[Federal Register Volume 66, Number 146 (Monday, July 30, 2001)]
[Rules and Regulations]
[Pages 39288-39292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18919]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010511122-1179-02; I.D. 031901C]
RIN 0648-AN70


Fisheries of the Northeastern United States; Fishery Management 
Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries; 
Recreational Measures for the 2001 Fisheries

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

ACTION: Final rule; technical correction.

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SUMMARY: NMFS issues this final rule to implement recreational measures 
for the 2001 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.

DATES: Effective July 30, 2001.

ADDRESSES: Copies of supporting documents used by the Summer Flounder, 
Scup, and Black Sea Bass Monitoring Committees, the Regulatory Impact 
Review (RIR), the Final Regulatory Flexibility Analysis (FRFA) 
contained within the RIR, and the Environmental Assessment (EA) are 
available from the Northeast Regional Office at the following address: 
National Marine Fisheries Service, One Blackburn Drive, Gloucester, MA 
01930-2298. The EA/RIR/FRFA is also accessible via the Internet at 
http://www.nero.nmfs.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT: Rick Pearson, Fishery Policy Analyst, 
(978) 281-9279, 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) and its implementing regulations (50 CFR 
part 648, subparts G, H, and I) describe the process for specifying 
annual recreational measures. Final specifications for the 2001 scup 
and black sea bass fisheries were published at 66 FR 12902, March 1, 
2001, and final

[[Page 39289]]

specifications for the 2001 summer flounder fishery were published at 
66 FR 16151, March 23, 2001. These specifications included a coastwide 
recreational harvest limit of 7.16 million lb (3.25 million kg) for 
summer flounder, 1.77 million lb (0.803 million kg) for scup, and 3.148 
million lb (1.43 million kg) for black sea bass. A proposed rule to 
implement annual Federal recreational measures for the 2001 summer 
flounder, scup, and black sea bass fisheries was published at 66 FR 
28879, May 25, 2001, and contained management measures (i.e., minimum 
fish size, possession limit, and season) intended to keep annual 
recreational harvest from exceeding the specified harvest limits. The 
recreational measures contained in this final rule are unchanged from 
those published in the proposed rule, and are listed below. A complete 
discussion of the development of the recreational measures appeared in 
the preamble of the proposed rule and is not repeated here.

                                              Recreational Measures
----------------------------------------------------------------------------------------------------------------
                                      Minimum Size (total length)         Possession Limit       Open Season
----------------------------------------------------------------------------------------------------------------
Summer Flounder                                   15.5 inches (39.27 cm)            3 fish       May 25 - Sep. 4
Scup                                                 9 inches (22.86 cm)           50 fish     Aug. 15 - Oct. 31
Black Sea Bass                                      11 inches (27.94 cm)           25 fish   Jan.1 - Feb. 28 and
                                                                                                May 10 - Dec. 31
----------------------------------------------------------------------------------------------------------------

Comments and Responses

    Four comments were received on the proposed recreational measures 
for summer flounder, scup, and black sea bass. Three were from fishing 
industry participants, and one was from a Congressional representative. 
All comments received prior to the close of the comment period that 
were relevant to the measures in the proposed rule were considered in 
development of this final rule.

