[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)]
[Proposed Rules]
[Pages 64854-64855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31157]


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DEPARTMENT OF COMMERCE
50 CFR Part 648

[Docket No. 961129337-6337-01; I.D. 112096A]
RIN 0648-XX75


Fisheries of the Northeastern United States; Summer Flounder, 
Scup and Black Sea Bass Fisheries; 1997 Scup Specifications

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

ACTION: Proposed specifications for the 1997 scup fishery; request for 
comments.

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SUMMARY: NMFS proposes specifications for the 1997 scup fishery that 
include commercial catch quotas and other restrictions. The 
implementing regulations for the fishery require NMFS to publish 
proposed specifications for the upcoming fishing year and provide an 
opportunity for the public to comment. The intent of these measures is 
to prevent overfishing of the scup resource.

DATES: Public comments must be received on or before January 6, 1997.

ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's 
analysis and recommendations 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: Dr. Andrew A. 
Rosenberg, Regional Administrator, Northeast Region, NMFS, 1 Blackburn 
Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope, 
``Comments--1997 Scup Specifications.''

FOR FURTHER INFORMATION CONTACT: Lucille L. Helvenston, Fishery 
Management Specialist, 508-281-9347.

SUPPLEMENTARY INFORMATION: Comprehensive measures enacted by Amendment 
8 to the Summer Flounder and Scup Fishery Management Plan (FMP) were 
designed to rebuild the severely depleted scup stock. Amendment 8 
established a Monitoring Committee that meets annually to review the 
best available scientific data and make recommendations regarding the 
catch quota and other management measures in the FMP. The Committee's 
recommendations are made to achieve the target exploitation rates 
established in the Amendment to reduce overfishing. The Committee bases 
its recommendations on: (1) Commercial and recreational catch data; (2) 
current estimates of fishing mortality; (3) stock status; (4) recent 
estimates of recruitment; (5) virtual population analysis (VPA); (6) 
levels of regulatory noncompliance by fishermen or individual states; 
(7) impact of fish size and net mesh regulations; (8) impact of gear 
other than otter trawls on the mortality of scup; and (9) other 
relevant information.
    Based on the recommendations of the Monitoring Committee, the Mid-
Atlantic Council's Demersal Species Committee makes a recommendation to 
the Council, which in turn makes a recommendation to the Regional 
Administrator. The Council recommended a commercial quota, recreational 
harvest limit, and changes in the minimum mesh regulations for 1997.
    The proposed action would set the coastwide commercial quota at 6.0 
million lb (2.7 million kg). The recreational harvest limit would be 
1.947 million lb (0.88 million kg). These values are derived by the 
following process: (1) The TAC (9.11 million lb) (4.1 million kg) was 
divided into two allocations of 78 percent for the commercial quota and 
22 percent for the recreational harvest limit, and (2) discard 
estimates for each sector were deducted from each allocation to 
establish commercial quota and recreational harvest limits. The 
commercial quota of 6.0 million lb (2.7 million kg) is derived by 
subtracting an estimated 1997 discard of 1.103 million lb (0.5 million 
kg) from the 7.103 million lb (3.2 million kg) allocated to the 
commercial sector. The recreational harvest limit of 1.947 million lb 
(0.88 million kg) was derived by subtracting the estimated 1997 discard 
of 0.060 million lb (0.03 million kg) from the 2.007 million lb (0.9 
million kg) allocated to the recreational sector. Based on stochastic 
projections, this proposed catch level has a 50 percent probability of 
achieving the target exploitation rate (47 percent) in 1997. Current 
exploitation rates on this stock are approximately 67 percent.
    Amendment 8 contains provisions that allow for annual changes in 
the minimum fish size and minimum otter trawl mesh requirement. Current 
regulations require a 9-inch (22.9-cm) total length (TL) minimum fish 
size in the commercial fishery and a 4-inch (10.2-cm) minimum mesh in 
the codend of the net for vessels possessing in excess of a 4,000-lb 
(1,814-kg) threshold level of scup. The proposed action does not change 
the minimum fish size, but would increase the minimum mesh size to 4.5 
inches (11.43 cm). The proposed action would also implement seasonal 
minimum mesh threshold levels of 4,000 lb (1,814 kg) in the winter 
months (November-April) and 1,000 lb (453 kg) in the summer months 
(May-October).
    The coastwide quota would be implemented January 1, 1997. However, 
the Council has proposed a regulatory change in a separate action that 
would divide the quota into three seasons with landing limits: Winter 1 
(January-April), Summer (May-October) and Winter 2 (November-December). 
The summer quota would be allocated on a

[[Page 64855]]

state-by-state basis. If this proposal is approved, it would be 
implemented about mid-1997.

Classification

    This action is authorized by 50 CFR Part 648, and has been 
determined to be not significant for 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 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act will not have a significant economic impact on a 
substantial number of small entities as follows:

    The proposed rule would implement an allocation of 6 million 
pounds for the annual commercial quota, and 1.947 million pounds for 
the recreational harvest limit, increase the minimum mesh size from 
4.0 inches to 4.5 inches, and change the catch threshold that 
triggers the mesh requirement to 4,000 pounds in November through 
April, and 1,000 pounds from May through October.
    This action includes a measure that would divide the 1997 Total 
Allowable Catch (TAC) of 9.11 million pounds into allocations for 
the commercial and the recreational sectors of the fishery. After 
subtracting an estimate of discards for each sector from the 
respective allocations, the proposed commercial quota is 6 million 
pounds and the proposed recreational harvest limit is 1.947 million 
pounds. The effect of this quota on participants is expected to be 
minimal, as it will not differ significantly from the amount of 
commercial catch from 1995. In 1995, the last year for which data 
are available, commercial landings equaled 5.9 million pounds, with 
an ex-vessel value of $0.85/pound. The 1995 catch levels represent a 
decrease relative to landings in 1994, but an increase in ex-vessel 
revenue (versus $0.66/pound in 1994). The Mid-Atlantic Fishery 
Management Council (Council) concluded that, based on historical 
data, ex-vessel revenues often increase when scup are less 
available.
    Other measures include increasing the mesh size from 4.0 inches 
to 4.5 inches and establishing a variable threshold catch level that 
triggers the minimum mesh requirement (4,000 pounds from November 
through April and 1,000 pounds from May through October). Comments 
received at Council meetings indicated that 4.5-inch mesh is 
currently being used to catch 9-inch fish by many members of the 
industry. Therefore, most industry members will not be required to 
invest in additional gear if they intend to direct on the scup 
fishery. In addition, the retail price for a 4.5-inch mesh codend is 
estimated to account for between 0.5 percent and 1.69 percent of 
total estimated costs for an otter trawl vessel.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 29, 1996.
Gary C. Matlock,
Acting 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. 648.123, paragraph (a)(1) is revised to read as follows:


Sec. 648.123  Gear restrictions.

    (a) Trawl vessel gear restrictions--(1) Minimum mesh size. The 
owners or operators of otter trawlers issued a scup moratorium permit, 
and that possess 4,000 lb or more (1,814 kg or more) of scup from 
November 1 through April 30 or 1,000 lb or more (454 kg or more) of 
scup from May 1 through October 31, must fish with nets that have a 
minimum mesh size of 4.5 inches (11.4 cm) diamond 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 head rope, excluding 
any turtle excluder device extension. Scup on board these vessels shall 
be stored separately and kept readily available for inspection.
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[FR Doc. 96-31157 Filed 12-6-96; 8:45 am]
BILLING CODE 3510-22-P