Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2007, 12158-12163 [E7-4780]
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Federal Register / Vol. 72, No. 50 / Thursday, March 15, 2007 / Proposed Rules
conservation benefits and who claim a
lower rate of lost fish on circle hooks.
Based on the economic incentives
discussed above, the input from
experienced billfish anglers who have
acquired expertise with circle hooks,
and existing studies (Prince et al., 2002)
indicating that hook type (circle hook
vs. J-hook) is not a significant factor in
catchability of Atlantic blue marlin,
NMFS is confident that the concerns of
anglers regarding the effectiveness of
circle hooks for catching blue marlin
and the resistance to using circle hooks
stemming from preconceived ideas of
circle hook efficacy and a lack of
experience with circle hooks will be
overcome if anglers are given more time
to become familiar and proficient with
them through an additional phase-in
period. NMFS believes that in the longterm, the additional time provided to
anglers to become more familiar and
proficient with circle hooks may lead to
higher levels of compliance with circlehook requirements and increased use of
circle hooks outside of tournaments
thereby providing an increased
conservation benefit for Atlantic billfish
in the long-term.
NMFS estimates that there will be few
or no measurable social or economic
impacts resulting from the preferred
alternative. However, it is possible that
the temporary suspension of billfish
tournament circle hook requirements
may provide for a short-term increase in
angler’s willingness to pay based on the
perception among many anglers that it
is easier to catch a billfish with a Jhooks than a circle hook. Nonetheless,
based in part on recent high levels of
tournament registrations for 2007
occurring under circle hook
requirements, NMFS does not anticipate
any measurable change in billfish
tournament participation, increases in
purchases of fuel or dockage, or other
shore-side services. Should alternative 2
result in an increased ecological benefit,
there could be a long-term gain in
angler’s willingness to pay if billfish
stocks recover and interactions with
billfish increase.
NMFS does not anticipate that
alternative 2 would result in additional
expenditures to comply with the
proposed regulations. Relative to
expenditures that can quickly reach into
the hundreds of thousands of dollars, or
more, to purchase, equip, maintain, and
fuel sportfishing vessels, hook
expenditures are negligible. The FCHMS
FMP identifies hook prices as ranging
from $0.50 to $7.50 ($2.70 average) each
for J-hooks and from $0.30 to $7.00
($2.24 average) each for circle hooks
(2006 dollars). Tournament anglers
likely already possess circle hooks
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which have been required since January
1, 2007, and which would be required
upon reinstatement of existing
requirements on January 1, 2008, under
the preferred alternative. Further,
existing regulations allow anglers to use
J-hooks on artificial lures in
tournaments and do not require anglers
to utilize circle hooks outside of
tournaments; because of this, anglers
most likely already possess J-hooks,
should they choose to stop using circle
hooks in tournaments. Alternative 2
does not mandate any particular
terminal tackle, so anglers would be free
to use any hook type, circle or J,
available and which they already
possess, which would further
minimizing any potential compliance
costs.
Alternative 3, would remove Atlantic
billfish tournament circle hook
requirements and promote voluntary
use of circle hooks by tournament
anglers, and would be expected to have
minimal impacts on businesses. Minor
economic impacts would be incurred by
those tournaments that choose to reprint
tournament rules for distribution.
Alternative 3 could result in minor
short-term increases in angler-consumer
surplus and/or willingness to pay, as
anglers may perceive that their shortterm catch rates of Atlantic billfish may
increase with the use of J-hooks.
However, alternative 3 would not be
expected to increase angler consumer
surplus or willingness to pay in the
long-term as it would result in an
increase in post-release hooking
mortality and thus be less likely to
contribute to rebuilding of Atlantic
billfish populations.
List of Subjects in 50 CFR Part 635
Fish, Fisheries, Fishing, Fishing
vessels, Management.
Dated: March 9, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For reasons set out in the preamble,
50 CFR part 635 is proposed to be
amended as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
2. In § 635.21, paragraph (e)(2)(iii) is
revised to read as follows:
§ 635.21 Gear operation and deployment
restrictions.
*
*
*
(e)* * *
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(2)* * *
(iii) After December 31, 2007, persons
who have been issued or are required to
be issued a permit under this part and
who are participating in a
‘‘tournament’’, as defined in 635.2, that
bestows points, prizes, or awards for
Atlantic billfish must deploy only nonoffset circle hooks when using natural
bait or natural bait/artificial lure
combinations, and may not deploy a Jhook or an offset circle hook in
combination with natural bait or a
natural bait/artificial lure combination.
*
*
*
*
*
[FR Doc. 07–1216 Filed 3–12–07; 2:43 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 061020273–7054–04; I.D.
030107B]
RIN 0648–AT60
Fisheries of the Northeastern United
States; Recreational Management
Measures for the Summer Flounder,
Scup, and Black Sea Bass Fisheries;
Fishing Year 2007
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes recreational
management measures for the 2007
summer flounder, scup, and black sea
bass fisheries. The implementing
regulations for these fisheries require
NMFS to publish recreational measures
for the upcoming fishing year and to
provide an opportunity for public
comment. The intent of these measures
is to prevent overfishing of the summer
flounder, scup, and black sea bass
resources.
DATES: Comments must be received by
5 p.m. local time, on March 30, 2007.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail:
FSBrecreational2007@noaa.gov. Include
in the subject line the following
identifier: ‘‘Comments on 2007 Summer
Flounder, Scup, and Black Sea Bass
Recreational Measures.’’
• Federal e-rulemaking portal: https://
www.regulations.gov
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
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Regional Office, One Blackburn Drive,
Gloucester, MA 01930. Mark the outside
of the envelope: ‘‘Comments on 2007
Summer Flounder, Scup, and Black Sea
Bass Recreational Measures.
• Fax: (978) 281–9135
Copies of supporting documents used
by the Summer Flounder, Scup, and
Black Sea Bass Monitoring Committees
and of the Environmental Assessment,
Regulatory Impact Review, and Initial
Regulatory Flexibility Analysis (EA/
RIR/IRFA) are available from Daniel T.
Furlong, Executive Director, MidAtlantic Fishery Management Council,
Room 2115, Federal Building, 300 South
New Street, Dover, DE 19901–6790. The
EA/RIR/IRFA is also accessible via the
Internet at https://www.nero.noaa.gov.
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),
in consultation with the New England
and South Atlantic Fishery Management
Councils.
The management units specified in
the Fishery Management Plan (FMP) for
the Summer Flounder, Scup, and Black
Sea Bass Fisheries include summer
flounder (Paralichthys dentatus) in U.S.
waters of the Atlantic Ocean from the
southern border of North Carolina
northward to the U.S./Canada border,
and scup (Stenotomus chrysops) and
black sea bass (Centropristis striata) in
U.S. waters of the Atlantic Ocean from
35°15.3′ N. lat. (the latitude of Cape
Hatteras Lighthouse, Buxton, NC)
northward to the U.S./Canada border.
The FMP and its implementing
regulations, which are found at 50 CFR
part 648, subparts A (General
Provisions), G (summer flounder), H
(scup), and I (black sea bass), describe
the process for specifying annual
recreational measures that apply in the
Exclusive Economic Zone (EEZ). The
states manage these fisheries within 3
miles of their coasts, under the
Commission’s plan for summer
flounder, scup, and black sea bass. The
Federal regulations govern vessels
fishing in the EEZ, as well as vessels
possessing a Federal fisheries permit,
regardless of where they fish.
The FMP established Monitoring
Committees (Committees) for the three
fisheries, consisting of representatives
from the Commission; the Mid-Atlantic,
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New England, and South Atlantic
Councils; and NMFS. The FMP and its
implementing regulations require the
Committees to review scientific and
other relevant information annually and
to recommend management measures
necessary to achieve the recreational
harvest limits established for the
summer flounder, scup, and black sea
bass fisheries for the upcoming fishing
year. The FMP limits these measures to
minimum fish size, possession limit,
and fishing season.
