Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2007 Summer Flounder, Scup, and Black Sea Bass Specifications, 75134-75144 [06-9677]
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75134
Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations
shark fins, respectively, the estimated
revenue for the first trimester in 2006
from the 113.8 mt in overharvest was
$317,998. However, a closure during the
first trimester of 2007 would result in
disrupted revenue flows and result in
negative economic impacts.
Overall, the economic impact of
reduced 2007 LCS quota for both the
South Atlantic and Gulf of Mexico
regions would result in a total economic
impact of $648,462 in reduced revenues.
While those past excess revenues
exceed the 2007 estimated reductions in
revenues from LCS, it is still likely that
fishing operations will face economic
impacts due to dramatic cash flow
reductions in 2007 and, potentially,
beyond since it is likely that 2006
excess revenues were not retained by
fishermen to offset future shortfalls
since reductions in quota were likely
unanticipated at the time. Some of these
impacts might be mitigated somewhat
for vessels that can fish in other regions
or fisheries. However, these
opportunities will likely be limited and
result in additional costs associated
with adjusting current fishing practices.
The Agency received public comment
indicating that quota reductions in the
golden tilefish fishery will also impact
participants fishing with bottom
longline gear in the Cape Canaveral, FL,
area as many of these fishermen depend
on LCS and golden tilefish.
Alternative A2, the preferred
alternative, which would close the
entire South Atlantic region for LCS
during the first trimester of 2007 and
open the entire region including the
mid-Atlantic shark closed area region in
July 2007, pending availability of quota,
could minimize the economic costs
associated with the South Atlantic
regional overharvest. As described
above for Alternative A1, the 2006
overharvest is estimated to have a direct
revenue impact on regional commercial
shark fishing activity of approximately
$338,242 for the South Atlantic and
$310,220 for the Gulf of Mexico. In
2005, 46 vessels reported landings in
the South Atlantic region, indicating
that the LCS closure could result in a
loss of revenue of approximately $7,353
per vessel. There were also 86 vessels
reporting landings in the Gulf of
Mexico, indicating that the LCS reduced
quota in this region for the first
trimester could result in a loss of
revenues of approximately $3,607 per
vessel. However, this alternative might
provide an additional month of fishing
opportunities for vessels that may not be
able to participate in the South Atlantic
regional fishery during the first six
months of 2007. Compared to preclosure landings (2002–2004), landings
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15:47 Dec 13, 2006
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in 2005 of LCS decreased by 13.9 mt dw
which may have been a result of the
closed area. This additional month of
access to the mid-Atlantic shark closed
area during the month of July is
estimated to potentially result in an
additional $34,188 in gross shark
revenues based on the difference in
landings that may occur as a result of
reopening the mid-Atlantic shark closed
area.
Alternative A3 would open the midAtlantic shark closed area on January 1,
2007, through July 31, 2007, dependant
on available quota for LCS during the
first and second trimester seasons of
2007. Given the preliminary landings
data as of November 13, 2006 (71 FR
66154), it is likely quota will not be
available since the data indicate that
extensive overharvests in the South
Atlantic region would result in no
available quota in that region. The
impacts of this alternative would be
similar to the preferred alternative or
the status quo alternative as lack of
available quota would prevent fishing in
the South Atlantic region during the
first trimester. In addition, updated
landings data for LCS in the Gulf of
Mexico region indicate that a transfer of
LCS quota from the Gulf of Mexico
region to the South Atlantic region is no
longer a feasible option. This alternative
is not preferred because the preferred
alternative achieves similar objectives,
yet ensures that the ecological benefits
of maintaining the mid-Atlantic shark
closed area are maintained through June
2007.
Alternatives (A4 and A5) were also
considered. These two alternatives
would have modified the percent of the
annual baseline quota each region
received based on recent harvest (A4) or
would have spread the impacts of the
current overharvest out over several
years (A5). These two alternatives were
not preferred given the data used for
modifying the current regional
allocation did not consider the
overharvest (logbooks from 2006 are not
available for analyses yet) and given the
Agency’s decision to amend shark
management based on the results of the
latest assessments (November 7, 2006;
71 FR 65086).
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Treaties.
PO 00000
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Fmt 4700
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Dated: December 7, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For reasons set out in the preamble, 50
CFR part 635 is amended as follows:
I
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
I
Authority: 16 U.S.C. et seq.; 16 U.S.C. 1801
et seq.
2.In § 635.21, paragraph (d)(1) is
revised to read asfollows:
I
§ 635.21 Gear operation and deployment
restrictions.
*
*
*
*
*
(d) * * *
(1) If bottom longline gear is on board
a vessel issued a permit under this part
635, persons on board that vessel may
not fish or deploy any type of fishing
gear in the mid-Atlantic shark closed
area from January 1 through July 31
each calendar year, except that in 2007
the mid-Atlantic shark closed area will
be closed from January 1 through June
30 and may open in July, contingent
upon available quota.
*
*
*
*
*
[FR Doc. 06–9667 Filed 12–8–06; 2:52 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
RIN 0648–AT60
[Docket No. 061020273–6321–02; I.D.
101606A]
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2007
Summer Flounder, Scup, and Black
Sea Bass Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues final
specifications for the 2007 summer
flounder, scup, and black sea bass
fisheries. This final rule specifies
allowed harvest limits for both
commercial and recreational fisheries,
including commercial scup possession
limits. This action prohibits federally
permitted commercial vessels from
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landing summer flounder in Delaware
in 2007 due to continued quota
repayment from previous year’s
overages.
The actions of this final rule are
necessary to comply with regulations of
implementing the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP) as well as to
ensure compliance with the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
The intent of this action is to establish
harvest levels and other management
measures to ensure that target fishing
mortality rates (F) or exploitation rates,
as specified for these species in the
FMP, are not exceeded. In addition, this
action implements measures that ensure
continued rebuilding of the overfished
scup stock and end overfishing in the
summer flounder fishery.
DATES: Effective January 1, 2007,
through December 31, 2007.
ADDRESSES: Copies of the specifications
document, including the Environmental
Assessment (EA), Regulatory Impact
Review (RIR), the Initial Regulatory
Flexibility Analysis (IRFA), and other
supporting documents used by the
Summer Flounder, Scup, and Black Sea
Bass Monitoring Committees are
available from Daniel Furlong,
Executive Director, Mid-Atlantic
Fishery Management Council, Room
2115, Federal Building, 300 South
Street, Dover, DE 19901–6790. The
specifications document is also
accessible via the Internet at https://
www.nero.noaa.gov. The Final
Regulatory Flexibility Analysis (FRFA)
consists of the IRFA, public comments
and responses contained in this final
rule, and the summary of impacts and
alternatives contained in this final rule.
Copies of the small entity compliance
guide and the Supplemental Regulatory
Impact Review Analysis 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:
Michael P. Ruccio, Fishery Policy
Analyst, (978) 281–9104.
SUPPLEMENTARY INFORMATION:
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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),
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in consultation with the New England
and South Atlantic Fishery Management
Councils.
The management units specified in
the FMP include summer flounder
(Paralichthys dentatus) in U.S. waters of
the Atlantic Ocean from the southern
border of NC northward to the U.S./
Canada border, and scup (Stenotomus
chrysops) and black sea bass
(Centropristis striata) in U.S. waters of
the Atlantic Ocean from 35°13.3′ N. lat.
(the latitude of Cape Hatteras
Lighthouse, Buxton, NC) northward to
the U.S./Canada border. Implementing
regulations for these fisheries are found
at 50 CFR part 648, subpart A (general
provisions), subpart G (summer
flounder), subpart H (scup), and subpart
I (black sea bass).
The regulations outline the process
for specifying the annual catch limits for
the summer flounder, scup, and black
sea bass commercial and recreational
fisheries, as well as other management
measures (e.g., mesh requirements,
minimum fish sizes, gear restrictions,
possession restrictions, and area
restrictions) for these fisheries. The
measures are intended to achieve the
annual targets set forth for each species
in the FMP, specified either as an F or
an exploitation rate (the proportion of
fish available at the beginning of the
year that may be removed by fishing
during the year). Once the catch limits
are established, they are divided into
quotas based on formulas contained in
the FMP. Detailed background
information regarding the status of the
summer flounder, scup, and black sea
bass stocks and the development of the
2007 specifications for these fisheries
was provided in the proposed
specifications (71 FR 62972, October 27,
2006). That information is not repeated
here.
NMFS will establish the 2007
recreational management measures for
summer flounder, scup, and black sea
bass by publishing a proposed and final
rule in the Federal Register at a later
date, following receipt of the Council’s
recommendations as specified in the
FMP.
Summer Flounder
The FMP specifies a target F of Fmax,
that is, the level of fishing that produces
maximum yield per recruit. The best
available scientific information
indicates that, for 2007, the Total
Allowable Landings (TAL) must be set
equal to Frebuild or the level of fishing
mortality that will help ensure that the
summer flounder stock is rebuilt by
2010. Therefore, for 2007, Ftarget= Frebuild
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75135
at 0.15. This complies with the
requirement at 50 CFR 648.100 that the
agency implement measures (e.g., a
TAL) necessary to ensure, with at least
a 50–percent probability, that Fmax will
not be exceeded. This provision gives
NMFS the ability to meet the statutory
obligation under section 304 of the
Magnuson-Stevens Act to rebuild the
summer flounder stock to its target
biomass within the statutory 10-year
period.
The TAL associated with the target F
is allocated 60 percent to the
commercial sector and 40 percent to the
recreational sector. The commercial
quota is allocated to the coastal states
based upon percentage shares specified
in the FMP. The recreational harvest
limit is specified on a coastwide basis.
Recreational measures will be the
subject of a separate rulemaking early in
2007.
This final rule implements the
specifications contained in the October
27, 2006, proposed rule: A summer
flounder TAL of 12.983 million lb
(5,889 mt) for 2007. The TAL for 2007
is allocated 7,789,800 lb (3,533 mt) to
the commercial sector and 5,193,200 lb
(2,356 mt) to the recreational sector.
This TAL is expected to have at least a
75–percent probability of achieving the
target F of 0.15 in 2007, if the 2006 TAL
and assumed discard levels are not
exceeded, and is also expected to allow
for rebuilding of the stock to the target
biomass by 2010.
Four research projects that would
utilize the full summer flounder
research set-aside (RSA) of 389,490 lb
(177 mt) have been conditionally
approved by NMFS and are currently
awaiting notice of award. If a project is
not approved by the NOAA Grants
Office, the research quota associated
with the disapproved proposal will be
restored to the summer flounder TAL
through publication in the Federal
Register.
Consistent with the revised quota
setting procedures for the FMP found at
50 CFR 648.100(a)(1)(ii), summer
flounder overages are determined based
upon landings for the 2005 calendar
year that were not accounted for in the
2006 final rule (70 FR 77060, December
29, 2005) and any current fishing year
overages through October 31, 2006.
Table 1 summarizes, for each state, the
commercial summer flounder percent
share, the 2007 commercial quota (both
initial and less the RSA), the quota
reductions from overages as described
above, and the resulting final adjusted
2007 commercial quota.
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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations
TABLE 1. FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2007
Percent
Share
Initial Quota
State
lb
Initial Quota, Less RSA
kg
lb
kg
Quota Overages (through
10/31/06)1
lb
Adjusted Quota less RSA2
lb
kg
kg
ME
0.04756
3,705
1,681
3,594
1,630
0
0
3,594
1,630
NH
0.00046
36
16
35
16
0
0
35
16
MA
6.82046
531,300
240,998
515,361
233,768
30,046
13,629
485,315
220,139
RI
15.68298
1,221,673
554,151
1,185,023
537,526
0
0
1,185,023
537,526
CT
2.25708
175,822
79,753
170,547
77,360
16,470
7,471
154,077
69,889
NY
7.64599
595,685
270,203
577,815
262,097
156,038
70,779
421,777
191,318
NJ
16.72499
1,302,843
590,970
1,263,758
573,241
0
0
1,263,758
573,241
DE
0.01779
1,386
629
1,344
610
50,528
22,920
-49,184
-22,310
MD
2.03910
158,842
72,051
154,077
69,889
0
0
154,077
69,889
VA
21.31676
1,660,533
753,218
1,610,717
730,621
0
0
1,610,717
730,621
NC
27.44584
2,137,976
969,786
2,073,837
940,692
0
0
2,073,837
940,692
100.00
7,789,801
3,533,454
7,556,108
3,427,451
253,082
114,798
7,303,026
3,312,653
Total
3
1
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2006 quota overage is determined through comparison of landings for January through October 2006 plus any landings in 2005 in excess of
the 2005 quota that were not previously addressed in the 2006 quota specifications, with the final 2006 quota for each state (70 FR 77060, December 29, 2006).
2 Negative numbers indicate a state allocation in quota repayment status from previous year’s overages.
3 Total quota is the sum of all states having allocation. A state with a negative number has an allocation of zero (0). Kilograms are as converted from pounds and may not necessarily add due to rounding.
