[Federal Register Volume 64, Number 83 (Friday, April 30, 1999)]
[Proposed Rules]
[Pages 23256-23260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10900]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 990422103-9103-01; I.D. 031099B]
RIN 0648-AL75
Fisheries of the Northeastern United States; Fishery Management
Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries;
Recreational Measures for the 1999 Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; proposed interim measures to implement
conservation equivalency in the summer flounder fishery; request for
comments.
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SUMMARY: NMFS proposes recreational measures for the 1999 summer
flounder, scup, and black sea bass fisheries. The implementing
regulations for these fisheries require NMFS to publish recreational
measures for the upcoming fishing year and to provide an opportunity
for public comment. The intent of these measures is to prevent
overfishing of the summer flounder, scup, and black sea bass resources.
In addition, NMFS proposes interim measures to allow states to
implement conservation equivalent measures for the summer flounder
recreational fishery.
DATES: Public comments must be received on or before June 1, 1999.
ADDRESSES: Copies of supporting documents used by the Summer Flounder,
Scup, and Black Sea Bass Monitoring Committees and of the Environmental
Assessment, Regulatory Impact Review, including the Initial Regulatory
Flexibility Analysis, are available from: Dan Furlong, 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: Jon
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
Recreational Measures.''
FOR FURTHER INFORMATION CONTACT: Paul H. Jones, Fishery Policy Analyst,
(978) 281-9326.
SUPPLEMENTARY INFORMATION:
[[Page 23257]]
Background
The Fishery Management Plan for the Summer Flounder, Scup, and
Black Sea Bass Fisheries (FMP) outlines the process for specifying
annual recreational measures. The FMP has established Monitoring
Committees (Committees) for each of the three fisheries comprised of
representatives from the Atlantic States Marine Fisheries Commission
(Commission), the Mid-Atlantic Fishery Management Council (Council),
the New England and South Atlantic Management Councils, and NMFS. The
Committees are required to review annually scientific and other
relevant information and to recommend measures necessary to achieve the
recreational harvest limits for the summer flounder, scup, and black
sea bass fisheries. These recommended measures are limited to minimum
fish sizes, possession limits, and closed seasons. The Council's
Demersal Species Committee and the Commission's Summer Flounder, Scup,
and Black Sea Bass Board (Board) then consider the Monitoring
Committees' recommendations and any public comment in making their
recommendations. The Council reviews the Demersal Committee
recommendations, makes its own decision, in turn, and forwards its
recommendation to NMFS.
Final specifications for the 1999 summer flounder, scup, and black
sea bass fisheries were published on December 31, 1998 (63 FR 72203),
and included a coastwide recreational harvest limit of 7.41 million lb
(3.361 million kg) for summer flounder; 1.24 million lb (0.562 million
kg) for scup; and 3.14 million lb (1.42 million kg) for black sea bass.
Recreational measures for 1999 were not included in the final
specifications because not enough recreational catch data for 1998 were
available for the Committees to use in evaluating the effectiveness of
the 1998 measures. Shortly after preliminary data became available,
each Committee met to review the data and to recommend measures for the
1998 recreational fisheries. Based on those recommendations, the
Council submitted the following recreational measures for
consideration.
Summer Flounder
At the November 1998 Monitoring Committee meeting, the Committee
recommended that the Council consider a 15-inch (38-cm) minimum fish
size, an 8-fish possession limit, and a closure from August 8, 1999, to
September 30, 2000. Preliminary recreational landings data for 1998
indicated that a 55-percent reduction in recreational landings would be
required in 1999 to avoid exceeding that fishing year's harvest limit
of 7.41 million lb (3.36 million kg).