The Council’s Demersal Species
Committee and the Commission’s
Summer Flounder, Scup, and Black Sea
Bass Management Board (Board) then
consider the Committees’
recommendations and any public
comment in making their
recommendations to the Council and
the Commission, respectively. The
Council then reviews the
recommendations of the Demersal
Species Committee, makes its own
recommendations, and forwards them to
NMFS for review. The Commission
similarly adopts recommendations for
the states. NMFS is required to review
the Council’s recommendations to
ensure that they are consistent with the
targets specified for each species in the
FMP.
Quota specifications for the 2007
summer flounder, scup, and black sea
bass fisheries were published on
December 14, 2006 (71 FR 75134). The
summer flounder quota specification
was later increased by emergency rule
on January 19, 2007 (72 FR 2458),
consistent with the provisions of the
Magnuson-Stevens Fishery
Conservation and Management Act
Reauthorization of 2006. The summer
flounder emergency rule will expire
after 180 days, on July 18, 2007, unless
extended by NMFS. NMFS intends to
undertake notice and comment
rulemaking in the Federal Register
before the current emergency rule
expires to extend the initial rule’s
measures through the fishing year
ending December 31, 2007. However,
should the emergency rule not be
extended for any reason, the original
summer flounder quota specification
would become effective again and
NMFS would revise the summer
flounder recreational measures to be
consistent with the lower recreational
harvest limit. The quota specification
contained in the emergency rule has
been determined to be consistent with
the 2007 target fishing mortality rate (F)
for summer flounder. The specifications
contained in the December 14, 2006,
rule were determined to be consistent
with the 2007 target exploitation rates
for scup and black sea bass.
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Based on the specifications currently
in place, the 2007 coastwide
recreational harvest limits are 6,844,800
lb (3,105 mt) for summer flounder,
2,744,200 lb (1,245 mt) for scup, and
2,473,500 lb (1,122 mt) for black sea
bass. The specification rules did not
establish recreational measures, since
final recreational catch data for 2006
were not available when the Council
made its recreational harvest limit
recommendation to NMFS.
All minimum fish sizes discussed
hereafter are total length measurements
of the fish, i.e., the straight-line distance
from the tip of the snout to the end of
the tail while the fish is lying on its
side. For black sea bass, total length
measurement does not include the
caudal fin tendril. All possession limits
discussed below are per person.
Summer Flounder
Overall, recreational landings for 2006
were estimated to have been 11.74
million lb (5,325 mt). This exceeded, by
approximately 26 percent, the 2006
recreational harvest limit of 9.29 million
lb (4,214 mt). Five individual states are
projected to have exceeded their 2006
state harvest limits when their
allocations are converted to number of
fish using the average weight of summer
flounder harvested during 2005 and
2006. These states are, with their
respective percent overage, as follows:
MA (2 percent); RI (25 percent); NY (29
percent); NJ (9 percent); and VA (41
percent).
The 2007 coastwide harvest limit is
6,844,800 lb (3,105 mt), a 26.4–percent
decrease from the 2006 harvest limit.
Assuming the same level of fishing
effort in 2007, a 41.7–percent reduction
in landings coastwide would be
required for summer flounder. The
Council is recommending conservation
equivalency, described as follows, that
would require individual states to
reduce summer flounder landings (in
number of fish) to achieve the necessary
recreational harvest reductions for 2007.
NMFS implemented Framework
Adjustment 2 to the FMP (Framework
Adjustment 2) on July 29, 2001 (66 FR
36208), which established a process that
makes conservation equivalency an
option for the summer flounder
recreational fishery. Conservation
equivalency allows each state to
establish its own recreational
management measures (possession
limits, minimum fish size, and fishing
seasons) to achieve its state harvest
limit, as long as the combined effect of
all of the states’ management measures
achieves the same level of conservation
as would Federal coastwide measures
developed to achieve the overall
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recreational harvest limit, if
implemented by all of the states.
The Council and Board recommend
annually that either state-specific
recreational measures be developed
(conservation equivalency) or coastwide
management measures be implemented
by all states to ensure that the
recreational harvest limit will not be
exceeded. Even when the Council and
Board recommend conservation
equivalency, the Council must specify a
set of coastwide measures that would
apply if conservation equivalency is not
approved. If conservation equivalency is
recommended, and following
confirmation that the proposed state
measures would achieve conservation
equivalency, NMFS may waive the
permit condition found at § 648.4(b),
which requires federally permitted
vessels to comply with the more
restrictive management measures when
state and Federal measures differ.
Federally permitted charter/party
permit holders and recreational vessels
fishing for summer flounder in the EEZ
then would be subject to the
recreational fishing measures
implemented by the state in which they
land summer flounder, rather than the
coastwide measures.
In addition, the Council and the
Board must recommend precautionary
default measures. The Commission
would require adoption of the
precautionary default measures by any
state that either does not submit a
summer flounder management proposal
to the Commission’s Summer Flounder
Technical Committee, or that submits
measures that are determined not to
achieve the required reduction. The
precautionary default measures are
defined as the set of measures that
would achieve the greatest reduction in
landings required for any state.
In December 2006, the Council and
Board voted to recommend conservation
equivalency to achieve the 2007
recreational harvest limit. The
Commission’s conservation equivalency
guidelines require the states to
determine and implement appropriate
state-specific management measures
(i.e., possession limits, fish size limits,
and fishing seasons) to achieve statespecific harvest limits. Under this
approach, each state may implement
unique management measures
appropriate to that state, so long as these
measures are determined by the
Commission to provide equivalent
conservation as would Federal
coastwide measures developed to
achieve the overall recreational harvest
limit. According to the conservation
equivalency procedures established in
Framework Adjustment 2, each state
from MA to NC, excluding MD, would
be required to reduce 2007 landings by
the percentages shown in Table 1. MD
may submit more liberal management
measures, provided that they are
sufficient to meet the 2007 state harvest
limit. ME and NH have no recreational
summer flounder harvest limit and are
not required to submit management
measures to the Commission.
TABLE 1. REQUIRED STATE BY STATE REDUCTIONS IN SUMMER FLOUNDER RECREATIONAL HARVEST LIMITS FOR 2007.
State
ME
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Percent change from 2006 to 2007
—
The Board required that each state
submit its conservation equivalency
proposal to the Commission by January
15, 2007. The Commission’s Summer
Flounder Technical Committee then
evaluated the proposals and advised the
Board of each proposal’s consistency
with respect to achieving the coastwide
recreational harvest limit. The
Commission invited public
participation in its review process by
allowing public comment on the state
proposals at the Technical Committee
meeting held on January 22, 2007. The
Board met on January 31, 2007, and
approved a range of management
proposals for each state, as well as
regional and coastwide management
options designed to attain conservation
equivalency. Once the states select and
submit their final summer flounder
management measures to the
Commission, the Commission will
notify NMFS as to which individual
state, regional, or coastwide proposals
have been approved or disapproved.
NMFS retains the final authority either
to approve or to disapprove using
conservation equivalency in place of the
coastwide measures and will publish its
determination as a final rule in the
Federal Register to establish the 2007
recreational measures for these fisheries.
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NH
—
MA
RI
CT
NY
NJ
DE
-35.3
-47.2
-13.7
-48.6
-39.5
-29.3
States that do not submit conservation
equivalency proposals, or for which
proposals were disapproved by the
Commission, will be required by the
Commission to adopt the precautionary
default measures. In the case of states
that are initially assigned precautionary
default measures, but subsequently
receive Commission approval of revised
state measures, NMFS will publish a
notice in the Federal Register
announcing a waiver of the permit
condition at § 648.4(b).
As described above, for each fishing
year, NMFS implements either
coastwide measures or conservation
equivalent measures at the final rule
stage. The coastwide measures
recommended by the Council and Board
for 2007 are a 19–inch (48.26–cm)
minimum fish size, a possession limit of
one fish, and an open season from
January 1 through December 31. In this
action, NMFS proposes these coastwide
measures in the EEZ, as they are
expected to constrain landings to the
overall recreational harvest. These
measures would be waived if
conservation equivalency is approved.
