[Federal Register Volume 66, Number 155 (Friday, August 10, 2001)]
[Rules and Regulations]
[Pages 42156-42162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20113]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010710173-1183-02; I.D. 070901C]
RIN 0648-AO91


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, Black Sea Bass, Loligo Squid, Illex Squid, Atlantic Mackerel, 
Butterfish, and Bluefish Fisheries; Framework Adjustment 1

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 42157]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement measures contained in 
Framework Adjustment 1 to the Atlantic Mackerel, Squid, and Butterfish; 
Summer Flounder, Scup, and Black Sea Bass; and Bluefish Fishery 
Management Plans (FMPs). This final rule modifies the quota-setting 
process to allow the Mid-Atlantic Fishery Management Council (Council) 
to set aside up to 3 percent of total allowable landings (TAL) 
specified for these species to be used for research purposes. This rule 
also announces that NMFS is deferring action on the tilefish portion of 
this rule until the regulations implementing the Tilefish FMP are 
effective. The intent of this action is to foster cooperative research 
efforts by fishermen and scientists, and to encourage the collection of 
information to improve management of these fisheries.

DATES: August 10, 2001.

ADDRESSES: Copies of Framework Adjustment 1 to the Atlantic Mackerel, 
Squid, and Butterfish; Summer Flounder, Scup, and Black Sea Bass; and 
Bluefish FMPs, its Environmental Assessment (EA), and Regulatory Impact 
Review (RIR) are available on request from Daniel T. Furlong, Executive 
Director, Mid-Atlantic Fishery Management Council, 300 South New 
Street, Dover, DE 19904-6790.

FOR FURTHER INFORMATION CONTACT: David M. Gouveia, Fishery Policy 
Analyst; (978) 281-9280; fax (978) 281-9135; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: Each of the FMPs includes an annual 
specification process, which provides that TAL and other measures be 
established to achieve the biological targets specified in the FMPs for 
each fishery. The annual harvest limits are determined by the Council, 
based on Technical Monitoring Committee recommendations. The Monitoring 
Committees generally meet in the summer to develop TAL recommendations 
and management measures for the upcoming fishing year that are 
necessary to achieve biological targets. The Council reviews the 
Monitoring Committees' recommendations and any public comments prior to 
submitting its recommendations to NMFS. NMFS then is responsible for 
reviewing the Council's recommendations and ensuring the management 
measures will have at least a 50-percent likelihood of achieving the 
biological targets for each of the respective fisheries.
    This action modifies the quota-setting process for the 
aforementioned fisheries by allowing the Council to expand its resource 
allocation scheme to include a quota allocation dedicated to research 
endeavors. This action will allow the Council to set aside up to 3 
percent of TAL in each of these fisheries to be used for research 
purposes, with the remaining portion of the TAL allocated as currently 
specified in the FMPs.
    Framework 1 provides a mechanism to fund research and compensate 
vessels through the sale of fish harvested under the research quota. 
This establishes an incentive for vessels to participate in research 
activities. In addition, this action provides researchers with a 
variety of options for conducting research. This action will allow: (1) 
Both recreational and commercial vessels to sell fish harvested under 
research quota (recreational vessels cannot otherwise sell fish); (2) 
research and commercial activities to be conducted separately, rather 
than on the same trip; and (3) researchers the option of harvesting up 
to 25 percent of the research quota allocated to species, even if the 
research did not directly involve that species. Funds generated through 
the sale of the research quota will help defray some of the costs 
associated with conducting research, such as decreased vessel 
efficiency, additional labor costs, and additional fuel and supplies.
    On an annual basis, the Council will request that NMFS solicit 
proposals from industry for the upcoming fishing year, based on 
research priorities identified by the Council. Each year, NMFS will 
publish a Request for Proposals (RFP) in the Federal Register, 
consistent with procedures and requirements established by the NOAA 
Grants Office. Prior to the Council's quota-setting meetings, which are 
conducted in the summer, NMFS will convene a review panel, including 
the Council's Comprehensive Management Committee (Committee)and 
technical experts, to review proposals submitted in response to the 
RFP. The Council has authorized the Committee members to act in their 
individual capacity on behalf of the Council to recommend which 
research proposals should be authorized to utilize the research quotas.
    It is anticipated that most proposals will request that vessels 
conducting research be exempt from certain management measures. To ease 
the burden on researchers, the analysis of the impacts associated with 
the anticipated exemptions will be included as part of the annual quota 
specification packages submitted by the Council. This process is 
intended to satisfy the analytical and public notice provisions of the 
Exempted Fishing Permit (EFP) regulations at 50 CFR 600.745. However, 
those individuals submitting proposals that include vessel activities 
that extend beyond the scope of the analysis provided by the Council 
may be required to provide additional analyses before issuance of an 
EFP will be considered. The final decision concerning the grant 
proposal will not be made by the NOAA Grants Office until NMFS' 
approval of the applicant's EFP request, if applicable.
    NMFS and the NOAA Grants Office will then consider the Committee's 
recommendations, provide final approval of the projects, and exempt 
selected vessel(s) from regulations specified in each of the respective 
FMPs through written notification to the project proponent. Research 
projects will be conducted in accordance with provisions approved by 
the NOAA Grants Office and provided in an EFP issued by NMFS. The grant 
awards approved under the RFPs will be for the upcoming fishing year, 
January 1 through December 31, annually. Proposals to fund research 
that would start prior to, or that would end after the fishing year, 
would not be eligible for consideration. All research and/or 
compensation trips must be completed within the fishing year for which 
the research grant was awarded. The review of proposals by NMFS and the 
NOAA Grants Office will be completed during the proposed rule comment 
period for the annual specifications. If any proposals are disapproved 
by NMFS and/or the NOAA Grants Office, NMFS will reallocate the 
disapproved research quota to the respective commercial and 
recreational fisheries.
    Framework 1, as submitted by the Council, also included the same 
modifications to the quota-setting process for the tilefish fishery. On 
May 11, 2001, NMFS approved the Tilefish FMP. However, the regulations 
implementing the Tilefish FMP have not yet been approved by NMFS. 
Therefore, NMFS is deferring action on the tilefish portion of 
Framework 1 until NMFS publishes the final regulations implementing the 
Tilefish FMP. The final rule implementing the Tilefish FMP will 
include, as part of its quota-setting process, a set-aside of up to 3 
percent of the tilefish TAL for research.
    The EA and RIR prepared for this action considered the potential 
impacts of this framework, although Framework 1 does not implement 
management measures. This action establishes a management system that 
will allow research set-aside quotas to be set annually as part of the 
Council's quota-

