flounder from shore. Currently,
fishermen fishing from the shore and
shore-based structures (e.g., jetties and
bridges) are regulated by state
regulations that apply to all recreational
fishermen. A separate allocation could
allow for the development of regulations
that apply only to shore-based
fishermen.
Management of the Summer Flounder
Recreational Fishery
The summer flounder recreational
fishery is currently managed with a
system that allows for the Council and
Commission to decide if coastwide or
state-by-state (conservation equivalency)
regulations should apply each year.
Recent action by the Council and
Commission would also allow for states
to voluntarily form subregions and
develop identical regulations for the
states in that subregion. Some fishermen
have expressed an interest in exploring
other management options for the
summer flounder recreational fishery.
Summer Flounder Discards
The issue of regulatory discards in the
commercial and recreational fisheries
for summer flounder has been raised a
number of times over the years.
However, based on sea sample data,
discard rates in the commercial fishery
have been relatively low on a coastwide
basis. Discard rates are higher for
vessels that fish for other groundfish
species in states with lower trip limits
and for summer flounder caught by
scallop dredges. In addition, 10 percent
of the summer flounder caught and
released by anglers are assumed to die
in the recreational fishery.
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Scup Commercial/Recreational
Allocation
There have been recent discussions
regarding the allocation of allowable
catch to the commercial and
recreational fisheries for scup. The
current allocation is 78 percent
commercial and 22 percent recreational.
Issues include modification of the
methodology to change catch allocations
to landings allocations and the potential
for transferring unused commercial
quota to the recreational fishery on an
annual basis.
Scup Commercial Allocation
Current regulations allocate the
commercial scup quota to three periods
based on historic landings: Winter I,
Summer, and Winter II. The regulations
also allow for unused quota to be
transferred from the Winter I to the
Winter II period. There has been some
discussion at Commission Board and
Council meetings to modify the
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allocations to each period and also
allow for the transfer of quota from
Winter I to the Summer period.
Overcapacity in the Scup Commercial
Fleet
A moratorium on Federal commercial
permits and the quota system have acted
to constrain effort in the commercial
scup fishery. However, the harvesting
capacity may exceed the optimum yield
on an annual basis, resulting in
regulatory discards, derby fisheries, and
negative impacts on habitat and
protected resources.
Overcapacity in the Scup Recreational
Fishery
The harvesting capacity of the scup
recreational fishery may exceed the
optimum yield on an annual basis,
resulting in regulatory discards, derby
fishing, and overcrowding of popular
fishing areas.
Scup Biological Reference Points
The biological reference points for
scup have not been reviewed or updated
recently due to the lack of data. The
current proxies are based on yield-perrecruit calculations to define overfishing
and the NMFS Northeast Fisheries
Science Center spring survey to define
when the stock is overfished. There has
been some interest in revising these
reference points when data become
available.
Management of the Scup Party/Charter
Fishery
A portion of the TAL for scup could
be allocated to the party/charter sector
each year. Currently, fishermen fishing
from party/charter boats are regulated
by state regulations that apply to all
recreational fishermen. A separate
allocation could allow for the
development of regulations that apply
only to party/charter fishermen.
Management of the Scup Shore Fishery
A portion of the TAL could be
allocated to fishermen fishing for scup
from shore. Currently, fishermen fishing
from the shore and shore-based
structures are regulated by state
regulations that apply to all recreational
fishermen. A separate allocation could
allow for the development of regulations
that apply only to shore-based
fishermen.
Management of the Scup Recreational
Fishery
Unlike summer flounder,
conservation equivalency has not been
identified for scup. The Federal fishery
management plan requires coastwide
management measures that are identical
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for each state. However, the
Commission has adopted addenda for
the last several years that allow states to
develop alternative management
measures for state waters. Given this
difference, there is some interest in
developing a conservation equivalency
approach that could be incorporated
into both the Federal and state fishery
management plans.