The precautionary default measures
specified by the Council and Board are
an 18.5–inch (46.99–cm) minimum fish
size, a possession limit of one fish, and
an open season of January 1 through
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MD
0.0
VA
-53.0
NC
-8.1
December 31. These measures are also
estimated to achieve the 2007 target if
applied coastwide.
Scup
The 2007 scup recreational harvest
limit is approximately 2.74 million lb
(1,245 mt), a 34–percent decrease from
the 2006 recreational harvest limit of
4.15 million lb (1,882 mt). Recreational
landings in 2006 were estimated to have
been 2.8 million lb (1,270 mt). The 2.1–
percent difference in the estimated 2006
landings and 2007 target is well within
the percent standard error for scup
landings estimated from the Marine
Recreational Fishery Statistics Survey
(MRFSS). As such, no reduction from
the 2006 measures would be necessary
for 2007, as the status quo measures are
unlikely to result in exceeding the 2007
target.
The 2007 scup recreational fishery
will be managed under separate
regulations for state and Federal waters;
the Federal measures would apply to
party/charter vessels with Federal
permits and other vessels subject to the
possession limit that fish in the EEZ. In
Federal waters, to achieve the 2007
target, NMFS proposes to maintain the
status quo coastwide management
measures of a 10–inch (25.40–cm)
minimum fish size, a 50–fish possession
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limit, and open seasons of January 1
through February 28, and September 18
through November 30, as recommended
by the Council.
As has occurred in the past 5 years,
the scup fishery in state waters will be
managed under a regional conservation
equivalency system developed through
the Commission. Addendum XI to the
Interstate FMP (Addendum XI),
approved by the Board at the January
2004 Council/Commission meeting,
requires that the states of Massachusetts
through New York each develop statespecific management measures to
constrain their landings to an annual
harvest level for this region in number
of fish (approximately 3.1 million fish
for 2007), through a combination of
minimum fish size, possession limits,
and seasonal closures. Because the
Federal FMP does not contain
provisions for conservation equivalency,
and states may adopt their own unique
measures under Addendum XI, the
Federal and state recreational scup
management measures will differ for
2007.
At the January 31, 2007, meeting, the
Board approved a regional management
proposal for MA through NY that would
allow a season of at least 150 days. The
Board retained a minimum fish size of
10.5 inches (26.7 cm) and a common
possession limit (25 fish for private
vessels and shore-based anglers; and 60
fish for party/charter vessels, dropping
to 25 fish after a 2–month period) for the
states of MA through NY. These
northern states are expected to submit
their final management measures to the
Commission by March 1, 2007. New
Jersey will maintain status quo scup
recreational management measures of a
9–inch (22.9–cm) minimum size, a 50–
fish possession limit, and open seasons
of January 1 through February 28, and
July 1 through December 31. Due to low
scup landings in Delaware through
North Carolina, the Board approved the
retention of status quo management
measures for those states as well, i.e., an
8–inch (20.3–cm) minimum fish size, a
50–fish possession limit, and no closed
season.
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Black Sea Bass
Recreational landings in 2007 were
estimated to have been 1.91 million lb
(866 mt)-- 52 percent below the 2006
target of 3.99 million lb (1,809 mt) and
23 percent below the 2007 target of 2.47
million lb (1,122 mt). The 2007
recreational harvest limit of 2.47 million
lb (1,122 mt) is a 38–percent decrease
from the 2006 target. Based on 2006
landings, no reduction in landings is
necessary to achieve the 2007 target.
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For Federal waters, the Council and
Board have approved measures that
would maintain the 25–fish possession
limit, the 12–inch (30.48–cm) minimum
size, and open season of January 1
through December 31. NMFS proposes
to maintain these measures, which are
expected to constrain recreational black
sea bass landings to the 2007 target.
Classification
NMFS has determined that the
proposed rule is consistent with the
FMP and preliminarily determined that
the rule is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared, as required by
section 603 of the RFA. The IRFA
describes the economic impact this
proposed rule, if adopted, would have
on small entities. A description of the
action, why it is being considered, and
the legal basis for this action are
contained at the beginning of this
section of the preamble and in the
SUMMARY section of the preamble. A
summary of the analysis follows. A copy
of the complete IRFA is available from
the Council (see ADDRESSES).
This proposed rule does not
duplicate, overlap, or conflict with other
Federal rules.
The proposed action could affect any
recreational angler who fishes for
summer flounder, scup, or black sea
bass in the EEZ or on a party/charter
vessel issued a Federal permit for
summer flounder, scup, and/or black
sea bass. However, the IRFA focuses
upon the impacts on party/charter
vessels issued a Federal permit for
summer flounder, scup, and/or black
sea bass because these vessels are
considered small business entities for
the purposes of the RFA, i.e., businesses
with gross revenues of up to $3.5
million. These small entities can be
specifically identified in the Federal
vessel permit database and would be
impacted by the recreational measures,
regardless of whether they fish in
Federal or state waters. Although
individual recreational anglers are likely
to be impacted, they are not considered
small entities under the RFA. Also,
there is no permit requirement to
participate in these fisheries; thus, it
would be difficult to quantify any
impacts on recreational anglers in
general.
The Council estimated that the
proposed measures could affect any of
the 920 vessels possessing a Federal
charter/party permit for summer
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flounder, scup, and/or black sea bass in
2005, the most recent year for which
complete permit data are available.
However, only 331 of these vessels
reported active participation in the
recreational summer flounder, scup,
and/or black sea bass fisheries in 2005.
In the IRFA, the no-action alternative
(i.e., maintenance of the regulations as
codified) is defined as implementation
of the following: (1) for summer
flounder, coastwide measures of a 17–
inch (43.18–cm) minimum fish size, a
4–fish possession limit, and no closed
season, i.e., the current Federal
regulatory measure that would be
implemented if conservation
equivalency is not implemented in the
final rule; (2) for scup, a 10–inch
(25.40–cm) minimum fish size, a 50–
fish possession limit, and open seasons
of January 1 through February 28, and
September 18 through November 30;
and (3) for black sea bass, a 12–inch
(30.48–cm) minimum size, a 25–fish
possession limit, and an open season of
January 1 through December 31.
The no-action alternatives for scup
and black sea bass are the same (status
quo) measures being proposed for 2007.
Landings of these species in 2006 were
either less than their respective target
(black sea bass) or within the within the
average observed percent standard error
for the estimated landings (scup), and
the status quo measures are expected to
constrain landings to the 2007 targets.
As such, since there is no regulatory
change being proposed for these two
species, there is no need of further
discussion of the economic impacts
within this section.
For summer flounder, state-specific
implications of adopting the no-action
(coastwide) alternative would result in
more restrictive measures than
conservation equivalent regulations in
place for all Northeast (NE) states in
2006. In consideration of the
recreational harvest limits established
for the 2007 fishing year, taking no
action in the summer flounder fishery
would be inconsistent with the goals
and objectives of the FMP and its
implementing regulations because the
no-action alternative would not be
expected to prevent the 2007 summer
flounder recreational harvest limits from
being exceeded.
Effects of the various management
measures were analyzed by employing
quantitative approaches, to the extent
possible. Where quantitative data were
not available, the Council conducted
qualitative analyses. Although NMFS’s
RFA guidance recommends assessing
changes in profitability as a result of
proposed measures, the quantitative
impacts were instead evaluated using
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changes in party/charter vessel revenues
as a proxy for profitability. This is
because reliable cost data are not
available for these fisheries. Without
reliable cost data, profits cannot be
discriminated from gross revenues. As
reliable cost data become available,
impacts to profitability can be more
accurately forecast. Similarly, changes
to long-term solvency were not assessed
due both to the absence of cost data and
because the recreational management
measures change annually according to
the specification-setting process.
