[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Proposed Rules]
[Pages 47106-47108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22752]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 960805216-6236-02; I.D. 081696D]
RIN 0648-AH06


Fisheries of the Northeastern United States; Amendment 9 to the 
Fishery Management Plan for the Summer Flounder, Scup, and Black Sea 
Bass Fisheries; Resubmission of Disapproved Measure

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to obtain public comments 
concerning a provision of Amendment 9 to the Fishery Management Plan 
(FMP) for the Summer Flounder, Scup, and Black Sea Bass Fisheries that 
was initially disapproved, but that has been revised and resubmitted by 
the Mid-Atlantic Fishery Management Council (Council). This measure 
would establish a quarterly coastwide commercial quota setting 
mechanism with trip limits for the coastal states from Maine through 
North Carolina. The intent of Amendment 9 is to reduce fishing 
mortality and to allow the stock to rebuild.

DATES: Public comments must be received on or before September 26, 
1996.

ADDRESSES: Send comments on this proposed rule to Dr. Andrew A. 
Rosenberg, Regional Administrator, Northeast Regional Office, NMFS, One 
Blackburn Drive, Gloucester, MA 01930. Mark the outside of the 
envelope, ``Comments on the Resubmitted Black Sea Bass Measure.''
    Copies of the resubmitted portion of Amendment 9 and other 
supporting documents are available upon request from David R. Keifer, 
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, 
Federal Building, 300 South New Street, Dover, DE 19901.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION:

Background

    The Council submitted Amendment 9 for Secretarial review on June 
20, 1996. On July 19, 1996, NMFS, on behalf of the Secretary of 
Commerce, after a preliminary evaluation of Amendment 9, as authorized 
under section 304(a)(1)(A) of the Magnuson Fishery Management and 
Conservation Act (Magnuson Act), disapproved the provision that would 
have implemented a state-by-state quota for black sea bass in 1998. A 
proposed rule to implement the remainder of Amendment 9 was published 
on August 21, 1996 (61 FR 43217).
    The Council revised the quota provision to address NMFS' concerns, 
which are summarized in the preamble to the proposed rule, and, under 
section 304(b)(3)(A) of the Magnuson Act, submitted for Secretarial 
review a proposed measure that would implement a quarterly coastwide 
quota with trip limits that would be allocated to the commercial black 
sea bass fishery from Maine through North Carolina.

Proposed Measures

    The resubmitted measure would implement in 1998 a quarterly 
coastwide quota with trip limits that would be allocated to the 
commercial black sea bass fishery from Maine through North Carolina. 
The allocation and the associated percentages for the total quota would 
be: January-March (38.64 percent), April-June (29.26 percent), July-
September (12.33 percent), and October-December (19.77 percent). Under 
the proposed measure, any black sea bass landed by a vessel possessing 
a black sea bass moratorium permit would count towards the quota, 
regardless of where the fish were harvested. Any black sea bass landed 
for sale by a vessel without a moratorium permit and fishing 
exclusively in state waters north of Cape Hatteras would be counted 
towards the quota by the state in which it is landed pursuant to the 
Fishery Management Plan for the Black Sea Bass Fishery adopted by the 
Atlantic States Marine Fisheries Commission. The Regional Director 
would close the exclusive economic zone (EEZ) to possession of black 
sea bass by commercial vessels with a

[[Page 47107]]

moratorium permit when any quarterly quota has been landed. States 
would have the responsibility for closure in their state to further 
landings.
    A series of prohibitions and management measures have been proposed 
to address NMFS' original concerns with regard to monitoring and 
enforcement in the State of North Carolina. For example, because all 
landings of black sea bass by vessels with moratorium permits would 
count against the quota, landings of black sea bass in states south of 
North Carolina by these vessels would diminish the accuracy of the 
quota monitoring. The states of Maine through North Carolina have an 
investment in the administration of the quota system. In the event of a 
closure in the EEZ north of Cape Hatteras, vessels with moratorium 
permits could not possess black sea bass either north or south of Cape 
Hatteras in order to maintain the integrity of that closure, as it 
would be impossible to determine the harvest location of the black sea 
bass on board. As a consequence, owners of vessels that have both a 
moratorium permit and a snapper-grouper permit would be prevented from 
using their snapper-grouper permit to land black sea bass south of Cape 
Hatteras, unless they relinquish their moratorium permit. Therefore, to 
allow vessel owners with moratorium permits greater flexibility to fish 
for and land black sea bass south of Cape Hatteras, vessel owners could 
voluntarily relinquish their moratorium permit during a closure and 
fish the southern stock of black sea bass under their valid snapper-
grouper permit. After a 6-month delay for administrative and 
enforcement purposes, they could reapply for a moratorium permit and 
again be subject to the provisions of that permit. It is anticipated 
that with these specific restrictions in place, implementation, 
monitoring, and enforcement of the quota would be possible.

