Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2006, 29253-29256 [06-4739]
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Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Rules and Regulations
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
18 U.S.C. 2339B, 2332d; 50 U.S.C. 1601–
1651, 1701–1706; Pub. L. 106–387, 114 Stat.
1549; E.O. 13067, 62 FR 59989; 3 CFR, 1997
Comp., p. 230; Pub. L. 109–177, 120 Stat.
192.
Subpart G—Penalties
§ 538.701
[Amended]
adding in its place ‘‘$50,000’’, and in
paragraph (a)(2) by removing ‘‘10 years’’
and adding in its place ‘‘twenty years’’.
Subpart G—Penalties
§ 541.701
29253
[Amended]
2. Amend § 541.701 in paragraph
(a)(1) by removing ‘‘$11,000’’ and
adding in its place ‘‘$50,000’’, and in
paragraph (a)(2) by removing ‘‘10 years’’
and adding in its place ‘‘twenty years’’.
I
PART 542—SYRIAN SANCTIONS
REGULATIONS
PART 594—GLOBAL TERRORISM
SANCTIONS REGULATIONS
1. The authority citation for part 594
is revised to read as follows:
I
1. The authority citation for part 539
is revised to read as follows:
I
Subpart G—Penalties
§ 542.701
PART 539—WEAPONS OF MASS
DESTRUCTION TRADE CONTROL
REGULATIONS
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; E.O. 13338,
69 FR 26751, May 13, 2004; Pub. L. 109–177,
120 Stat. 192.
Authority: 3 U.S.C. 301; 22 U.S.C. 287c; 31
U.S.C. 321(b); 50 U.S.C. 1601–1651, 1701–
1706; Pub. L. 101–410, 104 Stat. 890 (28
U.S.C. 2461 note); E.O. 13224, 66 FR 49079,
September 25, 2001; E.O. 13268, 67 FR
44751, July 3, 2002; 3 CFR, 2002 Comp., p.
240; E.O. 13284, 64 FR 4075, January 28,
2003; Pub. L. 109–177, 120 Stat. 192.
Subpart G—Penalties
2. Amend § 538.701 in paragraph
(a)(1) by removing ‘‘$11,000’’ and
adding in its place ‘‘$50,000’’, and in
paragraph (a)(2) by removing ‘‘10 years’’
and adding in its place ‘‘twenty years’’.
I
§ 594.701
1. The authority citation for part 542
is revised to read as follows:
I
[Amended]
[Amended]
2. Amend § 542.701 in paragraph
(a)(1) by removing ‘‘$11,000’’ and
adding in its place ‘‘$50,000’’, and in
paragraph (a)(2) by removing ‘‘10 years’’
and adding in its place ‘‘twenty years’’.
2. Amend § 594.701 in paragraph
(a)(1) by removing ‘‘$11,000’’ and
adding in its place ‘‘$50,000’’, and in
paragraph (a)(2) by removing ‘‘10 years’’
and adding in its place ‘‘twenty years’’.
Subpart G—Penalties
PART 560—IRANIAN TRANSACTIONS
REGULATIONS
PART 595—TERRORISM SANCTIONS
REGULATIONS
§ 539.701
I
Authority: 3 U.S.C. 301; 22 U.S.C. 2751–
2799aa–2; 31 U.S.C. 321(b); 50 U.S.C. 1601–
1651, 1701–1706; E.O. 12938, 59 FR 59099;
3 CFR, 1994 Comp., p. 950; E.O. 13094, 63
FR 40803; 3 CFR, 1998 Comp., p. 200; Pub.
L. 109–177, 120 Stat. 192.
1. The authority citation for part 560
is revised to read as follows:
[Amended]
2. Amend § 539.701 in paragraph
(a)(1) by removing ‘‘$11,000’’ and
adding in its place ‘‘$50,000’’, and in
paragraph (a)(2) by removing ‘‘10 years’’
and adding in its place ‘‘twenty years’’.
