[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Proposed Rules]
[Pages 56135-56139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28208]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 981014259-8259-01; I.D. 101498B]
RIN 0648-AL74


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 1999 summer flounder, scup, and 
black sea bass fisheries; request for comments.

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SUMMARY: NMFS proposes specifications for the 1999 summer flounder, 
scup, and black sea bass fisheries. The implementing regulations for 
the Fishery Management Plan for the Summer Flounder, Scup, and Black 
Sea Bass Fisheries (FMP) require NMFS to publish specifications for the 
upcoming fishing year for each fishery and to provide an opportunity 
for public comment. The intent of these measures is to address 
overfishing of the summer flounder, scup, and black sea bass resources.

DATES: Public comments must be received on or before November 16, 1998.

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 (RIR)/Initial Regulatory 
Flexibility Analysis (IRFA) are available from: Jon C. Rittgers, Acting 
Regional Administrator, National Marine Fisheries Service, One 
Blackburn Drive, Gloucester, MA 01930-2298.
    Comments on the proposed specifications should be sent to: Jon C. 
Rittgers, Acting Regional Administrator, Northeast Region, NMFS, One 
Blackburn Drive, Gloucester, MA 01930-2298. Mark on the outside of the 
envelope, ``Comments--1999 Summer Flounder, Scup, and Black Sea Bass 
Specifications.''

FOR FURTHER INFORMATION CONTACT: Mary M. Grim, Fishery Management 
Specialist, (978) 281-9326.

SUPPLEMENTARY INFORMATION:

Background

    The regulations implementing the FMP outline the process for 
specifying annually the catch limits for the commercial and 
recreational fisheries, as well as other management measures (e.g., 
mesh requirements, minimum fish sizes) for these fisheries. These 
measures are intended to achieve the annual targets (either a fishing 
mortality rate or an exploitation rate) set forth for each species in 
the FMP.
    A Monitoring Committee for each species, made up of members from 
NMFS, the Atlantic States Marine Fisheries Commission (Commission), and 
both the Mid-Atlantic and New England Fishery Management Councils, is 
required to review available information and recommend catch limits and 
other management measures necessary to achieve the target fishing 
mortality rate (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 Mid-Atlantic Fishery 
Management Council (Council) and Board made their annual 
recommendations at a joint meeting held August 17-20, 1998.

Summer Flounder

    The target F specified in the FMP for 1999 is 0.24, the level of 
fishing that produces maximum yield per recruit, Fmax. The total 
allowable landings (TAL) associated with the target F is allocated 60 
percent to the commercial and 40 percent to the recreational sectors. 
NMFS did not conduct a stock assessment for summer flounder in 1998. As 
a result, the Council and Board considered 1999 projection results 
based on assessments from the 25th Stock Assessment Workshop (SAW 25), 
1997 survey indices, and 1997 catch data.

[[Page 56136]]