Classification

    Comment 1: One commenter concerned with the economic impact of a 
May and June recreational scup closure on charter vessels operating out 
of Cape Cod, stated that the closed season would be devastating to this 
industry, since charter vessel operators have established a large 
clientele that comes to Cape Cod to catch the scup that traditionally 
appear off the Cape every spring. The commenter also stated that August 
is their season for striped bass, bluefish, summer flounder and tuna 
fishing. Therefore, an August opening to the scup season would not be 
especially beneficial to their fishing community.
    Response: The recreational measures being implemented in this final 
rule are established to ensure that the coastwide harvest limit, 
established in the 2001 specifications for summer flounder, scup, and 
black sea bass, is not exceeded. Although the economic impact of these 
measures may vary among the states based on the seasonal availability 
of scup, these measures cannot be tailored to meet the economic needs 
of each individual state. The economic impact of the scup season was 
evaluated as part of the IRFA/FRFA in relation to the entire coast. The 
effect of the scup measures on angler effort (1.44-percent reduction) 
is not substantially greater than the effect projected under the other 
alternative that satisfied the FMP objective (1.40 percent reduction), 
which had an open season of July 1 through September 29, but a 
possession limit of only 15 fish. The measures being implemented 
through this final rule were selected because they included a season 
that met the coastwide requirements, and are consistent with the goals 
and objectives of the FMP. In addition, these measures maintained a 
higher possession limit, which industry members testified was critical 
to charter vessel operations.
    Comment 2: Two commenters concerned with the black sea bass season 
and possession limit, stated that a 25-fish possession limit is not 
sufficient for charter vessels that make full-day trips. They stated 
that they often sail on full-day trips (8 hr) or on extended-hours 
trips (14 to 18 hr), with the expectation of catching more than 25 sea 
bass per passenger. These commenters also stated that this possession 
limit and the proposed closed season would provide little benefit to 
the black sea bass stocks. They felt that an increase in the minimum 
size to 11 inches would have more benefit to the stock.
    Response: The measures being implemented in this final rule were 
selected because they met the coastwide requirements, and are 
consistent with the goals and objectives of the FMP. Furthermore, the 
negative economic impacts associated with these measures are minimal. 
These measures are estimated to impact only 0.09 percent of angler 
trips, with an estimated maximum gross annual revenue loss of only $219 
per party/charter vessel. The negative economic impacts associated with 
the preferred black sea bass alternative are minimal. These measures 
are estimated to impact only 0.09 percent of angler trips, with an 
estimated maximum gross annual revenue loss of only $219 per party/
charter vessel.
    Comment 3: One commenter opposed the black sea bass closed season 
(March 1 through May 9), suggesting instead a closure during August or 
September when alternative species are available to be caught by 
charter vessel operations.
    Response: As stated in the response to Comment 2 above, the 
negative economic impacts associated with the preferred alternative are 
minimal. The analysis of the black sea bass measures in the EA/RIR 
shows that the season only contributes 4 percent to the total 26-
percent reduction in recreational landings associated with these 
measures. To delay the closure to late August would result in less than 
a 3-percent reduction in recreational black sea bass landings, 
therefore not achieving the reduction necessary. While an early 
September closure would result in approximately an 11-percent reduction 
in landings, it would likely result in a greater economic loss. 
Therefore, the season established under the preferred alternative 
achieves the necessary reduction in recreational landings while keeping 
economic impacts to a minimum.

Changes from the Proposed Rule; Technical Correction

    Changes to Secs. 648.102, 648.103, and 648.105 were made to 
incorporate regulatory language added as a result of the publication of 
the final rule implementing Framework 2 to the Summer Flounder, Scup, 
and Black Sea Bass FMP.
    This final rule makes a technical correction to 50 CFR 648.120 (a), 
which specifies the annual exploitation targets for scup. In Amendment 
8 to the FMP, the exploitation target specified for 2002 and thereafter 
was Fmax. The value of Fmax estimated in 
Amendment 8 corresponded to an exploitation rate of

[[Page 39290]]