During the time between the Committee meeting in November and the
Council/Board meeting in December, additional recreational data for the
1998 fishing year became available. Analysis of these data showed that
a 40-percent reduction in fishing effort in 1999 (compared to 1998),
instead of the 55-percent reduction discussed at the November 1998
Committee meeting, would be required to keep the recreational landings
in 1999 from exceeding the 1999 harvest limit. The Council and Board
reviewed this analysis and the Committee's recommendation and
recommended a 15-inch (38-cm) minimum fish size, an 8-fish possession
limit, and a closed season from September 12, 1999, through May 28,
2000.
In addition, the Council requested that NMFS publish an interim
rule that would allow the states to implement alternative measures that
are equivalent to the recreational measures NMFS proposes for the
summer flounder fishery. The Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) states that if a Council finds
that interim measures are needed to reduce overfishing for any fishery
within its jurisdiction, it may recommend to the Secretary of Commerce
the promulgation of interim measures to address the overfishing. The
interim action would remain in effect for not more that 180 days after
the date of publication, and may be extended by publication in the
Federal Register for one additional period of not more than 180 days,
provided the public has had an opportunity to comment on the interim
measure. In the case of a Council recommendation for interim measures,
the Council must be actively preparing a fishery management plan, plan
amendment, or proposed regulations to address the overfishing on a
permanent basis. Interim measures addressing overfishing may be
implemented even if they are not sufficient in and of themselves to
stop overfishing.
Under this proposed interim rule, states would have the option of
implementing alternative measures that would result in the 40-percent
reduction that is required to achieve the harvest limit in any year.
The states could select a combination of minimum fish sizes, possession
limits, and closed seasons. States that wished to implement equivalent
measures would have to submit those proposed alternative measures to
the Commission's Summer Flounder Technical Committee for approval. The
states would be responsible for providing all analyses required to
prove that the alternative measures would achieve the required
reduction. If the Commission finds that the proposed alternative
measures would achieve the required reduction, the state could then
implement those alternative measures. Once a state equivalency proposal
is approved by the Commission, the Commission would recommend to NMFS
that a notification be published to waive the default measure and
notify the public of the state's equivalent measures.
It is possible that a state could decide to implement its
equivalent measures while the EEZ measures are still in the proposed
rule stage of rulemaking. The interim regulations clarify that, if the
EEZ measures were modified in an interim final rule, a state would be
required to provide additional analysis to the Technical Committee to
establish that its current measures achieve the 40-percent reduction.
This proposed interim rule responds to concerns voiced about the
inappropriateness of certain coastwide measures for some states. For
example, the summer flounder stock migrates north during the summer
months, resulting in differences in seasonal availability. This
differential in availability impacts on equitable choice of a season.
Conservation equivalency will give these states the option of
implementing a different closed season, as well as a different
possession limit or minimum fish size, if they can prove that the
combination of measures will achieve the required reduction. The
default measures would be those coastwide measures that are proposed by
NMFS as part of the recreational specification process. While the
coastwide measures may result in some states reducing the recreational
fishery more or less than the Monitoring Committee has recommended, the
average coastwide reduction would achieve the harvest limit.
Although permanent measures by the Council are being developed to
address overfishing, it will take several months to complete and to
implement these measures if they are approved. This proposed interim
rule is consistent with the Magnuson-Stevens Act because it would form
part of an overall management strategy to end overfishing and rebuild
the summer flounder resource while recognizing variations and
contingencies in the stock that demand flexibility among the states to
achieve the fishing reduction target.
[[Page 23258]]
Scup
At the November 1998 Monitoring Committee meeting, the Committee
recommended that the Council consider an 8-inch (20.32- cm) minimum
fish size, and a 35-fish possession limit. This recommendation would
achieve the 1999 harvest limit of 1.24 million lb (0.562 million kg).
The Council and Board reviewed the Committee's recommendation and
recommended a 7-inch (17.78-cm) minimum fish size with no possession
limit and no closed season for 1999. Because the 1998 harvest limit is
not projected to be achieved, and, in fact, projected landings are also
below the 1999 harvest limit, the Council and Board believe that the
existing 7-inch (17.78-cm) minimum fish size would prevent the
recreational catch from exceeding the harvest limit for 1999.