[[Page 42158]]

setting process. The amount of research set-aside quota available will 
range between 0 and 3 percent of each species' TAL, depending on the 
research proposals submitted in response to a solicitation for research 
proposals that will be published in the Federal Register, and the 
recommendation of the Council in the specification-setting process. 
Should proposals be disapproved by NMFS or the NOAA Grants Office, the 
research quota will be reallocated (i.e., added back into) the TAL. 
This action is not expected to result in negative short-term impacts to 
a significant number of vessels participating in the summer flounder, 
scup, black sea bass, Loligo squid, Illex squid, Atlantic mackerel, 
butterfish, and bluefish fisheries. Projects funded under the research 
set-aside will enhance the understanding of the resource and contribute 
to the body of information on which management decisions are made. 
Therefore, this action will yield positive long-term impacts as a 
result of the anticipated improvements to management provided by this 
action.

Abbreviated Rulemaking

    NMFS is revising the regulations under the framework abbreviated 
rulemaking procedures codified at 50 CFR part 648, subparts B, G, H, I 
and J. These procedures require the Council, when making specifically 
allowed adjustments to the regulations, to develop and analyze the 
actions over the span of at least two Council meetings. The Council 
must provide the public with advance notice of both the proposals and 
the analysis and with an opportunity to comment on them at the first 
meeting and before and at the second Council meeting. Upon review of 
the analysis and public comment, the Council may recommend to the 
Administrator, Northeast Region, NMFS, that the measures be published 
as a final rule if certain conditions are met. NMFS may publish the 
measures as a final rule, or as a proposed rule if additional public 
comment is necessary.
    The public was provided the opportunity to comment on the 
management measures contained in Framework 1 at the Council's October 
10-12, 2000; December 12-14, 2000; and February 6-8, 2001, meetings. 
Documents summarizing the Council's proposed action and the analysis of 
biological and economic impacts of this action and of alternative 
actions were available for public review at the December 12-14, 2000, 
meeting and prior to the final February 8, 2001, meeting, as is 
required under the framework adjustment procedures. Written comments 
could have been submitted by the public up to and during the final 
meeting. No comments were received.