Classification

    Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires 
NMFS to publish regulations proposed by a Council within 15 days of 
receipt of the amendment and proposed regulations. At this time, NMFS 
has not determined whether the measures that this rule would implement 
are consistent with the national standards, other provisions of the 
Magnuson Act, and other applicable law. NMFS, in making that 
determination, will take into account the information, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
the purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation, 
Department of Commerce, certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this

proposed rule issued under authority of section 304(a) of the 
Magnuson Fishery Conservation and Management Act will not have a 
significant economic impact on a substantial number of small 
entities during the 1997 fishing year. The proposed rule would 
implement a coastwide commercial quota setting mechanism with trip 
limits allocated to quarterly periods (quota) for the black sea bass 
fishery in coastal states from Maine through North Carolina.
    Because the quota would not be initiated until 1998, there will 
be no immediate effects on small entities from this rulemaking. 
During the 1997 fishing year, the Black Sea Bass Monitoring 
Committee (Monitoring Committee) will recommend a coastwide 
commercial quota and trip limits for 1998. The Monitoring Committee 
will review commercial and recreational catch data; current 
estimates of fishing mortality; stock status; recent estimates of 
recruitment; virtual population analysis results; levels of 
noncompliance by fishermen or individual states; impact of size/mesh 
regulations; and other information, and recommend to the Mid-
Atlantic Fishery Management Council (Council) the allowable levels 
of fishing and other restrictions necessary to achieve the specified 
target exploitation rates. Based on the Council's consideration of 
these factors and resulting recommendation, NMFS will issue the 
proposed specifications for the 1998 quota. If it is determined that 
the proposed specifications will not have a significant economic 
impact on a substantial number of small entities, it will be so 
certified. If not, an initial regulatory flexibility analysis will 
be prepared at that time.

    The Council has determined that the revised measure has no impact 
on the previous determination that Amendment 9 is consistent to the 
maximum extent practicable with the approved coastal zone management 
programs of the Atlantic states. The Amendment 9 submission from the 
Council analyzed the impacts of a bimonthly coastwide quota and the 
change to a quarterly system is insignificant for the reasons outlined 
above. Therefore, the proposed modified measure falls within the scope 
of the Coastal Zone Management Act consistency review conducted for 
Amendment 9.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 30, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, the proposed rule 
published at 61 FR 43217, August 21, 1996, proposing to amend 50 CFR 
part 648 is further 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. 648.4 paragraphs (a)(7)(i)(C), (a)(7)(i)(D), 
(a)(7)(i)(E), and (a)(7)(i)(F) are redesignated as (a)(7)(i)(D), 
(a)(7)(i)(E), (a)(7)(i)(F), and (a)(7)(i)(G), respectively, and 
paragraph (a)(7)(i)(C) is added to read as follows:


Sec. 648.4  Vessel permits.

* * * * *
    (a)(7) * * *
    (i) * * *
    (C) Voluntary relinquishment of permit. A moratorium permit for the 
black sea bass fishery that is voluntarily relinquished or surrendered 
to the Regional Director will be reissued at the vessel owner's request 
after a minimum period of 6 months from the date of cancellation.
* * * * *
    3. In Sec. 648.14 paragraph (t)(3) is revised, and paragraphs 
(t)(9) through (t)(11) are added, inclusively, to read as follows:


Sec. 648.14  Prohibitions.