The Commission has established a
system whereby 15 percent of each
state’s quota may be voluntarily set
aside each year to enable vessels to land
an incidental catch allowance after the
directed fishery in a state has been
closed. The intent of the incidental
catch set-aside is to reduce discards by
allowing fishermen to land summer
flounder caught incidentally in other
fisheries during the year, while ensuring
that the state’s overall quota is not
exceeded. These Commission set-asides
are not included in these 2007 final
summer flounder specifications because
NMFS does not have authority to
establish such subcategories.
The Commission’s Summer Flounder,
Scup, and Black Sea Bass Management
Board (Board) did not adopt a 2007
summer flounder TAL recommendation
at their joint meeting with the Council
in October 2006, leaving the TAL for
state waters undecided. The Board is
scheduled to take action on
recommending a 2007 TAL on
December 10, 2006. There is insufficient
time for NMFS to wait until after the
Board’s decision to submit documents
to the Federal Register and still publish
specifications no later than the Courtmandated January 1 deadline. While it
is possible that the Board will adopt the
TAL implemented by this rule, it is also
possible that the Board will adopt a
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higher TAL, resulting in to inconsistent
2007 summer flounder TALs for state
and Federal waters.
Should the Board adopt a TAL higher
than 12.983 million lb (5,889 mt) for
2007, NMFS would be required to take
immediate action and suspend the
specifications contained in this final
rule by utilizing an interim or
emergency action in the Federal
Register to implement alternative
measures that ensure that overfishing
does not occur in 2007, and that the
rebuilding schedule is not compromised
by the dual-TAL situation in 2007.
These measures may consist of, but are
not limited to, the following:
• A complete closure of the
commercial and recreational summer
flounder fisheries in Federal waters (i.e.,
the Exclusive Economic Zone (EEZ)) in
2007. Possession of summer flounder by
federally permitted vessels in the
commercial or recreational for-hire
fisheries would not be permitted.
• No summer flounder RSA would be
authorized for 2007.
• Commercial landings in states that
exceed their percentage allocation of the
7.79–million lb (3,534–mt) quota, which
is 60 percent of the 12.983–million-lb
(5,889–mt) TAL, from state water
commercial landings constitute and
overage; these states would be in quota
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repayment status for 2008 and
subsequent years, as needed.
• Conservation equivalency in the
recreational fishery would not be
approved for 2007 and possibly for
subsequent years.
If the Board adopts the 12.983–
million-lb (5,889–mt) TAL, then no
additional action by NMFS will be
necessary to ensure that the 2007 Ftarget is attained for the 2007 summer
flounder fishery.
Delaware Summer Flounder Closure
Table 1 indicates that, for Delaware,
the amount of the 2006 summer
flounder quota overage (inclusive of
overharvest from previous years) is
greater than the amount of commercial
quota allocated to Delaware for 2007. As
a result, there is no quota available for
2007 in Delaware. The regulations at
§ 648.4(b) provide that Federal permit
holders, as a condition of their permit,
must not land summer flounder in any
state that the Regional Administrator
has determined no longer has
commercial quota available for harvest.
Therefore, effective January 1, 2007,
landings of summer flounder in
Delaware by vessels holding commercial
Federal summer flounder fisheries
permits are prohibited for the 2007
calendar year, unless additional quota
becomes available through a quota
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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations
landings for the Winter I and Summer
2006 periods plus any previously
unaccounted for landings from the 2005
calendar year. Table 2 presents the final
2006 commercial scup quota for each
period and the reported landings for the
2006 Winter I and Summer periods;
there was no overage of the Winter I or
Summer quota. In addition, there were
no outstanding overages from the 2005
calendar year that were not included in
the 2006 final rule (70 FR 77060,
December 29, 2005). Therefore, no
overage deduction adjustments are
required to be made to the 2007 quota
as part of this action. After June 30,
2007, NMFS will determine any
overages that occur during the Winter II
2006 period. Any quota adjustments to
the 2007 Winter II allocation
determined to be necessary will be
announced in the Federal Register in
July 2007.
are then allocated on a percentage basis
to three quota periods, as specified in
the FMP: Winter I (January-April)--45.11
percent; Summer (May-October)--38.95
percent; and Winter II (NovemberDecember)--15.94 percent. The
recreational harvest limit is allocated on
a coastwide basis. Recreational
measures will be the subject of a
separate rulemaking early in 2007.
After deducting 360,000 lb (163 mt) of
RSA for the approved research projects,
the TAL is divided into a commercial
quota of 8,895,800 lb (4,035 mt) and a
recreational harvest limit of 2,744,200 lb
(1,245 mt). If a project is not approved
by the NOAA Grants Office, the research
quota associated with the disapproved
proposal will be restored to the scup
TAL through publication in the Federal
Register.
Consistent with the revised quota
setting procedures established for the
FMP at 50 CFR 648.120(d)(4)(i), scup
overages are determined based upon
transfer and is announced in the
Federal Register. Federally permitted
dealers are advised that they may not
purchase summer flounder from
federally permitted vessels that land in
Delaware for the 2007 calendar year,
unless additional quota becomes
available through a transfer.
Scup
This final rule implements the
specifications contained in the
November 27, 2006, proposed rule: A
13.97–million-lb (6,337–mt) scup TAC
and a 12.0–million-lb (5,443–mt) scup
TAL. The FMP specifies that the Total
Allowable Catch (TAC) associated with
a given exploitation rate be allocated 78
percent to the commercial sector and 22
percent to the recreational sector. Scup
discard estimates are deducted from
both sectors’ TACs to establish TALs for
each sector, i.e., TAC minus discards
equals TAL. The commercial TAC,
discards, and TAL (commercial quota)
TABLE 2. SCUP PRELIMINARY 2006 LANDINGS BY QUOTA PERIOD
2006 Quota
Quota Period
Reported 2006 landings through 10/
31/2006
Quota Overages as of 10/31/2006
lb
kg
lb
kg
lb
kg
Winter I
5,382,589
2,441,542
3,557,859
1,613,845
0
0
Summer
4,647,569
2,108,137
3,050,422
1,383,671
0
0
Winter II
1,901,983
862,739
N/A
N/A
N/A
N/A
Total
11,932,141
5,412,419
6,608,281
2,997,516
N/A
N/A
N/A = Not Applicable.
final rule implements aWinter I period
(January-April) per-trip possession limit
of30,000 lb (13.6 mt), and a Winter II
period (November-December)initial pertrip possession limit of 2,000 lb (907
kg). TheWinter I per-trip possession
Table 3 presents the commercial scup
percent share, 2007 TAC,projected
discards, 2007 initial quota (with and
without the RSAdeduction), and initial
possession limits, by quota period.
Toachieve the commercial quotas, this
limit will be reduced to 1,000 lb(454 kg)
when 80 percent of the commercial
quota allocated tothat period is
projected to be harvested.
TABLE 3. INITIAL COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2007 BY QUOTA PERIOD
Percent
Share
Quota
Period
Total Allowable Catch
lb
Discards
mt
lb
Initial Quota
mt
lb
Initial Quota less RSA
mt
lb
mt
Possession Limits (Per Trip) 1
lb
mt
Winter I
45.11
4,915,456
2,230
775,892
352
4,139,564
1,878
4,012,895
1,820
30,000
13,608
Summer
38.95
4,244,226
1,925
669,940
304
3,574,286
1,621
3,464,914
1,572
N/A
N/A
Winter II
15.94
1,736,918
788
274,168
124
1,462,750
664
1,417,991
643
2,000
907
100.00
10,896,600
4,943
1,720,000
780
9,176,600
4,163
8,895,800
4,035
N/A
N/A
Total
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1
The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period’s allocation. The Winter II possession
limit may be adjusted (in association with a transfer of unused Winter I quota to the Winter II period) via notification in the Federal Register.
2 Metric tons are as converted from pound and may not necessarily add due to rounding.
N/A = Not applicable.
Consistent with the unused Winter I
commercial scup quota rollover
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provisions at 50 CFR 648.120(a)(3), this
final rule will maintain the Winter II
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possession limit-to-rollover amount
ratios that had been in place for the
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2006 fishing year, as shown in Table 4.
The Winter II possession limit will
increase by 1,500 lb (680 kg) for each
500,000 lb (227 mt) of unused Winter I
period quota transferred, up to
maximum of a 8,000 lb (3,629 kg).
TABLE 4. POTENTIAL INCREASE IN WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF SCUP
ROLLED OVER FROM WINTER I TO WINTER II PERIOD
Initial Winter II Possession Limit
lb
Rollover from Winter I to Winter II
kg
lb
Increase in Initial Winter II
Possession Limit
kg
Final Winter II Possession
Limit after Rollover from Winter I to Winter II
lb
kg
lb
kg
2,000
907
0-499,999
0-227
0
0
2,000
907
2,000
907
500,000-999,999
227-454
1,500
680
3,500
1,588
2,000
907
1,000,000-1,499,999
454-680
3,000
1,361
5,000
2,268
2,000
907
1,500,000-1,999,999
680-907
4,500
2,041
6,500
2,948
2,000
907
2,000,000-2,500,000
907-1,134
6,000
2,722
8,000
3,629
Black Sea Bass
The FMP specifies that the TAL is
allocated 49 percent to the commercial
sector and 51 percent to the recreational
sector. The recreational harvest limit is
allocated on a coastwide basis.
Recreational measures will be the
subject of a separate rulemaking early in
2007.
This final rule implements the
specifications contained in the October
27, 2006, proposed rule: A 5.0–million
lb (2,270–mt) black sea bass TAL. After
deducting 150,000 lb (68 mt) of RSA for
the approved research projects, the TAL
is divided into a commercial quota of
2,376,500 lb (1,078 mt) and a
recreational harvest limit of 2,473,500 lb
(1,122 mt). If a project is not approved
by the NOAA Grants Office, the research
quota associated with the disapproved
proposal will be restored to the black
sea bass TAL through publication in the
Federal Register.
Consistent with the revised quota
setting procedures for the FMP, black
sea bass overages are determined based
upon landings for the 2005 calendar
year that were not accounted for in the
2006 final rule (70 FR 77060, December
29, 2005) and any current fishing year
overages through September 30, 2006.
As there were no overages from either
period, no overage deduction
adjustment to the 2007 commercial
quota is necessary.
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Comments and Responses
NMFS received 83 written comments
during the 21-day comment period for
the October 27, 2006, proposed rule.
Comments were received from the
following groups or individuals: Two
U.S. Senators from New Jersey; four U.S.
Representatives to Congress from New
Jersey, two from New York, and one
from Pennsylvania; the director of a
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15:47 Dec 13, 2006
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New Jersey commercial fishing
association; the Commission’s Summer
Flounder, Scup, and Black Sea Bass
Management Board Chairman; the
Council chairman; four conservation
group representatives; the director and
56 individual members of a recreational
fishing association; 12 members of a
coastal New Jersey town chamber of
commerce; a Rhode Island recreational
angler association; the manager of a
wholesale fish company; and six
members of the public. Some parties
submitted different comments on more
than one occasion. Only comments that
were applicable to the proposed 2007
specifications, including the analyses
used to support these specifications, are
addressed in this preamble. Significant
issues and concerns raised by
commenters are summarized below and
responded to as follows.
Summer Flounder Comments
Total Allowable Landings for 2007
Comment 1: The majority of
comments received urged NMFS to
adopt the Council’s preferred alternative
TAL of 19.9 million lb (9,026 mt).
Specifically, some commenters stated
that the 19.9–million-lb (9,026–mt) TAL
complies with the 50–percent
probability of achieving the target F rate
(Fmax) in the FMP, some stated that the
higher TAL meets the National
Standards contained in the MagnusonStevens Act, continues rebuilding, and
many stated that, by nature of being less
restrictive than the 12.983–million-lb
(5,889–mt) TAL implemented by this
final rule, will have less of an impact on
fishery participants and coastal
communities than the TAL proposed by
NMFS.
Response: The Council recommended
TAL of 19.9 million lb (9,206 mt) is an
amount that was projected in the most
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recent stock assessment update in June
2006 to have a 50–percent probability of
not exceeding Fmax (0.28). However, the
peer-reviewed Summer Flounder
Assessment and Biological Reference
Point Update that has been used as the
basis for the TAL NMFS is
implementing through this rule
indicates that fishing at the level
proposed by the Council would not
result in achieving the rebuilding
biomass target until after 2022, 12 years
after the end of the rebuilding period,
even though the single year (2007) F
target may not be exceeded. NMFS
considers the results of the Reference
Point update the best available scientific
information (see responses to Comments
7,8, and 9).
Fishing at a TAL that has only a 50–
percent probability that Fmax will not
be exceeded in 2007 will not rebuild the
fishery by the end of the rebuilding
period. NMFS has the obligation under
the Magnuson–Stevens Act to set annual
quotas for summer flounder that rebuild
the stock by January 1, 2010.