Classification

    The Regional Administrator determined that this framework 
adjustment to the FMP is necessary for the conservation and management 
of the summer flounder, scup, black sea bass, Loligo squid, Illex 
squid, Atlantic mackerel, butterfish, and bluefish fisheries and that 
it is consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This notice contains collection-of-information requirements subject 
to the Paperwork Reduction Act. The submission requirements for 
research proposals are cleared under OMB Control Numbers 0348-0043, 
0348-0044, and 0648-0309.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the Paperwork 
Reduction Act, unless that collection displays a currently valid OMB 
control number.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553 et seq. or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Nevertheless, the impacts of this action on 
affected small entities were considered in the RIR contained in the 
supporting analyses for Framework 1. The impacts are described in the 
SUPPLEMENTARY INFORMATION section of the preamble to this final rule.
    This final rule modifies the quota-setting process to allow the 
Council to recommend, and for NMFS to set aside, up to 3 percent of TAL 
of the summer flounder, scup, black sea bass, Loligo squid, Illex 
squid, Atlantic mackerel, butterfish, and bluefish fisheries to be used 
for research purposes. This action is merely an authorization to allow 
for a research set-aside rather than an action to set aside TAL and 
does not, in itself, impose any new management measures. Pursuant to 5 
U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), 
finds that notice and opportunity to comment on this final rule is 
unnecessary and contrary to the public interest for several reasons. 
First, public meetings held by the Council to discuss the management 
system implemented by this final rule provided prior notice and 
opportunity for public comment. Additionally, the opportunity for 
public comment on fishery-specific research set-asides will be provided 
through the specifications process before any research set-aside 
becomes final. Thus, given the past and future opportunities to comment 
on this rule, an opportunity to provide comments at this time is 
unnecessary. Proposals for research under this framework must be 
submitted, considered and awarded before 2002, and the 2002 
specifications for the applicable fisheries must be in place with a 
research set-aside before any research can proceed. Accordingly, 
delaying the process to allow the public to comment at this time would 
be contrary to the public interest because it would delay the 
submission and review of research proposals associated with the 
research set-asides allowed by this action. For the same reasons, the 
AA has also determined that it is unnecessary and contrary to the 
public interest to delay for 30 days implementation of modifications to 
the quota-setting process associated with this final rule. Furthermore, 
because the regulation does not impose requirements on the public nor 
require the public to come into compliance with any regulation, a 30 
day delay will neither burden nor harm any member of the public and is 
therefore unnecessary.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 3, 2001.
John Oliver,
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, the introductory text to paragraphs (j), (k), 
(l), (m), (p), (q), (u), (v), and (w) is revised to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (j) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.100(f), 
it is unlawful for any person owning or operating a vessel issued a 
summer flounder permit (including a

[[Page 42159]]

moratorium permit) to do any of the following:
* * * * *
    (k) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.120(e), 
it is unlawful for any person owning or operating a vessel issued a 
scup permit (including a moratorium permit) to do any of the following:
* * * * *
    (l) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.120(e), 
it is unlawful for the owner or operator of a party or charter boat 
issued a scup permit (including a moratorium permit), when the boat is 
carrying passengers for hire or carrying more than three crew members 
if a charter boat or more than five members if a party boat to:
* * * * *
    (m) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.100(f), 
it is unlawful for the owner and operator of a party or charter boat 
issued a summer flounder permit (including a moratorium permit), when 
the boat is carrying passengers for hire or carrying more than three 
crew members if a charter boat or more than five members if a party 
boat, to:
* * * * *
    (p) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.21(g), 
it is unlawful for any person owning or operating a vessel issued a 
valid mackerel, squid, and butterfish fishery permit, or issued an 
operator's permit, to do any of the following:
* * * * *
    (q) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.21(g), 
it is unlawful for the owner and operator of a party or charter boat 
issued a mackerel, squid, and butterfish fishery permit (including a 
moratorium permit), when the boat is carrying passengers for hire, to 
do any of the following:
* * * * *
    (u) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.140(e), 
it is unlawful for any person owning or operating a vessel issued a 
black sea bass permit (including a moratorium permit) to do any of the 
following:
* * * * *
    (v) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.140(e), 
it is unlawful for the owner and operator of a party or charter boat 
issued a black sea bass permit (including a moratorium permit), when 
the boat is carrying passengers for hire or carrying more than three 
crew members if a charter boat or more than five members if a party 
boat, to:
* * * * *
    (w) In addition to the general prohibitions specified in Sec.  
600.725 of this chapter and in paragraph (a) of this section, unless 
participating in a research activity as described in Sec.  648.160(h), 
it is unlawful for any person to do any of the following:
* * * * *