    The Summer Flounder Monitoring Committee reviewed the stock status 
projections based on these data and made recommendations to achieve the 
target F. The Monitoring Committee recommended a TAL limit of 14.645 
million lb (6.642 million kg) which would be divided 8.787 million lb 
(3.985 million kg) to the commercial sector and 5.858 million lb (2.657 
million kg) to the recreational sector.
    The Council and Board reviewed this recommendation and did not 
adopt it. Instead the Council and Board recommended a TAL level of 
20.20 million lb (9.16 million kg) which would be divided 12.12 million 
lb (5.50 million kg) to the commercial sector and 8.08 million lb (3.66 
million kg) to the recreational sector. The Council and Board also 
recommended that 15 percent of the 1998 commercial allocation, 1.67 
million lb (0.76 million kg) plus the additional poundage in excess of 
the 1998 TAL level of 1.01 million lb (0.46 million kg), be allocated 
as a bycatch fishery where summer flounder on board could not exceed 10 
percent by weight of other species on board for any trip under the 
bycatch allocation. With this additional provision, 2.68 million lb 
(1.22 million kg) or 22 percent of the commercial TAL would be 
allocated to bycatch fisheries, with the remaining poundage, 9.44 
million lb (4.28 million kg), allocated for directed fishing.
    The Council and Board recommended these specifications for several 
reasons. They were concerned over the lack of a peer-reviewed stock 
assessment in 1998 and their belief that the 1999 stock size estimate 
in the current projection is underestimated. SAW-25 indicated a 
retrospective pattern in which the 1995 estimate of stock size was 
underestimated and the fishing mortality overestimated. The Council and 
Board concluded that this pattern will continue.
    Additionally, the Council and Board were uncertain about the 
estimate of recruitment in 1997. While preliminary analysis indicates 
that recruitment was below average in 1997, the Council and Board note 
that previous assessment results have also indicated low recruitment 
levels that increased with additional analysis in later years.
    Also, a recently adopted mesh provision requiring 5.5 inch (13.97 
cm) mesh throughout the body, codend, and extensions of net became 
effective in June 1998, and its benefits have not yet been analyzed. 
The Council and Board feel that this provision will substantially 
reduce discard and discard mortality.
    NMFS has reviewed the Council's and Board's recommendation and 
finds that it is unacceptably risk-prone for the summer flounder stock 
for a number of reasons. The recommended TAL has an unacceptably low 
probability of 3 percent of achieving the target F of 0.24 in 1999. 
Further, the recommended TAL has a 50-percent probability of achieving 
an F of 0.36, an F significantly higher than the target specified in 
the FMP. These probabilities are based on the TAL level alone, but even 
with the recommended measures to address commercial bycatch, NMFS does 
not believe achievement of the target is likely. With respect to the 
Council's and Board's concern regarding recruitment uncertainty, 
further analysis show that estimates of recruitment decrease from good 
to average to poor based on additional data from later years.
    Further, while the retrospective pattern in 1995 indicated that the 
F in the terminal year of the Virtual Population Analysis (VPA) had 
been overestimated and biomass underestimated, that pattern does not 
comport with a historical review of the previous assessments. 
Projections in prior years have underestimated F and overestimated 
stock sizes. The unpredictable variablility of the retrospective 
pattern merits caution in predicting future patterns.
    Finally, the Council and Board have yet to specify a harvest level 
that has achieved the annual target F, variablity in the VPA 
retrospective analysis notwithstanding. Given all of these concerns, 
NMFS is proposing specifications for the 1999 summer flounder fishery 
different from those recommended by the Council and Board.
    NMFS proposes a TAL for 1999 of 18.518 million lb to be divided 
11.11 million lb (5.039 million kg) to the commercial sector and 7.41 
million lb (3.361 million kg) to the recreational sectors. While this 
TAL is the same level specified in 1998, NMFS proposes two measures to 
address discards in this fishery that should further reduce the overall 
mortality. First, NMFS proposes to set the directed commercial fishery 
TAL equal to the commercial share (60 percent) of the Monitoring 
Committee's TAL recommendation (8.79 million lb; 3.99 million kg), with 
a 15-percent set aside for bycatch (1.32 million lb; 0.60 million kg). 
Second, NMFS proposes to use the commercial poundage associated with 
the difference between this TAL and 18.518 million lb (8,400 mt) as a 
bycatch allocation (2.32 million lb; 1.05 million kg). These provisions 
would bring the total bycatch allocation to 32.7 percent of the total 
commercial TAL, versus 22 percent under the Council's and Board's 
recommendation. The allocation to the directed fishery would be 7.47 
million lb (3.39 million kg), compared to 9.44 million lb (4.28 million 
kg) under the Council's and Board's recommendation. In accordance with 
Commission compliance criteria already adopted, state bycatch measures 
would specify: (1) That the states allocate bycatch reserves and (2) 
that summer flounder may be caught only if the summer flounder on board 
does not exceed 10 percent by weight of all other species on board for 
any trip under the bycatch allocation. This recommendation is similar 
to the Council's and Board's recommendation, only using NMFS's proposed 
lower harvest levels. NMFS proposes to set the recreational harvest 
limit equal to the 1998 harvest limit of 7.41 million lb (3.361 million 
kg).
    The commercial quotas by state for 1999 are presented in Table 1.