As such, NMFS is implementing a
more conservative 12.983–million-lb
(5,889–mt) TAL based on the best
science available, as specified in the
updated assessment. This TAL has a 75–
percent probability of not exceeding the
Frebuild (F=0.15) level in 2007. This is
necessary to ensure that rebuilding of
summer flounder occurs by January 1,
2010.
Impact on summer flounder fishery
participants and coastal communities
are addressed under Comment 10.
Comment 2: One group of
commenters requested that NMFS
implement a 14.156–million lb (6,421–
mt) TAL in 2007.
Response: Under the updated
assessment for 2006, a TAL of 14.156
million lb (6,421 mt) is associated with
a 50–percent probability of not
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exceeding the F target (Frebuild=0.15) for
2007. The Peer Review Panel convened
for re-examination of the biological
reference points recommended that
fishing at a TAL that has only a 50–
percent probability that Fmax will not
be exceeded in 2007 will not rebuild the
fishery by the end of the rebuilding
period. The updated assessment
indicated that a 14.156–million-lb
(6,421–mt) TAL in 2007 would fall short
of the rebuild goal. In addition, the Peer
Review Panel recommended that the
retrospective pattern that has resulted in
underestimated F’s in past years be
taken into account when setting the
2007 TAL. To do so, NMFS must set
annual quotas for summer flounder that
are based on much lower annual rates
of removal than those of the past few
years to rebuild the stock by January 1,
2010, as required by the MagnusonStevens Act. Therefore, NMFS is
implementing a more conservative
12.983–million lb (5,889–mt) TAL that
has a 75–percent probability of not
exceeding the fishing mortality level
(Frebuild= 0.15) in 2007. Achieving this
fishing mortality level in 2007 is
necessary to provide for rebuilding of
the summer flounder stock by January 1,
2010. See response to Comment 1 for
details.
Comment 3: One commenter
requested that NMFS implement a TAL
in the range of 40.0 to 44.0 million lb
(18,144 to 19,958 mt).
Response: NMFS cannot implement a
TAL that has less than 50–percent
probability of achieving the Fmax in
2007 and that would not rebuild the
stock by 2010. A TAL in the range of
40.0 to 44.0 million lb (18,144 to 19,958
mt) does not meet the required
probability of attaining the Fmax, would
not rebuild the stock by 2010, and,
therefore, cannot be implemented by
NMFS.
Rebuilding
Comment 4: Many commenters
questioned the need to rebuild fully the
summer flounder stock within a 10-year
period ending January 1, 2010. Specific
commenters urged NMFS to utilize
administrative discretion or to exercise
flexibility and to extend the rebuilding
period by 2 or 3 years to avoid
disproportionate economic impacts
resulting from the reduced summer
flounder TAL. Other commenters stated
that the 10-year rebuilding period has
no scientific or rational basis and
should not be imposed on the summer
flounder fishery.
Response: The Magnuson-Stevens Act
stipulates that an FMP must, for any
fishery that is overfished, rebuild the
fishery in as short a time as possible, not
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to exceed 10 years, except in three
narrowly defined circumstances (where
(1) the biology of the stock, (2) other
environmental conditions, or (3)
management measures under an
international agreement in which the
United States participates dictate
otherwise.) Based on the results of all
recent stock assessments and peer
reviews, there is no information to
suggest that either the biology of the
stock or prevailing environmental
conditions would prevent the summer
flounder stock from rebuilding within
the required timeframe; also, there are
no international agreements to which
the United States is a participant that
are related to the management of
summer flounder. Therefore, none of the
exceptions to the 10–year rebuilding
timeframe provided in the Magnuson–
Stevens Act are applicable to current
conditions for the summer flounder
stock, and NMFS is not authorized to
extend the rebuliding period beyond the
10–year statutory limitation. The
response to Comment 10 addresses the
socioeconomic impacts of the summer
flounder TAL implemented by this rule.
Comment 5: The conservation
organization representatives also
expressed concern that rigid adherence
to the 10-year rebuilding period
mandated by the Magnuson-Stevens Act
may have negative impacts on the
reauthorization of the MagnusonStevens Act.
Response: NMFS continues to support
a strong Magnuson-Stevens Act and
looks forward to working with the
Congress and constituents during the
reauthorization process. However,
NMFS is bound to comply with the
existing provisions of the MagnusonStevens Act.
Comment 6: The majority of
comments received on summer flounder
stated that the stock has responded
favorably to rebuilding efforts and that
the recent plateau in stock size is a
function of the stock having reached the
maximum level attainable under current
environmental and ecological
conditions. Many of these commenters
stated that they believe the stock to be
rebuilt at its current level or that it can
never attain the target rebuilding level,
particularly within the required 10-year
period.
Response: Peer-reviewed information
utilized for setting the 2007 TAL
indicates that the summer flounder
stock is rebuilding but is not yet rebuilt.
The current stock levels are only
slightly above the current biomass
threshold (1⁄2Bmsy) which is half of the
rebuilt level. None of the peer-reviewed
science indicates that the rebuilding
target cannot be attained within the 10-
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75139
year rebuilding period or that the
biomass target is incorrect.
Use of Best Available Science
Comment 7: Several commenters
stated that NMFS is not using the best
scientific information in setting the
2007 summer flounder TAL, including
the modeling approach used.
Response: The information used to set
the summer flounder TAL is the best
scientific information available,
consistent with National Standard 2 of
the Magnuson-Stevens Act. The
information used in TAL setting,
including the model and methods
applied to it, have undergone
substantial peer review in recent years.
While recommendations have been
made to develop additional modeling
approaches, peer reviews have
confirmed the current model and
modeling approaches to be statistically
valid for the annual stock assessment
updates that provide the foundation for
establishing the TAL.
Comment 8: The conservation
organization representatives requested
that an outside, independent review of
the summer flounder stock assessment
occur before the 2008 TAL is set. They
also requested that this review include
an examination of alternative model
structures, the management
implications of retrospective patterns,
and an assessment of ecosystem impacts
that may be affecting summer flounder.
Response: The summer flounder stock
assessment has been independently
reviewed by scientists from outside
NMFS twice in the rebuilding period: In
2002 as part of Stock Assessment
Review Committee (SARC) 35 and again
in 2005 during SARC 41. The NMFS
Office of Science and Technology
convened an additional review of the
biological reference points for the
summer flounder stock to ensure that
the 2007 quota for the fishery is based
on the best possible scientific
information available. The review
panelists selected were scientists with
recognized stock assessment expertise
who have not specifically been involved
in past summer flounder assessments:
Two from the NMFS Northwest Region
and one from Louisiana State
University. The peer review panel
recommended several adjustments in
the assessment, and these were
incorporated into the analysis that
stemmed from the peer review.
NMFS is seeking to mitigate the
retrospective patterns regarding fishing
mortality by implementing a more
conservative TAL for 2007, to ensure
that the necessary F’s are actually
achieved.
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The next full summer flounder stock
assessment is scheduled for June 2008.
The subcommittee meeting in which the
assessment is conducted is an open
meeting, and NMFS encourages the
commenters to participate and present
relevant data and analyses at the
meeting.
Comment 9: Several commenters
stated that the TALs authorized by
NMFS for the first 7 years of the
rebuilding period were set at incorrect
levels. These commenters stated that
TALs had been set too high, were overly
optimistic, were routinely exceeded
(i.e., as indicated by the retrospective
analysis of F) and did not adequately
compensate year to year to ensure
timely rebuilding of the summer
flounder stock.
Response: For each year during the
rebuilding period, NMFS set the
summer flounder TAL based on the best
scientific information available,
consistent with National Standard 2 of
the Magnuson-Stevens Act. The
information for setting the annual TAL
is provided through the stock
assessment update. In some years,
additional levels of review are
conducted. In 2002 and 2005, this
included an external peer review of the
stock assessment vetted through
independent stock assessment scientists
provided by the Center for Independent
Experts (CIE) and reported on through
the Center’s Stock Assessment
Workshop (SAW) and SARC process
(35th and 41st, SARCs, respectively).
For 2007, the annual stock assessment is
accompanied by a peer reviewed
Summer Flounder Assessment and
Biological Reference Point Update.
The regulations state that the Council
shall recommend, and NMFS shall
implement, measures (including the
TAL) necessary to ensure, with at least
a 50–percent probability of success, that
the applicable specified F will not be
exceeded. This requirement is also
consistent with a 2000 Federal Court
Order (Natural Resources Defense
Council v. Daley, Civil No. 1:99 CV
00221 (JLG)) regarding the setting of the
summer flounder TAL. Through the
course of the rebuilding period, NMFS
has set TALs estimated to have at least
a 50–percent probability of not
exceeding Fmax. NMFS is also required
to ensure, under the Magnuson-Stevens
Act, that the summer flounder stock is
rebuilt within 10 years.
In the first 4 years of the rebuilding
period, 2000–2004, the summer
flounder stock was rebuilding at a rate
that appeared likely to achieve the
rebuilding target by 2009. During 2004,
the Council provided, at NMFS’s
request, a rebuilding trajectory so that
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TALs could be recommended that
would ensure that rebuilding continued,
as needed, to the eventual target by
2009. These projections indicated that
setting TALs with an Fmax at the 75–
percent probability level, rather than the
50–percent probability level, would
rebuild the stock within the 10-year
time frame. Based on this information,
the Council recommended, and NMFS
implemented, TALs of 30.3 million lb
(13,744 mt) for 2005 and 33.0 million lb
(14,969 mt) for 2006, consistent with the
precautionary 75–percent probability of
achieving the F target (Fmax).
In 2005, new information on the
retrospective pattern that
underestimated previous years’ F and
revised reference points associated with
a new stock assessment indicated that
the 33.0–million-lb (13,744–mt) TAL set
for 2006 during 2004 would need to be
lowered to 23.59 million lb (10,700 mt)
to achieve even a 50–percent probability
of achieving the F target. The Council
recommended a constant harvest TAL of
26.0 million lb (11,794 mt) for 2006–
2008 that would average a 50–percent
probability of achieving the target F for
the 3-year period but that would not
achieve the necessary target in 2006.
NMFS implemented the 23.59–millionlb (10,700–mt) TAL to ensure that the
mortality objective met the regulatory
requirement of at least a 50–percent
probability of attaining the F target in
2006. Doing so was controversial and
many of the above listed commenters
also responded to the 2006 specification
proposed rule, asking NMFS not to
implement the more conservative TAL
of 23.59 million lb (10,700 mt).
Annual stock assessment updates to
information used in previous year’s TAL
setting continue to illustrate that fishing
mortality has been underestimated in
previous years, while stock size and
recruitment has been overestimated.
Now, in light of the best science
available and considering the
retrospective patterns of F, stock size,
and recruitment, it is clear that fishing
at a TAL that has only a 50–percent
probability that Fmax will not be
exceeded in 2007 will not rebuild the
fishery by the end of the rebuilding
period. Therefore, NMFS is
implementing a more conservative
12.983–million lb (5,889–mt) TAL that
has a 75–percent probability of not
exceeding the fishing mortality level
(Frebuild= 0.15) in 2007. Achieving this
fishing mortality level in 2007 is
necessary to provide for rebuilding of
the summer flounder stock by January 1,
2010.
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Negative Socio-economic Impacts of a
Reduced TAL
Comment 10: The majority of those
commenting on summer flounder spoke
about negative impacts associated with
the reduction in TAL for 2007.
Comments suggested that the 45–
percent reduction in TAL from 2006 to
2007 would have severe economic
impacts to charter, for hire, head boat,
and commercial fishing vessels, and
would have substantial impacts to
fishing-related support industries
ranging from bait shops to ocean-front
hotels. Some commenters stated that the
magnitude of the negative impacts
would be higher than outlined in the
EA/RIR/IRFA.
Response: Impacts of the 12.983–
million lb (5,889–mt) TAL have been
fully analyzed in the EA/RIR/IRFA
published in the proposed rule (71 FR
62972, October 27, 2006). These
analyses are based on the best
information available and the details of
the EA/RIR/IRFA are not repeated here
in their entirety.
NMFS recognizes that substantial
socioeconomic impacts are associated
with the implementation of the 2007
TAL. NMFS has statutory and regulatory
obligations to set annual harvest levels
that, based on the best information
available, will have at least a 50–percent
probability of not exceed the annual
fishing mortality level target and that
will ensure that the summer flounder
stock will be rebuilt within the specified
time frame. As previously stated in the
response to Comment 1, NMFS has
selected a conservative TAL that has a
75–percent probability of attaining the
level needed (Frebuild) in 2007 to ensure
rebuilding by January 1, 2010, in order
to comply with the mandates of the
Magnuson-Stevens Act. Although this
final rule will not directly affect support
industries as these entities do not hold
Federal permits and are, therefore, not
directly regulated, potential reductions
in fishing effort and associated
expenditures may have indirect impacts
on hotels, restaurants, gear and bait
shops, and other associated businesses.