19 percent, and thus Sec. 648.120(a) included that value. However, the 
Fmax estimate has changed. Therefore, the 19-percent figure 
currently contained in the regulatory text is incorrect. The regulatory 
text is corrected to reflect the fact that the target exploitation rate 
is associated with Fmax, rather than a fixed percentage. 
This correction will allow annual measures to be set consistent with 
the most recent estimate of Fmax. There are no other changes 
made to the proposed rule.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This action establishes annual recreational management measures for 
the summer flounder, scup, and black sea bass fisheries. Action to 
restrict recreational landings must be taken immediately to conserve 
and manage these fishery resources; the fisheries are in progress. 
Failure to implement these provisions immediately could result in 
overfishing and prevent NMFS from carrying out its mandate to prevent 
overfishing of the resource. Therefore, because it would be 
impracticable and contrary to the public interest to delay 
implementation of these provisions, the Assistant Administrator for 
Fisheries, NOAA, for good cause under 5 U.S.C. 553 (d)(3) waives the 
30-day delay in effectiveness of the 2001 summer flounder, scup, and 
black sea bass recreational measures.
    NMFS determined that this final rule will be implemented in a 
manner that is consistent, to the maximum extent practicable, with the 
approved coastal management programs of Maine, New Hampshire, 
Massachusetts, Rhode Island, Connecticut, New York, Pennsylvania, New 
Jersey, Delaware, Maryland, Virginia, and North Carolina. This 
determination was submitted for review by the responsible state 
agencies on January 17, 2001, under section 307 of the Coastal Zone 
Management Act. The following states concurred with NMFS' 
determination: Rhode Island, Pennsylvania, New Jersey, Delaware, 
Virginia and North Carolina. The State of Connecticut agreed with the 
consistency determination regarding the black sea bass specifications, 
but disagreed with the determination regarding the summer flounder and 
scup specifications. The State of Connecticut objected to NMFS' 
determination for these two fisheries because the State believed NMFS 
set harvest levels that were unjustifiably low, and therefore 
detrimental to Connecticut fishermen. However, recreational harvest 
limits are not being established by this action; those measures were 
established as part of the 2001 summer flounder, scup, and black sea 
bass specifications, which were the subject of a separate rulemaking. 
NMFS responded to the concerns of the State of Connecticut by means of 
a letter sent on March 23, 2001. The remaining states (Maine, New 
Hampshire, Massachusetts, New York, and Maryland) did not respond; 
therefore, consistency is inferred.
    The Council and NMFS prepared a final regulatory flexibility 
analysis (FRFA) for this action. A copy of this analysis is available 
from the Regional Administrator (see ADDRESSES). The preamble to the 
proposed rule contained a detailed summary of the analyses contained in 
the initial regulatory flexibility analysis (IRFA), and that discussion 
is not repeated in its entirety here. A summary of the FRFA follows.
    A description of the reasons why action by the agency is being 
taken and the objectives of this final rule are explained in the 
preambles to the proposed rule and this final rule and are not repeated 
here. This action does not contain any collection-of-information, 
reporting, recordkeeping, or other compliance requirements. It does not 
duplicate, overlap, or conflict with any other Federal rules.

Public Comments

    Four comments were received on the recreational measures contained 
in the proposed rule. Comments were not specifically on the IRFA, but 
were related to the economic impacts on small entities (see response to 
comments 1, 2, and 3 in the preamble of this final rule).

Number of Small Entities

    The measures established by this action potentially affect a total 
of 694 party/charter vessels that held Federal party/charter permits 
for the summer flounder, scup, and/or black sea bass fisheries in 1999.