I
PART 540—HIGHLY ENRICHED
URANIUM (HEU) AGREEMENT
ASSETS CONTROL REGULATIONS
1. The authority citation for part 540
is revised to read as follows:
I
Subpart G—Penalties
[Amended]
2. Amend § 540.701 in paragraph
(a)(1) by removing ‘‘$11,000’’ and
adding in its place ‘‘$50,000’’, and in
paragraph (a)(2) by removing ‘‘10 years’’
and adding in its place ‘‘twenty years’’.
I
PART 541—ZIMBABWE SANCTIONS
REGULATIONS
1. The authority citation for part 541
is revised to read as follows:
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13:15 May 19, 2006
Jkt 208001
§ 560.701
I
1. The authority citation for part 595
is revised to read as follows:
I
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Pub. L.
101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
E.O. 12947, 60 FR 5079; 3 CFR, 1995 Comp.,
p. 319; Pub. L. 109–177, 120 Stat. 192.
Subpart G—Penalties
§ 595.701
[Amended]
2. Amend § 595.701 in paragraph
(a)(1) by removing ‘‘$11,000’’ and
adding in its place ‘‘$50,000’’, and in
paragraph (a)(2) by removing ‘‘ten
years’’ and adding in its place ‘‘twenty
years’’.
I
[Amended]
2. Amend § 560.701 in paragraph
(a)(1) by removing ‘‘$11,000’’ and
adding in its place ‘‘$50,000’’, and in
paragraph (a)(2) by removing ‘‘ten
years’’ and adding in its place ‘‘twenty
years’’.
I
PART 588—WESTERN BALKANS
STABILIZATION REGULATIONS
Dated: April 20, 2006.
Barbara C. Hammerle,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. 06–4705 Filed 5–19–06; 8:45 am]
BILLING CODE 4811–37–P
1. The authority citation for part 588
is revised to read as follows:
I
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; E.O. 13219,
66 FR 34777; 3 CFR, 2002 Comp., p. 778; E.O.
13304, 68 FR 32315, May 29, 2003; Pub. L.
109–177, 120 Stat. 192.
Subpart G—Penalties
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; E.O. 13288,
68 FR 11457; 3 CFR, 2003 Comp., p. 186;
Pub. L. 109–177, 120 Stat. 192.
VerDate Aug<31>2005
Authority: 3 U.S.C. 301; 18 U.S.C. 2339B,
2332d; 22 U.S.C. 2349aa–9; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Pub. L.
101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
Pub. L. 106–387, 114 Stat. 1549; E.O. 12613,
52 FR 41940; 3 CFR, 1987 Comp., p. 256; E.O.
12957, 60 FR 14615; 3 CFR, 1995 Comp., p.
332; E.O. 12959, 60 FR 24757, 3 CRF, 1995
Comp., p. 356; E.O. 13059, 62 FR 44531; 3
CFR, 1997 Comp., p. 217; Pub. L. 109–177,
120 Stat. 192.
Subpart G—Penalties
Authority: 3 U.S.C. 301; 31 U.S.C. 321(b);
50 U.S.C. 1601–1651, 1701–1706; Pub. L.
101–410, 104 Stat. 890 (28 U.S.C. 2461 note);
E.O. 13159, 65 FR 39279; 3 CFR Comp., p.
277; Pub. L. 109–177, 120 Stat. 192.
§ 540.701
I
§ 588.701
[Amended]
2. Amend § 588.701 in paragraph
(a)(1) by removing ‘‘$11,000’’ and
I
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29254
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Rules and Regulations
summary of impacts and alternatives
contained in this final rule. Copies of
the small entity compliance guide are
available from Patricia A. Kurkul,
Regional Administrator, Northeast
Region, National Marine Fisheries
Service, One Blackburn Drive,
Gloucester, MA 01930–2298.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, Fishery Policy
Analyst, (978) 281–9279.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060317073–6125–02; I.D.