    3. In Sec.  648.21, paragraphs (a), (b), and (c) are revised, and 
paragraph (g) is added to read as follows:


Sec.  648.21  Procedures for determining initial annual amounts.

    (a) Initial recommended annual specifications. The Atlantic 
Mackerel, Squid, and Butterfish Monitoring Committee (Monitoring 
Committee) shall meet annually to develop and recommend the following 
specifications for consideration by the Mackerel, Squid, and Butterfish 
Committee of the MAFMC:
    (1) Initial OY (IOY), including research quota (RQ), domestic 
annual harvest (DAH), and domestic annual processing (DAP) for the 
squids;
    (2) IOY, including RQ, DAH, DAP, and bycatch level of the total 
allowable level of foreign fishing (TALFF), if any, for butterfish; and
    (3) IOY, including RQ, DAH, DAP, joint venture processing (JVP), if 
any, and TALFF, if any, for mackerel. The Monitoring Committee may also 
recommend that certain ratios of TALFF, if any, for mackerel to 
purchases of domestic harvested fish and/or domestic processed fish be 
established in relation to the initial annual amounts.
    (b) Guidelines. As the basis for its recommendations under 
paragraph (a) of this section, the Monitoring Committee shall review 
available data pertaining to: Commercial, recreational, and research 
project landings; discards; current estimates of fishing mortality; 
stock status; the most recent estimates of recruitment; virtual 
population analysis results; levels of noncompliance by harvesters or 
individual states; impact of size/mesh regulations; results of a survey 
of domestic processors and joint venture operators of estimated 
mackerel processing capacity and intent to use that capacity; results 
of a survey of fishermen's trade associations of estimated mackerel 
harvesting capacity and intent to use that capacity; and any other 
relevant information. The specifications recommended pursuant to 
paragraph (a) of this section must be consistent with the following:
    (1) Squid. (i) The ABC for any fishing year must be either the 
maximum OY specified in Sec.  648.20, or a lower amount, if stock 
assessments indicate that the potential yield is less than the maximum 
OY.
    (ii) IOY is a modification of ABC based on social and economic 
factors. The IOY is composed of a RQ and DAH. RQ will be based on 
requests for research quota as described in paragraph (g) of this 
section. DAH will be set after deduction for RQ, if applicable.
    (2) Mackerel. (i) Mackerel ABC must be calculated using the formula 
ABC = T - C, where C is the estimated catch of mackerel in Canadian 
waters for the upcoming fishing year and T is the catch associated with 
a fishing mortality rate that is equal to Ftarget (F = 0.25) 
at an 890,000 mt spawning stock biomass (or greater) and decreases 
linearly to zero at a 450,000 mt spawning stock biomass (\1/2\ 
BMSY) or below.
    (ii) IOY is a modification of ABC, based on social and economic 
factors, and must be less than or equal to ABC.
    (iii) IOY is composed of RQ, DAH and TALFF. RQ will be based on 
requests for research quota as described in paragraph (g) of this 
section. DAH, DAP, and JVP will be set after deduction for RQ, if 
applicable, and must be projected by reviewing data from sources 
specified in paragraph (a) of this section and other relevant data, 
including past domestic landings, projected amounts of mackerel 
necessary for domestic processing and for joint ventures during the 
fishing year, projected recreational landings, and other data pertinent 
for such a projection. The JVP component of DAH is the portion of DAH 
that domestic processors either cannot or will not use. In addition, 
IOY is based on the criteria set forth in the Magnuson-Stevens Act, 
specifically section 201(e), and on the following economic factors:

[[Page 42160]]

    (A) Total world export potential of mackerel producing countries.
    (B) Total world import demand of mackerel consuming countries.
    (C) U.S. export potential based on expected U.S. harvests, expected 
U.S. consumption, relative prices, exchange rates, and foreign trade 
barriers.
    (D) Increased/decreased revenues to the United States from foreign 
fees.
    (E) Increased/decreased revenues to U.S. harvesters (with/without 
joint ventures).
    (F) Increased/decreased revenues to U.S. processors and exporters.
    (G) Increases/decreases in U.S. harvesting productivity due to 
decreases/increases in foreign harvest.
    (H) Increases/decreases in U.S. processing productivity.
    (I) Potential impact of increased/decreased TALFF on foreign 
purchases of U.S. products and services and U.S.-caught fish, changes 
in trade barriers, technology transfer, and other considerations.
    (3) Butterfish. (i) If the Monitoring Committee's review indicates 
that the stock cannot support a level of harvest equal to the maximum 
OY, the Monitoring Committee shall recommend establishing an ABC less 
than the maximum OY for the fishing year. This level represents the 
modification of maximum OY to reflect biological and ecological 
factors. If the stock is able to support a harvest level equivalent to 
the maximum OY, the ABC must be set at that level.
    (ii) IOY is a modification of ABC based on social and economic 
factors. The IOY is composed of a RQ, DAH, and bycatch TALFF that is 
equal to 0.08 percent of the allocated portion of the mackerel TALFF. 
RQ will be based on requests for research quota as described in 
paragraph (g) of this section. DAH and bycatch TALFF will be set after 
deduction for RQ, if applicable.
    (c) Recommended measures. Based on the review of the data described 
in paragraph (a) of this section and requests for research quota as 
described in paragraph (g) of this section, the Monitoring Committee 
will recommend to the Squid, Mackerel, and Butterfish Committee the 
measures from the following list that it determines are necessary to 
ensure that the specifications are not exceeded:
    (1) Research quotas set from a range of 0 to 3 percent of IOY.
    (2) Commercial quotas, set after reductions for research quotas.
    (3) The amount of Loligo and butterfish that may be retained, 
possessed and landed by vessels issued the incidental catch permit 
specified in Sec.  648.4(a)(5).
    (4) Commercial minimum fish sizes.
    (5) Commercial trip limits.
    (6) Commercial seasonal quotas/closures for Loligo and Illex.
    (7) Minimum mesh sizes.
    (8) Commercial gear restrictions.
    (9) Recreational harvest limit, set after reductions for research 
quotas.
    (10) Recreational minimum fish size.
    (11) Recreational possession limits.
    (12) Recreational season.
* * * * *
    (g) Research quota. Prior to the Council's quota-setting meetings:
    (1) NMFS will publish a Request for Proposals (RFP) in the Federal 
Register, consistent with procedures and requirements established by 
the NOAA Grants Office, to solicit proposals from industry for the 
upcoming fishing year, based on research priorities identified by the 
Council.
    (2) NMFS will convene a review panel including the Council's 
Comprehensive Management Committee, as well as technical experts, to 
review proposals submitted in response to the RFP.
    (i) Each panel member will recommend which research proposals 
should be authorized to utilize research quota, based on the selection 
criteria described in the RFP.
    (ii) The Regional Administrator and the NOAA Grants Office will 
consider each panel member's recommendation, provide final approval of 
the projects and exempt selected vessel(s) from regulations specified 
in each of the respective FMPs through written notification to the 
project proponent.
    (3) The grant awards approved under the RFPs will be for the 
upcoming fishing year. Proposals to fund research that would start 
prior to, or that would end after the fishing year, will not be 
eligible for consideration. All research and/or compensation trips will 
have to be completed within the fishing year for which the research 
grant was awarded.
    (4) Research projects will be conducted in accordance with 
provisions approved and provided in an Exempted Fishing Permit (EFP) 
issued by the Regional Administrator.
    (5) If a proposal is disapproved by the Regional Administrator or 
the NOAA Grants Office, the Regional Administrator will reallocate the 
disapproved research quota to the respective commercial and 
recreational fisheries during the proposed rule comment period for the 
annual specifications.
    (6) Vessels participating in approved research projects may be 
exempted from certain management measures by the Regional 
Administrator, provided that one of the following analyses of the 
impacts associated with the exemptions is provided:
    (i) The analysis of the impacts of the requested exemptions is 
included as part of the annual quota specification packages submitted 
by the Council; or
    (ii) For proposals that require exemptions that extend beyond the 
scope of the analysis provided by the Council, applicants may be 
required to provide additional analysis of impacts of the exemptions 
before issuance of an EFP will be considered, as specified in the EFP 
regulations at Sec.  648.745(b).

