[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