031406A]
RIN 0648–AT28
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder,
Scup, and Black Sea Bass Fisheries;
Fishing Year 2006
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement recreational management
measures for the 2006 summer flounder,
scup, and black sea bass fisheries. The
intent of these measures is to prevent
overfishing of the summer flounder,
scup, and black sea bass resources.
DATES: Effective June 21, 2006, except
for the amendment to § 648.107(a)
introductory text, which is effective
May 22, 2006.
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 https://www.nero.noaa.gov.
The Final Regulatory Flexibility
Analysis (FRFA) consists of the IRFA,
public comments and responses
contained in this final rule, and the
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 Summer Flounder, Scup,
and Black Sea Bass Fishery Management
Plan (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 management 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 2006 coastwide recreational
harvest limits are 9,293,695 lb (4,216
mt) for summer flounder, 4,153,168 lb
(1,884 mt) for scup, and 3,988,732 lb
(1,809 mt) for black sea bass. The 2006
quota specifications, inclusive of the
recreational harvest limits, were
determined to be consistent with the
2006 target fishing mortality rate (F) for
summer flounder and the target
exploitation rates for scup and black sea
bass.
The proposed rule to implement
annual Federal recreational measures
for the 2006 summer flounder, scup,
and black sea bass fisheries was
published on March 27, 2006 (71 FR
15147), and contained management
measures (minimum fish sizes,
possession limits, and fishing seasons)
intended to keep annual recreational
landings from exceeding the specified
harvest limits. A complete discussion of
the development of the recreational
management measures appeared in the
preamble of the proposed rule and is not
repeated here. 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. For black sea bass,
total length measurement does not
include the caudal fin tendril. All
possession limits discussed below are
per person.
Based on the recommendation of the
Commission, the Regional
Administrator finds that the recreational
summer flounder fishing measures
proposed to be implemented by the
states of Massachusetts through North
Carolina for 2006 are the conservation
equivalent of the season, minimum size,
and possession limit prescribed in
§§ 648.102, 648.103, and 648.105(a),
respectively. According to the
regulation at § 648.107(a)(1), vessels
subject to the recreational fishing
measures of this part and landing
summer flounder in a state with an
approved conservation equivalency
program shall not be subject to the more
restrictive Federal measures, and shall
instead be subject to the recreational
fishing measures implemented by the
state in which they land. Section
648.107(a) has been amended
accordingly. The management measures
will vary according to the state of
landing, as specified in the following
table.
TABLE 1 - 2006 STATE RECREATIONAL MANAGEMENT MEASURES FOR SUMMER FLOUNDER
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State
Possession
Limit
Minimum Fish Size
MA
RI
CT
NY
NJ
DE
MD*
VA
NC
17.5
17.5
18
18
16.5
17
15.5
16.5
14
inches
inches
inches
inches
inches
inches
inches
inches
inches
(44.5
(44.5
(45.7
(45.7
(41.9
(43.2
(39.4
(41.9
(35.6
cm)
cm)
cm)
cm)
cm)
cm)
cm)
cm)
cm)
7
7
6
4
8
4
4
6
8
fish
fish
fish
fish
fish
fish
fish
fish
fish
Fishing Season
January 1 through December 31
April 1 through December 31
April 30 through December 31
May 6 through September 12
May 6 through October 9
January 1 through December 31
January 1 through December 31
January 1 through December 31
January 1 through December 31
* Measures for the ocean waters off MD in the Atlantic Ocean and coastal bays; for the Chesapeake Bay, a 15–inch (38.1–cm) minimum fish
size, a 2–fish possession limit, and a fishing season of January 1 through December 31 applies.
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Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Rules and Regulations
Table 2 contains the coastwide
Federal measures for scup and black sea
bass that are being implemented. These
29255
measures are unchanged from those
published in the proposed rule.