                                                         Table 1.--1999 State Commercial Quotas
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                                                                                    Directed                   Bycatch                    Total
                            State                                Percent   -----------------------------------------------------------------------------
                                                                  share          Lb         KG \1\         Lb         KG \1\         Lb         KG \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
ME..........................................................       0.04756        3,552        1,611        1,732          786        5,285        2,397
NH..........................................................       0.00046           34           15           17            8           51           23
MA..........................................................       6.82046      509,427      231,072      248,414      112,678      757,842      343,751
RI..........................................................      15.68298    1,171,379      531,329      571,204      259,094    1,741,583      789,968
CT..........................................................       2.25708      168,584       76,468       82,207       37,288      250,791      113,757
NY..........................................................       7.64699      571,162      259,075      278,518      126,334      849,680      385,408
NJ..........................................................      16.72499    1,249,207      566,630      608,156      275,855    1,858,363      842,939
DE..........................................................       0.01779        1,329          603          648          294        1,977          897
MD..........................................................       2.03910      152,303       69,083       74,268       33,687      226,570      102,770

[[Page 56137]]

VA..........................................................      21.31676    1,592,172      722,197      775,397      351,714    2,368,569    1,074,365
NC..........................................................      27.44584    2,049,959      929,846      998,630      425,970    3,049,589    1,383,270
                                                             -------------------------------------------------------------------------------------------
      Total.................................................     100.00000    7,468,107    3,387,476    3,642,191    1,652,070   11,111,191   5,039,951
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\1\ Kilograms are as converted from pounds and do not add to the converted total due to rounding.

Scup

    The FMP established a target exploitation rate for scup in 1999 of 
47 percent, the rate associated with an F of 0.72. The total allowable 
catch (TAC) associated with that rate is allocated 78 percent to the 
commercial sector and 22 percent to the recreational sector. Discard 
estimates are deducted from both TACs to establish TALs for both 
sectors.
    The most recent assessment on scup, completed in June 1998 as part 
of the 27th Stock Assessment Workshop (SAW 27), indicates that scup are 
over-exploited and at a low biomass level. SAW 27 concluded that 
``current indices of spawning stock biomass are at record lows and less 
than one-tenth of the maximum Northeast Fisheries Science Center 
(NEFSC) indices of spawning stock biomass (SSB) observed during 1977-
1979.''
    SAW 27 did not recommend a TAC for 1999; however, it did recommend 
``that the 1999 TAC be less than that in 1998 to at least remain on the 
current fishing mortality reduction schedule.'' To estimate the level 
of landings that would comply with this advice, the Council staff 
developed a relative exploitation index based on landings and on the 
NEFSC Spring Survey (SSB 3-year average) to assess current levels of 
mortality. SAW 19 (1995), the last stock assessment that estimated F, 
indicated a value in 1993 of 1.32 (an exploitation rate of 68 percent). 
Based on this level of mortality and the relative exploitation index, F 
in 1997 was estimated as 1.8 (an exploitation rate of 78 percent). 
Therefore, the Council staff estimated that a 40-percent reduction from 
1997 exploitation levels was necessary for the 1999 fishery. The 
Council and Board recommended that the TAC for 1999 be 5.92 million lb 
(2.69 million kg), 81 percent of the 1998 TAC of 7.275 million lb (3.30 
million kg). Based on a TAC of 5.92 million lb (2.69 million kg), for 
1999, 4.61 million lb (2.09 million kg) would be allocated to the 
commercial fishery and 1.30 million lb (0.59 million kg) to the 
recreational fishery. The 1998 discards are estimated to be 4.0 million 
lb (1.82 million kg), or four times the estimate made by the Council in 
1997. Based on this, the Monitoring Committee recommended that measures 
be implemented to assure that discards do not exceed the 2.085 million 
lb (0.95 million kg) estimated in the 1999 recommendation. Further, the 
Monitoring Committee recommended a reduction in the catch threshold 
that triggers the minimum mesh requirement, and, if that was not 
adopted, it recommended using a 4 million lb (1.82 million kg) discard 
estimate to set the TAL.
    The 1997 level of discards occurred with seasonal mesh threshold 
triggers of 4,000 and 1,000 lb (1841.4 and 453.6 kg). Specifically, 
fishermen were required to use 4.5-inch (11.43-cm) mesh in the codend 
when 4,000 lb (1,841.4 kg) and 1,000 lb (453.6 kg) or more of scup were 
on board during winter (November-March) or summer (April-October), 
respectively. The Monitoring Committee recommended, and the Council and 
Board adopted, a 200-lb (90.7-kg) and 100-lb (45.4-kg) seasonal 
(winter/summer) threshold for mesh that would allow for TAL to be set 
using discards of 2.085 million lb (0.95 million kg). Recreational 
discards are estimated to be 0.065 million lb (0.029 million kg). 
Discard estimates for the commercial and recreational sectors are 
subtracted from the commercial and recreational TAC to derive the 
commercial quota and the recreational harvest limit. Given these levels 
of discards, for 1999, the commercial quota would be 2.534 million lb 
(1.149 million kg) and the recreational harvest limit would be 1.238 
million lb (0.562 million kg). To achieve the commercial quotas, the 
Council and Board adopted trip limits of 12,000 lb (5,443 kg), with a 
drop to 1,000 lb (453.6 kg) for Winter I (January-March) and 4,000 lb 
(1814.4 kg) for Winter II (November-December) when 85 percent of the 
quotas for those periods are harvested.
    The Council and Board believe that the minimum mesh threshold would 
allow the landing of bycatch of legal sized scup harvested in small 
mesh fisheries while at the same time discouraging the use of small 
mesh by directed scup fishermen. As such, this threshold would reduce 
the amount of discards of legal sized fish harvested in the commercial 
fisheries for other species. Some bycatch allowance is necessary in 
order that fish that might otherwise be discarded dead would instead be 
landed and apply to the commercial quota, increasing the probability 
that the target exploitation rate will be met.
    The quota and periodic allocations are shown in Table 2.