Sufficient data are not available to
enumerate or characterize the impacts
on these businesses.
Scup Comments
Comment 11: Two commenters wrote
in support of the Council and Board
recommended TAL of 16.0 million lb
(7,257 mt) for 2007. One of these
commenters stated that the 16.0–million
lb (7,257–mt) TAL is sufficiently riskaverse and a substantial reduction from
the 31.12–million lb (14,116–mt) TAL
that was calculated to achieve the
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targeted exploitation rate of 21 percent
in 2007.
Response: Scup is considered
overfished and the Council is currently
developing Amendment 14 to the FMP
to implement a scup rebuilding plan.
Spring survey indices values have fallen
below the biomass threshold, which is
utilized for long-term potential catch
projections. NMFS is implementing a
risk-averse 12.0–million lb (5,443–mt)
TAL for 2007, given the current
overfished status for scup, poor 2004
and 2005 year classes, and continued
uncertainty associated with the survey
indices. The NMFS implemented TAL
value falls within the range of yields
expected at about 1⁄2 Bmsy (11–16.5
million lb (4,990–7,484 mt)) based on
the long-term potential catch, and
would constrain harvest to the level of
actual landings in 2005. The Scup
Monitoring Committee and Council staff
agreed with this approach.
Comment 12: One commenter stated
that reduced values from the spring
survey were not a compelling reason to
implement a decreased TAL for 2007.
Response: NMFS utilized several
factors in the decision to implement a
more risk-averse TAL for 2007,
including, but not limited to, the
reduced spring survey indices values.
Scup is currently overfished and the
Council is developing a formal
rebuilding plan to be implemented
through Amendment 14 to the FMP. The
response to Comment 11 outlines the
information used as NMFS’s
justification for implementing a more
risk-averse TAL for 2007.
Comment 13: One commenter stated
that a more precautionary approach
should be utilized in setting the 2007
scup TAL. This commenter also stated
that scup management requires a
significant overhaul and a rebuilding
plan is long overdue.
Response: NMFS is implementing a
TAL that is at the lower end of the range
of yields expected at about 1⁄2Bmsy (11–
16.5 million lb (4,990–7,484 mt)). A
further reduction does not appear to be
warranted at this time. The Council is
currently developing Amendment 14 to
the FMP to address scup rebuilding.
Comment 14: One commenter stated
that the reduced quota will result in the
loss of recently re-established markets
for scup, particularly the fresh fish
market.
Response: NMFS is required to
implement a TAL for 2007 that will
contribute to the rebuilding of the scup
stock. NMFS has selected a 12.0–million
lb (5,443–mt) TAL for the reasons
outlined in the response to Comment 11
(above) to meet that end. The 2007 TAL
is consistent with the level of landings
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that occurred in 2005 and NMFS
considers it unlikely to result in a loss
of established markets for scup.
Black Sea Bass Comments
Comment 15: Three commenters
relayed general opposition to the 2007
black sea bass TAL being implemented
by NMFS, stating that disruption of
black sea bass supply will result in
market niches being filled by other fish
and/or imports and ultimately lost.
Response: NMFS is implementing a
2007 black sea bass TAL that is a 37.5–
percent decrease from 2006. NMFS is
implementing a more risk-averse TAL
for 2007 in light of the most recent
biomass indices, the uncertainty in the
stock status determination criteria, and
to ensure continued rebuilding to the
end of the rebuilding period that ends
in 2009. The 2007 TAL is consistent
with the level of landings that occurred
in 2005 and NMFS considers it unlikely
to result in a loss of established markets
for black sea bass.
NMFS recognizes that socio-economic
impacts may be associated with the
implementation of the 2007 black sea
bass TAL. These impacts may include
industries that are involved with with
the supply, purchase, distribution, and
sale of black sea bass for consumption.
NMFS has regulatory and statutory
obligations to set annual harvest levels
that, based on the best scientific
information available, will not exceed
recommended fishing mortality levels
and that will ensure that the black sea
bass stock will be rebuilt within the
specified time frame, thus providing for
long-term sustainable yields. The 2007
TAL meets the fishing mortality
objectives and has a high probability of
ensuring continued rebuilding.
Comment 16: One commenter stated
that trawl surveys are an unreliable
method for surveying black sea bass.
Response: The 43rd SAW, held in July
2006, included black sea bass. The
Southern Demersal Working Group
concluded that the data available,
including trawl survey information,
were adequate to perform a stock
assessment for black sea bass. The
SARC–43 panel utilized length data
incorporating growth information,
landings estimates, fishery length
frequencies, and survey length
frequencies to get preliminary estimates
of biomass and fishing mortality rates.
The SARC–43 panel did not endorse
using the existing biomass reference
point (the 3-year average weight per tow
of black sea bass (>22 cm) in the Center
spring trawl) as a basis for management.
NMFS has encouraged the Council to
develop replacement stock status
determination criteria that are
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75141
scientifically supportable and that can
be relied on to measure stock
rebuilding. The Council may consider
additional data sources beyond trawl
data when developing the criteria.
Comment 17: One commenter stated
that the black sea bass rebuilding period
should be liberalized to a 20-year time
frame.
Response: The required time frame for
stock rebuilding under the MagnusonStevens Act is outlined in response to
Comment 4, and is not repeated here.
Research Set-Aside Comments
Comment 18: Two comments were
received regarding the 2007 RSA
program. One supported up to 3 percent
for the 2007 TALs being set aside for
research; one opposed the RSA program
in its entirety.
Response: NMFS continues to support
the RSA program as a useful means of
acquiring information necessary to
assess and manage the fisheries.
Classification
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delayed effectiveness period for
this rule. This action establishes annual
quotas for the summer flounder, scup,
and black sea bass fisheries and
possession limits for the commercial
scup fishery. Preparation of the
proposed rule was dependent on the
submission of the final EA/RIR/IRFA by
the Council and on the submission of a
supplemental economic analysis by the
Northeast Fisheries Science Center
(Center), both of which occurred in
October 2006, in order for the agency to
provide the public with information
from the environmental and economic
analyses as required in rulemaking.
NMFS published the proposed rule on
October 27, 2006, with a 21-day
comment period, in order to allow for
finalization of the proposed
specifications by January 1, 2007. NMFS
was unable to obtain the necessary data
from the Council and Center before
October 2006, to finalize the
specifications. Publication of the
adjusted summer flounder quota at the
start of the fishing year is required by
the order of Judge Robert Doumar in
North Carolina Fisheries Association v.
Daley.
If implementation of the
specifications is delayed until beyond
January 1, 2007, NMFS will be
prevented from carrying out its legal
obligation to prevent overfishing of
these three species. If a 30-day delay in
effectiveness were to be required, the
lack of effective quota specifications
would prevent NMFS from closing the
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fishery should landings exceed the
quotas. The summer flounder, scup, and
black sea bass fisheries are all expected
to be active at the start of the fishing
season in 2007. In addition, the
Delaware summer flounder fishery
would be open for fishing but in a
negative quota situation. All of these
factors would result in large overages
that would have distributional effects on
other quota periods and could
disadvantage some gear sectors.
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 IRFA, a
summary of the significant issues raised
by the public comments in response to
the IRFA, 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).
The preamble to the proposed rule
included a detailed summary of the
analyses contained in the IRFA, and that
discussion is not repeated here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this
action is being taken, and the objectives
of and legal basis for these
specifications 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
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Several of the comment letters
received on the proposed specifications
specifically opposed the reductions to
the TALs for summer flounder, scup,
and black sea bass. Many of the
comments addressed the potential
economic impact of reduction of the
summer flounder TAL on the
recreational fishing industry,
particularly in New York and New
Jersey. Although consideration of the
reduced TALs was given, no changes
were made in the final rule as a result
of these comments. For a summary of
the comments received, and the
responses thereto, refer to the
‘‘Comments and Responses’’ section of
this preamble.
Description and Estimate of Number of
Small Entities to Which the Rule will
Apply
The categories of small entities likely
to be affected by this action include
commercial and charter/party vessel
owners holding an active Federal permit
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15:47 Dec 13, 2006
Jkt 211001
for summer flounder, scup, or black sea
bass, as well as owners of vessels that
fish for any of these species in state
waters. The Council estimates that the
2007 quotas could affect 2,242 vessels
that held a Federal summer flounder,
scup, and/or black sea bass permit in
2005. However, the more immediate
impact of this final rule will likely be
felt by the 906 vessels that actively
participated (i.e., landed these species)
in these fisheries in 2005.
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
Specification of commercial quotas
and possession limits is constrained by
the conservation objectives set forth in
the FMP and implemented at 50 CFR
part 648 under the authority of the
Magnuson-Stevens Act. Economic
impacts of reduced quota specifications,
that reduce the number of fish that may
be taken by participants of both
commercial and recreational fisheries,
may be offset by adjustments to such
things as commercial fish sizes, changes
to mesh size, gear restrictions, or
possession and trip limits that may
increase efficiency or value of the
fishery. This action contains no
adjustments to such measures.
Therefore, the economic impact analysis
of the action is evaluated solely on the
different levels of quota specified in the
alternatives. The ability of NMFS to
minimize economic impacts for this
action is constrained to approving quota
levels that provide for the maximum
availability of fish while still meeting
the required objectives of the FMP, its
implementing regulations, and the
Magnuson-Stevens Act.
The economic analysis for the 2007
specifications assessed the impacts of
five of the six management alternatives.
Council staff provided analysis for
Alternatives 1, 2, and 3, while the
Center provided analysis for
Alternatives 5 and 6. The no action
alternative, designated as Alternative 4,
was excluded from analysis because it is
not consistent with the goals and
objectives of the FMP and the
Magnuson-Stevens Act. Implementation
of the no action alternative would
substantially complicate the approved
management program for these fisheries,
and would very likely result in
overfishing of the resources.
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Alternatives 1 (Council preferred), 3
(status quo), and 5 (NMFS analyzed) all
have an economic impact that is less
than or equal to the alternative
implemented by this rule, depending on
the specific species examined. These
three alternatives were evaluated by
NMFS as outlined below:
Alternative 3 (status quo) would
provide for the maximum amount of
landings within the range of alternatives
and would produce the smallest impact
on small entities. However, Alternative
3 would likely result in the biological
targets (i.e., fishing mortality and
exploitation rates) specified in the FMP
being exceeded. Alternative 3 is
inconsistent with the goals and
objectives of the FMP and the
Magnuson-Stevens Act.
Alternative 1 (Council preferred), the
second least restrictive alternative with
the second smallest impact to small
entities, would also provide for landing
levels that could not be implemented.
Alternative 1 is not sufficiently riskaverse for summer flounder, and fishing
mortality would likely exceed the
biological targets specified in the FMP,
resulting in continued overfishing. In
addition, Alternative 1 did not
adequately address concerns raised by
Council staff and the Monitoring
Committee regarding the scup and black
sea bass biological targets and status of
these stocks.
Alternative 5 (NMFS analyzed) is
more restrictive for summer flounder
than Alternatives 1 or 3, but is equal to
the most restrictive alternatives for scup
and black sea bass. The measures
contained in Alternative 5 were not
selected because they were not
sufficiently risk-averse for the required
rebuilding of the summer flounder
stock.
Alternative 2 is the most restrictive
alternative for summer flounder and
equal to the most restrictive alternatives
for scup and black sea bass.
Accordingly, Alternative 2 is associated
with the highest economic impact to
small entities, particularly for summer
flounder. This alternative would meet
all the objectives of the FMP and satisfy
the requirements of the MagnusonStevens Act for all three species. This
alternative was not selected because the
measures contained therein were overly
restrictive for summer flounder in light
of the best scientific information
available. Three alternatives, including
the alternative implemented by this
action, provide the same quota level for
scup and black sea bass as Alternative
2.
This final rule implements
Alternative 6, which consists of the
second most restrictive quota of those
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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations
This alternative was selected because
it is based on the best science available
and is consistent with the goals,
objectives, and requirements of the
FMP, its implementing regulations, and
the Magnuson-Stevens Act. It contains
the highest landing limits that achieve
the highest probability of attaining the
fishing mortality and exploitation
targets for the summer flounder fishery
for 2007 among the alternatives
considered. Alternative 6 follows the
recommendation of the Monitoring
Committee and Council staff for a riskaverse quota in the scup fishery and was
selected because of the current
overfished status of the fishery,
considered for summer flounder and is
equal to the most restrictive quota
alternatives considered for scup and
black sea bass. As such, the economic
impacts of the alternative are the second
highest for summer flounder and equal
to the highest impacts for scup and
black sea bass. Relative to 2006, the
2007 commercial quotas and
recreational harvest limits contained in
this action would result in the following
TAL decreases for the commercial and
recreational sectors:
• 45 percent for summer flounder
• 26 percent for scup
• 38 percent for black sea bass
75143
uncertainty associated with the current
survey indices, and poor 2004 and 2005
year classes. The black sea bass quota in
Alternative 6 was also recommended by
the Monitoring Committee and Council
staff. The black sea bass quota in
Alternative 6 was selected as a riskaverse measure that will constrain
harvest within the 2005 and 2006 levels
until such time that stock determination
criteria that are scientifically
supportable can be developed.