TABLE 2 - 2005 SCUP AND BLACK SEA BASS RECREATIONAL MANAGEMENT MEASURES
Minimum Fish Size
Fishery
inches
cm
Possession
Limit
Scup
10
25.4
50 fish
Black Sea Bass
12
30.5
25 fish
As in the past 4 years, the scup
fishery in state waters will be managed
under a regional conservation
equivalency system developed through
the Commission. Because the Federal
FMP does not contain provisions for
conservation equivalency, and states
may adopt their own unique measures,
the Federal and state recreational scup
management measures will differ for
2006.
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Comments and Responses
One comment letter was received
regarding the proposed recreational
management measures (71 FR 15147,
March 27, 2006).
Comment 1: The commenter
expressed concern about the impact of
commercial fishing on the summer
flounder, scup, and black sea bass total
stocks and supports reduction of the
total allowable landings for these
species by 50 percent in 2006, and by
an additional 10 percent each
subsequent year.
Response: This final rule implements
management measures (minimum fish
sizes, possession limits, and fishing
seasons) intended to keep annual
recreational landings from exceeding
the specified harvest limits. As
described in the proposed rule, the FMP
established Monitoring Committees
(Committees) for the summer flounder,
scup, and black sea bass 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
(i.e., minimum fish size, possession
limit, and fishing season) necessary to
achieve the recreational harvest limits
established for each of the three
fisheries for the upcoming fishing year.
While NMFS acknowledges that
consideration of total allowable
landings and quota allocation are
important, this rule is not the proper
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Fishing Season
January 1 through last day of February, and September 18
through November 30
January 1 through December 31
mechanism to address these general
issues.
Classification
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30–day delay in
effective date for the summer flounder
recreational management measures
contained in this rule (§ 648.107(a)). The
linchpin of NMFS’s decision whether to
proceed with the coastwide measures or
to give effect to the conservation
equivalent measures is advice from the
Commission as to the results of its
review of the plans of the individual
states. This advice has only recently
been received via a letter dated May 3,
2006. The recreational summer flounder
fishery has commenced in all states. The
party and charter vessels from the
various states are by far the largest
component of the recreational fishery
that fish in the EEZ. The Federal
coastwide regulatory measures for the
three species that were codified last year
remain in effect. The Federal coastwide
measures for the summer flounder
fishery are more restrictive than the
measures adopted by the states (with the
exception of NY) and approved by the
Commission as conservation
equivalents, and implemented by NMFS
in this rule. Federally permitted
recreational vessels subject to these
more restrictive measures are currently
operating at a disadvantage, since nonfederally permitted recreational vessels
can fish in state waters under less
restrictive measures.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Included in this final rule is the FRFA
prepared pursuant to 5 U.S.C. 604(a).
The FRFA incorporates the economic
impacts described in the IRFA, a
summary of the significant issues raised
by the public comments in response to
the IRFA, and NMFS’s responses to
those comments, and a summary of the
analyses completed to support the
action. A copy of the EA/RIR/IRFA is
available from the Council (see
ADDRESSES).
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Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this
action is being taken, and the objectives
of and legal basis for this final rule are
explained in the preambles to the
proposed rule and this final rule and are
not repeated here.
Summary of Significant Issues Raised in
Public Comments
The one comment letter received on
the proposed rule did not specifically
address the potential economic impact
of the rule. No changes to the proposed
rule were required to be made as a result
of the public comments. For a summary
of the comments received, and the
responses thereto, refer to the
‘‘Comments and Responses’’ section of
this preamble.
Description and Estimate of Number of
Small Entities to Which This Rule Will
Apply
The Council estimated that the
proposed measures could affect any of
the 803 vessels possessing a Federal
charter/party permit for summer
flounder, scup, and/or black sea bass in
2004, the most recent year for which
complete permit data are available.
However, only 327 of these vessels
reported active participation in the
recreational summer flounder, scup,
and/or black sea bass fisheries in 2004.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
Description of the Steps Taken to
Minimize Economic Impact on Small
Entities
Under the conservation equivalency
approach, each state may implement
unique management measures
appropriate to that state to achieve statespecific harvest limits, as long as the
combined effect of all of the states’
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29256
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Rules and Regulations
management measures achieves the
same level of conservation as would
Federal coastwide measures developed
to achieve the annual recreational
harvest limit. The conservation
equivalency approach allows states
flexibility in the specification of
management measures, unlike the
application of one set of coastwide
measures. It is not possible to further
mitigate economic impacts on small
entities because the specification of the
recreational management measures
(minimum fish size, possession limits,
and fishing seasons) contained in this
final rule is constrained by the
conservation objectives of the FMP.
