[Federal Register Volume 62, Number 202 (Monday, October 20, 1997)]
[Proposed Rules]
[Pages 54427-54431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27821]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 971015246-7246-01; I.D. 100897D]
RIN 0648-AK44
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specifications for the 1998 summer flounder, scup, and
black sea bass fisheries; request for comments.
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SUMMARY: NMFS proposes specifications for 1998 for summer flounder,
scup, and black sea bass. The implementing regulations for these
fisheries require NMFS to publish specifications for the upcoming
fishing year and to provide an opportunity for public comment. The
intent of these measures is to reduce fishing effort on summer
flounder, scup, and black sea bass and to continue rebuilding stock
abundance of these species.
DATES: Public comments must be received on or before November 17, 1997.
ADDRESSES: Copies of supporting documents used by the Summer Flounder,
Scup, and Black Sea Bass Monitoring Committees and of the Environmental
Assessment (EA), Regulatory Impact Review, and the Initial Regulatory
Flexibility Analysis (IRFA) are available from: David R. Keifer,
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,
Federal Building, 300 South New Street, Dover, DE 19904-6790.
Comments on the proposed specifications should be sent to: Andrew
A. Rosenberg, Ph.D., Regional Administrator, Northeast Region, NMFS,
One Blackburn Drive, Gloucester, MA 01930-2298. Mark on the outside of
the envelope, ``Comments--1998 Summer Flounder, Scup, and Black Sea
Bass Specifications.''
FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy
Analyst, (978) 281-9221.
SUPPLEMENTARY INFORMATION:
Background
The regulations implementing the Fishery Management Plan for the
Summer Flounder, Scup, and Black Sea Bass Fisheries (FMP) outline the
process for specifying annually the allowed catch limits for both
commercial and recreational fisheries, as well as other management
measures (e.g., mesh requirements, minimum fish sizes) for these
fisheries. These measures are specified to attain annual targets
(either a fishing mortality rate or an exploitation rate) specified for
each species in the FMP.
A Monitoring Committee for each species, with members from NMFS,
the Atlantic States Marine Fisheries Commission (Commission), and both
the Mid-Atlantic Fishery Management Council (Council) and New England
Fishery Management Council, are required to conduct a review of
available information and to recommend catch specifications and other
management measures necessary
[[Page 54428]]
to achieve the target fishing mortality (F) or exploitation rate for
each fishery, as specified in the FMP. The Council's Demersal Species
Committee and the Commission's Summer Flounder, Scup, and Black Sea
Bass Board (Board) then consider the Monitoring Committee
recommendations and any public comment in making their recommendations.
The Council and Board made their annual recommendations at a joint
meeting held September 23-25, 1997.
Summer Flounder
The target F specified in the FMP for 1998 is 0.24, the level of
fishing that produces maximum yield per recruit, Fmax.
Summer flounder was most recently assessed at SAW-25 (August 1997).
SAW-25 indicates that the FMP measures have not yet reduced F below 1.0
and recommended that, in light of the FMP target, total allowable
landings (TAL) should be no more than 13.889 million lb (6.30 million
kg) (a commercial quota of 8.333 million lb (3.80 million kg), and a
recreational harvest limit of 5.556 million lb (2.52 million kg)). In
addition, SAW-25 recommended that additional measures should be
considered to minimize commercial and recreational discard mortality.
The Council's staff and Monitoring Committee both recommended adopting
the SAW recommendation (13.889 million lb; 6.30 million kg) for 1998.
This level represents a 25-percent reduction from the initial 1997 TAL
of 18.518 million lb (8.40 million kg), but a 12-percent reduction from
the actual 1997 allowed harvest of 15.8 million lb (7.17 million kg)
after deduction of commercial overages in 1996.
The Council and Board reviewed the Committee's recommendation and
voted instead to recommend a 1998 TAL equal to the 1997 level (18.518
million lb (8.40 million kg): 11.11 million lb (5.04 million kg)
commercial quota; 7.4 million lb (3.36 million kg) recreational harvest
limit). SAW-25 estimated that this proposed TAL has a 50-percent
probability of resulting in F = 0.34.
The Council and Board also took action to address the SAW-25
concerns about discards by specifying that 15 percent of the commercial
quota will be set aside by the states for a bycatch fishery. Since the
FMP does not specifically include a provision for such an allocation,
the measure must be enacted by the states. Therefore, the Board adopted
motions to make it mandatory for the states to implement the bycatch
set aside, and to implement trip limits with the objective of keeping
the fishery open all year; these measures will be Commission compliance
criteria. The Council and Board also voted to retain the existing
commercial minimum fish size (14 inches (35.6 cm)) and to continue the
Small Mesh Exemption program.