Table 5 presents the 2007 initial
TALs, RSA, commercial quotas adjusted
for RSA, and preliminary recreational
harvests for the fisheries under the five
analyzed quota alternatives.
TABLE 5. COMPARISON OF THE ALTERNATIVES OF QUOTA COMBINATIONS REVIEWED
Initial TAL
million lb
RSA
mt
2006 Commercial
Quota Overage
Preliminary Adjusted
Commercial Quota
Preliminary Recreational Harvest Limit
lb
mt
lb
mt
million lb
mt
million lb
mt
Quota Alternative 1 (Council’s Preferred)
Summer
Flounder
19.9
9,026
567,092
257
253,082
115
11.45
5,193
7.63
3,462
Scup
16
7,257
480
218
0
0
11.93
5,411
3.59
1,628
Black Sea
Bass
6.5
2,948
132,000
60
0
0
3.12
1,415
3.25
1,474
Quota Alternative 2 (Most Restrictive)
Summer
Flounder
5.22
2,368
156,600
71
253,082
115
2.89
1,309
19.24
873
Scup
12
5,442
360,000
163
0
0
8.90
4,037
2.74
1,243
Black Sea
Bass
5
2,268
132,000
60
0
0
2.39
1,084
2.48
1,125
Quota Alternative 3 (Status-Quo-Least Restrictive)
Summer
Flounder
23.59
10,700
567,062
257
253,082
115
13.66
6,197
9.11
4,131
Scup
16.27
7,380
488,100
221
0
0
12.13
5,502
3.65
1,656
8
3.629
132,000
60
0
0
3.86
1,751
4.01
1,819
Black Sea
Bass
Quota Alternative 4 (No Action- described but not analyzed)
Quota Alternative 5 (NMFS Analysis)
14.156
6,421
424,680
193
253,082
115
8.09
3,668
5.39
2,445
Scup
12
5,443
360,000
163
0
0
8.90
4,037
2.74
1,243
Black Sea
Bass
mstockstill on PROD1PC61 with RULES
Summer
Flounder
5
2,268
150,000
68
0
0
2.38
1,078
2.47
1,122
Quota Alternative 6 (NMFS Analysis-Implemented by this Final Rule)
Summer
Flounder
Scup
VerDate Aug<31>2005
12.983
5,889
389,490
177
253,082
115
7.40
3,359
4.94
2,239
12
5,443
360,000
163
0
0
8.90
4,037
2.74
1,243
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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations
TABLE 5. COMPARISON OF THE ALTERNATIVES OF QUOTA COMBINATIONS REVIEWED—Continued
Initial TAL
RSA
2006 Commercial
Quota Overage
Preliminary Adjusted
Commercial Quota
Preliminary Recreational Harvest Limit
million lb
Black Sea
Bass
mt
lb
mt
lb
mt
million lb
mt
million lb
mt
5
2,268
150,000
68
0
0
2.38
1,084
2.47
1,122
The revenue decreases associated
with the RSA program are expected to
be minimal, and are expected to yield
important benefits associated with
improved fisheries data. It should also
be noted that fish harvested under the
RSA would be sold, and the profits
would be used to offset the costs of
research. As such, total gross revenue to
the industry will not decrease
substantially if the RSAs are utilized.
mstockstill on PROD1PC61 with RULES
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
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15:47 Dec 13, 2006
Jkt 211001
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 small entity
compliance guide will be sent to all
holders of Federal permits issued for the
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Fmt 4700
Sfmt 4700
summer flounder, scup, and black sea
bass fisheries. In addition, copies of this
final rule and guide (i.e., permit holder
letter) are available from NMFS (see
ADDRESSES) and at the following
website: https://www.nero.noaa.gov/
nero/nr/.
Dated: December 8, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 06–9677 Filed 12–8–06; 4:13 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 71, Number 240 (Thursday, December 14, 2006)]
[Rules and Regulations]
[Pages 75134-75144]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9677]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
RIN 0648-AT60
[Docket No. 061020273-6321-02; I.D. 101606A]
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2007 Summer Flounder, Scup, and
Black Sea Bass Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues final specifications for the 2007 summer flounder,
scup, and black sea bass fisheries. This final rule specifies allowed
harvest limits for both commercial and recreational fisheries,
including commercial scup possession limits. This action prohibits
federally permitted commercial vessels from
[[Page 75135]]
landing summer flounder in Delaware in 2007 due to continued quota
repayment from previous year's overages.
The actions of this final rule are necessary to comply with
regulations of implementing the Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan (FMP) as well as to ensure compliance with
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
The intent of this action is to establish harvest levels and other
management measures to ensure that target fishing mortality rates (F)
or exploitation rates, as specified for these species in the FMP, are
not exceeded. In addition, this action implements measures that ensure
continued rebuilding of the overfished scup stock and end overfishing
in the summer flounder fishery.
DATES: Effective January 1, 2007, through December 31, 2007.
ADDRESSES: Copies of the specifications document, including the
Environmental Assessment (EA), Regulatory Impact Review (RIR), the
Initial Regulatory Flexibility Analysis (IRFA), and other supporting
documents used by the Summer Flounder, Scup, and Black Sea Bass
Monitoring Committees are available from Daniel Furlong, Executive
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal
Building, 300 South Street, Dover, DE 19901-6790. The specifications
document is also accessible via the Internet at https://
www.nero.noaa.gov. The Final Regulatory Flexibility Analysis (FRFA)
consists of the IRFA, public comments and responses contained in this
final rule, and the summary of impacts and alternatives contained in
this final rule. Copies of the small entity compliance guide and the
Supplemental Regulatory Impact Review Analysis 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: Michael P. Ruccio, Fishery Policy
Analyst, (978) 281-9104.
SUPPLEMENTARY INFORMATION:
Background
The summer flounder, scup, and black sea bass fisheries are managed
cooperatively by the Atlantic States Marine Fisheries Commission
(Commission) and the Mid-Atlantic Fishery Management Council (Council),
in consultation with the New England and South Atlantic Fishery
Management Councils.
The management units specified in the FMP include summer flounder
(Paralichthys dentatus) in U.S. waters of the Atlantic Ocean from the
southern border of NC northward to the U.S./Canada border, and scup
(Stenotomus chrysops) and black sea bass (Centropristis striata) in
U.S. waters of the Atlantic Ocean from 35[deg]13.3' N. lat. (the
latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the
U.S./Canada border. Implementing regulations for these fisheries are
found at 50 CFR part 648, subpart A (general provisions), subpart G
(summer flounder), subpart H (scup), and subpart I (black sea bass).
The regulations outline the process for specifying the annual
catch limits for the summer flounder, scup, and black sea bass
commercial and recreational fisheries, as well as other management
measures (e.g., mesh requirements, minimum fish sizes, gear
restrictions, possession restrictions, and area restrictions) for these
fisheries. The measures are intended to achieve the annual targets set
forth for each species in the FMP, specified either as an F or an
exploitation rate (the proportion of fish available at the beginning of
the year that may be removed by fishing during the year). Once the
catch limits are established, they are divided into quotas based on
formulas contained in the FMP. Detailed background information
regarding the status of the summer flounder, scup, and black sea bass
stocks and the development of the 2007 specifications for these
fisheries was provided in the proposed specifications (71 FR 62972,
October 27, 2006). That information is not repeated here.
NMFS will establish the 2007 recreational management measures for
summer flounder, scup, and black sea bass by publishing a proposed and
final rule in the Federal Register at a later date, following receipt
of the Council's recommendations as specified in the FMP.
Summer Flounder
The FMP specifies a target F of Fmax, that is, the level
of fishing that produces maximum yield per recruit. The best available
scientific information indicates that, for 2007, the Total Allowable
Landings (TAL) must be set equal to Frebuild or the level of
fishing mortality that will help ensure that the summer flounder stock
is rebuilt by 2010. Therefore, for 2007, Ftarget=
Frebuild at 0.15. This complies with the requirement at 50
CFR 648.100 that the agency implement measures (e.g., a TAL) necessary
to ensure, with at least a 50-percent probability, that Fmax
will not be exceeded. This provision gives NMFS the ability to meet the
statutory obligation under section 304 of the Magnuson-Stevens Act to
rebuild the summer flounder stock to its target biomass within the
statutory 10-year period.
The TAL associated with the target F is allocated 60 percent to the
commercial sector and 40 percent to the recreational sector. The
commercial quota is allocated to the coastal states based upon
percentage shares specified in the FMP. The recreational harvest limit
is specified on a coastwide basis. Recreational measures will be the
subject of a separate rulemaking early in 2007.
This final rule implements the specifications contained in the
October 27, 2006, proposed rule: A summer flounder TAL of 12.983
million lb (5,889 mt) for 2007. The TAL for 2007 is allocated 7,789,800
lb (3,533 mt) to the commercial sector and 5,193,200 lb (2,356 mt) to
the recreational sector. This TAL is expected to have at least a 75-
percent probability of achieving the target F of 0.15 in 2007, if the
2006 TAL and assumed discard levels are not exceeded, and is also
expected to allow for rebuilding of the stock to the target biomass by
2010.
Four research projects that would utilize the full summer flounder
research set-aside (RSA) of 389,490 lb (177 mt) have been conditionally
approved by NMFS and are currently awaiting notice of award. If a
project is not approved by the NOAA Grants Office, the research quota
associated with the disapproved proposal will be restored to the summer
flounder TAL through publication in the Federal Register.
Consistent with the revised quota setting procedures for the FMP
found at 50 CFR 648.100(a)(1)(ii), summer flounder overages are
determined based upon landings for the 2005 calendar year that were not
accounted for in the 2006 final rule (70 FR 77060, December 29, 2005)
and any current fishing year overages through October 31, 2006. Table 1
summarizes, for each state, the commercial summer flounder percent
share, the 2007 commercial quota (both initial and less the RSA), the
quota reductions from overages as described above, and the resulting
final adjusted 2007 commercial quota.
[[Page 75136]]
TABLE 1. FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2007
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent Initial Quota Initial Quota, Less RSA Quota Overages (through Adjusted Quota less
--------------------------------- Share ------------------------------------------------------ 10/31/06)\1\ RSA\2\
-------------- ---------------------------------------------------
State lb kg lb kg lb kg lb kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME 0.04756 3,705 1,681 3,594 1,630 0 0 3,594 1,630
--------------------------------------------------------------------------------------------------------------------------------------------------------
NH 0.00046 36 16 35 16 0 0 35 16
--------------------------------------------------------------------------------------------------------------------------------------------------------
MA 6.82046 531,300 240,998 515,361 233,768 30,046 13,629 485,315 220,139
--------------------------------------------------------------------------------------------------------------------------------------------------------
RI 15.68298 1,221,673 554,151 1,185,023 537,526 0 0 1,185,023 537,526
--------------------------------------------------------------------------------------------------------------------------------------------------------
CT 2.25708 175,822 79,753 170,547 77,360 16,470 7,471 154,077 69,889
--------------------------------------------------------------------------------------------------------------------------------------------------------
NY 7.64599 595,685 270,203 577,815 262,097 156,038 70,779 421,777 191,318
--------------------------------------------------------------------------------------------------------------------------------------------------------
NJ 16.72499 1,302,843 590,970 1,263,758 573,241 0 0 1,263,758 573,241
--------------------------------------------------------------------------------------------------------------------------------------------------------
DE 0.01779 1,386 629 1,344 610 50,528 22,920 -49,184 -22,310
--------------------------------------------------------------------------------------------------------------------------------------------------------
MD 2.03910 158,842 72,051 154,077 69,889 0 0 154,077 69,889
--------------------------------------------------------------------------------------------------------------------------------------------------------
VA 21.31676 1,660,533 753,218 1,610,717 730,621 0 0 1,610,717 730,621
--------------------------------------------------------------------------------------------------------------------------------------------------------
NC 27.44584 2,137,976 969,786 2,073,837 940,692 0 0 2,073,837 940,692
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total \3\ 100.00 7,789,801 3,533,454 7,556,108 3,427,451 253,082 114,798 7,303,026 3,312,653
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 2006 quota overage is determined through comparison of landings for January through October 2006 plus any landings in 2005 in excess of the 2005
quota that were not previously addressed in the 2006 quota specifications, with the final 2006 quota for each state (70 FR 77060, December 29, 2006).
\2\ Negative numbers indicate a state allocation in quota repayment status from previous year's overages.
\3\ Total quota is the sum of all states having allocation. A state with a negative number has an allocation of zero (0). Kilograms are as converted
from pounds and may not necessarily add due to rounding.
