[Federal Register Volume 62, Number 136 (Wednesday, July 16, 1997)]
[Rules and Regulations]
[Pages 38038-38039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18724]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 960520141-7159-06; I.D. 021897B]
RIN 0648-AH05


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to retain, for 1997, the 1996 
recreational management measures for the scup fishery implemented under 
the regulations implementing the Fishery Management Plan for the Summer 
Flounder, Scup, and Black Sea Bass Fisheries (FMP). This rule does not 
change the measures implemented under Amendment 8 to the FMP, that is, 
a 7-inch (17.78-cm) minimum fish size, no possession limit, and no 
closed season for the recreational scup fishery. The intent of this 
document is to comply with implementing regulations for the scup 
fishery that require NMFS to publish measures for the upcoming fishing 
year that will prevent overfishing of the resource.

DATES: Effective on August 14, 1997.

ADDRESSES: Copies of the Environmental Impact Statement for Amendment 8 
and supporting documents used by the Monitoring Committee are available 
from: Executive Director, Mid-Atlantic Fishery Management Council, Room 
2115, Federal Building, 300 S. New Street, Dover, DE 19901-6790.

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

SUPPLEMENTARY INFORMATION: The FMP was developed jointly by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States 
Marine Fisheries Commission (Commission) in consultation with the New 
England and South Atlantic Fishery Management Councils. Implementing 
regulations for the fishery are found at 50 CFR part 648.
    Section 648.120 outlines the process for determining annual 
commercial and recreational catch quotas and other restrictions for the 
scup fishery. Pursuant to Section 648.120, the Administrator, Northeast 
Region, NMFS, implements measures for the fishing year to ensure 
achievement of the annual exploitation rate specified in the FMP.
    This document announces a minimum fish size of 7 inches (17.78 cm) 
for the 1997 recreational scup fishery, which is unchanged from the 
measure contained in the proposed rule published in the Federal 
Register on April 15, 1997 (62 FR 18309). In addition, for the 1997 
recreational scup fishery, there is no possession limit and no closed 
season consistent with the measures implemented under Amendment 8.

Comments and Responses

    One comment letter was received from a Massachusetts charter/party 
boat operator during the public comment period, which ended May 15, 
1997.
     Comment: The commenter believes that a 9-inch (22.86 cm) minimum 
size should be established because it has worked in Massachusetts and 
would provide a sustainable fishery.
     Response: The 7-inch (17.78-cm) minimum fish size is sufficient to 
constrain the recreational fishery to the harvest limit. In 1995, with 
no restrictions in the EEZ, recreational

[[Page 38039]]

landings were 1.3 million lbs (0.6 million kg), 32 percent fewer than 
the 1997 harvest limit of 1.947 million lbs (0.88 million kg). In 1996, 
with a 7-inch (17.78-cm) minimum size, recreational landings were 2.3 
million lbs (1.04 million kg) or 16 percent greater than the limit. 
Given the variability, NMFS believes it is reasonable to maintain the 
7-inch (17.78-cm) minimum size for 1997. Additional discussion of the 
7-inch (17.78-cm) minimum size limitation may be found in the proposed 
rule (72 FR 18309, April 15, 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 rule, if adopted as 
proposed, would not have a significant economic impact on a substantial 
number of small entities. The reasons were given in the preamble to the 
proposed rule and are not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not prepared.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 10, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-18724 Filed 7-15-97; 8:45 am]
BILLING CODE 3510-22-F