Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Framework Adjustment 6, 42315-42318 [E6-11942]
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Federal Register / Vol. 71, No. 143 / Wednesday, July 26, 2006 / Rules and Regulations
Dated: July 7, 2006.
Matt Hogan,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 06–6486 Filed 7–21–06; 3:06 pm]
criteria set forth in § 648.160(f)(1) have
been met. The revised bluefish quotas
for calendar year 2006 are: New York,
900,526 lb (408,472 kg); and Virginia,
720,915 lb (327,002 kg).
BILLING CODE 4310–55–P
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Authority: 16 U.S.C. 1801 et seq.
Dated: July 20, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 06–6489 Filed 7–21–06; 1:04 pm]
50 CFR Part 648
[Docket No. 051128313–6029–02; I.D.
071906C]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
NMFS announces that the
Commonwealth of Virginia is
transferring 125,000 lb (56,699 kg) of
commercial bluefish quota to the State
of New York from its 2006 quota. By
this action, NMFS adjusts the quotas
and announces the revised commercial
quota for New York and Virginia.
DATES: Effective July 21, 2006 through
December 31, 2006, unless NMFS
publishes a superseding document in
the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Douglas Potts, Fishery Management
Specialist, (978) 281–9341, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found at 50 CFR part
648. The regulations require annual
specification of a commercial quota that
is apportioned among the coastal states
from Florida through Maine. The
process to set the annual commercial
quota and the percent allocated to each
state 1s described in § 648.160.
Two or more states, under mutual
agreement and with the concurrence of
the Administrator, Northeast Region,
NMFS (Regional Administrator), can
transfer or combine bluefish commercial
quota under § 648.160(f). The Regional
Administrator is required to consider
the criteria set forth in § 648.160(f)(1) in
the evaluation of requests for quota
transfers or combinations.
Virginia has agreed to transfer 125,000
lb (56,699 kg) of its 2006 commercial
quota to New York. The Regional
Administrator has determined that the
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 051104293–5344–02; I.D.
071306A]
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SUMMARY:
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Fisheries of the Northeastern United
States; Scup Fishery; Adjustment to
the 2006 Winter II Quota
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
NMFS adjusts the 2006
Winter II commercial scup quota and
possession limit. This action complies
with Framework Adjustment 3
(Framework 3) to the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan, which established a
process to allow the rollover of unused
commercial scup quota from the Winter
I period to the Winter II period.
DATES: This rule is effective November
1, 2006, through December 31, 2006.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, Fishery Policy
Analyst, (978) 281–9279.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule in the Federal
Register on November 3, 2003 (68 FR
62250), implementing a process, for
years in which the full Winter I
commercial scup quota is not harvested,
to allow unused quota from the Winter
I period to be added to the quota for the
Winter II period, and to allow
adjustment of the commercial
possession limits for the Winter II
period commensurate with the amount
of quota rolled over from the Winter I
period. Table 4 of the final 2006 quota
42315
specifications for summer flounder,
scup, and black sea bass (70 FR 77060,
December 29, 2005) presented detailed
information regarding Winter II
possession limits, based on the amount
of scup to be rolled over from Winter I
to Winter II.
For 2006, the Winter II quota is
1,901,983 lb (862,725 kg), and the best
available landings information indicates
that 1,827,598 lb (828,985 kg) remain of
the Winter I quota of 5,382,589 lb
(2,441,501 kg). Consistent with the
intent of Framework 3, the full amount
of unused 2006 Winter I quota is
transferred to Winter II, resulting in a
revised 2006 Winter II quota of
3,729,581 lb (1,691,709 kg). In addition
to the quota transfer, the 2006 Winter II
possession limit is increased, consistent
with the rollover specifications
established in the 2006 final rule (70 FR
77060), to 6,500 lb (2,948 kg) per trip to
provide an appropriate opportunity for
fishing vessels to obtain the increased
Winter II quota.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 20, 2006.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–11940 Filed 7–25–06; 8:45 am]
BILLING CODE 3510–22–S
SUMMARY:
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060503118–6169–02; I.D.
042606E]
RIN 0648–AT26
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; Framework
Adjustment 6
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement measures contained in
Framework Adjustment 6 (Framework
6) to the Summer Flounder, Scup, and
Black Sea Bass Fishery Management
Plan (FMP) that will allow regional
conservation equivalency in the summer
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flounder recreational fishery. The intent
is to provide flexibility and efficiency to
the management of the summer flounder
recreational fishery, specifically by
expanding the suite of management
tools available when conservation
equivalency is implemented. In
addition, this final rule includes three
administrative modifications to the
existing regulations for clarification
purposes.