The economic analysis conducted in
support of this action assessed the
impacts of the various management
alternatives. In the EA, the no action
alternative for each species is defined as
the continuation of the management
measures as codified for the 2005
fishing season. For summer flounder,
although the status quo measures would
be expected to constrain landings to the
2006 target, state-specific implications
of the no-action (coastwide) alternative
would be varied, with the coastwide
measures being more restrictive than the
conservation equivalent measures for
some states and less restrictive for
others. Conservation equivalency allows
each state to tailor specific recreational
fishing measures to the needs of that
state, while still achieving conservation
goals. The implications of the no-action
alternative are not substantial for scup
and black sea bass. Landings of these
species in 2005 were less than their
respective targets, and the status quo
measures are expected to constrain
landings to the 2006 targets. The noaction measures were analyzed in
Summer Flounder Alternative 2, Scup
Alternative 1, and Black Sea Bass
Alternative 1.
At this time, it is not possible to
determine the economic impact of
summer flounder conservation
equivalency on each state. However, it
is likely to be proportional to the level
of landings reductions required. If the
conservation equivalency alternative is
effective at achieving the recreational
harvest limit, then it is likely to be the
only alternative that minimizes
economic impacts, to the extent
practicable, yet achieves the biological
objectives of the FMP. Under § 648.107,
vessels landing summer flounder in any
state that does not implement
conservation equivalent measures are
subject to the precautionary default
measures, consisting of an 18–inch
(45.7–cm) minimum fish size, a
possession limit of one fish, and no
closed season. The suites of
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conservation equivalent measures
proposed by each state are less
restrictive than the precautionary
default measures. Therefore, because
states have a choice as to the specific
measures to apply to landings in each
state, it is more rational for the states to
adopt conservation equivalent measures
that result in fewer adverse economic
impacts than to adopt the more
restrictive measures contained in the
precautionary default alternative.
For the proposed rule, average party/
charter losses for each of the 18
potential combinations of alternatives
were estimated for federally permitted
vessels by multiplying the number of
potentially affected trips in 2006 in each
state by the estimated average access fee
paid by party/charter anglers in the
Northeast Region in 2005. Predicted
average losses for NY were presented as
an example, and ranged from $1,582 per
vessel under the combined effects of
Summer Flounder Alternative 2, Scup
Alternative 3, and Black Sea Bass
Alternative 2, to $6,924 per vessel under
the combined effects of the summer
flounder precautionary default
(considered in Summer Flounder
Alternative 1), Scup Alternative 2, and
Black Sea Bass Alternative 3 (assuming
a 25–percent reduction in effort for
affected trips).
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to permit
holders that also serves as the small
entity compliance guide (the guide) was
prepared and will be sent to all holders
of Federal party/charter permits issued
for the summer flounder, scup, and
black sea bass fisheries. In addition,
copies of this final rule and the guide
are available from NMFS (see
ADDRESSES) and at the following Web
site: https://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
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Dated: May 17, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.107, paragraph (a)
introductory text is revised to read as
follows:
I
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by Massachusetts through North
Carolina for 2006 are the conservation
equivalent of the season, minimum fish
size, and possession limit prescribed in
§§ 648.102, 648.103, and 648.105(a),
respectively. This determination is
based on a recommendation from the
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission.