Scup Discards
The issue of regulatory discards in the
commercial and recreational fisheries
for scup has been raised a number of
times over the years. However, discard
rates in the commercial fishery have
been difficult to quantify. In addition,
15 percent of the scup caught and
released by anglers are assumed to die
in the recreational fishery.
Black Sea Bass Commercial Allocation
Under the current regulations, the
black sea bass quota is administered on
a coastwide basis by NMFS to facilitate
a state-by-state approach that is
implemented by the Commission. The
current state-by-state allocations are in
effect through 2007. State-by-state
allocations were developed to allow
each state to develop specific
management programs that were
designed for the commercial fishery in
their state. In recent years, fishermen
from some states have expressed an
interest in other options that could be
used to allocate the quota, including an
IFQ program.
Overcapacity in the Black Sea Bass
Commercial Fleet
A moratorium on Federal commercial
permits and the quota system have acted
to constrain effort in the commercial
black sea bass fishery. However, the
harvesting capacity may exceed the
optimum yield on an annual basis,
resulting in regulatory discards, derby
fisheries, and negative impacts on
habitat and protected resources.
Overcapacity in the Black Sea Bass
Recreational Fishery
The harvesting capacity of the black
sea bass recreational fishery may exceed
the optimum yield on an annual basis,
resulting in regulatory discards, derby
fishing, and overcrowding of popular
fishing areas.
Black Sea Bass Biological Reference
Points
The most recent assessment on black
sea bass, completed in June 2004,
updated the proxies used to define
overfishing and an overfished condition
for black sea bass. Additional data and
associated analyses may result in
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Federal Register / Vol. 71, No. 59 / Tuesday, March 28, 2006 / Notices
Scoping Meetings Schedule
potential changes to those reference
points.
Management of the Black Sea Bass
Party/Charter Fishery
A portion of the TAL for black sea
bass could be allocated to the party/
charter sector each year. Currently,
fishermen fishing from party/charter
boats are regulated by state regulations
that apply to all recreational fishermen.
A separate allocation could allow for the
development of regulations that apply
only to party/charter fishermen.
Management of the Black Sea Bass
Shore Fishery
A portion of the TAL could be
allocated to the fishermen fishing for
black sea bass from shore. Currently,
fishermen fishing from the shore and
shore-based structures are regulated by
state regulations that apply to all
recreational fishermen. A separate
allocation could allow for the
development of regulations that apply
only to shore-based fishermen.
Black Sea Bass Discards
The issue of regulatory discards in the
commercial and recreational fisheries
for black sea bass has been raised a
number of times over the years.
However, discard rates have been
difficult to quantify. In addition, about
25 percent of the black sea bass caught
and released by anglers are assumed to
die in the recreational fishery.
Data Collection Requirements and
Protocols
To improve the information available
for assessment of summer flounder,
scup, and black sea bass, changes could
be made to information required to be
reported through the Vessel Trip Report,
dealer weighout, and observer programs.
Rollover of Unused Quota
The unused portion of the TAL in the
recreational and commercial fisheries
for each of the species could be rolled
into the next year’s respective TAL.
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Limitations on Vessel Replacement
Upgrades
The current commercial permits for
summer flounder, scup, and black sea
bass allow for a one-time replacement/
upgrade of 20 percent in horsepower
and/or 10 percent in vessel length.
Several individuals have indicated these
restrictions may be unfair, particularly
for small vessel owners. The Council
could consider changes to these
regulations.
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Ten public scoping meetings are
scheduled as follows (note that NY
meeting(s) to be determined):
1. Monday, April 3, 2006, 7 p.m.;
Roanoke Island Festival Park, One
Festival Park, Manteo, NC; Contact: Red
Munden, (252) 726–7021.
2. Tuesday, April 4, 2006, 7 p.m.;
Carteret Community College, CMAST
Building, Room 306, Morehead City,
NC; Contact: Red Munden, (252) 726–
7021.