DATES: This rule is effective August 25,
2006.
ADDRESSES: Copies of Framework 6,
which includes 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 New 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.
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 management unit for
summer flounder (Paralichthys
dentatus), specified in the FMP, is
defined as U.S. waters of the Atlantic
Ocean from the southern border of
North Carolina northward to the U.S./
Canada border.
The proposed rule for Framework 6
was published on May 15, 2006 (71 FR
27981). A complete discussion of the
development of Framework 6, including
explanation of the conservation
equivalency recommendation process,
appeared in the preamble of the
proposed rule and is not repeated here.
Conservation equivalency allows each
state to establish its own recreational
management measures (possession
limits, minimum fish size, and fishing
seasons) to achieve its state harvest
limit, as long as the combined effect of
all of the states’ management measures
achieves the same level of conservation
as would Federal coastwide measures
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developed to achieve the overall
recreational harvest limit.
Framework 6 allows for the voluntary
formation of multi-state regions by two
or more adjacent states for the purpose
of setting regional, conservationequivalent recreational summer
flounder fishing measures. Using
guidelines approved by both the
Council and the Commission, multistate conservation equivalency regions
could develop fishing measures (i.e.,
minimum fish size, possession limits,
and fishing seasons) intended to
maximize landings in the region,
without resulting in overages of the
regional targets (in number of fish). All
states forming a region would be
required to implement identical
recreational fishery regulations.
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
Exclusive Economic Zone (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
precautionary default measures would
be assigned to 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 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.
Under Framework 6, multi-state
conservation equivalency measures for
each region would be developed in the
same manner (including the same
procedures and timelines) as for statespecific conservation equivalency
measures, as specified in Framework 2
to the FMP (Framework 2), which
established summer flounder
conservation equivalency.
The recreational harvest limit for a
multi-state region would be the sum of
the harvest limits for all of the states
volunteering to form that region. The
Summer Flounder Technical Committee
would develop region-specific tables as
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necessary for use by a multi-state region
in determining recreational management
measures expected to constrain
recreational landings to the regional
harvest limit. Assuming that a state or
region makes its plans for the current
calendar year at the beginning of the
calendar year, the prior year’s
recreational landings would be pooled
among the inclusive states and then
compared to the current year’s regionspecific recreational harvest limit to
determine if any reduction in landings
would be required of that region. Each
multi-state region would then craft its
regulations under the same guidelines
used to develop state-specific
conservation equivalency measures and
under the same timeline identified in
Framework 2.
There are two possible scenarios for
how states could proceed based on
whether a region decides to maintain its
voluntary regional agreement or decides
to dissolve the voluntary multi-state
region and resume state-specific
conservation equivalency during the
year following the year for which the
region was formed. First, in the event
that a multi-state region maintains its
voluntary conservation equivalency
agreement, the region would again
compare its regional recreational
landings for the prior year to the current
year’s region-specific recreational
harvest limit to determine if any
necessary reductions in landings would
be required of that region. The region
would then adjust its regulations such
that the region-specific harvest limit
would be achieved. Second, in the event
the region dissolves its agreement and
opts for state-specific conservation
equivalency, state-specific harvest limits
would apply and individual states
would compare their state-specific
landings for the prior year to the statespecific harvest limits in the current
year. Each state would then adjust its
regulations such that the state-specific
harvest limits would be achieved. As
established for individual states in
Framework 2, a multi-state region that
does not exceed its regional harvest
limit in a given year may be allowed to
set less restrictive management
measures for the following year, if the
following year’s regional harvest limit is
greater than the current year’s regional
landings.
This final rule expands the scope of
the regulations at § 648.100(e) to allow
states and/or multi-state regions to
implement conservation equivalent
recreational fishing measures. The
conservation equivalency regulations at
§ 648.107 continue to apply, i.e.,
references to ‘‘state’’ are not modified,
since individual states are ultimately
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responsible for implementation of the
conservation equivalent regulations
(including those approved for a multistate region).
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.