Assessments of potential changes in
gross revenues for all 18 combinations
of alternatives proposed in this action
were conducted for federally permitted
party/charter vessels in each state in the
NE region. Management measures
proposed under the summer flounder
conservation equivalency alternative
have yet to be adopted; therefore,
potential losses under this alternative
could not be analyzed in conjunction
with alternatives proposed for scup and
black sea bass. Since conservation
equivalency allows each state to tailor
specific recreational fishing measures to
the needs of that state, while still
achieving conservation goals, it is likely
that the measures developed under this
alternative, when considered in
combination with the measures
proposed for scup and black sea bass,
would have fewer overall adverse effects
than any of the other combinations that
were analyzed.
Impacts were examined by first
estimating the number of angler trips
aboard party/charter vessels in each
state in 2006 that would have been
affected by the proposed 2007
management measures. All 2006 party/
charter fishing trips that would have
been constrained by the proposed 2007
measures in each state were considered
to be affected trips.
There is very little information
available to estimate empirically how
sensitive the affected party/charter
vessel anglers might be to the proposed
fishing regulations. If the proposed
measures discourage trip-taking
behavior among some of the affected
anglers, economic losses may accrue to
the party/charter vessel industry in the
form of reduced access fees. On the
other hand, if the proposed measures do
not have a negative impact on the value
or satisfaction the affected anglers
derive from their fishing trips, party/
charter revenues would remain
unaffected by this action. In an attempt
to estimate the potential changes in
gross revenues to the party/charter
vessel industry in each state, two
hypothetical scenarios were considered:
A 25–percent reduction, and a 50–
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14:19 Mar 14, 2007
Jkt 211001
percent reduction, in the number of
fishing trips that are predicted to be
affected by implementation of the
management measures in the NE (ME
through NC) in 2007.
Total economic losses to party/charter
vessels were then estimated by
multiplying the number of potentially
affected trips in each state in 2007,
under the two hypothetical scenarios,
by the estimated average access fee paid
by party/charter anglers in the NE in
2006. Finally, total economic losses
were divided by the number of federally
permitted party/charter vessels that
participated in the summer flounder
fisheries in 2005 in each state
(according to homeport state in the NE
database) to obtain an estimate of the
average projected gross revenue loss per
party/charter vessel in 2007.
MRFSS data indicate that anglers took
36.98 million fishing trips in 2006 in the
Northeastern U.S., and that party/
charter anglers accounted for 5.1
percent of the angler fishing trips. The
number of party/charter trips in each
state ranged from approximately 29,700
in NH to approximately 510,000 in DE.
The number of trips that targeted
summer flounder was identified, as
appropriate, for each measure, and the
number of trips that would be impacted
by the proposed measures was
estimated. Finally, the revenue impacts
were estimated by calculating the
average fee paid by anglers on party/
charter vessels in the NE in 2006
($41.07 per angler), and the revenue
impacts on individual vessels were
estimated. The analysis assumed that
angler effort and catch rates in 2007 will
be similar to 2006.
The Council noted that this method is
likely to result in overestimation of the
potential revenue losses that would
result from implementation of the
proposed coastwide measures in these
three fisheries for several reasons. First,
the analysis likely overestimates the
potential revenue impacts of these
measures because some anglers would
continue to take party/charter vessel
trips, even if the restrictions limit their
landings. Also, some anglers may
engage in catch and release fishing and/
or target other species. It was not
possible to estimate the sensitivity of
anglers to specific management
measures. Second, the universe of party/
charter vessels that participate in the
fisheries is likely to be even larger than
presented in these analyses, as party/
charter vessels that do not possess a
Federal summer flounder, scup, or black
sea bass permit because they fish only
in state waters are not represented in the
analyses. Considering the large
proportion of landings from state waters
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
(e.g., more than 81 percent of summer
flounder landings in 2005), it is
probable that some party/charter vessels
fish only in state waters and, thus, do
not hold Federal permits for these
fisheries. Third, vessels that hold only
state permits likely will be fishing under
different, potentially less restrictive,
recreational measures for summer
flounder in state waters, if such program
is implemented in the final rule.
Impacts of Summer Flounder
Alternatives
The proposed action for the summer
flounder recreational fishery would
limit coastwide catch to approximately
6.84 million lb (3,105 mt) by imposing
coastwide Federal measures throughout
the EEZ. As described earlier, upon
confirmation that the proposed state
measures would achieve conservation
equivalency, NMFS may waive the
permit condition found at § 648.4(b),
which requires federally permitted
vessels to comply with the more
restrictive management measures when
state and Federal measures differ.
Federally permitted charter/party
permit holders and recreational vessels
fishing for summer flounder in the EEZ
then would be subject to the
recreational fishing measures
implemented by the state in which they
land summer flounder, rather than the
coastwide measures.
The impact of the proposed summer
flounder conservation equivalency
alternative (in Summer Flounder
Alternative 1) among states is likely to
be similar to the level of landings
reductions that are required of each
state. As indicated above, each state
except MD would be required to reduce
summer flounder landings in 2007,
relative to state 2006 landings, by the
percentages shown in Table 1 of the
preamble of this proposed rule. If the
preferred conservation equivalency
alternative is effective at achieving the
recreational harvest limit, then it is
likely to be the only alternative that
minimizes adverse economic impacts, to
the extent practicable, yet achieves the
biological objectives of the FMP.
Because states have a choice, it is
expected that the states would adopt
conservation equivalent measures that
result in fewer adverse economic
impacts than the much more restrictive
precautionary default measures (i.e.,
only one fish measuring at least 18.5
inches (46.99 cm)). Under the
precautionary default measures,
impacted trips are defined as trips taken
in 2006 that landed at least one summer
flounder smaller than 18.5 inches (46.99
cm) or landed more than one summer
flounder. The analysis concluded that
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implementation of precautionary default
measures could affect 4.06 percent of
the party/charter vessel trips in the NE,
including those trips were no summer
flounder were caught.
The impacts of the proposed summer
flounder coastwide alternative (Summer
Flounder Alternative 2), i.e., a 19–inch
(48.26–cm) minimum fish size, a onefish possession limit, and no closed
season, were evaluated using the
quantitative method described above.
Impacted trips were defined as
individual angler trips taken aboard
party/charter vessels in 2006 that
landed at least one summer flounder
smaller than 19 inches (48.26 cm), or
that landed more than one summer
flounder. The analysis concluded that
the measures would affect 4.13 percent
of the party/charter vessel trips in the
NE, including those trips where no
summer flounder were caught.
Combined Impacts of Summer
Flounder, Scup, and Black Sea Bass
Alternatives
Since the management measures
under Summer Flounder Alternative 1
(i.e., conservation equivalency) have yet
to be adopted, the effort effects of this
alternative could not be analyzed in
conjunction with the alternatives
proposed for scup and black sea bass.
The percent of total party/charter boat
trips in the NE that are estimated to be
affected by the proposed actions ranges
from a low of 6.24 percent for the
combination of measures proposed
under the summer flounder
precautionary default, scup alternative
1, and black sea bass alternative 2, to
7.30 percent for the measures proposed
under summer flounder alternative 2
combined with scup alternative 2 and
black sea bass alternative 3.
Regionally, party/charter revenue
losses in 2007 from $4.392 million to
$3.753 million in sales, $1.370 million
to $1.588 million in income, and
between 37 and 43 jobs if a 25–percent
reduction in the number of affected trips
occurs. The estimated losses are
approximately twice as high if a 50–
percent reduction in affected trips is
assumed to occur.
Potential revenue losses in 2007 could
differ for party/charter vessels that land
more than one of the regulated species.