Black Sea Bass
At the November 1998 Monitoring Committee meeting, the Committee
recommended that the Council maintain the minimum fish size at 10-
inches (25.4-cm). This recommendation would achieve the 1999 harvest
limit of 3.14 million lb (1.43 million kg).
The Council and Board reviewed the Committee's recommendation and
recommended the 10-inch (25.4-cm) minimum fish size. Because the
recreational fishery is not projected to achieve its harvest limit for
1998, neither the Committee nor the Council and Board felt it was
necessary to maintain the 2-week closed season implemented in 1998. The
Council and Board believe that maintaining the 10-inch (25.4-cm)
minimum fish size would prevent the recreational catch exceeding the
1999 harvest limit.
NMFS requests public comments on all of the proposed specification
measures. In addition, NMFS requests public comments on the proposed
interim rule to allow states to implement measures in the summer
flounder fishery that constitute equivalency.
Classification
This proposed rule and proposed interim rule have been determined
to be not significant for purposes of E.O. 12866.
The Council prepared an initial regulatory flexibility analysis
(IRFA) for this proposed rule, pursuant to 5 U.S.C. 603(a) of the RFA.
A copy of this analysis is available from the Council (see ADDRESSES).
The IRFA describes the impact this proposed rule, if adopted, would
have on small entities. The proposed rule would implement 1999
recreational measures for the summer flounder, scup, and black sea bass
fisheries. The proposed interim rule would provide states with the
authority to implement conservation measures in state waters that
constitute equivalency. The 1999 harvest limit for summer flounder is
7.41 million lb (3.36 million kg)--the same level specified for 1997
and 1998. However, landings in 1997 were 11.86 million lb (5.38 million
kg) and projected recreational landings in 1998 are 12.51 million lb
(5.68 million kg). Based on the 1998 projection and the upward trend of
recreational landings, the more stringent measures proposed in this
rule are required to achieve a 40-percent reduction in the recreational
fishery and to prevent the harvest limit from being exceeded again. It
is probable that proposed management measures would restrict the
recreational summer flounder fishery for 1999 and that these measures
may cause some decrease in recreational satisfaction (i.e., the
proposed closed season).
Staff at the Northeast Fisheries Science Center estimated that 3.25
percent of party/charter trips could be affected by the implementation
of the summer flounder preferred measures. In other words, 74,490
angler trips taken aboard party/charter boats in 1997 landed at least
one summer flounder that was less than 15 inches (38 cm), or landed
more than 8 summer flounder, or landed at least 1 summer flounder
during the proposed season.
Assuming angler effort in 1999 would be similar to 1997, party/
charter boat revenues associated with these trips can be estimated by
multiplying the number of potentially affected trips in 1999 by the
average fee ($57.92) paid by anglers. This results in party and charter
boat earnings of $4,314,461. Analysis of the vessel trip report (VTR)
data indicated that 309 party/charter vessels participated in the
summer flounder fishery in 1997. Assuming that the same number of
vessels will participate in 1999, the potential impact could be up to
$13,963 per vessel ($4,314,461/309 = $13,963). As such, if the
regulations proposed under the preferred alternative result in a
decrease in the number of recreational fishing trips, on average, each
party/charter vessel could lose up to $13,963 or 3.25 percent of their
revenue in 1999 compared to 1997. However, losses of this magnitude are
not likely to occur given that anglers will continue to have the
ability to engage in catch and release fishing for summer flounder, and
because of the numerous alternative target species available to
anglers. Unfortunately, the lack of data makes it impossible to
empirically estimate how sensitive the affected party/charter boat
anglers might be to the proposed regulations. The fact that the
proposed regulations affect the number and size of the fish that can be
kept or landed and do not prohibit anglers from engaging in catch and
release fishing, means that overall losses are likely to be lower.