    4. In Sec.  648.100, paragraphs (a), (b), and (d) are revised, and 
paragraph (f) is added to read as follows:


Sec.  648.100  Catch quotas and other restrictions.

    (a) Annual review. The Summer Flounder Monitoring Committee shall 
review the following data on or before August 15 of each year to 
determine the allowable levels of fishing and other restrictions 
necessary to achieve, with at least a 50-percent probability of 
success, a fishing mortality rate (F) that produces the maximum yield 
per recruit (Fmax): Commercial, recreational, and research 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; sea sampling and winter trawl survey data or, if sea 
sampling data are unavailable, length frequency information from the 
winter trawl survey and mesh selectivity analyses; impact of gear other 
than otter trawls on the mortality of summer flounder; and any other 
relevant information.
    (b) Recommended measures. Based on this review and requests for 
research quota as described in paragraph (f) of this section, the 
Summer Flounder Monitoring Committee shall recommend to the Demersal 
Species Committee of the MAFMC and the Commission the following 
measures to ensure, with at least a 50-percent probability of success, 
that the F specified in paragraph (a) of this section will not be 
exceeded:
    (1) Research quota set from a range of 0 to 3 percent of the 
maximum allowed to achieve the specified F.
    (2) Commercial quota set from a range of 0 to the maximum allowed 
to achieve the specified F, set after reductions for research quota.
    (3) Commercial minimum fish size.
    (4) Minimum mesh size.
    (5) Recreational possession limit set from a range of 0 to 15 
summer flounder to achieve the specified F, set after reductions for 
research quota.
    (6) Recreational minimum fish size.

[[Page 42161]]

    (7) Recreational season.
    (8) Recreational state conservation equivalent and precautionary 
default measures utilizing possession limits, minimum fish sizes, and/
or seasons set after reductions for research quota.
    (9) Restrictions on gear other than otter trawls.
    (10) Adjustments to the exempted area boundary and season specified 
in Sec.  648.104(b)(1) by 30-minute intervals of latitude and longitude 
and 2-week intervals, respectively, based on data specified in 
paragraph (a) of this section, to prevent discarding of sublegal sized 
summer flounder in excess of 10 percent, by weight.
* * * * *
    (d) Commercial measures. After such review, NMFS will publish a 
proposed rule in the Federal Register on or about October 15 to 
implement a research quota, coastwide commercial quota, additional 
management measures for the commercial fishery, and recreational 
harvest limit. After considering public comment, NMFS will publish a 
final rule in the Federal Register to implement the measures necessary 
to ensure, with at least a 50-percent probability of success, that the 
applicable specified F will not be exceeded.
* * * * *
    (f) Research quota. See Sec.  648.21(g).