                             Table 2.--Percent Allocations of Commercial Scup Quota
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                                                                                            Quota allocation
                     Period                        Percent      TAC \1\      Discards  -------------------------
                                                                               \2\           Lb         KG \3\
----------------------------------------------------------------------------------------------------------------
Winter I.......................................        45.11    2,083,630      940,543    1,143,087      518,496
Summer.........................................        38.95    1,799,100      812,108      986,993      447,692
Winter II......................................        15.94      736,569      332,349      403,920      183,215
                                                ----------------------------------------------------------------
      Total....................................       100.00    4,619,000    2,085,000    2,534,000   1,149,403
----------------------------------------------------------------------------------------------------------------
\1\ Total allowable catch, in pounds.
\2\ Discard estimates, in pounds.
\3\ Kilograms are as converted from pounds.


[[Page 56138]]

Black Sea Bass

    The FMP specifies a target exploitation rate of 48 percent for 
1999, equivalent to an F of 0.73. This target is to be attained through 
specification of a TAL level that is allocated 49 percent to the 
commercial fishery and 51 percent to the recreational fishery. The 
commercial quota is specified on a coastwide basis by quarter. The most 
recent assessment on black sea bass, completed in June 1998 (SAW-27), 
indicates that black sea bass are over-exploited and at a low biomass 
level. The SAW concluded that the input data for black sea bass were 
inadequate to develop an analytical assessment. Fishing mortality for 
1997, based on length based methods, was 0.73. The Stock Assessment 
Review Committee recommended maintaining the FMP exploitation schedule.
    Given that the 1998 estimate of an F of 0.73 is identical to the 
target exploitation rate for 1999, the Council and Board did not 
recommend any changes in the TAL for 1999. As such, the Council and 
Board recommended that the TAL for 1999 be 6.17 million lb (2.79 
million kg). Based on this TAL, for 1999, the commercial quota would be 
3.02 million lb (1.37 million kg), and the recreational harvest limit 
would be 3.14 million lbs (1.42 million kg). The Council and Board 
further voted to maintain the current measures for fish size, trip 
limits, mesh size and threshold, and trap vent sizes.
    The Council and Board believe that this would achieve the target 
exploitation rate for 1999. Although the status of the stock is 
uncertain and projections of 1999 stock size were not conducted, 
exploratory results indicate that stock size has increased in recent 
years. Given this increase and the fact that this TAL is only slightly 
larger than the 1997 landings, the Council and Board believe that this 
TAL should result in an exploitation rate of 48 percent on the black 
sea bass stock.
    The black sea bass coast wide commercial quotas by quarter for 1999 
are presented in Table 3.