    (t) * * *
    (3) Land black sea bass for sale in any state, or part thereof, 
north or south of 35 deg.15.3' N. lat. after the effective date of the 
notification published in the Federal Register stating that the 
commercial coastwide quota has been harvested and the EEZ is closed to 
the harvest of black sea bass.
* * * * *
    (9) Possess, retain or land black sea bass harvested in or from the 
EEZ in excess of the commercial trip limit established pursuant to 
Sec. 648.140.
    (10) Land black sea bass for sale in any state south of North 
Carolina.
    (11) Possess black sea bass harvested in or from the EEZ north or 
south of 35 deg.15.3' N. lat. after the effective date of the 
notification published in the Federal Register stating that the 
commercial coastwide quota has been harvested and the EEZ is closed to 
the harvest of black sea bass.
* * * * *

[[Page 47108]]

    4. In Sec. 648.140 paragraphs (b)(1) through (b)(7) are 
redesignated as (b)(3) through (b)(9), respectively, paragraphs (b)(1) 
and (b)(2) are added, paragraph (c) is revised, and paragraph (d) is 
added to read as follows:


Sec. 648.140  Catch quotas and other restrictions.

    (a) * * *
    (b) * * *
    (1) A commercial quota allocated to quarterly periods set from a 
range of (0) to the maximum allowed to achieve the specified target 
exploitation rate specified in paragraph (a) of this section. 
Implementation of this measure will begin in 1998.
    (2) A commercial trip limit set from a range of (0) to the maximum 
allowed to assure that the quarterly quota is not exceeded.
* * * * *
    (c) Annual fishing measures. The Demersal Species Committee shall 
review the recommendations of the Black Sea Bass Monitoring Committee. 
Based on these recommendations and any public comment, the Demersal 
Species Committee shall make its recommendations to the Council with 
respect to the measures necessary to assure that the target 
exploitation rate specified in paragraph (a) of this section are not 
exceeded. The Council shall review these recommendations and, based on 
the recommendations and public comment, make recommendations to the 
Regional Director with respect to the measures necessary to assure that 
the target exploitation rate specified in paragraph (a) of this section 
is not exceeded. Included in the recommendation will be supporting 
documents, as appropriate, concerning the environmental and economic 
impacts of the proposed action. The Regional Director will review these 
recommendations and any recommendations of the Commission. After such 
review, the Regional Director will publish a proposed rule in the 
Federal Register by October 15 to implement a quarterly coastwide 
commercial quota, a recreational harvest limit, and additional 
management measures for the commercial fishery. A proposed rule will be 
published in the Federal Register by February 15 to implement 
additional management measures for the recreational fishery, if the 
Regional Director determines that such measures are necessary to assure 
that the target exploitation rate specified in paragraph (a) of this 
section is not exceeded. After considering public comment, the Regional 
Director will publish a final rule in the Federal Register to implement 
the measures necessary to assure that the target exploitation rate 
specified in paragraph (a) of this section is not exceeded.
    (d) Distribution of annual quota. (1) Beginning January 1, 1998, a 
coastwide commercial quota will be allocated by quarterly periods based 
upon the following percentages:

                    Quarterly Commercial Quota Shares                   
------------------------------------------------------------------------
                                                                Share   
                          Quarter                             (percent) 
------------------------------------------------------------------------
January-March..............................................        38.64
April-June.................................................        29.26
July-September.............................................        12.33
October-December...........................................        19.77
------------------------------------------------------------------------

    (2) All black sea bass landed for sale in the states from North 
Carolina through Maine by a vessel with a moratorium permit issued 
under Sec. 648.4(a)(7) of this part shall be applied against that 
quarter's coastwide commercial quota, regardless of where the black sea 
bass were harvested. All black sea bass landed for sale in the states 
from North Carolina through Maine by any vessel without a moratorium 
permit and fishing exclusively in state waters north of 35 deg.15.3' N. 
lat. will be counted against the quota by the state in which it is 
landed pursuant to the Fishery Management Plan for the Black Sea Bass 
Fishery adopted by the Atlantic States Marine Fisheries Commission. The 
Regional Director will determine the date on which the quarterly quota 
will be harvested and the EEZ north of 35 deg.15.3' N. lat. closed. The 
Regional Director will publish a notice in the Federal Register 
advising that, upon that date, no vessel may possess black sea bass in 
this area during a closure, nor may vessels issued a moratorium permit 
land black sea bass during the closure. Any overages of the commercial 
coastwide quota landed will be deducted from that quarter's coastwide 
quota for the following year.

[FR Doc. 96-22752 Filed 9-5-96; 8:45 am]
BILLING CODE 3510-22-W