    5. In Sec.  648.120, paragraphs (a), (b) introductory text, (b)(1), 
(b)(4), and (c) are revised, and paragraph (e) is added 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. This review will be conducted to determine the allowable levels 
of fishing and other restrictions necessary to achieve an exploitation 
rate of 33 percent in 2001 and 19 percent in 2002 and thereafter: 
Commercial, recreational, and research 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.
    (b) Recommended measures. Based on this review and requests for 
research quota as described in paragraph (e) of this section, the Scup 
Monitoring Committee shall recommend the following measures to the 
Demersal Species Committee of the MAFMC and the Commission to ensure 
that the exploitation rate specified in paragraph (a) of this section 
will not be exceeded:
    (1) The commercial quota for each of the three periods specified in 
paragraph (d)(1) of this section, to be set from a range of 0 to the 
maximum allowed to achieve the specified exploitation rate, set after 
the deduction for research quota. The commercial quota will be 
established by estimating the annual total allowable catch (TAC), 
allocating it into the three periods, and deducting the discard 
estimates for each period.
* * * * *
    (4) Recreational possession limit set from a range of 0 to 50 scup 
to achieve the specified exploitation rate, set after the reduction for 
research quota.
* * * * *
    (c) Annual fishing measures. The Demersal Species Committee shall 
review the recommendations of the Scup Monitoring Committee. Based on 
these recommendations and any public comment, the Demersal Species 
Committee shall recommend to the MAFMC measures necessary to ensure 
that the specified exploitation rate will not be exceeded. The MAFMC 
shall review these recommendations and, based on these recommendations 
and any public comment, recommend to the Regional Administrator 
measures necessary to ensure that the specified exploitation rate will 
not be exceeded. The MAFMC's recommendation must include supporting 
documentation, as appropriate, concerning the environmental and 
economic impacts of the recommendations. The Regional Administrator 
shall review these recommendations and any recommendations of the 
Commission. After such review, NMFS will publish a proposed rule in the 
Federal Register by October 15 to implement: A research quota, a 
commercial quota, the amount of quota that would be allocated to each 
of the three periods, landing limits for the Winter I and Winter II 
periods, the percentage of landings attained during the Winter I 
fishery at which the landing limits would be reduced, a recreational 
harvest limit, and additional management measures for the commercial 
fishery. NMFS will publish a proposed rule in the Federal Register on 
or about March 1 to implement additional management measures for the 
recreational fishery, if the Regional Administrator determines that 
such measures are necessary to ensure that the specified exploitation 
rate will not be exceeded. After considering public comment, NMFS will 
publish a final rule in the Federal Register to implement the annual 
measures.
* * * * *
    (e) Research quota. See Sec.  648.21(g).
* * * * *

    6. In Sec.  648.140, paragraphs (a), (b) introductory text, (b)(1), 
(b)(6), and (c) are revised, and paragraph (e) is added to read as 
follows:


Sec.  648.140  Catch quotas and other restrictions.

    (a) Annual review. The Black Sea Bass Monitoring Committee will 
review the following data, subject to availability, on or before August 
15 of each year to determine the allowable levels of fishing and other 
restrictions necessary to result in a target exploitation rate of 37 
percent in 2001 and 2002; and 23 percent (based on Fmax) in 2003 and 
subsequent years: Commercial, recreational, and research 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; sea sampling and winter trawl survey data, or if sea 
sampling data are unavailable, length frequency information from the 
winter trawl survey and mesh selectivity analyses; impact of gear other 
than otter trawls, pots and traps on the mortality of black sea bass; 
and any other relevant information.
    (b) Recommended measures. Based on this review and requests for 
research quota as described in paragraph (e) of this section, the Black 
Sea Bass Monitoring Committee will recommend to the Demersal Species 
Committee of the Council and the Commission the following measures to 
ensure that the target exploitation rate specified in paragraph (a) of 
this section is not exceeded:
    (1) A commercial quota allocated to quarterly periods set from a 
range of 0 to the maximum allowed to achieve the specified target 
exploitation rate, set after the deduction for research quota.
* * * * *
    (6) A recreational possession limit set from a range of 0 to the 
maximum allowed to achieve the target exploitation rate, set after the 
reduction for research quota.
* * * * *
    (c) Annual fishing measures. The Demersal Species Committee shall 
review the recommendations of the Black Sea Bass Monitoring Committee. 
Based on these recommendations and any public comment, the Demersal 
Species Committee shall make its recommendations to the Council with

