[Federal Register Volume 65, Number 159 (Wednesday, August 16, 2000)]
[Proposed Rules]
[Pages 49959-49961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20846]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 000809230-0230-01; I.D. 062000D]
RIN 0648-AM46


Fisheries of the Northeastern United States; Fishery Management 
Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries; 
Recreational Measures for the 2000 Fisheries

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes recreational measures for the 2000 summer 
flounder 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 and black sea bass resources.

EFFECTIVE DATE: Comments must be received at the appropriate address or 
fax number (see ADDRESSES) no later than 5 p.m., local time, on 
September 15, 2000.

ADDRESSES: Copies of supporting documents used by the Summer Flounder, 
Scup, and Black Sea Bass Monitoring Committees and of the Environmental 
Assessment and Regulatory Impact Review are available from Dan Furlong, 
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115, 
Federal Building, 300 South New Street, Dover, DE 19904-6790.
    Written comments on the proposed specifications should be sent to 
Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One 
Blackburn Drive, Gloucester, MA 01930-2298. Mark on the outside of the 
envelope, ``Comments--2000 Summer Flounder and Black Sea Bass 
Recreational Measures.'' Comments may also be sent via facsimile (fax) 
to (978) 281-9135. Comments will not be accepted if submitted via e-
mail or Internet.

FOR FURTHER INFORMATION CONTACT:  Myles Raizin, Fishery Policy Analyst, 
(978) 281-9104, fax (978) 281-9135, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

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 composed of 
representatives from the Atlantic States Marine Fisheries Commission 
(Commission), the Mid-Atlantic Fishery Management Council (Council), 
the New England and South Atlantic Fishery 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 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 Committees' 
recommendations and any public comment in making their recommendations 
to the Council. The Council reviews the Demersal Committee 
recommendations, makes its own decision, in turn, and submits its 
recommendation to NMFS.
    Final specifications for the 2000 summer flounder, scup, and black 
sea bass fisheries were published on May 24, 2000 (65 FR 33486), 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 were not established as part of those 
specifications, since final recreational catch data were not available 
when the Council made its recommendation to NMFS.

Scup

    On January 12, 2000, the Council submitted the annual recreational 
measures for the FMP. The submission proposed measures for scup that 
included a minimum size of 7 inches (17.78 cm) total length (TL) with a 
50-fish possession limit and no closed season. After careful review of 
the Council's submission of recommendations for recreational measures 
for the scup fishery, NMFS returned the scup submission to the Council 
on March 10, 2000, because the Council submission indicated the 
proposed measures would result in landings in excess of the 1.24 
million lb (0.562 million kg) recreational harvest. The 2000 harvest 
limit recommended by the Council was unchanged from the 1999 level. 
However, based on the estimated 1999 recreational harvest of scup of 
1.82 million lb (0.899 million kg), a 32-percent reduction in harvest 
would be required to prevent landings from exceeding the harvest limit.
    The Council analysis compared its recommendation of a minimum size 
of 7 inches (17.78 cm) TL with a 50-fish possession limit and no closed 
season yields to the 1999 measures, which imposed the 7-inch (17.78-cm) 
minimum size only. The analysis indicates the Council's proposal would 
achieve only a 1-percent reduction from the estimated 1999 level. The 
documents accompanying the Council recommendation did not provide 
justification for this divergence based on biological factors. Because 
there was insufficient information in the submission for NMFS to 
develop an acceptable alternative, the submission was returned to the 
Council. Pending a resubmission of scup measures by the Council, a 
minimum size limit of 7 inches (17.78 cm) remains in effect for scup in 
Federal waters, with the individual states regulating recreational scup 
fishing in their waters.

Summer Flounder

    NMFS specified 2000 quotas for the summer flounder fishery which 
include a TAL of 18.52 million lb (8.40 million kg), a commercial quota 
of 11.11 million lb (5.039 million kg), and a recreational harvest 
limit of 7.41 million lb (3.361 million kg).