*
*
*
*
*
[FR Doc. 06–4739 Filed 5–19–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No., I.D. 050906B]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
(NE) Multispecies Fishery; Allocation
of Trips to Closed Area (CA) II
Yellowtail Flounder Special Access
Program (SAP)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; notification of
maximum number of trips.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator) is allocating,
using the formula implemented by
Framework Adjustment (FW) 40B, zero
trips into the CA II Yellowtail Flounder
SAP for the 2006 NE multispecies
fishing year (FY). The intent of this
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]]>Agencies
[Federal Register Volume 71, Number 98 (Monday, May 22, 2006)]
[Rules and Regulations]
[Pages 29253-29256]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4739]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060317073-6125-02; I.D. 031406A]
RIN 0648-AT28
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2006
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to implement recreational
management measures for the 2006 summer flounder, scup, and black sea
bass fisheries. The intent of these measures is to prevent overfishing
of the summer flounder, scup, and black sea bass resources.
DATES: Effective June 21, 2006, except for the amendment to Sec.
648.107(a) introductory text, which is effective May 22, 2006.
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 https://www.nero.noaa.gov.
The Final Regulatory Flexibility Analysis (FRFA) consists of the IRFA,
public comments and responses contained in this final rule, and the
summary of impacts and alternatives contained in this final rule.
Copies of the small entity compliance guide are available from Patricia
A. Kurkul, Regional Administrator, Northeast Region, National Marine
Fisheries Service, One Blackburn Drive, Gloucester, MA 01930-2298.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy
Analyst, (978) 281-9279.
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 Summer Flounder, Scup, and Black Sea Bass
Fishery Management Plan (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 management 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 2006 coastwide recreational harvest limits are 9,293,695 lb
(4,216 mt) for summer flounder, 4,153,168 lb (1,884 mt) for scup, and
3,988,732 lb (1,809 mt) for black sea bass. The 2006 quota
specifications, inclusive of the recreational harvest limits, were
determined to be consistent with the 2006 target fishing mortality rate
(F) for summer flounder and the target exploitation rates for scup and
black sea bass.
The proposed rule to implement annual Federal recreational measures
for the 2006 summer flounder, scup, and black sea bass fisheries was
published on March 27, 2006 (71 FR 15147), and contained management
measures (minimum fish sizes, possession limits, and fishing seasons)
intended to keep annual recreational landings from exceeding the
specified harvest limits. A complete discussion of the development of
the recreational management measures appeared in the preamble of the
proposed rule and is not repeated here. 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. For black sea bass, total length
measurement does not include the caudal fin tendril. All possession
limits discussed below are per person.
Based on the recommendation of the Commission, the Regional
Administrator finds that the recreational summer flounder fishing
measures proposed to be implemented by the states of Massachusetts
through North Carolina for 2006 are the conservation equivalent of the
season, minimum size, and possession limit prescribed in Sec. Sec.
648.102, 648.103, and 648.105(a), respectively. According to the
regulation at Sec. 648.107(a)(1), vessels subject to the recreational
fishing measures of this part and landing summer flounder in a state
with an approved conservation equivalency program shall not be subject
to the more restrictive Federal measures, and shall instead be subject
to the recreational fishing measures implemented by the state in which
they land. Section 648.107(a) has been amended accordingly. The
management measures will vary according to the state of landing, as
specified in the following table.
Table 1 - 2006 State Recreational Management Measures for Summer Flounder
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Possession
State Minimum Fish Size Limit Fishing Season
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MA 17.5 inches (44.5 cm) 7 fish January 1 through December 31
RI 17.5 inches (44.5 cm) 7 fish April 1 through December 31
CT 18 inches (45.7 cm) 6 fish April 30 through December 31
NY 18 inches (45.7 cm) 4 fish May 6 through September 12
NJ 16.5 inches (41.9 cm) 8 fish May 6 through October 9
DE 17 inches (43.2 cm) 4 fish January 1 through December 31
MD* 15.5 inches (39.4 cm) 4 fish January 1 through December 31
VA 16.5 inches (41.9 cm) 6 fish January 1 through December 31
NC 14 inches (35.6 cm) 8 fish January 1 through December 31
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* Measures for the ocean waters off MD in the Atlantic Ocean and coastal bays; for the Chesapeake Bay, a 15-inch
(38.1-cm) minimum fish size, a 2-fish possession limit, and a fishing season of January 1 through December 31
applies.