NMFS believes that the bycatch allocation is a serious attempt to
address discards, and is, in effect, a 15-percent reduction in the
commercial quota allocated to the directed fishery. The bycatch quota
allocation will extend the season and will reduce waste in the fishery.
The Council submission notes several factors that it believes will
increase the probability that a 1998 TAL equal to the 1997 level has a
reasonable likelihood of attaining Fmax: (1) A new
retrospective pattern in the assessment that shows for terminal year
1994, the stock size was underestimated, and for 1994 and 1995 the
fishing mortality was overestimated; (2) the quota overages in 1997
will result in reductions to the allowed commercial landings in 1998;
(3) the reductions in mortality anticipated from measures to reduce
discard in the commercial fishery (and planned future hook
specifications to reduce discard in the recreational fishery); and (4)
the fact that the SAW-25 projections are very dependent upon the
recruitment estimate for 1996, which may be underestimated.
NMFS agrees that the first three of these factors are valid points
to support the Council recommendation. SAW-25 notes that the
retrospective pattern for 1994-95 alters the pattern noted in the last
assessment. SAW-25 concluded that the reversal in terminal year F
estimates may be due to improved accuracy of catch estimates in 1995
and 1996, more accurate indices of stock size due to revised aging, and
improved monitoring and estimation of discards. There is no reason to
expect that these factors will change and, in fact, NMFS agrees that
there have been substantive improvements in quota monitoring and
prevention of quota overages over the past year. Therefore, this
pattern is likely to hold for 1996 estimates. A greater stock size in
1996 would increase the projected stock size in 1998, which means more
fish being available for harvest at a given F. This, in turn, increases
the probability that the proposed TAL of 18.518 million lb (8.4 million
kg) would achieve Fmax in 1998.
Based on landings to date, the Council estimates that there will be
a quota overage in 1997 of 166,935 lb (75,720 kg), or 1.05 percent, if
there is no further late reporting during 1997 and all states are
closed with no additional overages. The Council believes that the
reduction in the final 1998 TAL due to overages, will also contribute
to increasing the probability in achieving Fmax.
The Council believes that the 15 percent quota set-aside for
bycatch fisheries will reduce discards of sublegal fish as well as
reduce regulatory discards as the result of landing limits in the
states. A decrease in the amount of discards would increase the
likelihood that the target F would be achieved in 1998, i.e, summer
flounder that had been discarded dead would now be landed and apply to
the quota reducing the amount of fish killed by commercial fishers.
Projected discard levels for 1998 are 1.76 million lb (0.80 million kg)
in the commercial and recreational fisheries. In addition, states would
be required to implement programs to collect additional data on
discards in the commercial fishery. The Commission voted to make these
two requirements mandatory compliance measures for the states. As such,
the states are required to submit plans to meet these requirements so
that the plans are approved before the beginning of the 1998 commercial
fishery.
In addition, the Council anticipates that Amendment 10 will be
approved, the measure requiring the minimum mesh size throughout the
net will be implemented mid-year and reductions in F on sublegal fish
will result. The Council also intends to advocate for a recreational
hook specification that will reduce recreational discard and discard
mortality. Among other comments concerning discards, SAW-25 recommended
that there should be additional measures to reduce discard mortality.
The measures noted above are efforts to address these comments. These
measures also will improve the probability of attaining
Fmax.
NMFS does not rely strongly on the Council's feeling that
recruitment for 1996 is underestimated. Raising this as a factor in
supporting the TAL does not comply with NMFS policy, which is to be
cautious in the face of uncertainty. The Council explains its rationale
in its EA. However, there is little information at this time to confirm
that recruitment for 1996 is underestimated. At the September 1997
Council meeting, some state representatives indicated preliminary
results from young-of-the-year surveys might indicate better than
average recruitment. The surveys, for the most part, were still
underway. Consequently, the results are inconclusive. The commercial
quotas by state for 1998 are presented in Table 1.