Minimizing Significant Economic Impact on Small Entities

    The FRFA contains an analysis of the measures being implemented in 
comparison to other alternatives that were considered. The measures 
being implemented in this final rule consist of the measures 
recommended by the Council for these fisheries. The other alternative 
that satisfied the FMP objective (other alternative) consisted of 
measures recommended by the Monitoring Committees for summer flounder 
and scup, and of a restrictive set of alternative black sea bass 
measures. The final alternative maintained existing measures for all 
three fisheries (status quo alternative).
    The category of small entities likely to be affected by this action 
are party/charter vessels harvesting summer flounder, scup, and/or 
black sea bass. This action could affect any party/charter vessel 
holding a Federal permit for summer flounder, scup, and/or black sea 
bass, regardless of whether it is fishing in Federal or in state 
waters. The measures implemented through this final rule could affect 
694 vessels with a Federal charter/party permit for summer flounder, 
scup and/or black sea bass, but only 364 of these actively participated 
in the recreational summer flounder, scup, and/or black sea bass 
fisheries in 1999.
    The Council's analysis assessed various management measures and 
their impacts on revenues of party/charter vessels. Projected Marine 
Recreational Fisheries Statistics Survey (MRFSS) data indicate that 
1.626 million trips were taken by anglers aboard party/charter vessels 
in 2000 in the Northeast Region. The final 2001 summer flounder 
recreational measures are expected to affect about 2.64 percent of 
party/charter trips. Total potential revenue loss could be up to 
$1,677,586 (42,916 x $39.09), with an average potential revenue loss of 
up to $5,275 per vessel.
    Under the other summer flounder alternative (16-inch (40.64-cm) TL 
minimum fish size, three-fish possession limit, and an open season), 
about 2.72 percent of trips aboard party/charter vessels would be 
affected, assuming angler effort and catch rates in 2001 are similar to 
2000. Under this alternative, the average potential revenue loss per 
vessel would have been up to $5,435. This alternative was not selected 
because it has a greater negative economic impact than the selected 
alternative, and therefore does not minimize the economic impacts on 
small entities.
    Losses of these magnitudes are unlikely to occur, however, given 
that anglers will continue to have the ability to engage in catch-and-
release fishing for summer flounder and that other target species are 
available. Little information is available to estimate how sensitive 
the affected party/charter boat anglers might be to the proposed 
regulations. In addition, only 7.3 percent of recreational summer 
flounder landings come from the Exclusive Economic Zone (EEZ). Federal 
measures apply to federally permitted vessels wherever they fish. The 
states, through the Atlantic States Marine Fisheries Commission 
(Commission), have implemented different measures for summer flounder 
because the

[[Page 39291]]

Commission has adopted a reduction strategy (34-percent reduction in 
landings) different than that adopted by the Council (54-percent 
reduction in landings). Therefore, the demand for recreational party/
charter trips targeting summer flounder should not be significantly 
affected by these final measures, or the measures under the rejected 
alternative, and the economic impacts per vessel should be considerably 
less than estimated above.
    The status quo summer flounder alternative would have maintained a 
15.5-inch (39.37-cm) TL minimum fish size, an eight-fish possession 
limit, and an open season from May 10 to October 2. Although NMFS did 
not publish a final rule implementing these measures in the EEZ, most 
of the coastal states from Maine to North Carolina adopted these 
measures in 2000. Assuming that angler effort in 2001 is similar to 
that in 2000 and that catch rates remain constant, the status quo 
alternative would not affect any additional recreational fishing trips 
for summer flounder in 2001. This alternative was not selected because 
it does not achieve the recreational harvest limit that was consistent 
with the total allowable landings (TAL) established to comply with a 
Court Order.
    For scup, the final 2001 recreational measures will affect 
approximately 1.44 percent of the total angler trips taken aboard 
party/charter vessels in 2001, assuming catch rates and angler effort 
in 2001 are similar to those in 2000. Party/charter vessels could lose 
total revenues up to $915,058 as a result of these final measures, with 
an average potential revenue loss per vessel of up to $7,262.
    Measures proposed under the other scup alternative (a nine-inch 
(22.86-cm) TL minimum fish size, a 15-fish possession limit, and an 
open season from July 1 through September 29) would affect 
approximately 1.4 percent of the total angler trips taken aboard party/
charter boats in 2001. Under this alternative, the average potential 
revenue loss per vessel could be up to $7,104. This alternative was not 
selected because it did not maintain a higher possession limit, which 
industry testified was critical to charter vessel operations.
    Losses of these magnitudes are unlikely to occur, however, for the 
same reasons noted above for summer flounder. Furthermore, the states, 
through the Commission, have implemented alternative measures for scup. 
The Commission has required the states to reduce scup landings by only 
33 percent. While a larger portion of the recreational scup fishery 
occurs in the EEZ than in the case of summer flounder, only about 13.4 
percent of recreational scup landings come from the EEZ. Therefore, the 
demand for recreational party/charter trips targeting scup should not 
be significantly affected by these final measures, or the measures 
under the rejected alternative. Furthermore, the economic impacts per 
vessel should be considerably less than estimated above.
    The status quo alternative for scup would have maintained a 50-fish 
possession limit, a 7-inch (17.78-cm) TL minimum fish size, and no 
closed season. Although NMFS did not publish a final rule implementing 
these measures in the EEZ, most of the coastal states from Maine to 
North Carolina adopted these measures in 2000. Assuming that angler 
effort in 2001 is similar to that in 2000 and that catch rates remain 
constant, the status quo alternative would not affect any additional 
recreational fishing trips for scup in 2001. This alternative was not 
selected because it does not meet the goals and objectives of the FMP.
    For black sea bass, about 0.09 percent of the trips aboard party/
charter vessels in 2000 (1.626 million trips) will be affected by the 
final 2001 recreational measures, assuming catch rates and angler 
effort in 2001 are similar to those in 2000. These final measures could 
reduce total party/charter vessel revenues by up to $57,189, with an 
average potential revenue loss per vessel of up to $219.
    Under the other black sea bass alternative (a 10-inch (25.40-cm) 
TL, a 15-fish possession limit, and an open season from June 1 through 
November 25) about 0.83 percent of the trips aboard party/charter 
vessels would have been affected. Under this alternative, the average 
potential revenue loss per vessel could be up to $2,021. However, 
losses of these magnitudes are unlikely to occur for the same reasons 
noted earlier for summer flounder and scup. This alternative was not 
selected because it has a greater negative economic impact than the 
selected alternative, and therefore does not minimize the economic 
impacts on small entities.
    The status quo alternative for black sea bass would have maintained 
a 10-inch (25.4-cm) TL minimum fish, size with no size or possession 
limits. Although NMFS did not publish a final rule implementing these 
measures in the EEZ, most coastal states from Maine to North Carolina 
adopted these measures in 2000. Assuming angler effort in 2001 is 
similar to that in 2000 and catch rates remain constant, the status quo 
alternative would not affect any additional recreational fishing trips 
for black sea bass in 2001. This alternative was not selected because 
it did not meet the goals and objectives of the FMP.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 24, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 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. 648.14, paragraphs (a)(80) and (u)(2) are revised to 
read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (80) Possess scup in or harvested from the EEZ north of 
35 deg.15.3' N. lat. in an area closed, or before or after a season 
established pursuant to Sec. 648.122, or in excess of the possession 
limit established pursuant to Sec. 648.125.
* * * * *
    (u) * * *
    (2) Possess black sea bass in other than a box specified in 
Sec. 648.145(d) if fishing with nets having mesh that does not meet the 
minimum mesh-size requirement specified in Sec. 648.144 (a).
* * * * *