Need for Clarification/Correction
This final rule also makes three
administrative changes to the summer
flounder regulations, as set out in the
proposed rule (71 FR 27981, May 15,
2006), to: (1) Clarify (at § 648.104(b))
that, although the minimum mesh size
requirements specified for otter trawls
would not apply for a vessel issued a
summer flounder small-mesh exemption
letter, other restrictions in part 648 may
limit the area in which the exemption
letter may be used; (2) correct the
reference to net stowage requirements at
§ 648.104(b)(1) to read ‘‘§ 648.104(e)’’
rather than ‘‘§ 648.100(e)’’ as it was
inadvertently published in a final rule
that consolidated regulations governing
multiple marine fisheries of the
Northeast region into one new CFR part
(61 FR 34966, July 3, 1996); and (3)
modify the wording of the regulatory
text at § 648.107(b) for clarification
purposes.
Summary of Significant Issues Raised in
Public Comments
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Comments and Responses
One comment letter was received
regarding the proposed rule (71 FR
27981, May 15, 2006), but it did not
include comment on management of the
recreational summer flounder fishery.
Comment: The commenter expressed
concern about the impact of commercial
fishing on fish stocks in general, and
supports reduction of all quotas by 50
percent in 2006, and by an additional 10
percent each subsequent year.
Response: While NMFS acknowledges
that consideration of total allowable
landings and quota allocation are
important, these general issues are
outside the scope of this rulemaking.
Classification
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
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The one comment letter received on
the proposed rule did not 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 comment. 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
In 2004, the most recent year for
which complete permit data are
available, 803 vessels possessed a
Federal charter/party permit for summer
flounder, scup, and/or black sea bass. Of
these, 739 vessels held a permit to
participate in the recreational fishery for
summer flounder only, or in
combination with scup and black sea
bass. However, only 284 of these vessels
landed summer flounder 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
This action is not expected to result
in negative impacts to a significant
number of small entities participating in
the recreational summer flounder
fishery, relative to the status quo. The
coastwide recreational harvest limit for
summer flounder would not be altered.
Multi-state conservation equivalency
regions will develop fishing measures
that maximize the harvest of the regionspecific limit, without resulting in
overages. This is similar to what is
currently done on a state-specific basis
when conservation equivalency is
implemented, but on a larger scale. It is
expected that the conservation
equivalent recreational management
measures would allow each state or
multi-state region to develop specific
summer flounder recreational measures
that allow the fishery to operate during
critical fishing periods, while still
achieving conservation goals and
mitigating potential adverse economic
effects in specific states.
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42317
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.’’ However, this rule
does not make any changes that
necessitate vessel compliance. This
action allows for expansion of the
existing conservation equivalency
management option to a regional scope.
Because the conservation equivalency
regulations at § 648.107 would continue
to apply, i.e., references to ‘‘state’’
would not be modified, and because the
additional modifications to the summer
flounder regulations are minor and
administrative, there is no need for a
small entity compliance guide. NMFS
has updated the text for future summer
flounder small-mesh exemption letters
to reflect that other restrictions in part
648 may limit the area in which the
exemption letter may be used. In
addition, copies of this final rule are
available from NMFS (see ADDRESSES)
and at the following website: https://
www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 20, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble,
50 CFR part 648 is amended as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: Authority: 16 U.S.C. 1801 et
seq.
2. In § 648.100, paragraphs (e)(2)
introductory text, (e)(2)(i), and (e)(2)(ii)
are revised to read as follows:
I
§ 648.100 Catch quotas and other
restrictions.
*
*
*
*
*
(e) * * *
(2) Conservation equivalent measures.
Individual states or regions formed
voluntarily by adjacent states (i.e.,
multi-state conservation equivalency
regions) may implement different
combinations of minimum fish sizes,
possession limits, and closed seasons
that achieve equivalent conservation as
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the coastwide measures established
under paragraph (e)(1) of this section.
Each state or multi-state conservation
equivalency region may implement
measures by mode or area only if the
proportional standard error of Marine
Recreational Fisheries Statistics Survey
(MRFSS) landings estimates by mode or
area for that state are less than 30
percent.
(i) After review of the
recommendations, the Regional
Administrator will publish a proposed
rule in the Federal Register on or about
March 1 to implement the overall
percent adjustment in recreational
landings required for the fishing year,
the Council and Commission’s
recommendation concerning
conservation equivalency, the
precautionary default measures, and
coastwide measures.