The cumulative maximum gross
revenue loss per vessel varies by the
combination of permits held and by
state. All 18 potential combinations of
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14:19 Mar 14, 2007
Jkt 211001
management alternatives for summer
flounder, scup, and black sea bass are
predicted to affect party/charter vessel
revenues to some extent in all of the
Northeastern coastal states. Although
potential losses were estimated for
party/charter vessels operating out of
Maine and New Hampshire, these
results are suppressed for
confidentiality purposes. Average party/
charter losses for federally permitted
vessels operating in the remaining states
are estimated to vary across the 18
combinations of alternatives. For
example, in New York, average losses
are predicted to range from $4,834 per
vessel under the combined effects of
summer flounder precautionary default
measures (considered under alternative
1), scup alternative 1, and black sea bass
alternative 2 management measures, to
$6,122 per vessel under the combined
effects of summer flounder alternative 2,
scup alternative 2, and black sea bass
alternative 3 management measures,
assuming a 25–percent reduction in
effort, as described above.
There are no new reporting or
recordkeeping requirements contained
in any of the alternatives considered for
this action.
Dated: March 9, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.103, paragraph (b) is
revised to read as follows:
§ 648.103
Minimum fish sizes.
*
*
*
*
*
(b) Unless otherwise specified
pursuant to § 648.107, the minimum
size for summer flounder is 19 inches
(48.26 cm) TL for all vessels that do not
qualify for a moratorium permit, and
charter boats holding a moratorium
permit if fishing with more than three
crew members, or party boats holding a
moratorium permit if fishing with
passengers for hire or carrying more
than five crew members.
*
*
*
*
*
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Frm 00042
Fmt 4702
Sfmt 4702
12163
3. In § 648.105, the first sentence of
paragraph (a) is revised to read as
follows:
§ 648.105
Possession restrictions.
*
*
*
*
*
(a) Unless otherwise specified
pursuant to § 648.107, no person shall
possess more than one summer flounder
in, or harvested from, the EEZ, unless
that person is the owner or operator of
a fishing vessel issued a summer
flounder moratorium permit, or is
issued a summer flounder dealer permit.
***
*
*
*
*
*
4. In § 648.107, paragraph
introductory text (a) and paragraph (b)
are revised to read as follows:
§ 648.107 Conservation equivalent
measures for the summer flounder fishery.
(a) The Regional Administrator has
determined that the recreational fishing
measures proposed to be implemented
by Massachusetts through North
Carolina for 2007 are the conservation
equivalent of the season, minimum fish
size, and possession limit prescribed in
§§ 648.102, 648.103, and 648.105(a),
respectively. This determination is
based on a recommendation from the
Summer Flounder Board of the Atlantic
States Marine Fisheries Commission.
*
*
*
*
*
(b) Federally permitted vessels subject
to the recreational fishing measures of
this part, and other recreational fishing
vessels subject to the recreational
fishing measures of this part and
registered in states whose fishery
management measures are not
determined by the Regional
Administrator to be the conservation
equivalent of the season, minimum size,
and possession limit prescribed in
§§ 648.102, 648.103(b) and 648.105(a),
respectively, due to the lack of, or the
reversal of, a conservation equivalent
recommendation from the Summer
Flounder Board of the Atlantic States
Marine Fisheries Commission, shall be
subject to the following precautionary
default measures: Season - January 1
through December 31; minimum size 18.5 inches (46.99 cm); and possession
limit – one fish.
[FR Doc. E7–4780 Filed 3–14–07; 8:45 am]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Proposed Rules]
[Pages 12158-12163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-4780]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 061020273-7054-04; I.D. 030107B]
RIN 0648-AT60
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2007
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes recreational management measures for the 2007
summer flounder, scup, and black sea bass fisheries. The implementing
regulations for these fisheries require NMFS to publish recreational
measures for the upcoming fishing year and to provide an opportunity
for public comment. The intent of these measures is to prevent
overfishing of the summer flounder, scup, and black sea bass resources.
DATES: Comments must be received by 5 p.m. local time, on March 30,
2007.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: FSBrecreational2007@noaa.gov. Include in the
subject line the following identifier: ``Comments on 2007 Summer
Flounder, Scup, and Black Sea Bass Recreational Measures.''
Federal e-rulemaking portal: https://www.regulations.gov
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast
[[Page 12159]]
Regional Office, One Blackburn Drive, Gloucester, MA 01930. Mark the
outside of the envelope: ``Comments on 2007 Summer Flounder, Scup, and
Black Sea Bass Recreational Measures.
Fax: (978) 281-9135
Copies of supporting documents used by the Summer Flounder, Scup,
and Black Sea Bass Monitoring Committees and of the Environmental
Assessment, Regulatory Impact Review, and Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) are available from Daniel T.
Furlong, Executive Director, Mid-Atlantic Fishery Management Council,
Room 2115, Federal Building, 300 South New Street, Dover, DE 19901-
6790. The EA/RIR/IRFA is also accessible via the Internet at https://
www.nero.noaa.gov.
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 Fishery Management Plan (FMP)
for the Summer Flounder, Scup, and Black Sea Bass Fisheries include
summer flounder (Paralichthys dentatus) in U.S. waters of the Atlantic
Ocean from the southern border of North Carolina northward to the U.S./
Canada border, and scup (Stenotomus chrysops) and black sea bass
(Centropristis striata) in U.S. waters of the Atlantic Ocean from
35[deg]15.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton,
NC) northward to the U.S./Canada border.
The FMP and its implementing regulations, which are found at 50 CFR
part 648, subparts A (General Provisions), G (summer flounder), H
(scup), and I (black sea bass), describe the process for specifying
annual recreational measures that apply in the Exclusive Economic Zone
(EEZ). The states manage these fisheries within 3 miles of their
coasts, under the Commission's plan for summer flounder, scup, and
black sea bass. The Federal regulations govern vessels fishing in the
EEZ, as well as vessels possessing a Federal fisheries permit,
regardless of where they fish.
The FMP established Monitoring Committees (Committees) for the
three fisheries, consisting of representatives from the Commission; the
Mid-Atlantic, New England, and South Atlantic Councils; and NMFS. The
FMP and its implementing regulations require the Committees to review
scientific and other relevant information annually and to recommend
management measures necessary to achieve the recreational harvest
limits established for the summer flounder, scup, and black sea bass
fisheries for the upcoming fishing year. The FMP limits these measures
to minimum fish size, possession limit, and fishing season.
The Council's Demersal Species Committee and the Commission's
Summer Flounder, Scup, and Black Sea Bass Management Board (Board) then
consider the Committees' recommendations and any public comment in
making their recommendations to the Council and the Commission,
respectively. The Council then reviews the recommendations of the
Demersal Species Committee, makes its own recommendations, and forwards
them to NMFS for review. The Commission similarly adopts
recommendations for the states. NMFS is required to review the
Council's recommendations to ensure that they are consistent with the
targets specified for each species in the FMP.
Quota specifications for the 2007 summer flounder, scup, and black
sea bass fisheries were published on December 14, 2006 (71 FR 75134).
The summer flounder quota specification was later increased by
emergency rule on January 19, 2007 (72 FR 2458), consistent with the
provisions of the Magnuson-Stevens Fishery Conservation and Management
Act Reauthorization of 2006. The summer flounder emergency rule will
expire after 180 days, on July 18, 2007, unless extended by NMFS. NMFS
intends to undertake notice and comment rulemaking in the Federal
Register before the current emergency rule expires to extend the
initial rule's measures through the fishing year ending December 31,
2007. However, should the emergency rule not be extended for any
reason, the original summer flounder quota specification would become
effective again and NMFS would revise the summer flounder recreational
measures to be consistent with the lower recreational harvest limit.
The quota specification contained in the emergency rule has been
determined to be consistent with the 2007 target fishing mortality rate
(F) for summer flounder. The specifications contained in the December
14, 2006, rule were determined to be consistent with the 2007 target
exploitation rates for scup and black sea bass.