    3. Section 648.102 is revised to read as follows:


Sec. 648.102  Time restrictions.

    Unless otherwise specified in Sec.  648.107, vessels that are not 
eligible for a moratorium permit under Sec. 648.4 (a)(3) and fishermen 
subject to the possession limit may fish for summer flounder from May 
25 through September 4. This time period may be adjusted pursuant to 
the procedures in Sec. 648.100.

    4. In Sec. 648.103, paragraph (b) is revised to read as follows:


Sec. 648.103  Minimum fish sizes.

* * * * *
    (b) Unless otherwise specified in Sec. 648.107, the minimum size 
for summer flounder is 15.5 inches (39.37 cm) TL for all vessels that 
do not qualify for a moratorium permit, and charter boats holding a 
moratorium permit if fishing with more than three crew members, or 
party boats holding a moratorium permit if fishing with

[[Page 39292]]

passengers for hire or carrying more than five crew members.
* * * * *

    5. In Sec. 648.105, paragraph (a) is revised to read as follows:


Sec. 648.105  Possession restrictions.

    (a) Unless otherwise specified in Sec. 648.107, no person shall 
possess more than three summer flounder in, or harvested from the EEZ 
unless that person is the owner or operator of a fishing vessel issued 
a summer flounder moratorium permit, or is issued a summer flounder 
dealer permit. Persons aboard a commercial vessel that is not eligible 
for a summer flounder moratorium permit are subject to this possession 
limit. The owner, operator, and crew of a charter or party boat issued 
a summer flounder moratorium permit are subject to the possession limit 
when carrying passengers for hire or when carrying more than five crew 
members for a party boat, or more than three crew members for a charter 
boat. This possession limit may be adjusted pursuant to the procedures 
in Sec. 648.100.
* * * * *

    6. In Sec. 648.120, paragraph (a) is revised to read as follows:


Sec. 648.120  Catch quotas and other restrictions.

