[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Proposed Rules]
[Pages 30149-30150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13833]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010515128-1128-01; I.D. 041801C]


Fisheries of the Northeastern United States; Black Sea Bass 
Fishery

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

ACTION: Advance notice of proposed rulemaking; notice of a control date 
for the purposes of controlling capacity or latent effort in the black 
sea bass commercial fishery.

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SUMMARY: NMFS announces that it is considering, and is seeking public 
comment on, a proposed rulemaking to place additional controls on 
access to the black sea bass (Centropristis striata) fishery under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). This announcement is intended , in part, to discourage 
speculative increases in effort or capacity while the Mid-Atlantic 
Fishery Management Council (Council) and NMFS are considering whether 
and how to additionally control access in this fishery. The date of 
publication of this announcement, June 5, 2001, shall be known as the 
control date and may be used for establishing revised eligibility 
criteria for participation in the fishery; i.e., the level of fishing 
activity after this date will not necessarily be used for future 
eligibility criteria.

DATES: Written comments must be received on or before 5 p.m., local 
time, July 5, 2001.

ADDRESSES: Written comments should be sent to Daniel T. Furlong, 
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115 
Federal Building, 300 South Street, Dover, DE 19904. Mark the outside 
of the envelope, ``Comments on Black Sea Bass Control Date.'' Comments 
also may be sent via facsimile (fax) to (302) 674-5399. Comments will 
not be accepted if submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Jennifer L. Anderson, Fishery 
Management Specialist, (978) 281-9226, e-mail: 
[email protected] or Christopher M. Moore, Ph.D., Deputy 
Director, Mid-Atlantic Fishery Management Council, (302) 674-2331.

SUPPLEMENTARY INFORMATION: The black sea bass fishery is a major 
fishery on the Atlantic coast that extends from Cape Hatteras north to 
Maine. Regulations implementing Amendment 9 to the Summer Flounder, 
Scup, and Black Sea Bass Fishery Management Plan (FMP) (61 FR 58461, 
November 16, 1996) control fishing mortality on black sea bass through 
a variety of management measures including a commercial quota, a limit 
on the number of commercial permits, gear regulations, and minimum fish 
size restrictions.
    The most recent assessment on black sea bass, completed in June 
1998, indicates that black sea bass are over-exploited and at a low 
biomass level (27th Stock Assessment Workshop). However, more recent 
results from the Northeast Fisheries Science Center's spring survey 
indicate that the black sea bass biomass has increased in recent years. 
In fact, the preliminary biomass index for 2000 is the highest in the 
time series since 1976.
    Commercial landings of black sea bass, which are harvested in 
Federal and state waters using a variety of gears, have varied without 
trend since 1981, ranging from a low of 2.0 million lb (907.2 mt) in 
1994, to a high of 4.3 million lb (1950.4 mt) in 1984. Since 1998, 
commercial landings have been constrained by quotas at an annual level 
of 3.025 million lb (1372.1 mt).
    A moratorium on the entry of additional commercial vessels into the 
black sea bass fishery was put in place on November 16, 1996, with the 
implementation of Amendment 9 to the FMP. However, the qualifying 
criteria for obtaining initial permits under the moratorium were 
liberal and only required that vessels provide a black sea bass landing 
receipt demonstrating at least 1 lb (0.45 kg) of black sea bass landed 
between January 26, 1989, and January 26, 1993. Based on this 
criterion, a number of vessels attained a permit even though those 
vessels only rarely or occasionally landed black sea bass during this 
period. There were 992 and 974 Federal black sea bass permit holders in 
1999 and 2000, respectively. Based on dealer reports, 795 and 727 of 
these vessels in 1999 and 2000, respectively, landed black sea bass. 
However, 83 percent of the permit holders participating in the black 
sea bass fishery in 1999 accounted for less than 9 percent of the black 
sea bass landings. The 1999 fishing year is the last full fishing year 
of complete landings information.
    The management measures for black sea bass implemented under 
Amendment 9 to the FMP have begun to rebuild the black sea bass stock. 
Although the Council and NMFS are concerned that increasing stock 
abundance may stimulate the use of unused capacity or effort by permit 
holders, there is equal concern that management measures have reduced 
fishing opportunities and income for commercial fishermen who have 
historically depended on black sea bass for a major portion of their 
income. An activation of latent effort could quickly erode the benefits 
to traditional operators who have sacrificed income as part of the 
rebuilding program.
    A control date of June 5, 2001 is intended to discourage 
speculative activation of previously unused effort or capacity in the 
black sea bass fishery while alternative allocation schemes and 
potential management regimes to control capacity or latent effort are 
discussed and possibly developed and implemented. The control date may 
be used by the Council and NMFS in determining historical or 
traditional participation in the black sea bass fishery. The control 
date communicates to black sea bass permit holders that performance or 
fishing effort after that date may not be treated the same as 
performance or effort that was expanded prior to the control date. The 
Council and NMFS could choose different and variably weighted methods 
to qualify fishermen based on the type and length of participation in 
the fishery or on the quantity of landings. A control date does not 
commit the Council or NMFS to develop any particular management regime 
or criteria for participation in this fishery. The Council or NMFS may 
choose a different control date, or may choose a management program 
that does not make use of such a date.

[[Page 30150]]

    The Council and NMFS may also choose to take no further action to 
control entry or access to the fishery, in which case the control date 
may be rescinded. Any action by the Council or NMFS will be taken 
pursuant to the requirements for FMP development established under the 
Magnuson-Stevens Act.
    This notification also gives the public notice that interested 
participants should locate and preserve records that substantiate and 
verify their participation in the black sea bass fishery in Federal 
waters.
    This control date has been determined to be not significant under 
Executive Order 12866.

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

    Dated: May 24, 2001.
John Oliver,
Acting Deputy Assistant Administrator for Fisheries, National Marine 
Fisheries Service.
[FR Doc. 01-13833 Filed 6-4-01; 8:45 am]
BILLING CODE 3510-22-S