(ii) During the public comment period
on the proposed rule, the Commission
will review conservation equivalency
proposals and determine whether or not
they achieve the necessary adjustment
to recreational landings. The
Commission will provide the Regional
Administrator with the individual state
and/or multi-state region conservation
measures for the approved state and/or
multi-state region proposals and, in the
case of disapproved state and/or multistate region proposals, the precautionary
default measures.
*
*
*
*
*
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3. In § 648.104, paragraphs (b)
introductory text and (b)(1) introductory
text are revised to read as follows:
I
§ 648.104
Gear restrictions.
*
*
*
*
*
(b) Exemptions. Unless otherwise
restricted by this part, the minimum
mesh-size requirements specified in
paragraph (a)(1) of this section do not
apply to:
(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). Vessels fishing
under the LOA shall not fish west of the
line. Vessels issued a permit under
§ 648.4(a)(3)(iii) may transit the area
west or south of the line, if the vessel’s
fishing gear is stowed in a manner
prescribed under § 648.104(e), so that it
is not ‘‘available for immediate use’’
outside the exempted area. The Regional
Administrator may terminate this
exemption if he/she determines, after a
review of sea sampling data, that vessels
fishing under the exemption are
discarding more than 10 percent, by
weight, of their entire catch of summer
flounder per trip. If the Regional
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Administrator makes such a
determination, he/she shall publish
notification in the Federal Register
terminating the exemption for the
remainder of the exemption season.
*
*
*
*
*
4. In § 648.107, paragraph (b) is
revised to read as follows:
I
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
*
*
*
*
*
(b) Federally permitted vessels subject
to the recreational fishing measures of
this part, and other recreational fishing
vessels subject to the recreational
fishing measures of this part and
registered in states whose fishery
management measures are not
determined by the Regional
Administrator to be the conservation
equivalent of the season, minimum size
and possession limit prescribed in
§§ 648.102, 648.103(b) and 648.105(a),
respectively, due to the lack of, or the
reversal of, a conservation equivalent
recommendation from the Summer
Flounder Board of the Atlantic States
Marine Fisheries Commission, shall be
subject to the following precautionary
default measures: Season - January 1
through December 31; minimum size 18 inches (45.7 cm); and possession
limit - one fish.
[FR Doc. E6–11942 Filed 7–25–06; 8:45 am]
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]]>Agencies
[Federal Register Volume 71, Number 143 (Wednesday, July 26, 2006)]
[Rules and Regulations]
[Pages 42315-42318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11942]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060503118-6169-02; I.D. 042606E]
RIN 0648-AT26
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Framework Adjustment 6
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement measures contained in
Framework Adjustment 6 (Framework 6) to the Summer Flounder, Scup, and
Black Sea Bass Fishery Management Plan (FMP) that will allow regional
conservation equivalency in the summer
[[Page 42316]]
flounder recreational fishery. The intent is to provide flexibility and
efficiency to the management of the summer flounder recreational
fishery, specifically by expanding the suite of management tools
available when conservation equivalency is implemented. In addition,
this final rule includes three administrative modifications to the
existing regulations for clarification purposes.
DATES: This rule is effective August 25, 2006.
ADDRESSES: Copies of Framework 6, which includes 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 New 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.
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 management unit for summer flounder
(Paralichthys dentatus), specified in the FMP, is defined as U.S.
waters of the Atlantic Ocean from the southern border of North Carolina
northward to the U.S./Canada border.
The proposed rule for Framework 6 was published on May 15, 2006 (71
FR 27981). A complete discussion of the development of Framework 6,
including explanation of the conservation equivalency recommendation
process, appeared in the preamble of the proposed rule and is not
repeated here.
Conservation equivalency allows each state to establish its own
recreational management measures (possession limits, minimum fish size,
and fishing seasons) to achieve its state harvest limit, 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 overall recreational harvest limit.
Framework 6 allows for the voluntary formation of multi-state
regions by two or more adjacent states for the purpose of setting
regional, conservation-equivalent recreational summer flounder fishing
measures. Using guidelines approved by both the Council and the
Commission, multi-state conservation equivalency regions could develop
fishing measures (i.e., minimum fish size, possession limits, and
fishing seasons) intended to maximize landings in the region, without
resulting in overages of the regional targets (in number of fish). All
states forming a region would be required to implement identical
recreational fishery regulations.