Based on the specifications currently in place, the 2007 coastwide
recreational harvest limits are 6,844,800 lb (3,105 mt) for summer
flounder, 2,744,200 lb (1,245 mt) for scup, and 2,473,500 lb (1,122 mt)
for black sea bass. The specification rules did not establish
recreational measures, since final recreational catch data for 2006
were not available when the Council made its recreational harvest limit
recommendation to NMFS.
All minimum fish sizes discussed hereafter are total length
measurements of the fish, i.e., the straight-line distance from the tip
of the snout to the end of the tail while the fish is lying on its
side. For black sea bass, total length measurement does not include the
caudal fin tendril. All possession limits discussed below are per
person.
Summer Flounder
Overall, recreational landings for 2006 were estimated to have been
11.74 million lb (5,325 mt). This exceeded, by approximately 26
percent, the 2006 recreational harvest limit of 9.29 million lb (4,214
mt). Five individual states are projected to have exceeded their 2006
state harvest limits when their allocations are converted to number of
fish using the average weight of summer flounder harvested during 2005
and 2006. These states are, with their respective percent overage, as
follows: MA (2 percent); RI (25 percent); NY (29 percent); NJ (9
percent); and VA (41 percent).
The 2007 coastwide harvest limit is 6,844,800 lb (3,105 mt), a
26.4-percent decrease from the 2006 harvest limit. Assuming the same
level of fishing effort in 2007, a 41.7-percent reduction in landings
coastwide would be required for summer flounder. The Council is
recommending conservation equivalency, described as follows, that would
require individual states to reduce summer flounder landings (in number
of fish) to achieve the necessary recreational harvest reductions for
2007.
NMFS implemented Framework Adjustment 2 to the FMP (Framework
Adjustment 2) on July 29, 2001 (66 FR 36208), which established a
process that makes conservation equivalency an option for the summer
flounder recreational fishery. Conservation equivalency allows each
state to establish its own recreational management measures (possession
limits, minimum fish size, and fishing seasons) to achieve its state
harvest limit, as long as the combined effect of all of the states'
management measures achieves the same level of conservation as would
Federal coastwide measures developed to achieve the overall
[[Page 12160]]
recreational harvest limit, if implemented by all of the states.
The Council and Board recommend annually that either state-specific
recreational measures be developed (conservation equivalency) or
coastwide management measures be implemented by all states to ensure
that the recreational harvest limit will not be exceeded. Even when the
Council and Board recommend conservation equivalency, the Council must
specify a set of coastwide measures that would apply if conservation
equivalency is not approved. If conservation equivalency is
recommended, and following confirmation that the proposed state
measures would achieve conservation equivalency, NMFS may waive the
permit condition found at Sec. 648.4(b), which requires federally
permitted vessels to comply with the more restrictive management
measures when state and Federal measures differ. Federally permitted
charter/party permit holders and recreational vessels fishing for
summer flounder in the EEZ then would be subject to the recreational
fishing measures implemented by the state in which they land summer
flounder, rather than the coastwide measures.
In addition, the Council and the Board must recommend precautionary
default measures. The Commission would require adoption of the
precautionary default measures by any state that either does not submit
a summer flounder management proposal to the Commission's Summer
Flounder Technical Committee, or that submits measures that are
determined not to achieve the required reduction. The precautionary
default measures are defined as the set of measures that would achieve
the greatest reduction in landings required for any state.
In December 2006, the Council and Board voted to recommend
conservation equivalency to achieve the 2007 recreational harvest
limit. The Commission's conservation equivalency guidelines require the
states to determine and implement appropriate state-specific management
measures (i.e., possession limits, fish size limits, and fishing
seasons) to achieve state-specific harvest limits. Under this approach,
each state may implement unique management measures appropriate to that
state, so long as these measures are determined by the Commission to
provide equivalent conservation as would Federal coastwide measures
developed to achieve the overall recreational harvest limit. According
to the conservation equivalency procedures established in Framework
Adjustment 2, each state from MA to NC, excluding MD, would be required
to reduce 2007 landings by the percentages shown in Table 1. MD may
submit more liberal management measures, provided that they are
sufficient to meet the 2007 state harvest limit. ME and NH have no
recreational summer flounder harvest limit and are not required to
submit management measures to the Commission.
Table 1. Required state by state reductions in summer flounder recreational harvest limits for 2007.
--------------------------------------------------------------------------------------------------------------------------------------------------------
State ME NH MA RI CT NY NJ DE MD VA NC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent change from 2006 to 2007 -- -- -35.3 -47.2 -13.7 -48.6 -39.5 -29.3 0.0 -53.0 -8.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
The Board required that each state submit its conservation
equivalency proposal to the Commission by January 15, 2007. The
Commission's Summer Flounder Technical Committee then evaluated the
proposals and advised the Board of each proposal's consistency with
respect to achieving the coastwide recreational harvest limit. The
Commission invited public participation in its review process by
allowing public comment on the state proposals at the Technical
Committee meeting held on January 22, 2007. The Board met on January
31, 2007, and approved a range of management proposals for each state,
as well as regional and coastwide management options designed to attain
conservation equivalency. Once the states select and submit their final
summer flounder management measures to the Commission, the Commission
will notify NMFS as to which individual state, regional, or coastwide
proposals have been approved or disapproved. NMFS retains the final
authority either to approve or to disapprove using conservation
equivalency in place of the coastwide measures and will publish its
determination as a final rule in the Federal Register to establish the
2007 recreational measures for these fisheries.
States that do not submit conservation equivalency proposals, or
for which proposals were disapproved by the Commission, will be
required by the Commission to adopt the precautionary default measures.
In the case of states that are initially assigned precautionary default
measures, but subsequently receive Commission approval of revised state
measures, NMFS will publish a notice in the Federal Register announcing
a waiver of the permit condition at Sec. 648.4(b).
As described above, for each fishing year, NMFS implements either
coastwide measures or conservation equivalent measures at the final
rule stage. The coastwide measures recommended by the Council and Board
for 2007 are a 19-inch (48.26-cm) minimum fish size, a possession limit
of one fish, and an open season from January 1 through December 31. In
this action, NMFS proposes these coastwide measures in the EEZ, as they
are expected to constrain landings to the overall recreational harvest.
These measures would be waived if conservation equivalency is approved.
The precautionary default measures specified by the Council and
Board are an 18.5-inch (46.99-cm) minimum fish size, a possession limit
of one fish, and an open season of January 1 through December 31. These
measures are also estimated to achieve the 2007 target if applied
coastwide.
Scup
The 2007 scup recreational harvest limit is approximately 2.74
million lb (1,245 mt), a 34-percent decrease from the 2006 recreational
harvest limit of 4.15 million lb (1,882 mt). Recreational landings in
2006 were estimated to have been 2.8 million lb (1,270 mt). The 2.1-
percent difference in the estimated 2006 landings and 2007 target is
well within the percent standard error for scup landings estimated from
the Marine Recreational Fishery Statistics Survey (MRFSS). As such, no
reduction from the 2006 measures would be necessary for 2007, as the
status quo measures are unlikely to result in exceeding the 2007
target.
The 2007 scup recreational fishery will be managed under separate
regulations for state and Federal waters; the Federal measures would
apply to party/charter vessels with Federal permits and other vessels
subject to the possession limit that fish in the EEZ. In Federal
waters, to achieve the 2007 target, NMFS proposes to maintain the
status quo coastwide management measures of a 10-inch (25.40-cm)
minimum fish size, a 50-fish possession
[[Page 12161]]
limit, and open seasons of January 1 through February 28, and September
18 through November 30, as recommended by the Council.
As has occurred in the past 5 years, the scup fishery in state
waters will be managed under a regional conservation equivalency system
developed through the Commission. Addendum XI to the Interstate FMP
(Addendum XI), approved by the Board at the January 2004 Council/
Commission meeting, requires that the states of Massachusetts through
New York each develop state-specific management measures to constrain
their landings to an annual harvest level for this region in number of
fish (approximately 3.1 million fish for 2007), through a combination
of minimum fish size, possession limits, and seasonal closures. Because
the Federal FMP does not contain provisions for conservation
equivalency, and states may adopt their own unique measures under
Addendum XI, the Federal and state recreational scup management
measures will differ for 2007.