[[Page 49960]]

    Current summer flounder recreational measures require a 15-inch 
(3,810-cm) TL minimum size, an 8-fish possession limit, and an open 
season from May 29 to September 11. When it made its recommendation, 
the Council used available Marine Recreational Fisheries Statistical 
Survey (MRFSS) data through October to project total 1999 landings of 
8.5 million lb (3.855 million kg) or 15 percent more than the 7.41-
million lb (3.361-million kg) recreational harvest limit for 1999. 
Final MRFSS landings figures of 8.4 million lb (3.81 million kg) now 
available uphold the projection. The fact that the management measures 
in 1999 resulted in landings in excess of a 7.41-million lb (3.361-
million kg) harvest limit indicates that further constraints on the 
recreational fishery are required for 2000.
    The Council and Commission met at the Council's December 1999 
meeting and voted to recommend a 15.5-inch (39.27-cm) TL minimum fish 
size, an 8-fish possession limit, and an open season from May 10 to 
October 2 (i.e., a closed season from January 1-May 9 and October 3-
December 31) to meet the requirements of the 7.41-million lb (3.361-
million kg) recreational harvest limit. Because regulations differed by 
state in 1999, the Council and Commission voted to base reductions on 
1998 landings and on the number of fish, rather than on pounds of fish. 
In 1998, the regulations were consistent from state to state. As such, 
assuming recreational fishing effort in 2000 will be similar to that in 
1998, a 41-percent reduction in recreational landings (in number of 
fish) is needed to achieve the recreational harvest limit of 7.41 
million lb (3.361 million kg) for 2000. Assuming a 95 percent 
compliance rate, the Council's recommendation could reduce recreational 
landings by 44 percent.
    Under an interim rule that is effective until September 5, 2000 
(March 7, 2000; 65 FR 11909), the states can select a different 
combination of minimum fish sizes, possession limits, and closed 
seasons that result in the 41-percent reduction required to achieve the 
harvest limit in 2000. The interim regulations specify that the default 
measures will be the measures published in the final rule to implement 
annual summer flounder recreational measures, and equivalency of any 
other measures proposed by a state will be determined in comparison to 
those measures. Once a state's equivalency proposal is approved by the 
Commission, the Commission will recommend to NMFS that a notification 
be published in the Federal Register to waive the default measure and 
notify the public of the equivalent measures. The Council is developing 
an amendment to the FMP that will consider a permanent measure to 
implement conservation equivalencies.
    On April 25, 2000, during the last stages of review of the final 
specifications for the 2000 summer flounder, scup, and black sea bass 
fisheries, published on May 24, 2000, the United States Court of 
Appeals for the District of Columbia Circuit (Court) issued an opinion 
on a challenge to the 1999 summer flounder specifications by a number 
of environmental groups. The Court noted that the 1999 quota, when 
adopted, had only an 18-percent likelihood of meeting the conservation 
goals of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act). The Court invalidated the 1999 quota and 
remanded the case to NMFS for further proceedings. The Court set a 
minimum standard for harvest quotas to comply with the Magnuson-Stevens 
Act, namely that quotas must have at least a 50-percent probability of 
achieving the target fishing mortality rate. The preamble to the final 
specifications for the 2000 summer flounder, scup, and black sea bass 
fisheries, published on May 24, 2000, stated that NMFS considers it a 
matter of the highest urgency to address the remand of the Court and 
will work with the Council and the Commission to implement the 
decision.

Black Sea Bass

    The FMP specifies that the 2000 TAL will be allocated to the 
commercial and recreational fisheries based on relative landings for 
the period 1983 to 1992. Based on a TAL of 6.17 million lb (2.798 
million kg), the commercial quota is 3.02 million lb (1.37 million kg) 
(49 percent) for 2000, and the recreational harvest limit is 3.15 
million lb (1.429 million kg) (51 percent), which is identical to the 
1999 harvest limit. Using available data at the time the Council 
submitted its recommendations, landings for 1999 were projected to be 
1.97 million lb (0.893 million kg) or 1.18 million lb (0.535 mt) less 
than the 1999 harvest limit. Final recreational landings data now 
available indicate landings were 1.95 million lb (0.884 million kg), 
upholding the projection. Current black sea bass recreational measures 
require a 10-inch (25.40-cm) TL minimum size, no possession limit, and 
no closed season. NMFS is publishing the recommendation of the Council 
which is to maintain these measures for the 2000 recreational fishery.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities, 
as follows:

    The regulatory impact review [prepared by the Mid-Atlantic 
Fishery Management Council] analyzed various management measures 
from the standpoint of determining the resulting changes in revenue 
for party/charter vessels. Data on costs and revenues for party/
charter vessels were not available. Therefore, revenues for party/
charter vessels participating in these fisheries were estimated by 
employing various assumptions. The effects of measures were analyzed 
by employing quantitative approaches to the extent possible. Where 
quantitative data were not available, qualitative analyses were 
conducted. An estimated 1.468 million trips were taken by anglers 
aboard party and charter boats in 1998 in the Northeast Region. 
About 0.20 percent of those trips would have been affected by the 
implementation of the summer flounder measures proposed under the 
preferred alternative for the 2000 fishing year (15.5-inch (39.27-
cm) total length (TL) size limit, 8-fish possession limit, and a 
closed season from January 1, to May 9, and October 3, to December 
31). In other words, 2,935 (0.20 percent) angler trips taken aboard 
party/charter boats in 1998 landed at least one summer flounder that 
was less than 15.5 inches (39.27 cm) TL, landed more than 8 summer 
flounder, or landed at least one summer flounder during the proposed 
closed season. In 1998, an 8-fish possession limit and a 15-inch 
(38.10-cm) TL minimum size limit was in place. Thus, the proposed 
one-half inch size increase and the seasonal closure in 2000 would 
have affected 2,935 angler trips in 1998. Assuming angler effort in 
2000 will be similar to 1998, party/charter boat revenues associated 
with these trips can be estimated by multiplying the number of 
potentially affected trips in 2000 by the average fee paid by 
anglers. Steinback et al. estimated that the average party/charter 
boat fee paid by anglers was $52.00 in the Northeast Region in 1994. 
Adjusted to its 2000 equivalent ($59.12) and multiplied by the 
number of potentially affected trips, this results in party and 
charter boat gross revenues of $173,517. Analysis of Northeast 
logbook data indicated that 274 party/charter vessels participated 
in the summer flounder fishery in 1998. Assuming that the same 
number of vessels will participate in 2000, the potential impact per 
boat could be up to a $633 (173,517/274) reduction in gross 
revenues, or a 0.20-percent reduction when compared to 1998. 
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 after they reach their 
possession limit or after the closed season,

[[Page 49961]]

and because of the numerous alternative target species available to 
anglers. Very little information is available to estimate 
empirically how sensitive the affected party/charter boat anglers 
might be to the proposed regulations. While keeping fish is 
moderately important to anglers in the Mid-Atlantic, over 42 percent 
of anglers in New England in 1994 indicated that catching fish to 
eat was not an important reason for their marine fishing. Although 
these anglers are not likely to be the ones constrained by the 
regulations, the findings of this study generally concur with 
previous studies that found non-catch reasons for participating in 
marine recreational fishing were rated much higher than keeping fish 
for food. In combination with the numerous alternative target 
species available to anglers, the findings of the Steinback et al. 
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 losses up to 0.20 percent, on average, of total expected 
boat revenue in 2000. Three other alternatives the Council analyzed 
produced reductions of 54, 46, and 49 percent in catch with revenue 
losses estimated between 0 and 6.85 percent.
    For black sea bass, the preferred alternative for the 2000 
fishing year maintains the minimum size limit at 10 inches (25.40 
cm) TL. Thus, it can be assumed that there will be no additional 
recreational fishing trips affected in 2000. As such, the size limit 
proposed under the preferred alternative will not likely alter 
party/charter boat revenue in 2000. The Council analyzed one 
alternative that would add a 20-fish possession limit to the 
management measures for the black sea bass recreational fishery. Of 
the estimated 1.468 million trips taken by anglers aboard party and 
charter boats in 1998 in the Northeast Region about 0.57 percent 
would have been affected by the implementation of the black sea bass 
measures proposed under non-preferred Alternative 1 for the 2000 
fishing year (10-inch (25.40-cm) TL size limit, 20-fish possession 
limit). In other words, 8,366 (0.57 percent) angler trips taken 
aboard party/charter boats in 1998 landed at least one black sea 
bass that was less than 10 inches (25.40 cm), or landed more than 20 
black sea bass. In 1998, a 10-inch (25.40-cm) minimum size limit was 
in place along with a closure from August 1, to August 15; there was 
no possession limit. Since no closure is proposed for black sea bass 
in 2000, a direct comparison of effort between 1998 and 2000 results 
in a small decrease in potentially affected trips. However, party/
charter revenue losses per boat under this alternative could range 
anywhere 0 to 0.57 percent, on average, of total expected boat 
revenue in 2000.
    Accordingly, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 11, 2000.
William T. Hogarth,
Deputy 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. 648.103, paragraph (b) is revised to read as follows:


Sec. 648.103  Minimum fish sizes.

* * * * *
    (b) The minimum size for summer flounder is 15.5 inches (39.27 cm) 
TL for all vessels that do not qualify for a moratorium permit, and 
party boats holding a moratorium permit if fishing with passengers for 
hire or carrying more than five crew members, or charter boats holding 
a moratorium permit if fishing with more than three crew members.
* * * * *
[FR Doc. 00-20846 Filed 8-15-00; 8:45 am]
BILLING CODE 3510-22-U