         Table 3.--1999 Black Sea Bass Quarterly Coast Wide Commercial Quotas and Quarterly Trip Limits
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                                                                                               Trip Limits
                    Quarter                        Percent         Lb        (Kg) \1\  -------------------------
                                                                                             Lb        (Kg) \1\
----------------------------------------------------------------------------------------------------------------
1  (Jan-Mar)...................................        38.64    1,168,860      530,186       11,000        4,990
2  (Apr-Jun)...................................        29.26      885,115      401,481        7,000        3,175
3  (Jul-Sep)...................................        12.33      372,983      169,182        3,000        1,361
4  (Oct-Dec)...................................        19.77      598,043      271,268        4,000        1,814
                                                ----------------------------------------------------------------
      Total....................................       100.00    3,025,000    1,372,117  ...........  ...........
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\1\ Kilograms are as converted from pounds and do not add to the converted total due to rounding.

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.
    NMFS has completed an IRFA for this proposed rule, pursuant to 5 
U.S.C. 603, without regard to whether the proposal would have a 
significant impact on a substantial number of small entities. A summary 
of this IRFA follows. A copy of the complete IRFA can be obtained from 
the Northeast Regional Office of NMFS (see ADDRESSES).
    The IRFA examines five scenarios. Scenario I analyzes the 
cumulative impacts of the harvest limits proposed by NMFS for summer 
flounder, scup, and black sea bass on vessels that are permitted to 
catch any of these three species. Scenario II differs from Scenario I 
in that its analysis of cumulative impacts includes the summer flounder 
harvest limits submitted by the Council. The Council recommendation 
includes the same scup and black sea bass harvest levels. Scenario III 
differs from Scenario I in that its analysis of cumulative impacts 
includes the summer flounder harvest limits recommended by the 
Monitoring Committee. The Monitoring Committee recommendation includes 
the same scup and black sea bass harvest levels. Scenario IV analyzes 
the cumulative impacts of the least restrictive possible harvest 
levels--those that would result in the least reductions (or greatest 
increases) in landings (relative to adjusted 1997) for all species. 
These limits resulted in the highest possible landings for 1999, 
regardless of their probability of achieving the biological targets. 
Scenario V analyzes the cumulative impacts of the most restrictive 
possible harvest levels--those that would result in the greatest 
reductions (or greatest decreases) in landings (relative to adjusted 
1997) for all species. Thus, this scenario analyzes the summer flounder 
harvest limit proposed by the Monitoring Committee, and non-selected 
alternatives for scup and black sea bass.
    An analysis of Scenario I (the proposed harvest limits) indicates 
that these levels will result in greater than a five percent revenue 
loss to 51 of the commercial vessels subject to this rule. Significant 
reductions varied from no vessels holding summer flounder/black sea 
bass permit combinations being affected, to 18 vessels holding scup/
black sea bass permits. An analysis of the harvest limits in Scenario 
II indicates that these levels would result in a negative economic 
impact to 48 commercial vessels subject to this rule. Reductions in 
revenue varied from none of the vessels holding summer flounder/black 
sea bass permits, to 17 vessels holding scup/black sea bass permits. An 
analysis of the harvest limits in Scenario III indicates that these 
harvest levels would result in a negative economic impact to 65 
commercial vessels. Significant reductions varied from 18 vessels 
holding scup/black sea bass permits, to none of the vessels holding 
summer flounder/black sea bass permits. An analysis of the harvest 
limits in Scenario IV indicates that these levels would result in a 
negative economic impact to 19 commercial vessels. Reductions varied 
from 9 vessels holding scup/black sea bass permits, to none of the 
vessels holding both scup/summer flounder and summer flounder/black sea 
bass permits. An analysis of the harvest limits in Scenario V indicates 
that these levels would result in a negative economic impact to 199 
commercial vessels. Significant reductions varied from 3 vessels 
holding only a summer flounder permit, to 55 vessels holding combined 
scup/black sea bass permits.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 56139]]


    Dated: October 15, 1998.
Rolland A. Schmitten,
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 200 lb or more (90.7 kg or more) from November 1 
through April 30 or 100 lb or more (45.4 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 (11.43 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.
* * * * *
[FR Doc. 98-28208 Filed 10-16-98; 1:13 pm]
BILLING CODE 3510-22-P