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Table 2 contains the coastwide Federal measures for scup and black
sea bass that are being implemented. These measures are unchanged from
those published in the proposed rule.
Table 2 - 2005 Scup and Black Sea Bass Recreational Management Measures
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Minimum Fish Size
Fishery ------------------------- Possession Fishing Season
inches cm Limit
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Scup 10 25.4 50 fish January 1 through last day of
February, and September 18
through November 30
Black Sea Bass 12 30.5 25 fish January 1 through December 31
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As in the past 4 years, the scup fishery in state waters will be
managed under a regional conservation equivalency system developed
through the Commission. Because the Federal FMP does not contain
provisions for conservation equivalency, and states may adopt their own
unique measures, the Federal and state recreational scup management
measures will differ for 2006.
Comments and Responses
One comment letter was received regarding the proposed recreational
management measures (71 FR 15147, March 27, 2006).
Comment 1: The commenter expressed concern about the impact of
commercial fishing on the summer flounder, scup, and black sea bass
total stocks and supports reduction of the total allowable landings for
these species by 50 percent in 2006, and by an additional 10 percent
each subsequent year.
Response: This final rule implements management measures (minimum
fish sizes, possession limits, and fishing seasons) intended to keep
annual recreational landings from exceeding the specified harvest
limits. As described in the proposed rule, the FMP established
Monitoring Committees (Committees) for the summer flounder, scup, and
black sea bass 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 (i.e., minimum fish size,
possession limit, and fishing season) necessary to achieve the
recreational harvest limits established for each of the three fisheries
for the upcoming fishing year. While NMFS acknowledges that
consideration of total allowable landings and quota allocation are
important, this rule is not the proper mechanism to address these
general issues.
Classification
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date for the summer flounder recreational management
measures contained in this rule (Sec. 648.107(a)). The linchpin of
NMFS's decision whether to proceed with the coastwide measures or to
give effect to the conservation equivalent measures is advice from the
Commission as to the results of its review of the plans of the
individual states. This advice has only recently been received via a
letter dated May 3, 2006. The recreational summer flounder fishery has
commenced in all states. The party and charter vessels from the various
states are by far the largest component of the recreational fishery
that fish in the EEZ. The Federal coastwide regulatory measures for the
three species that were codified last year remain in effect. The
Federal coastwide measures for the summer flounder fishery are more
restrictive than the measures adopted by the states (with the exception
of NY) and approved by the Commission as conservation equivalents, and
implemented by NMFS in this rule. Federally permitted recreational
vessels subject to these more restrictive measures are currently
operating at a disadvantage, since non-federally permitted recreational
vessels can fish in state waters under less restrictive measures.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Included in this final rule is the FRFA prepared pursuant to 5
U.S.C. 604(a). The FRFA incorporates the economic impacts described in
the IRFA, a summary of the significant issues raised by the public
comments in response to the IRFA, and NMFS's responses to those
comments, and a summary of the analyses completed to support the
action. A copy of the EA/RIR/IRFA is available from the Council (see
ADDRESSES).
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for this final rule are explained in
the preambles to the proposed rule and this final rule and are not
repeated here.
Summary of Significant Issues Raised in Public Comments
The one comment letter received on the proposed rule did not
specifically address the potential economic impact of the rule. No
changes to the proposed rule were required to be made as a result of
the public comments. For a summary of the comments received, and the
responses thereto, refer to the ``Comments and Responses'' section of
this preamble.