3. Tuesday, April 4, 2006, 7 p.m.;
Virginia Marine Resources Commission,
2600 Washington Ave, 4th floor,
Newport News, VA; Contact: Jack
Travelstead, (757) 247–2247.
4. Monday, April 10, 2006, 6 p.m.;
University of Rhode Island Narragansett
Bay Campus, Corless Auditorium, South
Ferry Road, Narragansett, RI; Contact:
Brian Murphy, (401) 423–1941.
5. Monday, April 10, 6:30 p.m.; Ocean
Pines Library, 11107 Cathell Road,
Ocean Pines, MD; Contact: Howard J.
King, III, (410) 260–8281.
6. Tuesday, April 11, 2006, 7 p.m.;
Connecticut Department of
Environmental Protection, Marine
Headquarters, 333 Ferry Road, Old
Lyme, CT; Contact: Dave Simpson, (860)
434–6043.
7. Tuesday, April 18, 2006, 7 p.m.;
Ocean County Complex, 118
Washington Street; Toms River, NJ;
Contact: Tom McCloy, (609) 292–7794.
8. Tuesday, April 18, 2006, 7 p.m.;
Delaware Department of Natural
Resources and Environmental Control,
Richardson and Robbins Building
Auditorium, 89 Kings Highway, Dover,
DE; Contact: Rick Cole, (302) 739–4782.
9. Thursday, April 20, 2006, 6 p.m.;
Radisson Plymouth Harbor, 180 Water
Street, Plymouth, MA; Contact: David
Pierce, (617) 626–1532.
10. Tuesday, May 2, 2006, 7 p.m.;
Sheraton Oceanfront Hotel, 36th &
Atlantic Avenue, Virginia Beach, VA;
Contact: Dan Furlong, (302) 674–2331.
One or two public scoping meetings
will be held in NY but have not yet been
scheduled. Contact: Gordon Colvin,
(631) 444–0433. This information will
be posted on the Commission’s website
(https://www.asmfc.org) when available.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Jan Saunders,
(302) 674–2331, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et. seq.
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15387
Dated: March 22, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–4500 Filed 3–27–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 031506C]
Marine Mammals; File No. 881–1745
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
SUMMARY: Notice is hereby given that
the Alaska SeaLife Center (ASLC), P.O.
Box 1329, Seward, Alaska 99664 (Dr.
Shannon Atkinson, Principal
Investigator), has been issued a permit
to conduct scientific research on captive
Steller sea lions (Eumetopias jubatus).
ADDRESSES: The permit and related
documents are available for review
upon written request or by appointment
in the following office(s):
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713-2289; fax (301)427–2521; and
Alaska Region, NMFS, P.O. Box
21668, Juneau, AK 99802-1668; phone
(907)586–7221; fax (907)586–7249.
FOR FURTHER INFORMATION CONTACT:
Amy Sloan or Tammy Adams,
(301)713–2289.
SUPPLEMENTARY INFORMATION: On March
8, 2004, notice was published in the
Federal Register (69 FR 10681) that a
request for a scientific research permit
to take the species identified above had
been submitted by the above-named
organization. The requested permit has
been issued under the authority of the
Marine Mammal Protection Act of 1972,
as amended (16 U.S.C. 1361 et seq.), the
Regulations Governing the Taking and
Importing of Marine Mammals (50 CFR
part 216), the Endangered Species Act of
1973, as amended (ESA; 16 U.S.C. 1531
et seq.), and the regulations governing
the taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
The ASLC has been issued a 5–year
permit to continue research on three
permanently captive Steller sea lions.