At the January 31, 2007, meeting, the Board approved a regional
management proposal for MA through NY that would allow a season of at
least 150 days. The Board retained a minimum fish size of 10.5 inches
(26.7 cm) and a common possession limit (25 fish for private vessels
and shore-based anglers; and 60 fish for party/charter vessels,
dropping to 25 fish after a 2-month period) for the states of MA
through NY. These northern states are expected to submit their final
management measures to the Commission by March 1, 2007. New Jersey will
maintain status quo scup recreational management measures of a 9-inch
(22.9-cm) minimum size, a 50-fish possession limit, and open seasons of
January 1 through February 28, and July 1 through December 31. Due to
low scup landings in Delaware through North Carolina, the Board
approved the retention of status quo management measures for those
states as well, i.e., an 8-inch (20.3-cm) minimum fish size, a 50-fish
possession limit, and no closed season.
Black Sea Bass
Recreational landings in 2007 were estimated to have been 1.91
million lb (866 mt)-- 52 percent below the 2006 target of 3.99 million
lb (1,809 mt) and 23 percent below the 2007 target of 2.47 million lb
(1,122 mt). The 2007 recreational harvest limit of 2.47 million lb
(1,122 mt) is a 38-percent decrease from the 2006 target. Based on 2006
landings, no reduction in landings is necessary to achieve the 2007
target.
For Federal waters, the Council and Board have approved measures
that would maintain the 25-fish possession limit, the 12-inch (30.48-
cm) minimum size, and open season of January 1 through December 31.
NMFS proposes to maintain these measures, which are expected to
constrain recreational black sea bass landings to the 2007 target.
Classification
NMFS has determined that the proposed rule is consistent with the
FMP and preliminarily determined that the rule is consistent with the
Magnuson-Stevens Fishery Conservation and Management Act and other
applicable laws.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the RFA. The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of this section of the preamble and in the SUMMARY
section of the preamble. A summary of the analysis follows. A copy of
the complete IRFA is available from the Council (see ADDRESSES).
This proposed rule does not duplicate, overlap, or conflict with
other Federal rules.
The proposed action could affect any recreational angler who fishes
for summer flounder, scup, or black sea bass in the EEZ or on a party/
charter vessel issued a Federal permit for summer flounder, scup, and/
or black sea bass. However, the IRFA focuses upon the impacts on party/
charter vessels issued a Federal permit for summer flounder, scup, and/
or black sea bass because these vessels are considered small business
entities for the purposes of the RFA, i.e., businesses with gross
revenues of up to $3.5 million. These small entities can be
specifically identified in the Federal vessel permit database and would
be impacted by the recreational measures, regardless of whether they
fish in Federal or state waters. Although individual recreational
anglers are likely to be impacted, they are not considered small
entities under the RFA. Also, there is no permit requirement to
participate in these fisheries; thus, it would be difficult to quantify
any impacts on recreational anglers in general.
The Council estimated that the proposed measures could affect any
of the 920 vessels possessing a Federal charter/party permit for summer
flounder, scup, and/or black sea bass in 2005, the most recent year for
which complete permit data are available. However, only 331 of these
vessels reported active participation in the recreational summer
flounder, scup, and/or black sea bass fisheries in 2005.
In the IRFA, the no-action alternative (i.e., maintenance of the
regulations as codified) is defined as implementation of the following:
(1) for summer flounder, coastwide measures of a 17-inch (43.18-cm)
minimum fish size, a 4-fish possession limit, and no closed season,
i.e., the current Federal regulatory measure that would be implemented
if conservation equivalency is not implemented in the final rule; (2)
for scup, a 10-inch (25.40-cm) minimum fish size, a 50-fish possession
limit, and open seasons of January 1 through February 28, and September
18 through November 30; and (3) for black sea bass, a 12-inch (30.48-
cm) minimum size, a 25-fish possession limit, and an open season of
January 1 through December 31.
The no-action alternatives for scup and black sea bass are the same
(status quo) measures being proposed for 2007. Landings of these
species in 2006 were either less than their respective target (black
sea bass) or within the within the average observed percent standard
error for the estimated landings (scup), and the status quo measures
are expected to constrain landings to the 2007 targets. As such, since
there is no regulatory change being proposed for these two species,
there is no need of further discussion of the economic impacts within
this section.
For summer flounder, state-specific implications of adopting the
no-action (coastwide) alternative would result in more restrictive
measures than conservation equivalent regulations in place for all
Northeast (NE) states in 2006. In consideration of the recreational
harvest limits established for the 2007 fishing year, taking no action
in the summer flounder fishery would be inconsistent with the goals and
objectives of the FMP and its implementing regulations because the no-
action alternative would not be expected to prevent the 2007 summer
flounder recreational harvest limits from being exceeded.
Effects of the various management measures were analyzed by
employing quantitative approaches, to the extent possible. Where
quantitative data were not available, the Council conducted qualitative
analyses. Although NMFS's RFA guidance recommends assessing changes in
profitability as a result of proposed measures, the quantitative
impacts were instead evaluated using
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changes in party/charter vessel revenues as a proxy for profitability.
This is because reliable cost data are not available for these
fisheries. Without reliable cost data, profits cannot be discriminated
from gross revenues. As reliable cost data become available, impacts to
profitability can be more accurately forecast. Similarly, changes to
long-term solvency were not assessed due both to the absence of cost
data and because the recreational management measures change annually
according to the specification-setting process.
Assessments of potential changes in gross revenues for all 18
combinations of alternatives proposed in this action were conducted for
federally permitted party/charter vessels in each state in the NE
region. Management measures proposed under the summer flounder
conservation equivalency alternative have yet to be adopted; therefore,
potential losses under this alternative could not be analyzed in
conjunction with alternatives proposed for scup and black sea bass.
Since conservation equivalency allows each state to tailor specific
recreational fishing measures to the needs of that state, while still
achieving conservation goals, it is likely that the measures developed
under this alternative, when considered in combination with the
measures proposed for scup and black sea bass, would have fewer overall
adverse effects than any of the other combinations that were analyzed.
Impacts were examined by first estimating the number of angler
trips aboard party/charter vessels in each state in 2006 that would
have been affected by the proposed 2007 management measures. All 2006
party/charter fishing trips that would have been constrained by the
proposed 2007 measures in each state were considered to be affected
trips.
There is very little information available to estimate empirically
how sensitive the affected party/charter vessel anglers might be to the
proposed fishing regulations. If the proposed measures discourage trip-
taking behavior among some of the affected anglers, economic losses may
accrue to the party/charter vessel industry in the form of reduced
access fees. On the other hand, if the proposed measures do not have a
negative impact on the value or satisfaction the affected anglers
derive from their fishing trips, party/charter revenues would remain
unaffected by this action. In an attempt to estimate the potential
changes in gross revenues to the party/charter vessel industry in each
state, two hypothetical scenarios were considered: A 25-percent
reduction, and a 50-percent reduction, in the number of fishing trips
that are predicted to be affected by implementation of the management
measures in the NE (ME through NC) in 2007.
Total economic losses to party/charter vessels were then estimated
by multiplying the number of potentially affected trips in each state
in 2007, under the two hypothetical scenarios, by the estimated average
access fee paid by party/charter anglers in the NE in 2006. Finally,
total economic losses were divided by the number of federally permitted
party/charter vessels that participated in the summer flounder
fisheries in 2005 in each state (according to homeport state in the NE
database) to obtain an estimate of the average projected gross revenue
loss per party/charter vessel in 2007.