Description and Estimate of Number of Small Entities to Which This Rule
Will Apply
The Council estimated that the proposed measures could affect any
of the 803 vessels possessing a Federal charter/party permit for summer
flounder, scup, and/or black sea bass in 2004, the most recent year for
which complete permit data are available. However, only 327 of these
vessels reported active participation in the recreational summer
flounder, scup, and/or black sea bass fisheries in 2004.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken to Minimize Economic Impact on Small
Entities
Under the conservation equivalency approach, each state may
implement unique management measures appropriate to that state to
achieve state-specific harvest limits, as long as the combined effect
of all of the states'
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management measures achieves the same level of conservation as would
Federal coastwide measures developed to achieve the annual recreational
harvest limit. The conservation equivalency approach allows states
flexibility in the specification of management measures, unlike the
application of one set of coastwide measures. It is not possible to
further mitigate economic impacts on small entities because the
specification of the recreational management measures (minimum fish
size, possession limits, and fishing seasons) contained in this final
rule is constrained by the conservation objectives of the FMP.
The economic analysis conducted in support of this action assessed
the impacts of the various management alternatives. In the EA, the no
action alternative for each species is defined as the continuation of
the management measures as codified for the 2005 fishing season. For
summer flounder, although the status quo measures would be expected to
constrain landings to the 2006 target, state-specific implications of
the no-action (coastwide) alternative would be varied, with the
coastwide measures being more restrictive than the conservation
equivalent measures for some states and less restrictive for others.
Conservation equivalency allows each state to tailor specific
recreational fishing measures to the needs of that state, while still
achieving conservation goals. The implications of the no-action
alternative are not substantial for scup and black sea bass. Landings
of these species in 2005 were less than their respective targets, and
the status quo measures are expected to constrain landings to the 2006
targets. The no-action measures were analyzed in Summer Flounder
Alternative 2, Scup Alternative 1, and Black Sea Bass Alternative 1.
At this time, it is not possible to determine the economic impact
of summer flounder conservation equivalency on each state. However, it
is likely to be proportional to the level of landings reductions
required. If the conservation equivalency alternative is effective at
achieving the recreational harvest limit, then it is likely to be the
only alternative that minimizes economic impacts, to the extent
practicable, yet achieves the biological objectives of the FMP. Under
Sec. 648.107, vessels landing summer flounder in any state that does
not implement conservation equivalent measures are subject to the
precautionary default measures, consisting of an 18-inch (45.7-cm)
minimum fish size, a possession limit of one fish, and no closed
season. The suites of conservation equivalent measures proposed by each
state are less restrictive than the precautionary default measures.
Therefore, because states have a choice as to the specific measures to
apply to landings in each state, it is more rational for the states to
adopt conservation equivalent measures that result in fewer adverse
economic impacts than to adopt the more restrictive measures contained
in the precautionary default alternative.
For the proposed rule, average party/charter losses for each of the
18 potential combinations of alternatives were estimated for federally
permitted vessels by multiplying the number of potentially affected
trips in 2006 in each state by the estimated average access fee paid by
party/charter anglers in the Northeast Region in 2005. Predicted
average losses for NY were presented as an example, and ranged from
$1,582 per vessel under the combined effects of Summer Flounder
Alternative 2, Scup Alternative 3, and Black Sea Bass Alternative 2, to
$6,924 per vessel under the combined effects of the summer flounder
precautionary default (considered in Summer Flounder Alternative 1),
Scup Alternative 2, and Black Sea Bass Alternative 3 (assuming a 25-
percent reduction in effort for affected trips).
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
the small entity compliance guide (the guide) was prepared and will be
sent to all holders of Federal party/charter permits issued for the
summer flounder, scup, and black sea bass fisheries. In addition,
copies of this final rule and the guide are available from NMFS (see
ADDRESSES) and at the following Web site: https://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 17, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.107, paragraph (a) introductory text is revised to read
as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by Massachusetts through
North Carolina for 2006 are the conservation equivalent of the season,
minimum fish size, and possession limit prescribed in Sec. Sec.
648.102, 648.103, and 648.105(a), respectively. This determination is
based on a recommendation from the Summer Flounder Board of the
Atlantic States Marine Fisheries Commission.
* * * * *
[FR Doc. 06-4739 Filed 5-19-06; 8:45 am]
BILLING CODE 3510-22-S