Research objectives include the
investigation of stress responses,
endocrine and immune system function,
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]]>Agencies
[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Notices]
[Pages 15384-15387]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4500]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 032106A]
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Scoping Process
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent (NOI) to prepare an environmental impact
statement (EIS); notice of scoping meetings; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Mid-Atlantic Fishery Management Council (Council)
announces its intention to prepare, in cooperation with NMFS, an EIS in
accordance with the National Environmental Policy Act to assess
potential effects on the human environment of alternative measures for
managing the summer flounder, scup, and black sea bass fisheries
pursuant to
[[Page 15385]]
the Magnuson-Stevens Fishery Conservation and Management Act. The
Council intends to develop Amendment 15 to the Summer Flounder, Scup,
and Black Sea Bass Fishery Management Plan (FMP) to address several
issues regarding the subject fisheries (see SUPPLEMENTARY INFORMATION).
This notice announces a public process for determining the scope of
issues to be addressed and for identifying the significant issues
related to the management of summer flounder, scup, and black sea bass.
The intended effect of this notice is to alert the interested public of
the scoping process, the development of the Draft EIS, and to provide
for public participation.
DATES: Written comments on the intent to prepare an EIS must be
received on or before 5 p.m., local time, on June 30, 2006. Public
scoping meetings will be held in April and May 2006. For specific dates
and times, see SUPPLEMENTARY INFORMATION.
ADDRESSES: You may submit comments on the intent to prepare the EIS or
other relevant information by any of the following methods:
E-mail: FSB-NOI@noaa.gov. Include in the subject line the
following identifier: ``FSB Amendment 15 Scoping Comments.''
Mail: Daniel Furlong, Executive Director, Mid-Atlantic
Fishery Management Council, Room 2115, Federal Building, 300 South New
Street, Dover, DE 19901-6790. Mark the outside of the envelope:
``Comments on Summer Flounder, Scup, and Black Sea Bass Amendment 15.''
Fax: (302) 674-5399.
Copies of the scoping document may be obtained from the Council at
the address above or via the Internet at
https://www.mafmc.org/mid-atlantic/comments/comments.htm.
FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, (302) 674-2331.
SUPPLEMENTARY INFORMATION: The summer flounder, scup, and black sea
bass fisheries are managed cooperatively by the Council and the
Atlantic States Marine Fisheries Commission (Commission), in
consultation with the New England and South Atlantic Fishery Management
Councils.
The management units specified in the Summer Flounder, Scup, and
Black Sea Bass FMP 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 issues identified by the Council for discussion in Amendment 15
to the FMP include (further information regarding each issue follows):
Modifications to the allocation of Total Allowable
Landings (TAL) to the commercial and recreational fisheries for summer
flounder and scup;
Changes to the summer flounder, scup, and black sea bass
commercial allocations;
Measures to reduce overcapacity in the summer flounder, scup, and
black sea bass recreational and commercial fisheries;
Modifications to the biological reference points for
summer flounder, scup, and black sea bass;
Separate allocations of quota to the party/charter sector
of the recreational fishery for summer flounder, scup, and black sea
bass;
Separate allocations of quota to the shore-based fishermen
in the recreational fishery for summer flounder, scup, and black sea
bass;
Measures to reduce discarding and/or discard mortality of
summer flounder, scup, and black sea bass in the recreational and
commercial fisheries;
Modification to the reporting requirements for summer
flounder, scup, and black sea bass through the vessel trip reporting,
dealer weighout, and observer programs;
Development of a conservation equivalency program for
management of the recreational fishery for scup;
Changes to the current management program for the summer
flounder recreational fishery;
Measures to allow the rollover of the unused portion of
the TAL in the recreational and commercial fisheries for summer
flounder, scup, and black sea bass, into the next fishing year; and
Modifications to the limitations on vessel upgrades under
moratorium permits for summer flounder, scup, and black sea bass.
Summer Flounder Commercial/Recreational Allocation
In 2003, NMFS received a petition that requested the current
recreational/commercial allocation (which is 60 percent commercial and
40 percent recreational) be modified to provide 50 percent of the TAL
to each sector. NMFS asked the Council and Commission to consider the
petition. The Council considered this petition, recommended to NMFS
that it be denied, and suggested that modifications to the summer
flounder allocation could be considered in an amendment instead.