[[Page 54429]]
Table 1.--1998 State Commercial Quotas (Proposed)
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Share 1998 quota 1998 quota
State (percent) (percent) (kg)*
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ME.............................................................. 0.04756 5,284 2,397
NH.............................................................. 0.00046 51 23
MA.............................................................. 6.82046 757,841 343,751
RI.............................................................. 15.68298 1,742,583 790,422
CT.............................................................. 2.25708 250,791 113,757
NY.............................................................. 7.64699 849,680 385,408
NJ.............................................................. 16.72499 1,858,363 842,939
DE.............................................................. 0.01779 1,977 897
MD.............................................................. 2.03910 226,570 102,770
VA.............................................................. 21.31676 2,368,569 1,074,365
NC.............................................................. 27.44584 3,049,589 1,383,270
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Total....................................................... .............. 11,111,298 5,039,999
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* Any differences expressed in the conversion of pounds to kilograms are due to rounding.
Scup
The target exploitation rate for scup in 1998 is 47 percent, the
rate associated with F = 0.72. The FMP establishes a total allowable
catch (TAC) that is allocated to commercial (78 percent) and
recreational (22 percent) sectors. Discard estimates are deducted from
both TACs to establish TAL for both sectors.
Scup was most recently assessed in SAW-25 (1997). The assessment
indicates that F has been above 1.0 for the period 1984-96. SAW-25
examined 1996 total catch and estimated that a 34-percent reduction
from that exploitation level would result in a TAC of 7.275 million lb
(3.30 million kg), which would likely reduce F below 1.0. The staff
recommended establishing the TAC at that level. The Monitoring
Committee recommended that the Council should set the TAC no higher
than that level and should also consider a further reduction.
The Council and Board adopted the recommendation for a TAC of 7.275
million lb (3.30 million kg). The resulting commercial TAC is 5.675
million lb (2.57 million kg). Both groups debated two ways to calculate
the commercial discard estimate: Employing the same discard estimate
used in the 1997 specifications (1.103 million lb; 0.50 million kg), or
using an amount based on the ratio of 1996 estimated landings to
discards (2.048 million lb; 0.93 million kg). In making its
recommendations last year, the Council and Board reviewed discard
estimates based on fishery data and reduced those estimates to reflect
anticipated reductions in discards associated with the implementation
of the minimum mesh and minimum fish restrictions under emergency
regulation in March 27, 1996 (61 FR 13452).
The Council and Board decided to also use the 1997 discard estimate
for the 1998 specifications. They chose not to use the estimate based
on 1996 data because it reflects discards that occurred in the first
quarter of the year, prior to the emergency measures. The deduction of
the resulting discard allowance of 1.103 million lb (0.50 million kg)
from the commercial TAC of 5.675 million lb (2.57 million kg) results
in a 1998 proposed commercial quota of 4.572 million lb (2.07 million
kg). This quota represents a 24-percent reduction from the 1997
commercial quota of 6.0 million lb (2.72 million kg).
The Council and Board adopted a 20,000-lb (9,072-kg) trip limit in
the Winter I period, which is to decrease to 1,000 lb (454 kg) when 85
percent of the Winter I quota is harvested, and an 8,000-lb (3,629-kg)
trip limit throughout the Winter II period. They retained the 4.5-inch
(2.0-cm) codend, the threshold limits to trigger the minimum mesh size,
and the minimum fish size. They also maintained for 1998 the same ratio
of recreational landings to discards as in 1997. The resulting
recreational harvest limit is 1.553 million lb (0.70 million kg) --a
TAC of 1.6 million lb (0.73 million kg) minus a discard estimate of
0.048 million lb (0.02 million kg). The quota allocated to the periods
is shown in Table 2.
Table 2.--Period Allocations of Commercial Scup Quota
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Quota Allocation
Period Percent TAC \1\ 2Discards \2\ -------------------------------
(LB) (KG) \3\
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Winter I........................ 45.11 2,559,992 497,563 2,062,429 935,502
Summer.......................... 38.95 2,210,413 429,619 1,780,794 807,755
Winter II....................... 15.94 904,595 175,818 728,777 330,568
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Total....................... 100.00 5,675,000 1,103,000 4,572,000 2,073,824
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\1\ Total Allowable Catch, in pounds.
\2\ Discard estimates, in pounds.
\3\ Kilograms are as converted from pounds.
The 1998 commercial quota for the summer period (1,780,794 lb;
807,755 kg) apportioned among the states according to the percentage
shares specified in Sec. 648.120(d)(3) is presented in Table 3.