MRFSS data indicate that anglers took 36.98 million fishing trips
in 2006 in the Northeastern U.S., and that party/charter anglers
accounted for 5.1 percent of the angler fishing trips. The number of
party/charter trips in each state ranged from approximately 29,700 in
NH to approximately 510,000 in DE. The number of trips that targeted
summer flounder was identified, as appropriate, for each measure, and
the number of trips that would be impacted by the proposed measures was
estimated. Finally, the revenue impacts were estimated by calculating
the average fee paid by anglers on party/charter vessels in the NE in
2006 ($41.07 per angler), and the revenue impacts on individual vessels
were estimated. The analysis assumed that angler effort and catch rates
in 2007 will be similar to 2006.
The Council noted that this method is likely to result in
overestimation of the potential revenue losses that would result from
implementation of the proposed coastwide measures in these three
fisheries for several reasons. First, the analysis likely overestimates
the potential revenue impacts of these measures because some anglers
would continue to take party/charter vessel trips, even if the
restrictions limit their landings. Also, some anglers may engage in
catch and release fishing and/or target other species. It was not
possible to estimate the sensitivity of anglers to specific management
measures. Second, the universe of party/charter vessels that
participate in the fisheries is likely to be even larger than presented
in these analyses, as party/charter vessels that do not possess a
Federal summer flounder, scup, or black sea bass permit because they
fish only in state waters are not represented in the analyses.
Considering the large proportion of landings from state waters (e.g.,
more than 81 percent of summer flounder landings in 2005), it is
probable that some party/charter vessels fish only in state waters and,
thus, do not hold Federal permits for these fisheries. Third, vessels
that hold only state permits likely will be fishing under different,
potentially less restrictive, recreational measures for summer flounder
in state waters, if such program is implemented in the final rule.
Impacts of Summer Flounder Alternatives
The proposed action for the summer flounder recreational fishery
would limit coastwide catch to approximately 6.84 million lb (3,105 mt)
by imposing coastwide Federal measures throughout the EEZ. As described
earlier, upon confirmation that the proposed state measures would
achieve conservation equivalency, NMFS may waive the permit condition
found at Sec. 648.4(b), which requires federally permitted vessels to
comply with the more restrictive management measures when state and
Federal measures differ. Federally permitted charter/party permit
holders and recreational vessels fishing for summer flounder in the EEZ
then would be subject to the recreational fishing measures implemented
by the state in which they land summer flounder, rather than the
coastwide measures.
The impact of the proposed summer flounder conservation equivalency
alternative (in Summer Flounder Alternative 1) among states is likely
to be similar to the level of landings reductions that are required of
each state. As indicated above, each state except MD would be required
to reduce summer flounder landings in 2007, relative to state 2006
landings, by the percentages shown in Table 1 of the preamble of this
proposed rule. If the preferred conservation equivalency alternative is
effective at achieving the recreational harvest limit, then it is
likely to be the only alternative that minimizes adverse economic
impacts, to the extent practicable, yet achieves the biological
objectives of the FMP. Because states have a choice, it is expected
that the states would adopt conservation equivalent measures that
result in fewer adverse economic impacts than the much more restrictive
precautionary default measures (i.e., only one fish measuring at least
18.5 inches (46.99 cm)). Under the precautionary default measures,
impacted trips are defined as trips taken in 2006 that landed at least
one summer flounder smaller than 18.5 inches (46.99 cm) or landed more
than one summer flounder. The analysis concluded that
[[Page 12163]]
implementation of precautionary default measures could affect 4.06
percent of the party/charter vessel trips in the NE, including those
trips were no summer flounder were caught.
The impacts of the proposed summer flounder coastwide alternative
(Summer Flounder Alternative 2), i.e., a 19-inch (48.26-cm) minimum
fish size, a one-fish possession limit, and no closed season, were
evaluated using the quantitative method described above. Impacted trips
were defined as individual angler trips taken aboard party/charter
vessels in 2006 that landed at least one summer flounder smaller than
19 inches (48.26 cm), or that landed more than one summer flounder. The
analysis concluded that the measures would affect 4.13 percent of the
party/charter vessel trips in the NE, including those trips where no
summer flounder were caught.
Combined Impacts of Summer Flounder, Scup, and Black Sea Bass
Alternatives
Since the management measures under Summer Flounder Alternative 1
(i.e., conservation equivalency) have yet to be adopted, the effort
effects of this alternative could not be analyzed in conjunction with
the alternatives proposed for scup and black sea bass. The percent of
total party/charter boat trips in the NE that are estimated to be
affected by the proposed actions ranges from a low of 6.24 percent for
the combination of measures proposed under the summer flounder
precautionary default, scup alternative 1, and black sea bass
alternative 2, to 7.30 percent for the measures proposed under summer
flounder alternative 2 combined with scup alternative 2 and black sea
bass alternative 3.
Regionally, party/charter revenue losses in 2007 from $4.392
million to $3.753 million in sales, $1.370 million to $1.588 million in
income, and between 37 and 43 jobs if a 25-percent reduction in the
number of affected trips occurs. The estimated losses are approximately
twice as high if a 50-percent reduction in affected trips is assumed to
occur.
Potential revenue losses in 2007 could differ for party/charter
vessels that land more than one of the regulated species. The
cumulative maximum gross revenue loss per vessel varies by the
combination of permits held and by state. All 18 potential combinations
of management alternatives for summer flounder, scup, and black sea
bass are predicted to affect party/charter vessel revenues to some
extent in all of the Northeastern coastal states. Although potential
losses were estimated for party/charter vessels operating out of Maine
and New Hampshire, these results are suppressed for confidentiality
purposes. Average party/charter losses for federally permitted vessels
operating in the remaining states are estimated to vary across the 18
combinations of alternatives. For example, in New York, average losses
are predicted to range from $4,834 per vessel under the combined
effects of summer flounder precautionary default measures (considered
under alternative 1), scup alternative 1, and black sea bass
alternative 2 management measures, to $6,122 per vessel under the
combined effects of summer flounder alternative 2, scup alternative 2,
and black sea bass alternative 3 management measures, assuming a 25-
percent reduction in effort, as described above.
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
Dated: March 9, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.103, paragraph (b) is revised to read as follows:
Sec. 648.103 Minimum fish sizes.
* * * * *
(b) Unless otherwise specified pursuant to Sec. 648.107, the
minimum size for summer flounder is 19 inches (48.26 cm) TL for all
vessels that do not qualify for a moratorium permit, and charter boats
holding a moratorium permit if fishing with more than three crew
members, or party boats holding a moratorium permit if fishing with
passengers for hire or carrying more than five crew members.
* * * * *
3. In Sec. 648.105, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 648.105 Possession restrictions.
* * * * *
(a) Unless otherwise specified pursuant to Sec. 648.107, no person
shall possess more than one summer flounder in, or harvested from, the
EEZ, unless that person is the owner or operator of a fishing vessel
issued a summer flounder moratorium permit, or is issued a summer
flounder dealer permit. * * *
* * * * *
4. In Sec. 648.107, paragraph introductory text (a) and paragraph
(b) are revised to read as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by Massachusetts through
North Carolina for 2007 are the conservation equivalent of the season,
minimum fish size, and possession limit prescribed in Sec. Sec.
648.102, 648.103, and 648.105(a), respectively. This determination is
based on a recommendation from the Summer Flounder Board of the
Atlantic States Marine Fisheries Commission.
* * * * *
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels subject
to the recreational fishing measures of this part and registered in
states whose fishery management measures are not determined by the
Regional Administrator to be the conservation equivalent of the season,
minimum size, and possession limit prescribed in Sec. Sec. 648.102,
648.103(b) and 648.105(a), respectively, due to the lack of, or the
reversal of, a conservation equivalent recommendation from the Summer
Flounder Board of the Atlantic States Marine Fisheries Commission,
shall be subject to the following precautionary default measures:
Season - January 1 through December 31; minimum size - 18.5 inches
(46.99 cm); and possession limit - one fish.
[FR Doc. E7-4780 Filed 3-14-07; 8:45 am]
BILLING CODE 3510-22-S