Summer Flounder Commercial Allocation
Currently, the commercial quota is allocated to each state based on
historic landings from 1980 through 1989. State-by-state allocations
were developed to allow each state the ability to develop specific
management programs that were designed for the commercial fishery in
their state. In recent years, fishermen from some states have expressed
an interest in other options that could be used to allocate the quota,
including an Individual Fishing Quota (IFQ) program.
Overcapacity in the Summer Flounder Commercial Fleet
A moratorium on Federal commercial permits and the state-by-state
quota system have served to constrain effort in the commercial summer
flounder fishery. However, the harvesting capacity may exceed the
optimum yield on an annual basis, resulting in regulatory discards,
derby fisheries, and negative impacts on habitat and protected
resources.
Overcapacity in the Summer Flounder Recreational Fishery
The harvesting capacity of the summer flounder recreational fishery
may exceed the optimum yield on an annual basis, resulting in
regulatory discards, derby fishing, and overcrowding of popular fishing
areas.
Summer Flounder Biological Reference Points
The current biological reference points for summer flounder that
define overfishing (Fmsy) and an overfished (\1/2\
Bmsy) condition are based on yield-per-recruit calculations.
Updated biological reference points were reviewed and accepted in June
2005 by a Stock Assessment Review Committee. There has been some
interest in a reexamination of the reference points based on other
methodologies and the use of stock recruit data.
Management of the Summer Flounder Party/Charter Fishery
A portion of the TAL could be allocated to the party/charter sector
each year. Currently, fishermen fishing from party/charter boats are
regulated by state regulations that apply to all recreational
fishermen. A separate allocation could allow for the development of
regulations that apply only to party/charter fishermen.
Management of the Summer Flounder Shore Fishery
A portion of the TAL could be allocated to fishermen fishing for
[[Page 15386]]
summer flounder from shore. Currently, fishermen fishing from the shore
and shore-based structures (e.g., jetties and bridges) are regulated by
state regulations that apply to all recreational fishermen. A separate
allocation could allow for the development of regulations that apply
only to shore-based fishermen.
Management of the Summer Flounder Recreational Fishery
The summer flounder recreational fishery is currently managed with
a system that allows for the Council and Commission to decide if
coastwide or state-by-state (conservation equivalency) regulations
should apply each year. Recent action by the Council and Commission
would also allow for states to voluntarily form subregions and develop
identical regulations for the states in that subregion. Some fishermen
have expressed an interest in exploring other management options for
the summer flounder recreational fishery.
Summer Flounder Discards
The issue of regulatory discards in the commercial and recreational
fisheries for summer flounder has been raised a number of times over
the years. However, based on sea sample data, discard rates in the
commercial fishery have been relatively low on a coastwide basis.
Discard rates are higher for vessels that fish for other groundfish
species in states with lower trip limits and for summer flounder caught
by scallop dredges. In addition, 10 percent of the summer flounder
caught and released by anglers are assumed to die in the recreational
fishery.
Scup Commercial/Recreational Allocation
There have been recent discussions regarding the allocation of
allowable catch to the commercial and recreational fisheries for scup.
The current allocation is 78 percent commercial and 22 percent
recreational. Issues include modification of the methodology to change
catch allocations to landings allocations and the potential for
transferring unused commercial quota to the recreational fishery on an
annual basis.
Scup Commercial Allocation
Current regulations allocate the commercial scup quota to three
periods based on historic landings: Winter I, Summer, and Winter II.
The regulations also allow for unused quota to be transferred from the
Winter I to the Winter II period. There has been some discussion at
Commission Board and Council meetings to modify the allocations to each
period and also allow for the transfer of quota from Winter I to the
Summer period.