The Commission has established a system whereby 15 percent of each
state's quota may be voluntarily set aside each year to enable vessels
to land an incidental catch allowance after the directed fishery in a
state has been closed. The intent of the incidental catch set-aside is
to reduce discards by allowing fishermen to land summer flounder caught
incidentally in other fisheries during the year, while ensuring that
the state's overall quota is not exceeded. These Commission set-asides
are not included in these 2007 final summer flounder specifications
because NMFS does not have authority to establish such subcategories.
The Commission's Summer Flounder, Scup, and Black Sea Bass
Management Board (Board) did not adopt a 2007 summer flounder TAL
recommendation at their joint meeting with the Council in October 2006,
leaving the TAL for state waters undecided. The Board is scheduled to
take action on recommending a 2007 TAL on December 10, 2006. There is
insufficient time for NMFS to wait until after the Board's decision to
submit documents to the Federal Register and still publish
specifications no later than the Court-mandated January 1 deadline.
While it is possible that the Board will adopt the TAL implemented by
this rule, it is also possible that the Board will adopt a higher TAL,
resulting in to inconsistent 2007 summer flounder TALs for state and
Federal waters.
Should the Board adopt a TAL higher than 12.983 million lb (5,889
mt) for 2007, NMFS would be required to take immediate action and
suspend the specifications contained in this final rule by utilizing an
interim or emergency action in the Federal Register to implement
alternative measures that ensure that overfishing does not occur in
2007, and that the rebuilding schedule is not compromised by the dual-
TAL situation in 2007. These measures may consist of, but are not
limited to, the following:
A complete closure of the commercial and recreational
summer flounder fisheries in Federal waters (i.e., the Exclusive
Economic Zone (EEZ)) in 2007. Possession of summer flounder by
federally permitted vessels in the commercial or recreational for-hire
fisheries would not be permitted.
No summer flounder RSA would be authorized for 2007.
Commercial landings in states that exceed their percentage
allocation of the 7.79-million lb (3,534-mt) quota, which is 60 percent
of the 12.983-million-lb (5,889-mt) TAL, from state water commercial
landings constitute and overage; these states would be in quota
repayment status for 2008 and subsequent years, as needed.
Conservation equivalency in the recreational fishery would
not be approved for 2007 and possibly for subsequent years.
If the Board adopts the 12.983-million-lb (5,889-mt) TAL, then no
additional action by NMFS will be necessary to ensure that the 2007 F-
target is attained for the 2007 summer flounder fishery.
Delaware Summer Flounder Closure
Table 1 indicates that, for Delaware, the amount of the 2006 summer
flounder quota overage (inclusive of overharvest from previous years)
is greater than the amount of commercial quota allocated to Delaware
for 2007. As a result, there is no quota available for 2007 in
Delaware. The regulations at Sec. 648.4(b) provide that Federal permit
holders, as a condition of their permit, must not land summer flounder
in any state that the Regional Administrator has determined no longer
has commercial quota available for harvest. Therefore, effective
January 1, 2007, landings of summer flounder in Delaware by vessels
holding commercial Federal summer flounder fisheries permits are
prohibited for the 2007 calendar year, unless additional quota becomes
available through a quota
[[Page 75137]]
transfer and is announced in the Federal Register. Federally permitted
dealers are advised that they may not purchase summer flounder from
federally permitted vessels that land in Delaware for the 2007 calendar
year, unless additional quota becomes available through a transfer.
Scup
This final rule implements the specifications contained in the
November 27, 2006, proposed rule: A 13.97-million-lb (6,337-mt) scup
TAC and a 12.0-million-lb (5,443-mt) scup TAL. The FMP specifies that
the Total Allowable Catch (TAC) associated with a given exploitation
rate be allocated 78 percent to the commercial sector and 22 percent to
the recreational sector. Scup discard estimates are deducted from both
sectors' TACs to establish TALs for each sector, i.e., TAC minus
discards equals TAL. The commercial TAC, discards, and TAL (commercial
quota) are then allocated on a percentage basis to three quota periods,
as specified in the FMP: Winter I (January-April)--45.11 percent;
Summer (May-October)--38.95 percent; and Winter II (November-December)-
-15.94 percent. The recreational harvest limit is allocated on a
coastwide basis. Recreational measures will be the subject of a
separate rulemaking early in 2007.
After deducting 360,000 lb (163 mt) of RSA for the approved
research projects, the TAL is divided into a commercial quota of
8,895,800 lb (4,035 mt) and a recreational harvest limit of 2,744,200
lb (1,245 mt). If a project is not approved by the NOAA Grants Office,
the research quota associated with the disapproved proposal will be
restored to the scup TAL through publication in the Federal Register.
Consistent with the revised quota setting procedures established
for the FMP at 50 CFR 648.120(d)(4)(i), scup overages are determined
based upon landings for the Winter I and Summer 2006 periods plus any
previously unaccounted for landings from the 2005 calendar year. Table
2 presents the final 2006 commercial scup quota for each period and the
reported landings for the 2006 Winter I and Summer periods; there was
no overage of the Winter I or Summer quota. In addition, there were no
outstanding overages from the 2005 calendar year that were not included
in the 2006 final rule (70 FR 77060, December 29, 2005). Therefore, no
overage deduction adjustments are required to be made to the 2007 quota
as part of this action. After June 30, 2007, NMFS will determine any
overages that occur during the Winter II 2006 period. Any quota
adjustments to the 2007 Winter II allocation determined to be necessary
will be announced in the Federal Register in July 2007.
TABLE 2. SCUP PRELIMINARY 2006 LANDINGS BY QUOTA PERIOD
----------------------------------------------------------------------------------------------------------------
2006 Quota Reported 2006 landings Quota Overages as of 10/
------------------------------------------------------------- through 10/31/2006 31/2006
---------------------------------------------------
Quota Period lb kg lb kg lb kg
----------------------------------------------------------------------------------------------------------------
Winter I 5,382,589 2,441,542 3,557,859 1,613,845 0 0
----------------------------------------------------------------------------------------------------------------
Summer 4,647,569 2,108,137 3,050,422 1,383,671 0 0
----------------------------------------------------------------------------------------------------------------
Winter II 1,901,983 862,739 N/A N/A N/A N/A
----------------------------------------------------------------------------------------------------------------
Total 11,932,141 5,412,419 6,608,281 2,997,516 N/A N/A
----------------------------------------------------------------------------------------------------------------
N/A = Not Applicable.
Table 3 presents the commercial scup percent share, 2007
TAC,projected discards, 2007 initial quota (with and without the
RSAdeduction), and initial possession limits, by quota period.
Toachieve the commercial quotas, this final rule implements aWinter I
period (January-April) per-trip possession limit of30,000 lb (13.6 mt),
and a Winter II period (November-December)initial per-trip possession
limit of 2,000 lb (907 kg). TheWinter I per-trip possession limit will
be reduced to 1,000 lb(454 kg) when 80 percent of the commercial quota
allocated tothat period is projected to be harvested.
TABLE 3. INITIAL COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2007 BY QUOTA PERIOD
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Percent Share Total Allowable Catch Discards Initial Quota Initial Quota less RSA Possession Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------- (Per Trip) \1\
---------------------
Quota Period lb mt lb mt lb mt lb mt lb mt
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I 45.11 4,915,456 2,230 775,892 352 4,139,564 1,878 4,012,895 1,820 30,000 13,608
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Summer 38.95 4,244,226 1,925 669,940 304 3,574,286 1,621 3,464,914 1,572 N/A N/A
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Winter II 15.94 1,736,918 788 274,168 124 1,462,750 664 1,417,991 643 2,000 907
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total 100.00 10,896,600 4,943 1,720,000 780 9,176,600 4,163 8,895,800 4,035 N/A N/A
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period's allocation. The Winter II possession limit may be adjusted (in association with
a transfer of unused Winter I quota to the Winter II period) via notification in the Federal Register.
\2\ Metric tons are as converted from pound and may not necessarily add due to rounding.
N/A = Not applicable.
Consistent with the unused Winter I commercial scup quota rollover
provisions at 50 CFR 648.120(a)(3), this final rule will maintain the
Winter II possession limit-to-rollover amount ratios that had been in
place for the
[[Page 75138]]
2006 fishing year, as shown in Table 4. The Winter II possession limit
will increase by 1,500 lb (680 kg) for each 500,000 lb (227 mt) of
unused Winter I period quota transferred, up to maximum of a 8,000 lb
(3,629 kg).
TABLE 4. POTENTIAL INCREASE IN WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF SCUP ROLLED OVER FROM WINTER I
TO WINTER II PERIOD
----------------------------------------------------------------------------------------------------------------
Initial Winter II Possession Limit Rollover from Winter I to Increase in Initial Final Winter II
----------------------------------------- Winter II Winter II Possession Possession Limit
----------------------------- Limit after Rollover from
---------------------- Winter I to Winter
lb kg II
lb kg lb kg --------------------
lb kg
----------------------------------------------------------------------------------------------------------------
2,000 907 0-499,999 0-227 0 0 2,000 907
----------------------------------------------------------------------------------------------------------------
2,000 907 500,000-999,999 227-454 1,500 680 3,500 1,588
----------------------------------------------------------------------------------------------------------------
2,000 907 1,000,000- 454-680 3,000 1,361 5,000 2,268
1,499,999
----------------------------------------------------------------------------------------------------------------
2,000 907 1,500,000- 680-907 4,500 2,041 6,500 2,948
1,999,999
----------------------------------------------------------------------------------------------------------------
2,000 907 2,000,000- 907-1,134 6,000 2,722 8,000 3,629
2,500,000
----------------------------------------------------------------------------------------------------------------
Black Sea Bass
The FMP specifies that the TAL is allocated 49 percent to the
commercial sector and 51 percent to the recreational sector. The
recreational harvest limit is allocated on a coastwide basis.
Recreational measures will be the subject of a separate rulemaking
early in 2007.
This final rule implements the specifications contained in the
October 27, 2006, proposed rule: A 5.0-million lb (2,270-mt) black sea
bass TAL. After deducting 150,000 lb (68 mt) of RSA for the approved
research projects, the TAL is divided into a commercial quota of
2,376,500 lb (1,078 mt) and a recreational harvest limit of 2,473,500
lb (1,122 mt). If a project is not approved by the NOAA Grants Office,
the research quota associated with the disapproved proposal will be
restored to the black sea bass TAL through publication in the Federal
Register.
Consistent with the revised quota setting procedures for the FMP,
black sea bass overages are determined based upon landings for the 2005
calendar year that were not accounted for in the 2006 final rule (70 FR
77060, December 29, 2005) and any current fishing year overages through
September 30, 2006. As there were no overages from either period, no
overage deduction adjustment to the 2007 commercial quota is necessary.
Comments and Responses
NMFS received 83 written comments during the 21-day comment period
for the October 27, 2006, proposed rule. Comments were received from
the following groups or individuals: Two U.S. Senators from New Jersey;
four U.S. Representatives to Congress from New Jersey, two from New
York, and one from Pennsylvania; the director of a New Jersey
commercial fishing association; the Commission's Summer Flounder, Scup,
and Black Sea Bass Management Board Chairman; the Council chairman;
four conservation group representatives; the director and 56 individual
members of a recreational fishing association; 12 members of a coastal
New Jersey town chamber of commerce; a Rhode Island recreational angler
association; the manager of a wholesale fish company; and six members
of the public. Some parties submitted different comments on more than
one occasion. Only comments that were applicable to the proposed 2007
specifications, including the analyses used to support these
specifications, are addressed in this preamble. Significant issues and
concerns raised by commenters are summarized below and responded to as
follows.
Summer Flounder Comments
Total Allowable Landings for 2007
Comment 1: The majority of comments received urged NMFS to adopt
the Council's preferred alternative TAL of 19.9 million lb (9,026 mt).
Specifically, some commenters stated that the 19.9-million-lb (9,026-
mt) TAL complies with the 50-percent probability of achieving the
target F rate (Fmax) in the FMP, some stated that the higher
TAL meets the National Standards contained in the Magnuson-Stevens Act,
continues rebuilding, and many stated that, by nature of being less
restrictive than the 12.983-million-lb (5,889-mt) TAL implemented by
this final rule, will have less of an impact on fishery participants
and coastal communities than the TAL proposed by NMFS.
Response: The Council recommended TAL of 19.9 million lb (9,206 mt)
is an amount that was projected in the most recent stock assessment
update in June 2006 to have a 50-percent probability of not exceeding
Fmax (0.28). However, the peer-reviewed Summer Flounder
Assessment and Biological Reference Point Update that has been used as
the basis for the TAL NMFS is implementing through this rule indicates
that fishing at the level proposed by the Council would not result in
achieving the rebuilding biomass target until after 2022, 12 years
after the end of the rebuilding period, even though the single year
(2007) F target may not be exceeded. NMFS considers the results of the
Reference Point update the best available scientific information (see
responses to Comments 7,8, and 9).