The Steinback and O'Neil (In-press) study suggest that at least
some of the potentially affected anglers would not reduce their effort
when faced with the landings restrictions proposed under the preferred
alternative. Therefore, party/charter revenue losses per boat could
range anywhere from no revenue loss up to 3.25 percent, on average, of
total expected boat revenue in 1999 (given the assumptions regarding
compliance rates and release mortality). Due to some uncertainty
regarding the assumptions made to estimate the anticipated impacts of
the proposed measures, an IRFA was prepared to analyze potential
impacts and to seek public comment on the proposed measures and their
impact on small entities.
Alternatives Considered But Rejected by the Council
1. The implementation of the first rejected summer flounder
alternative would reduce the possession limit from 8 to 6 fish in
addition to closing the fishing season from August 1 to August 31.
These measures could potentially reduce effort aboard party/charter
boats by up to 8.04 percent assuming angler effort in 1999 would be
similar to 1997. In other words, 184,277 (8.04 percent) angler trips
taken aboard party/charter boats in 1997 landed at least one summer
flounder that was less than 15 inches (38 cm), or landed more than 6
summer flounder, or landed at least one summer flounder during the
proposed closed season.
Assuming angler effort in 1999 would be similar to 1997,
multiplying the number of potentially affected trips in 1999 (184,277)
by the average fee paid by anglers ($57.92) results in associated
party/charter boat earnings of $10,673,324. Analysis of VTR data
indicated that 309 party/charter vessels participated in the summer
flounder fishery in 1997. Assuming that the same number of vessels will
participate in 1999, the potential impact could be up to $34,542 per
vessel (10,673,324/309). As such, if the regulations proposed under the
preferred alternative result in a decrease in the number of
recreational fishing trips, on average, each party/charter vessel could
lose up to $34,542 or 8.04 percent of their revenue in 1999 compared to
1997. However, losses of this magnitude are not likely to occur
[[Page 23259]]
given that anglers will continue to have the ability to engage in catch
and release fishing for summer flounder, and because of the numerous
alternative target species available to anglers. Unfortunately, very
little information is available to empirically estimate how sensitive
the affected party/charter boat anglers might be to the proposed
regulations. The fact that the proposed regulations affect the number
and size of the fish that can be kept or landed and do not prohibit
anglers from engaging in catch and release fishing, the overall losses
are likely to be somewhat lower. Therefore, party/charter revenue
losses per boat could range anywhere from no revenue losses up to 8.04
percent, on average, of total expected boat revenue in 1999 (given the
above assumptions regarding compliance rates and release mortality).
2. The implementation of the second rejected summer flounder
alternative will reduce the possession limit from 8 to 4 fish in
addition to closing the fishing season from January through June. These
measures could potentially reduce effort aboard party/charter boats by
up to 5.69 percent assuming angler effort in 1999 would be similar to
1997. In other words, 130,415 (5.69 percent) angler trips taken aboard
party/charter boats in 1997 landed at least one summer flounder that
was less than 15 inches (38 cm), or landed more than 4 summer flounder,
or landed at least one summer flounder during the proposed closed
season.
Assuming angler effort in 1999 would be similar to 1997,
multiplying the number of potentially affected trips in 1999 (130,415)
by the average fee paid by anglers ($57.92) results in associated
party/charter boat earnings of $7,553,637. Analysis of VTR data
indicated that 309 party/charter vessels participated in the summer
flounder fishery in 1997. Assuming that the same number of vessels will
participate in 1999, the potential impact could be up to $24,445 per
vessel (7,553,637/309). As such, if the regulations proposed under the
preferred alternative result in a decrease in the number of
recreational fishing trips, on average, each party/charter vessel could
lose up to $24,445 or 5.69 percent of their revenue in 1999 compared to
1997. However, losses of this magnitude are not likely to occur given
that anglers will continue to have the ability to engage in catch and
release fishing for summer flounder, and because of the numerous
alternative target species available to anglers. Unfortunately, very
little information is available to empirically estimate how sensitive
the affected party/charter boat anglers might be to the proposed
regulations. The fact that the proposed regulations affect the number
and size of the fish that can be kept or landed and do not prohibit
anglers from engaging in catch and release fishing, the overall losses
are likely to be somewhat lower. Therefore, party/charter revenue
losses per boat could range anywhere from no revenue losses up to 5.69
percent, on average, of total expected boat revenue in 1999 (given the
above assumptions regarding compliance rates and release mortality).