Overcapacity in the Scup Commercial Fleet
A moratorium on Federal commercial permits and the quota system
have acted to constrain effort in the commercial scup fishery. However,
the harvesting capacity may exceed the optimum yield on an annual
basis, resulting in regulatory discards, derby fisheries, and negative
impacts on habitat and protected resources.
Overcapacity in the Scup Recreational Fishery
The harvesting capacity of the scup recreational fishery may exceed
the optimum yield on an annual basis, resulting in regulatory discards,
derby fishing, and overcrowding of popular fishing areas.
Scup Biological Reference Points
The biological reference points for scup have not been reviewed or
updated recently due to the lack of data. The current proxies are based
on yield-per-recruit calculations to define overfishing and the NMFS
Northeast Fisheries Science Center spring survey to define when the
stock is overfished. There has been some interest in revising these
reference points when data become available.
Management of the Scup Party/Charter Fishery
A portion of the TAL for scup could be allocated to the party/
charter sector each year. Currently, fishermen fishing from party/
charter boats are regulated by state regulations that apply to all
recreational fishermen. A separate allocation could allow for the
development of regulations that apply only to party/charter fishermen.
Management of the Scup Shore Fishery
A portion of the TAL could be allocated to fishermen fishing for
scup from shore. Currently, fishermen fishing from the shore and shore-
based structures are regulated by state regulations that apply to all
recreational fishermen. A separate allocation could allow for the
development of regulations that apply only to shore-based fishermen.
Management of the Scup Recreational Fishery
Unlike summer flounder, conservation equivalency has not been
identified for scup. The Federal fishery management plan requires
coastwide management measures that are identical for each state.
However, the Commission has adopted addenda for the last several years
that allow states to develop alternative management measures for state
waters. Given this difference, there is some interest in developing a
conservation equivalency approach that could be incorporated into both
the Federal and state fishery management plans.
Scup Discards
The issue of regulatory discards in the commercial and recreational
fisheries for scup has been raised a number of times over the years.
However, discard rates in the commercial fishery have been difficult to
quantify. In addition, 15 percent of the scup caught and released by
anglers are assumed to die in the recreational fishery.
Black Sea Bass Commercial Allocation
Under the current regulations, the black sea bass quota is
administered on a coastwide basis by NMFS to facilitate a state-by-
state approach that is implemented by the Commission. The current
state-by-state allocations are in effect through 2007. State-by-state
allocations were developed to allow each state to develop specific
management programs that were designed for the commercial fishery in
their state. In recent years, fishermen from some states have expressed
an interest in other options that could be used to allocate the quota,
including an IFQ program.
Overcapacity in the Black Sea Bass Commercial Fleet
A moratorium on Federal commercial permits and the quota system
have acted to constrain effort in the commercial black sea bass
fishery. However, the harvesting capacity may exceed the optimum yield
on an annual basis, resulting in regulatory discards, derby fisheries,
and negative impacts on habitat and protected resources.
Overcapacity in the Black Sea Bass Recreational Fishery
The harvesting capacity of the black sea bass recreational fishery
may exceed the optimum yield on an annual basis, resulting in
regulatory discards, derby fishing, and overcrowding of popular fishing
areas.
Black Sea Bass Biological Reference Points
The most recent assessment on black sea bass, completed in June
2004, updated the proxies used to define overfishing and an overfished
condition for black sea bass. Additional data and associated analyses
may result in
[[Page 15387]]
potential changes to those reference points.
Management of the Black Sea Bass Party/Charter Fishery
A portion of the TAL for black sea bass could be allocated to the
party/charter sector each year. Currently, fishermen fishing from
party/charter boats are regulated by state regulations that apply to
all recreational fishermen. A separate allocation could allow for the
development of regulations that apply only to party/charter fishermen.