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 Exclusive
Economic Zone (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 precautionary
default measures would be assigned to 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 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.
Under Framework 6, multi-state conservation equivalency measures
for each region would be developed in the same manner (including the
same procedures and timelines) as for state-specific conservation
equivalency measures, as specified in Framework 2 to the FMP (Framework
2), which established summer flounder conservation equivalency.
The recreational harvest limit for a multi-state region would be
the sum of the harvest limits for all of the states volunteering to
form that region. The Summer Flounder Technical Committee would develop
region-specific tables as necessary for use by a multi-state region in
determining recreational management measures expected to constrain
recreational landings to the regional harvest limit. Assuming that a
state or region makes its plans for the current calendar year at the
beginning of the calendar year, the prior year's recreational landings
would be pooled among the inclusive states and then compared to the
current year's region-specific recreational harvest limit to determine
if any reduction in landings would be required of that region. Each
multi-state region would then craft its regulations under the same
guidelines used to develop state-specific conservation equivalency
measures and under the same timeline identified in Framework 2.
There are two possible scenarios for how states could proceed based
on whether a region decides to maintain its voluntary regional
agreement or decides to dissolve the voluntary multi-state region and
resume state-specific conservation equivalency during the year
following the year for which the region was formed. First, in the event
that a multi-state region maintains its voluntary conservation
equivalency agreement, the region would again compare its regional
recreational landings for the prior year to the current year's region-
specific recreational harvest limit to determine if any necessary
reductions in landings would be required of that region. The region
would then adjust its regulations such that the region-specific harvest
limit would be achieved. Second, in the event the region dissolves its
agreement and opts for state-specific conservation equivalency, state-
specific harvest limits would apply and individual states would compare
their state-specific landings for the prior year to the state-specific
harvest limits in the current year. Each state would then adjust its
regulations such that the state-specific harvest limits would be
achieved. As established for individual states in Framework 2, a multi-
state region that does not exceed its regional harvest limit in a given
year may be allowed to set less restrictive management measures for the
following year, if the following year's regional harvest limit is
greater than the current year's regional landings.
This final rule expands the scope of the regulations at Sec.
648.100(e) to allow states and/or multi-state regions to implement
conservation equivalent recreational fishing measures. The conservation
equivalency regulations at Sec. 648.107 continue to apply, i.e.,
references to ``state'' are not modified, since individual states are
ultimately
[[Page 42317]]
responsible for implementation of the conservation equivalent
regulations (including those approved for a multi-state region).
Need for Clarification/Correction
This final rule also makes three administrative changes to the
summer flounder regulations, as set out in the proposed rule (71 FR
27981, May 15, 2006), to: (1) Clarify (at Sec. 648.104(b)) that,
although the minimum mesh size requirements specified for otter trawls
would not apply for a vessel issued a summer flounder small-mesh
exemption letter, other restrictions in part 648 may limit the area in
which the exemption letter may be used; (2) correct the reference to
net stowage requirements at Sec. 648.104(b)(1) to read ``Sec.
648.104(e)'' rather than ``Sec. 648.100(e)'' as it was inadvertently
published in a final rule that consolidated regulations governing
multiple marine fisheries of the Northeast region into one new CFR part
(61 FR 34966, July 3, 1996); and (3) modify the wording of the
regulatory text at Sec. 648.107(b) for clarification purposes.
Comments and Responses
One comment letter was received regarding the proposed rule (71 FR
27981, May 15, 2006), but it did not include comment on management of
the recreational summer flounder fishery.
Comment: The commenter expressed concern about the impact of
commercial fishing on fish stocks in general, and supports reduction of
all quotas by 50 percent in 2006, and by an additional 10 percent each
subsequent year.
Response: While NMFS acknowledges that consideration of total
allowable landings and quota allocation are important, these general
issues are outside the scope of this rulemaking.
Classification
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
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
comment. 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
In 2004, the most recent year for which complete permit data are
available, 803 vessels possessed a Federal charter/party permit for
summer flounder, scup, and/or black sea bass. Of these, 739 vessels
held a permit to participate in the recreational fishery for summer
flounder only, or in combination with scup and black sea bass. However,
only 284 of these vessels landed summer flounder 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
This action is not expected to result in negative impacts to a
significant number of small entities participating in the recreational
summer flounder fishery, relative to the status quo. The coastwide
recreational harvest limit for summer flounder would not be altered.