[[Page 54430]]
Table 3.--Summer Period (May-October) Commercial Scup Quota Shares
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1998 Allocation
State Share -------------------------------
(percent) (LB) (KG) \1\
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Maine........................................................... 0.13042 2,322 1,053
New Hampshire................................................... 0.00004 1 0
Massachusetts................................................... 15.49117 275,866 125,131
Rhode Island.................................................... 60.56588 1,078,554 489,224
Connecticut..................................................... 3.39884 60,526 27,454
New York........................................................ 17.05295 303,678 137,746
New Jersey...................................................... 3.14307 55,972 25,388
Delaware........................................................ 0.00000 0 0
Maryland........................................................ 0.01288 229 104
Virginia........................................................ 0.17787 3,167 1,437
North Carolina.................................................. 0.02688 479 217
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Total....................................................... 100.00000 1,780,794 807,755
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\1\ Kilograms are as converted from pounds and do not add to the converted total due to rounding.
Black Sea Bass
The FMP specifies a target exploitation rate of 48 percent for
1998, equivalent to F = 0.73. This target is to be attained through
specification of a TAL level that is allocated to the commercial (49
percent) and recreational (51 percent) sectors; 1998 is the first year
that a TAL has been specified. The commercial quota is specified on a
coastwide basis by quarter.
Black sea bass was also assessed at SAW-25, which estimated that F
has generally exceeded 1.0 for the period 1984-96. SAW-25 examined 1996
total catch and estimated that a 33-percent reduction in landings from
the 1996 level (9 million lb; 4.08 million kg) would be necessary to
reduce F below 1.0. The staff recommended adopting the TAL associated
with the 33-percent reduction, 6.173 million lb (2.80 million kg), for
1998. The Monitoring Committee recommended that the TAL should be no
higher than the staff recommendation, but that the Council should
consider a lower TAL because it would be more likely to achieve the
target exploitation rate.
The Council and Commission adopted the recommendation for a TAL of
6.173 million lb (2.80 million kg) for 1998. This TAL results in a
commercial quota of 3.025 million lb (1.37 million kg) and a
recreational harvest limit of 3.148 million lb (1.43 million kg). The
following trip limits were recommended for all commercial gear types:
11,000 lb (4,990 kg) in Quarter 1 (Q1), 7,000 lb (3,175 kg) in Q2,
3,000 lb (1,361 kg) in Q3, and 4,000 lb (1,814 kg) in Q4. The Council
and Board also recommended an increase in the minimum fish size to 10
inches (25.4 cm), consistent with measures being implemented by the
Commission and proposed by the South Atlantic Fishery Management
Council. Additionally, the Council proposes to increase the possession
limit threshold that would trigger minimum mesh size requirements from
100 lb (45.4 kg) to 1,000 lb (453.6 kg).
The Council submission demonstrates that these proposed measures
are likely to attain the FMP target. Although the stock size is
uncertain and a 1998 stock size was not projected, exploratory results
indicate that stock size is stable or has increased in recent years. If
that is the case, a 33-percent reduction in landings from the 1996
level should achieve the target exploitation rate. The TAL will control
mortality on fully recruited, older fish. The minimum size and gear
regulations will reduce discard and escape mortality of undersized
black sea bass.
Table 4.--1998 Black Sea Bass Proposed Quarterly Coastwide Quotas and Quarterly Trip Limits
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Trip limits
Quarter Percent (%) Pounds (kg)\1\ -------------------------------
(lbs) (kg)
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1 (Jan-Mar)..................... 38.64 2,385,247 1,081,930 11,000 4,990
2 (Apr-May)..................... 29.26 1,806,220 819,288 7,000 3,175
3 (Jul-Sep)..................... 12.33 761,131 345,243 3,000 1,361
4 (Oct-Dec)..................... 19.77 1,220,402 553,565 4,000 1,814
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\1\ Kilograms are as converted from pounds and do not add to the converted total due to rounding.
NMFS requests public comments on all of the proposed specification
measures. NMFS also requests, in particular, comments concerning the
utility of the proposed black sea bass trip limits. The Council and
Board examined data that demonstrated that the recommended trip limits
impact only 5 percent of the trips in this fishery. NMFS questions
whether the effectiveness of these trip limits justifies the expenses
of enforcement.
Classification
This action is authorized by 50 CFR part 648 and complies with the
National Environmental Policy Act.
These proposed specifications have been determined to be not
significant for purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation of the
Department of Commerce certified to the Chief Counsel for Advocacy of
the Small Business Administration that this proposed rule, if adopted,
would not have a significant economic impact on a substantial number of
small entities. As explained below, this certification is based on an
assessment of this action under NMFS' long-standing Regulatory
Flexibility Act guidelines. However, while not required to do so, given
that understanding the economic impact of this rule is important, NMFS
prepared an IRFA that describes the impact this
[[Page 54431]]
proposed rule, if adopted, would have on small entities.