The 1999 scup recreational harvest limit of 1.24 million lb (0.562
million kg) is a 25-percent reduction from the 1998 level of 1.552
million lb (0.70 million kg). However, recreational scup landings for
1998 were projected to be 0.869 million lb (0.39 million kg), well
below the 1998 harvest limit. Given the declining trends in both catch
and trips, it is unlikely that the 1999 harvest limit would result in a
decline in the demand of party/charter boat trips, the only entities
shown in Council analysis to be affected by these measures, despite the
reduction from the 1998 harvest limit. Like summer flounder, it is
likely that anglers would target other species when faced with
potential reductions in the amount of scup they can catch. As such, it
is unlikely that the 1999 scup harvest limit would have a substantial
impact on the number of party/charter fishing trips. The 1999 black sea
bass recreational harvest limit of 3.15 million lb (1.43 million kg) is
unchanged from the 1998 harvest limit. In 1997, 3.15 million lb (1.43
million kg) of black sea bass were landed and in 1998, 1.146 million lb
(0.51 million kg) were projected to be landed. Because the recreational
fishery is not anticipated to land the entire harvest limit for 1998,
the 1999 harvest limit is not anticipated to alter the demand for
party/charter trips, the only entities shown in Council analysis to be
affected by these measures. Therefore, it is unlikely that the 1999
black sea bass harvest limit would have a substantial impact on the
number of party/charter fishing trips.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 27, 1999.
Penelope D. Dalton,
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. Section 648.102 is revised to read as follows:
Sec. 648.102 Time restrictions.
Vessels that are not eligible for a moratorium permit under
Sec. 648.4(a)(3) and any person subject to the possession limit may
fish for summer flounder only from May 29 through September 11. This
time period may be adjusted pursuant to the procedures in Sec. 648.100.
3. Section 648.107 is added to subpart G to read as follows:
Sec. 648.107 Conservation equivalent measures.
(a) States may implement on an annual basis conservation equivalent
measures that reduce the recreational catch to the same extent as the
annual Federal summer flounder measures specified under Sec. 648.100(c)
to achieve the recreational harvest limit in any year. These measures
would be a different combination of minimum fish sizes, possession
limits, and closed seasons that are the conservation equivalent of
those Federal summer flounder measures specified on an annual basis.
(b) A determination of equivalency would be made annually for any
state proposing alternative recreational measures by the Summer
Flounder Technical Committee of the Commission. Conservation equivalent
measures may be implemented without Summer Flounder Technical Committee
review, but only if states use the state-specific tables provided by
the Commission and maintain a 15-inch (38-cm) TL minimum fish size.
(1) Once a state receives a determination of equivalency from the
Summer Flounder Technical Committee, the Commission will recommend to
the Regional Administrator that a notification be published in the
Federal Register to waive the annual Federal summer flounder measures
specified under Sec. 648.100(c) and notify vessel permit holders of the
equivalent measures approved by the Summer Flounder Technical Committee
for landing summer flounder in that state.
(2) States electing not to implement conservation equivalent
measures or states that did not receive a determination of equivalency
from the Summer Flounder Technical Committee would be required to
implement the annual Federal summer flounder
[[Page 23260]]
measures specified under Sec. 648.100(c) in accordance with the
provisions of the Interstate Fishery Management Plan for the Summer
Flounder, Scup, and Black Sea Bass Fisheries.
[FR Doc. 99-10900 Filed 4-29-99; 8:45 am]
BILLING CODE 3510-22-F