    (a) Annual review. The Scup Monitoring Committee shall review the 
following data, subject to availability, on or before August 15 of each 
year: Commercial and recreational catch data; current estimates of 
fishing mortality; stock status; recent estimates of recruitment; 
virtual population analysis results; levels of noncompliance by 
fishermen or individual states; impact of size/mesh regulations; impact 
of gear on the mortality of scup; and any other relevant information. 
This review will be conducted to determine the allowable levels of 
fishing and other restrictions necessary to achieve the F that produces 
the maximum yield per recruit (Fmax).
* * * * *

    7. In Sec. 648.122, the section heading is revised and paragraph 
(g) is added to read as follows:


Sec. 648.122  Time and area restrictions.

* * * * *
    (g) Time restrictions. Vessels that are not eligible for a 
moratorium permit under Sec. 648.4 (a)(6) and fishermen subject to the 
possession limit may fish for scup from August 15 through October 31. 
This time period may be adjusted pursuant to the procedures in 
Sec. 648.120.

     8. In Sec. 648.124, paragraph (b) is revised to read as follows:


Sec. 648.124  Minimum fish sizes.

* * * * *
    (b) The minimum size for scup is 9 inches (22.9 cm) TL for all 
vessels that do not have a moratorium permit, or for party and charter 
vessels that are issued a moratorium permit but are fishing with 
passengers for hire, or carrying more than three crew members if a 
charter boat, or more than five crew members if a party boat.
* * * * *

    9. In Sec. 648.125, paragraph (a) is revised to read as follows:


Sec. 648.125  Possession limit.

    (a) No person shall possess more than 50 scup in, or harvested from 
the EEZ unless that person is the owner or operator of a fishing vessel 
issued a scup moratorium permit, or is issued a scup dealer permit. 
Persons aboard a commercial vessel that is not eligible for a scup 
moratorium permit are subject to this possession limit. The owner, 
operator, and crew of a charter or party boat issued a scup moratorium 
permit are subject to the possession limit when carrying passengers for 
hire or when carrying more than five crew members for a party boat, or 
more than three crew members for a charter boat. This possession limit 
may be adjusted pursuant to the procedures in Sec. 648.120.
* * * * *

    10. Section 648.142 is revised to read as follows:


Sec. 648.142  Time restrictions.

    Vessels that are not eligible for a moratorium permit under 
Sec. 648.4 (a)(7) and fishermen subject to the possession limit may not 
fish for black sea bass from March 1 through May 9. This time period 
may be adjusted pursuant to the procedures in Sec. 648.140.

    11. In Sec. 648.143, the first sentence of paragraph (b) is revised 
to read as follows:


Sec. 648.143  Minimum sizes.

* * * * *
    (b) The minimum size for black sea bass is 11 inches (27.94 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. * * *
* * * * *

    12. In Sec. 648.145, the introductory paragraph is removed; 
existing paragraphs (a), (b) and (c) are redesignated as paragraphs 
(b),(c), and (d), respectively; and a new paragraph (a) is added to 
read as follows:


Sec. 648.145  Possession limit.

    (a) No person shall possess more than 25 black sea bass in, or 
harvested from the EEZ unless that person is the owner or operator of a 
fishing vessel issued a black sea bass moratorium permit, or is issued 
a black sea bass dealer permit. Persons aboard a commercial vessel that 
is not eligible for a black sea bass moratorium permit are subject to 
this possession limit. The owner, operator, and crew of a charter or 
party boat issued a black sea bass moratorium permit are subject to the 
possession limit when carrying passengers for hire or when carrying 
more than five crew members for a party boat, or more than three crew 
members for a charter boat. This possession limit may be adjusted 
pursuant to the procedures in Sec. 648.140.
* * * * *
[FR Doc. 01-18919 Filed 7-27-01; 8:45 am]
BILLING CODE 3510-22-S