According to unpublished NMFS weighout data (Maine to Virginia, CT
not included) 715 commercial vessels landed summer flounder, 548 landed
scup, and 665 landed black sea bass in 1996. In Connecticut, in 1996,
65 commercial vessels landed summer flounder, 81 landed scup, and 52
landed black sea bass (Mark Alexander pers. comm.). NMFS permit files
indicate that, as of October 01, 1997, there were 519, 380, and 243
party/charter firms holding current summer flounder, scup, and black
sea bass recreational permits, respectively. Most firms are likely to
hold permits for more than one of these species, and a more accurate
estimate of the total number of commercial vessels impacted is 1,022,
the number of vessels that landed one or more of these species in 1996.
All these vessels readily fall within the definition of small business,
so according to guidelines on regulatory analysis of fishery management
actions, a substantial number of small entities are affected to some
extent by this action. Of these 1,022 vessels, 140 (13%) would be
estimated to have a greater than a 5 percent revenue loss.
NMFS Regulatory Flexibility Act guidelines establish 20 percent of
small entities being impacted in a significant manner by a particular
regulatory action as constituting a substantial number of small
entities. This action does not meet that threshold.
These three fisheries have been under management for several years,
and while existing requirements are modified by this action, there are
no new compliance requirements. Therefore, the action does not result
in an increase in compliance costs of > 10 percent for 20 percent or
more of the participants. Since the most severe cumulative impact
projected for this action is a 30-35 percent reduction in revenue for 7
vessels (<1 percent of participants), the action would not result in 2
percent of the entities ceasing operations.
The IRFA indicates that, while small entities may be impacted by
this action in a significant manner, the proposed regulatory action
will not result in significant economic impacts upon a substantial
number of such entities. However, we recognize that the number of small
entities that would be significantly impacted is a large, though not
substantial, number. This fact led the agency to prepare an IRFA though
none was required.
These measures are proposed in order to attain the rebuilding
objectives specified in the FMP for summer flounder, scup and black sea
bass. The negative economic impacts upon small entities in the
immediate future will be offset by the future increases in harvest and
associated revenues anticipated from eliminating overfishing and
rebuilding a healthy stock.
The Council considered several alternatives to each of these
proposed measures. These alternatives to the proposed rule were
ultimately rejected by the Council since those measures which
significantly miminized economic impact on small entities did not
accomplish the rebuilding objectives of the FMP for each species, and
those that did accomplish those objectives did not minimize impacts on
small entities. The Council adopted the measures proposed here as those
measures which achieved a balance for both. A copy of this analysis is
available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 16, 1997.
David L. Evans,
Deputy 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. 648.14, paragraph (u)(1) is revised to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(u) * * *
(1) Possess 1,000 lb (453.6 kg) or more of black sea bass, unless
the vessel meets the minimum mesh requirement specified in
Sec. 648.144(a).
* * * * *
3. In Sec. 648.143, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 648.143 Minimum sizes.
(a) The minimum size for black sea bass is 10 inches (25.4 cm)
total length for all vessels issued a moratorium permit under
Sec. 648.4(a)(7) which fish for or retain black sea bass in or from
U.S. waters of the western Atlantic Ocean from 35 deg.15.3' N. lat.,
the latitude of Cape Hatteras Light, North Carolina, northward to the
U.S.-Canada border. * * *
* * * * *
4. In Sec. 648.144, paragraph (a)(1)(i) is revised to read as
follows:
Sec. 648.144 Gear restrictions.
(a) * * *
(1) * * * (i) Otter trawlers whose owners are issued a black sea
bass moratorium permit and that land or possess 1,000 lb or more (453.6
kg or more) of black sea bass per trip, must fish with nets that have a
minimum mesh size of 4.0-inches (10.2-cm) diamond or 3.5-inches (8.9-
cm) square (inside measure) mesh applied throughout the codend for at
least 75 continuous meshes forward of the terminus of the net, or, for
codends with less than 75 meshes, the minimum-mesh-size codend must be
a minimum of one-third of the net, measured from the terminus of the
codend to the center of the head rope, excluding any turtle excluder
device extension.
* * * * *
[FR Doc. 97-27821 Filed 10-16-97; 1:12 pm]
BILLING CODE 3510-22-P