Fishing at a TAL that has only a 50-percent probability that Fmax
will not be exceeded in 2007 will not rebuild the fishery by the end of
the rebuilding period. NMFS has the obligation under the Magnuson-
Stevens Act to set annual quotas for summer flounder that rebuild the
stock by January 1, 2010.
As such, NMFS is implementing a more conservative 12.983-million-lb
(5,889-mt) TAL based on the best science available, as specified in the
updated assessment. This TAL has a 75-percent probability of not
exceeding the Frebuild (F=0.15) level in 2007. This is necessary to
ensure that rebuilding of summer flounder occurs by January 1, 2010.
Impact on summer flounder fishery participants and coastal
communities are addressed under Comment 10.
Comment 2: One group of commenters requested that NMFS implement a
14.156-million lb (6,421-mt) TAL in 2007.
Response: Under the updated assessment for 2006, a TAL of 14.156
million lb (6,421 mt) is associated with a 50-percent probability of
not
[[Page 75139]]
exceeding the F target (Frebuild=0.15) for 2007. The Peer
Review Panel convened for re-examination of the biological reference
points recommended that fishing at a TAL that has only a 50-percent
probability that Fmax will not be exceeded in 2007 will not rebuild the
fishery by the end of the rebuilding period. The updated assessment
indicated that a 14.156-million-lb (6,421-mt) TAL in 2007 would fall
short of the rebuild goal. In addition, the Peer Review Panel
recommended that the retrospective pattern that has resulted in
underestimated F's in past years be taken into account when setting the
2007 TAL. To do so, NMFS must set annual quotas for summer flounder
that are based on much lower annual rates of removal than those of the
past few years to rebuild the stock by January 1, 2010, as required by
the Magnuson-Stevens Act. Therefore, NMFS is implementing a more
conservative 12.983-million lb (5,889-mt) TAL that has a 75-percent
probability of not exceeding the fishing mortality level
(Frebuild= 0.15) in 2007. Achieving this fishing mortality
level in 2007 is necessary to provide for rebuilding of the summer
flounder stock by January 1, 2010. See response to Comment 1 for
details.
Comment 3: One commenter requested that NMFS implement a TAL in the
range of 40.0 to 44.0 million lb (18,144 to 19,958 mt).
Response: NMFS cannot implement a TAL that has less than 50-percent
probability of achieving the Fmax in 2007 and that would not rebuild
the stock by 2010. A TAL in the range of 40.0 to 44.0 million lb
(18,144 to 19,958 mt) does not meet the required probability of
attaining the Fmax, would not rebuild the stock by 2010,
and, therefore, cannot be implemented by NMFS.
Rebuilding
Comment 4: Many commenters questioned the need to rebuild fully the
summer flounder stock within a 10-year period ending January 1, 2010.
Specific commenters urged NMFS to utilize administrative discretion or
to exercise flexibility and to extend the rebuilding period by 2 or 3
years to avoid disproportionate economic impacts resulting from the
reduced summer flounder TAL. Other commenters stated that the 10-year
rebuilding period has no scientific or rational basis and should not be
imposed on the summer flounder fishery.
Response: The Magnuson-Stevens Act stipulates that an FMP must, for
any fishery that is overfished, rebuild the fishery in as short a time
as possible, not to exceed 10 years, except in three narrowly defined
circumstances (where (1) the biology of the stock, (2) other
environmental conditions, or (3) management measures under an
international agreement in which the United States participates dictate
otherwise.) Based on the results of all recent stock assessments and
peer reviews, there is no information to suggest that either the
biology of the stock or prevailing environmental conditions would
prevent the summer flounder stock from rebuilding within the required
timeframe; also, there are no international agreements to which the
United States is a participant that are related to the management of
summer flounder. Therefore, none of the exceptions to the 10-year
rebuilding timeframe provided in the Magnuson-Stevens Act are
applicable to current conditions for the summer flounder stock, and
NMFS is not authorized to extend the rebuliding period beyond the 10-
year statutory limitation. The response to Comment 10 addresses the
socioeconomic impacts of the summer flounder TAL implemented by this
rule.
Comment 5: The conservation organization representatives also
expressed concern that rigid adherence to the 10-year rebuilding period
mandated by the Magnuson-Stevens Act may have negative impacts on the
reauthorization of the Magnuson-Stevens Act.
Response: NMFS continues to support a strong Magnuson-Stevens Act
and looks forward to working with the Congress and constituents during
the reauthorization process. However, NMFS is bound to comply with the
existing provisions of the Magnuson-Stevens Act.
Comment 6: The majority of comments received on summer flounder
stated that the stock has responded favorably to rebuilding efforts and
that the recent plateau in stock size is a function of the stock having
reached the maximum level attainable under current environmental and
ecological conditions. Many of these commenters stated that they
believe the stock to be rebuilt at its current level or that it can
never attain the target rebuilding level, particularly within the
required 10-year period.
Response: Peer-reviewed information utilized for setting the 2007
TAL indicates that the summer flounder stock is rebuilding but is not
yet rebuilt. The current stock levels are only slightly above the
current biomass threshold (\1/2\Bmsy) which is half of the
rebuilt level. None of the peer-reviewed science indicates that the
rebuilding target cannot be attained within the 10-year rebuilding
period or that the biomass target is incorrect.
Use of Best Available Science
Comment 7: Several commenters stated that NMFS is not using the
best scientific information in setting the 2007 summer flounder TAL,
including the modeling approach used.
Response: The information used to set the summer flounder TAL is
the best scientific information available, consistent with National
Standard 2 of the Magnuson-Stevens Act. The information used in TAL
setting, including the model and methods applied to it, have undergone
substantial peer review in recent years. While recommendations have
been made to develop additional modeling approaches, peer reviews have
confirmed the current model and modeling approaches to be statistically
valid for the annual stock assessment updates that provide the
foundation for establishing the TAL.
Comment 8: The conservation organization representatives requested
that an outside, independent review of the summer flounder stock
assessment occur before the 2008 TAL is set. They also requested that
this review include an examination of alternative model structures, the
management implications of retrospective patterns, and an assessment of
ecosystem impacts that may be affecting summer flounder.
Response: The summer flounder stock assessment has been
independently reviewed by scientists from outside NMFS twice in the
rebuilding period: In 2002 as part of Stock Assessment Review Committee
(SARC) 35 and again in 2005 during SARC 41. The NMFS Office of Science
and Technology convened an additional review of the biological
reference points for the summer flounder stock to ensure that the 2007
quota for the fishery is based on the best possible scientific
information available. The review panelists selected were scientists
with recognized stock assessment expertise who have not specifically
been involved in past summer flounder assessments: Two from the NMFS
Northwest Region and one from Louisiana State University. The peer
review panel recommended several adjustments in the assessment, and
these were incorporated into the analysis that stemmed from the peer
review.
NMFS is seeking to mitigate the retrospective patterns regarding
fishing mortality by implementing a more conservative TAL for 2007, to
ensure that the necessary F's are actually achieved.
[[Page 75140]]
The next full summer flounder stock assessment is scheduled for
June 2008. The subcommittee meeting in which the assessment is
conducted is an open meeting, and NMFS encourages the commenters to
participate and present relevant data and analyses at the meeting.
Comment 9: Several commenters stated that the TALs authorized by
NMFS for the first 7 years of the rebuilding period were set at
incorrect levels. These commenters stated that TALs had been set too
high, were overly optimistic, were routinely exceeded (i.e., as
indicated by the retrospective analysis of F) and did not adequately
compensate year to year to ensure timely rebuilding of the summer
flounder stock.
Response: For each year during the rebuilding period, NMFS set the
summer flounder TAL based on the best scientific information available,
consistent with National Standard 2 of the Magnuson-Stevens Act. The
information for setting the annual TAL is provided through the stock
assessment update. In some years, additional levels of review are
conducted. In 2002 and 2005, this included an external peer review of
the stock assessment vetted through independent stock assessment
scientists provided by the Center for Independent Experts (CIE) and
reported on through the Center's Stock Assessment Workshop (SAW) and
SARC process (35th and 41st, SARCs, respectively). For 2007, the annual
stock assessment is accompanied by a peer reviewed Summer Flounder
Assessment and Biological Reference Point Update.
The regulations state that the Council shall recommend, and NMFS
shall implement, measures (including the TAL) necessary to ensure, with
at least a 50-percent probability of success, that the applicable
specified F will not be exceeded. This requirement is also consistent
with a 2000 Federal Court Order (Natural Resources Defense Council v.
Daley, Civil No. 1:99 CV 00221 (JLG)) regarding the setting of the
summer flounder TAL. Through the course of the rebuilding period, NMFS
has set TALs estimated to have at least a 50-percent probability of not
exceeding Fmax. NMFS is also required to ensure, under the
Magnuson-Stevens Act, that the summer flounder stock is rebuilt within
10 years.
In the first 4 years of the rebuilding period, 2000-2004, the
summer flounder stock was rebuilding at a rate that appeared likely to
achieve the rebuilding target by 2009. During 2004, the Council
provided, at NMFS's request, a rebuilding trajectory so that TALs could
be recommended that would ensure that rebuilding continued, as needed,
to the eventual target by 2009. These projections indicated that
setting TALs with an Fmax at the 75-percent probability
level, rather than the 50-percent probability level, would rebuild the
stock within the 10-year time frame. Based on this information, the
Council recommended, and NMFS implemented, TALs of 30.3 million lb
(13,744 mt) for 2005 and 33.0 million lb (14,969 mt) for 2006,
consistent with the precautionary 75-percent probability of achieving
the F target (Fmax).
In 2005, new information on the retrospective pattern that
underestimated previous years' F and revised reference points
associated with a new stock assessment indicated that the 33.0-million-
lb (13,744-mt) TAL set for 2006 during 2004 would need to be lowered to
23.59 million lb (10,700 mt) to achieve even a 50-percent probability
of achieving the F target. The Council recommended a constant harvest
TAL of 26.0 million lb (11,794 mt) for 2006-2008 that would average a
50-percent probability of achieving the target F for the 3-year period
but that would not achieve the necessary target in 2006. NMFS
implemented the 23.59-million-lb (10,700-mt) TAL to ensure that the
mortality objective met the regulatory requirement of at least a 50-
percent probability of attaining the F target in 2006. Doing so was
controversial and many of the above listed commenters also responded to
the 2006 specification proposed rule, asking NMFS not to implement the
more conservative TAL of 23.59 million lb (10,700 mt).
Annual stock assessment updates to information used in previous
year's TAL setting continue to illustrate that fishing mortality has
been underestimated in previous years, while stock size and recruitment
has been overestimated. Now, in light of the best science available and
considering the retrospective patterns of F, stock size, and
recruitment, it is clear that fishing at a TAL that has only a 50-
percent probability that Fmax will not be exceeded in 2007
will not rebuild the fishery by the end of the rebuilding period.
Therefore, NMFS is implementing a more conservative 12.983-million lb
(5,889-mt) TAL that has a 75-percent probability of not exceeding the
fishing mortality level (Frebuild= 0.15) in 2007. Achieving
this fishing mortality level in 2007 is necessary to provide for
rebuilding of the summer flounder stock by January 1, 2010.
Negative Socio-economic Impacts of a Reduced TAL
Comment 10: The majority of those commenting on summer flounder
spoke about negative impacts associated with the reduction in TAL for
2007. Comments suggested that the 45-percent reduction in TAL from 2006
to 2007 would have severe economic impacts to charter, for hire, head
boat, and commercial fishing vessels, and would have substantial
impacts to fishing-related support industries ranging from bait shops
to ocean-front hotels. Some commenters stated that the magnitude of the
negative impacts would be higher than outlined in the EA/RIR/IRFA.
Response: Impacts of the 12.983-million lb (5,889-mt) TAL have been
fully analyzed in the EA/RIR/IRFA published in the proposed rule (71 FR
62972, October 27, 2006). These analyses are based on the best
information available and the details of the EA/RIR/IRFA are not
repeated here in their entirety.
NMFS recognizes that substantial socioeconomic impacts are
associated with the implementation of the 2007 TAL. NMFS has statutory
and regulatory obligations to set annual harvest levels that, based on
the best information available, will have at least a 50-percent
probability of not exceed the annual fishing mortality level target and
that will ensure that the summer flounder stock will be rebuilt within
the specified time frame. As previously stated in the response to
Comment 1, NMFS has selected a conservative TAL that has a 75-percent
probability of attaining the level needed (Frebuild) in 2007
to ensure rebuilding by January 1, 2010, in order to comply with the
mandates of the Magnuson-Stevens Act. Although this final rule will not
directly affect support industries as these entities do not hold
Federal permits and are, therefore, not directly regulated, potential
reductions in fishing effort and associated expenditures may have
indirect impacts on hotels, restaurants, gear and bait shops, and other
associated businesses. Sufficient data are not available to enumerate
or characterize the impacts on these businesses.