Management of the Black Sea Bass Shore Fishery
A portion of the TAL could be allocated to the fishermen fishing
for black sea bass from shore. Currently, fishermen fishing from the
shore and shore-based structures are regulated by state regulations
that apply to all recreational fishermen. A separate allocation could
allow for the development of regulations that apply only to shore-based
fishermen.
Black Sea Bass Discards
The issue of regulatory discards in the commercial and recreational
fisheries for black sea bass has been raised a number of times over the
years. However, discard rates have been difficult to quantify. In
addition, about 25 percent of the black sea bass caught and released by
anglers are assumed to die in the recreational fishery.
Data Collection Requirements and Protocols
To improve the information available for assessment of summer
flounder, scup, and black sea bass, changes could be made to
information required to be reported through the Vessel Trip Report,
dealer weighout, and observer programs.
Rollover of Unused Quota
The unused portion of the TAL in the recreational and commercial
fisheries for each of the species could be rolled into the next year's
respective TAL.
Limitations on Vessel Replacement Upgrades
The current commercial permits for summer flounder, scup, and black
sea bass allow for a one-time replacement/upgrade of 20 percent in
horsepower and/or 10 percent in vessel length. Several individuals have
indicated these restrictions may be unfair, particularly for small
vessel owners. The Council could consider changes to these regulations.
Scoping Meetings Schedule
Ten public scoping meetings are scheduled as follows (note that NY
meeting(s) to be determined):
1. Monday, April 3, 2006, 7 p.m.; Roanoke Island Festival Park, One
Festival Park, Manteo, NC; Contact: Red Munden, (252) 726-7021.
2. Tuesday, April 4, 2006, 7 p.m.; Carteret Community College,
CMAST Building, Room 306, Morehead City, NC; Contact: Red Munden, (252)
726-7021.
3. Tuesday, April 4, 2006, 7 p.m.; Virginia Marine Resources
Commission, 2600 Washington Ave, 4th floor, Newport News, VA; Contact:
Jack Travelstead, (757) 247-2247.
4. Monday, April 10, 2006, 6 p.m.; University of Rhode Island
Narragansett Bay Campus, Corless Auditorium, South Ferry Road,
Narragansett, RI; Contact: Brian Murphy, (401) 423-1941.
5. Monday, April 10, 6:30 p.m.; Ocean Pines Library, 11107 Cathell
Road, Ocean Pines, MD; Contact: Howard J. King, III, (410) 260-8281.
6. Tuesday, April 11, 2006, 7 p.m.; Connecticut Department of
Environmental Protection, Marine Headquarters, 333 Ferry Road, Old
Lyme, CT; Contact: Dave Simpson, (860) 434-6043.
7. Tuesday, April 18, 2006, 7 p.m.; Ocean County Complex, 118
Washington Street; Toms River, NJ; Contact: Tom McCloy, (609) 292-7794.
8. Tuesday, April 18, 2006, 7 p.m.; Delaware Department of Natural
Resources and Environmental Control, Richardson and Robbins Building
Auditorium, 89 Kings Highway, Dover, DE; Contact: Rick Cole, (302) 739-
4782.
9. Thursday, April 20, 2006, 6 p.m.; Radisson Plymouth Harbor, 180
Water Street, Plymouth, MA; Contact: David Pierce, (617) 626-1532.
10. Tuesday, May 2, 2006, 7 p.m.; Sheraton Oceanfront Hotel, 36th &
Atlantic Avenue, Virginia Beach, VA; Contact: Dan Furlong, (302) 674-
2331.
One or two public scoping meetings will be held in NY but have not
yet been scheduled. Contact: Gordon Colvin, (631) 444-0433. This
information will be posted on the Commission's website
(https://www.asmfc.org) when available.
Special Accommodations
These meetings are physically accessible to people with
disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to Jan Saunders, (302) 674-2331, at
least 5 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et. seq.
Dated: March 22, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E6-4500 Filed 3-27-06; 8:45 am]
BILLING CODE 3510-22-S