Multi-state conservation equivalency regions will develop fishing
measures that maximize the harvest of the region-specific limit,
without resulting in overages. This is similar to what is currently
done on a state-specific basis when conservation equivalency is
implemented, but on a larger scale. It is expected that the
conservation equivalent recreational management measures would allow
each state or multi-state region to develop specific summer flounder
recreational measures that allow the fishery to operate during critical
fishing periods, while still achieving conservation goals and
mitigating potential adverse economic effects in specific states.
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.'' However, this rule does not make any changes that necessitate
vessel compliance. This action allows for expansion of the existing
conservation equivalency management option to a regional scope. Because
the conservation equivalency regulations at Sec. 648.107 would
continue to apply, i.e., references to ``state'' would not be modified,
and because the additional modifications to the summer flounder
regulations are minor and administrative, there is no need for a small
entity compliance guide. NMFS has updated the text for future summer
flounder small-mesh exemption letters to reflect that other
restrictions in part 648 may limit the area in which the exemption
letter may be used. In addition, copies of this final rule are
available from NMFS (see ADDRESSES) and at the following website:
https://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 20, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons stated in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.100, paragraphs (e)(2) introductory text, (e)(2)(i),
and (e)(2)(ii) are revised to read as follows:
Sec. 648.100 Catch quotas and other restrictions.
* * * * *
(e) * * *
(2) Conservation equivalent measures. Individual states or regions
formed voluntarily by adjacent states (i.e., multi-state conservation
equivalency regions) may implement different combinations of minimum
fish sizes, possession limits, and closed seasons that achieve
equivalent conservation as
[[Page 42318]]
the coastwide measures established under paragraph (e)(1) of this
section. Each state or multi-state conservation equivalency region may
implement measures by mode or area only if the proportional standard
error of Marine Recreational Fisheries Statistics Survey (MRFSS)
landings estimates by mode or area for that state are less than 30
percent.
(i) After review of the recommendations, the Regional Administrator
will publish a proposed rule in the Federal Register on or about March
1 to implement the overall percent adjustment in recreational landings
required for the fishing year, the Council and Commission's
recommendation concerning conservation equivalency, the precautionary
default measures, and coastwide measures.
(ii) During the public comment period on the proposed rule, the
Commission will review conservation equivalency proposals and determine
whether or not they achieve the necessary adjustment to recreational
landings. The Commission will provide the Regional Administrator with
the individual state and/or multi-state region conservation measures
for the approved state and/or multi-state region proposals and, in the
case of disapproved state and/or multi-state region proposals, the
precautionary default measures.
* * * * *
0
3. In Sec. 648.104, paragraphs (b) introductory text and (b)(1)
introductory text are revised to read as follows:
Sec. 648.104 Gear restrictions.
* * * * *
(b) Exemptions. Unless otherwise restricted by this part, the
minimum mesh-size requirements specified in paragraph (a)(1) of this
section do not apply to:
(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). Vessels fishing under
the LOA shall not fish west of the line. Vessels issued a permit under
Sec. 648.4(a)(3)(iii) may transit the area west or south of the line,
if the vessel's fishing gear is stowed in a manner prescribed under
Sec. 648.104(e), so that it is not ``available for immediate use''
outside the exempted area. The Regional Administrator may terminate
this exemption if he/she determines, after a review of sea sampling
data, that vessels fishing under the exemption are discarding more than
10 percent, by weight, of their entire catch of summer flounder per
trip. If the Regional Administrator makes such a determination, he/she
shall publish notification in the Federal Register terminating the
exemption for the remainder of the exemption season.
* * * * *
0
4. In Sec. 648.107, paragraph (b) is revised to read as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
* * * * *
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels subject
to the recreational fishing measures of this part and registered in
states whose fishery management measures are not determined by the
Regional Administrator to be the conservation equivalent of the season,
minimum size and possession limit prescribed in Sec. Sec. 648.102,
648.103(b) and 648.105(a), respectively, due to the lack of, or the
reversal of, a conservation equivalent recommendation from the Summer
Flounder Board of the Atlantic States Marine Fisheries Commission,
shall be subject to the following precautionary default measures:
Season - January 1 through December 31; minimum size - 18 inches (45.7
cm); and possession limit - one fish.
[FR Doc. E6-11942 Filed 7-25-06; 8:45 am]
BILLING CODE 3510-22-S