Scup Comments
Comment 11: Two commenters wrote in support of the Council and
Board recommended TAL of 16.0 million lb (7,257 mt) for 2007. One of
these commenters stated that the 16.0-million lb (7,257-mt) TAL is
sufficiently risk-averse and a substantial reduction from the 31.12-
million lb (14,116-mt) TAL that was calculated to achieve the
[[Page 75141]]
targeted exploitation rate of 21 percent in 2007.
Response: Scup is considered overfished and the Council is
currently developing Amendment 14 to the FMP to implement a scup
rebuilding plan. Spring survey indices values have fallen below the
biomass threshold, which is utilized for long-term potential catch
projections. NMFS is implementing a risk-averse 12.0-million lb (5,443-
mt) TAL for 2007, given the current overfished status for scup, poor
2004 and 2005 year classes, and continued uncertainty associated with
the survey indices. The NMFS implemented TAL value falls within the
range of yields expected at about \1/2\ Bmsy (11-16.5
million lb (4,990-7,484 mt)) based on the long-term potential catch,
and would constrain harvest to the level of actual landings in 2005.
The Scup Monitoring Committee and Council staff agreed with this
approach.
Comment 12: One commenter stated that reduced values from the
spring survey were not a compelling reason to implement a decreased TAL
for 2007.
Response: NMFS utilized several factors in the decision to
implement a more risk-averse TAL for 2007, including, but not limited
to, the reduced spring survey indices values. Scup is currently
overfished and the Council is developing a formal rebuilding plan to be
implemented through Amendment 14 to the FMP. The response to Comment 11
outlines the information used as NMFS's justification for implementing
a more risk-averse TAL for 2007.
Comment 13: One commenter stated that a more precautionary approach
should be utilized in setting the 2007 scup TAL. This commenter also
stated that scup management requires a significant overhaul and a
rebuilding plan is long overdue.
Response: NMFS is implementing a TAL that is at the lower end of
the range of yields expected at about \1/2\Bmsy (11-16.5
million lb (4,990-7,484 mt)). A further reduction does not appear to be
warranted at this time. The Council is currently developing Amendment
14 to the FMP to address scup rebuilding.
Comment 14: One commenter stated that the reduced quota will result
in the loss of recently re-established markets for scup, particularly
the fresh fish market.
Response: NMFS is required to implement a TAL for 2007 that will
contribute to the rebuilding of the scup stock. NMFS has selected a
12.0-million lb (5,443-mt) TAL for the reasons outlined in the response
to Comment 11 (above) to meet that end. The 2007 TAL is consistent with
the level of landings that occurred in 2005 and NMFS considers it
unlikely to result in a loss of established markets for scup.
Black Sea Bass Comments
Comment 15: Three commenters relayed general opposition to the 2007
black sea bass TAL being implemented by NMFS, stating that disruption
of black sea bass supply will result in market niches being filled by
other fish and/or imports and ultimately lost.
Response: NMFS is implementing a 2007 black sea bass TAL that is a
37.5-percent decrease from 2006. NMFS is implementing a more risk-
averse TAL for 2007 in light of the most recent biomass indices, the
uncertainty in the stock status determination criteria, and to ensure
continued rebuilding to the end of the rebuilding period that ends in
2009. The 2007 TAL is consistent with the level of landings that
occurred in 2005 and NMFS considers it unlikely to result in a loss of
established markets for black sea bass.
NMFS recognizes that socio-economic impacts may be associated with
the implementation of the 2007 black sea bass TAL. These impacts may
include industries that are involved with with the supply, purchase,
distribution, and sale of black sea bass for consumption. NMFS has
regulatory and statutory obligations to set annual harvest levels that,
based on the best scientific information available, will not exceed
recommended fishing mortality levels and that will ensure that the
black sea bass stock will be rebuilt within the specified time frame,
thus providing for long-term sustainable yields. The 2007 TAL meets the
fishing mortality objectives and has a high probability of ensuring
continued rebuilding.
Comment 16: One commenter stated that trawl surveys are an
unreliable method for surveying black sea bass.
Response: The 43rd SAW, held in July 2006, included black sea bass.
The Southern Demersal Working Group concluded that the data available,
including trawl survey information, were adequate to perform a stock
assessment for black sea bass. The SARC-43 panel utilized length data
incorporating growth information, landings estimates, fishery length
frequencies, and survey length frequencies to get preliminary estimates
of biomass and fishing mortality rates. The SARC-43 panel did not
endorse using the existing biomass reference point (the 3-year average
weight per tow of black sea bass (>22 cm) in the Center spring trawl)
as a basis for management. NMFS has encouraged the Council to develop
replacement stock status determination criteria that are scientifically
supportable and that can be relied on to measure stock rebuilding. The
Council may consider additional data sources beyond trawl data when
developing the criteria.
Comment 17: One commenter stated that the black sea bass rebuilding
period should be liberalized to a 20-year time frame.
Response: The required time frame for stock rebuilding under the
Magnuson-Stevens Act is outlined in response to Comment 4, and is not
repeated here.
Research Set-Aside Comments
Comment 18: Two comments were received regarding the 2007 RSA
program. One supported up to 3 percent for the 2007 TALs being set
aside for research; one opposed the RSA program in its entirety.
Response: NMFS continues to support the RSA program as a useful
means of acquiring information necessary to assess and manage the
fisheries.
Classification
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delayed effectiveness
period for this rule. This action establishes annual quotas for the
summer flounder, scup, and black sea bass fisheries and possession
limits for the commercial scup fishery. Preparation of the proposed
rule was dependent on the submission of the final EA/RIR/IRFA by the
Council and on the submission of a supplemental economic analysis by
the Northeast Fisheries Science Center (Center), both of which occurred
in October 2006, in order for the agency to provide the public with
information from the environmental and economic analyses as required in
rulemaking. NMFS published the proposed rule on October 27, 2006, with
a 21-day comment period, in order to allow for finalization of the
proposed specifications by January 1, 2007. NMFS was unable to obtain
the necessary data from the Council and Center before October 2006, to
finalize the specifications. Publication of the adjusted summer
flounder quota at the start of the fishing year is required by the
order of Judge Robert Doumar in North Carolina Fisheries Association v.
Daley.
If implementation of the specifications is delayed until beyond
January 1, 2007, NMFS will be prevented from carrying out its legal
obligation to prevent overfishing of these three species. If a 30-day
delay in effectiveness were to be required, the lack of effective quota
specifications would prevent NMFS from closing the
[[Page 75142]]
fishery should landings exceed the quotas. The summer flounder, scup,
and black sea bass fisheries are all expected to be active at the start
of the fishing season in 2007. In addition, the Delaware summer
flounder fishery would be open for fishing but in a negative quota
situation. All of these factors would result in large overages that
would have distributional effects on other quota periods and could
disadvantage some gear sectors.
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 IRFA, a summary of the
significant issues raised by the public comments in response to the
IRFA, 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).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the reasons why this action is being taken, and
the objectives of and legal basis for these specifications 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
Several of the comment letters received on the proposed
specifications specifically opposed the reductions to the TALs for
summer flounder, scup, and black sea bass. Many of the comments
addressed the potential economic impact of reduction of the summer
flounder TAL on the recreational fishing industry, particularly in New
York and New Jersey. Although consideration of the reduced TALs was
given, no changes were made in the final rule as a result of these
comments. For a summary of the comments received, and the responses
thereto, refer to the ``Comments and Responses'' section of this
preamble.
Description and Estimate of Number of Small Entities to Which the Rule
will Apply
The categories of small entities likely to be affected by this
action include commercial and charter/party vessel owners holding an
active Federal permit for summer flounder, scup, or black sea bass, as
well as owners of vessels that fish for any of these species in state
waters. The Council estimates that the 2007 quotas could affect 2,242
vessels that held a Federal summer flounder, scup, and/or black sea
bass permit in 2005. However, the more immediate impact of this final
rule will likely be felt by the 906 vessels that actively participated
(i.e., landed these species) in these fisheries in 2005.
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
Specification of commercial quotas and possession limits is
constrained by the conservation objectives set forth in the FMP and
implemented at 50 CFR part 648 under the authority of the Magnuson-
Stevens Act. Economic impacts of reduced quota specifications, that
reduce the number of fish that may be taken by participants of both
commercial and recreational fisheries, may be offset by adjustments to
such things as commercial fish sizes, changes to mesh size, gear
restrictions, or possession and trip limits that may increase
efficiency or value of the fishery. This action contains no adjustments
to such measures. Therefore, the economic impact analysis of the action
is evaluated solely on the different levels of quota specified in the
alternatives. The ability of NMFS to minimize economic impacts for this
action is constrained to approving quota levels that provide for the
maximum availability of fish while still meeting the required
objectives of the FMP, its implementing regulations, and the Magnuson-
Stevens Act.
The economic analysis for the 2007 specifications assessed the
impacts of five of the six management alternatives. Council staff
provided analysis for Alternatives 1, 2, and 3, while the Center
provided analysis for Alternatives 5 and 6. The no action alternative,
designated as Alternative 4, was excluded from analysis because it is
not consistent with the goals and objectives of the FMP and the
Magnuson-Stevens Act. Implementation of the no action alternative would
substantially complicate the approved management program for these
fisheries, and would very likely result in overfishing of the
resources.
Alternatives 1 (Council preferred), 3 (status quo), and 5 (NMFS
analyzed) all have an economic impact that is less than or equal to the
alternative implemented by this rule, depending on the specific species
examined. These three alternatives were evaluated by NMFS as outlined
below:
Alternative 3 (status quo) would provide for the maximum amount of
landings within the range of alternatives and would produce the
smallest impact on small entities. However, Alternative 3 would likely
result in the biological targets (i.e., fishing mortality and
exploitation rates) specified in the FMP being exceeded. Alternative 3
is inconsistent with the goals and objectives of the FMP and the
Magnuson-Stevens Act.
Alternative 1 (Council preferred), the second least restrictive
alternative with the second smallest impact to small entities, would
also provide for landing levels that could not be implemented.
Alternative 1 is not sufficiently risk-averse for summer flounder, and
fishing mortality would likely exceed the biological targets specified
in the FMP, resulting in continued overfishing. In addition,
Alternative 1 did not adequately address concerns raised by Council
staff and the Monitoring Committee regarding the scup and black sea
bass biological targets and status of these stocks.
Alternative 5 (NMFS analyzed) is more restrictive for summer
flounder than Alternatives 1 or 3, but is equal to the most restrictive
alternatives for scup and black sea bass. The measures contained in
Alternative 5 were not selected because they were not sufficiently
risk-averse for the required rebuilding of the summer flounder stock.
Alternative 2 is the most restrictive alternative for summer
flounder and equal to the most restrictive alternatives for scup and
black sea bass. Accordingly, Alternative 2 is associated with the
highest economic impact to small entities, particularly for summer
flounder. This alternative would meet all the objectives of the FMP and
satisfy the requirements of the Magnuson-Stevens Act for all three
species. This alternative was not selected because the measures
contained therein were overly restrictive for summer flounder in light
of the best scientific information available. Three alternatives,
including the alternative implemented by this action, provide the same
quota level for scup and black sea bass as Alternative 2.
This final rule implements Alternative 6, which consists of the
second most restrictive quota of those
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considered for summer flounder and is equal to the most restrictive
quota alternatives considered for scup and black sea bass. As such, the
economic impacts of the alternative are the second highest for summer
flounder and equal to the highest impacts for scup and black sea bass.
Relative to 2006, the 2007 commercial quotas and recreational harvest
limits contained in this action would result in the following TAL
decreases for the commercial and recreational sectors:
45 percent for summer flounder
26 percent for scup
38 percent for black sea bass
This alternative was selected because it is based on the best
science available and is consistent with the goals, objectives, and
requirements of the FMP, its implementing regulations, and the
Magnuson-Stevens Act. It contains the highest landing limits that
achieve the highest probability of attaining the fishing mortality and
exploitation targets for the summer flounder fishery for 2007 among the
alternatives considered. Alternative 6 follows the recommendation of
the Monitoring Committee and Council staff for a risk-averse quota in
the scup fishery and was selected because of the current overfished
status of the fishery, uncertainty associated with the current survey
indices, and poor 2004 and 2005 year classes. The black sea bass quota
in Alternative 6 was also recommended by the Monitoring Committee and
Council staff. The black sea bass quota in Alternative 6 was selected
as a risk-averse measure that will constrain harvest within the 2005
and 2006 levels until such time that stock determination criteria that
are scientifically supportable can be developed.
Table 5 presents the 2007 initial TALs, RSA, commercial quotas
adjusted for RSA, and preliminary recreational harvests for the
fisheries under the five analyzed quota alternatives.
TABLE 5. COMPARISON OF THE ALTERNATIVES OF QUOTA COMBINATIONS REVIEWED
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Initial TAL RSA 2006 Commercial Quota Preliminary Adjusted Preliminary
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