[[Page 42162]]

respect to the measures necessary to ensure that the target 
exploitation rate specified in paragraph (a) of this section is not 
exceeded. The Council shall review these recommendations and, based on 
the recommendations and public comment, make recommendations to the 
Regional Administrator with respect to the measures necessary to ensure 
that the target exploitation rate specified in paragraph (a) of this 
section is not exceeded. Included in the recommendation will be 
supporting documents, as appropriate, concerning the environmental and 
economic impacts of the proposed action. The Regional Administrator 
will review these recommendations and any recommendations of the 
Commission. After such review, NMFS will publish a proposed rule in the 
Federal Register by October 15 to implement a research quota, a 
commercial quota, a recreational harvest limit, and additional 
management measures for the commercial fishery. NMFS will publish a 
proposed rule in the Federal Register by on or about March 1 to 
implement additional management measures for the recreational fishery, 
if the Regional Administrator determines that such measures are 
necessary to ensure that the target exploitation rate specified in 
paragraph (a) of this section is not exceeded. After considering public 
comment, NMFS will publish a final rule in the Federal Register to 
implement the measures necessary to ensure that the target exploitation 
rate specified in paragraph (a) of this section is not exceeded.
* * * * *
    (e) Research quota. See Sec.  648.21(g).

    7. In Sec.  648.160, paragraphs (a), (b), (c), and (d) are revised, 
and paragraph (h) is added to read as follows:


Sec.  648.160  Catch quotas and other restrictions.

* * * * *
    (a) Annual review. On or before August 15 of each year, the 
Bluefish Monitoring Committee will meet to determine the total 
allowable level of landings (TAL) and other restrictions necessary to 
achieve the target fishing mortality rate (F) specified in the Fishery 
Management Plan for Atlantic Bluefish for the upcoming fishing year or 
the estimated F for the fishing year preceding the Council submission 
of the recommended specifications, whichever F is lower. In determining 
the TAL and other restrictions necessary to achieve the specified F, 
the Bluefish Monitoring Committee will review the following data, 
subject to availability: Commercial, recreational, and research 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; sea sampling data; impact of gear other than otter trawls 
and gill nets on the mortality of bluefish; and any other relevant 
information.
    (b) Recommended measures. Based on the annual review and requests 
for research quota as described in paragraph (h) of this section, the 
Bluefish Monitoring Committee shall recommend to the Coastal Migratory 
Committee of the Council and the Commission the following measures to 
ensure that the F specified in paragraph (a) of this section will not 
be exceeded:
    (1) A TAL set from a range of 0 to the maximum allowed to achieve 
the specified F.
    (2) Research quota set from a range of 0 to 3 percent of TAL.
    (3) Commercial minimum fish size.
    (4) Minimum mesh size.
    (5) Recreational possession limit set from a range of 0 to 20 
bluefish to achieve the specified F.
    (6) Recreational minimum fish size.
    (7) Recreational season.
    (8) Restrictions on gear other than otter trawls and gill nets.
    (c) Allocation of TAL--(1) Recreational harvest limit. A total of 
83 percent of the TAL will be allocated to the recreational fishery as 
a harvest limit. If research quota is specified as described in 
paragraph (h) of this section, the recreational harvest limit will be 
based on the TAL remaining after the deduction of the research quota.
    (2) Commercial quota. A total of 17 percent of the TAL will be 
allocated to the commercial fishery as a quota. If 17 percent of the 
TAL is less than 10.5 million lb (4.8 million kg) and the recreational 
fishery is not projected to land its harvest limit for the upcoming 
year, the commercial fishery may be allocated up to 10.5 million lb 
(4.8 million kg) as its quota, provided that the combination of the 
projected recreational landings and the commercial quota does not 
exceed the TAL. If research quota is specified as described in 
paragraph (h) of this section, the commercial quota will be based on 
the TAL remaining after the deduction of the research quota.
    (d) Annual fishing measures. The Council's Coastal Migratory 
Committee shall review the recommendations of the Bluefish Monitoring 
Committee. Based on these recommendations and any public comment, the 
Coastal Migratory Committee shall recommend to the Council measures 
necessary to ensure that the applicable specified F will not be 
exceeded. The Council shall review these recommendations and, based on 
the recommendations and any public comment, recommend to the Regional 
Administrator by September 1 measures necessary to ensure that the 
applicable specified F will not be exceeded. The Council's 
recommendations must include supporting documentation, as appropriate, 
concerning the environmental, economic, and social impacts of the 
recommendations. The Regional Administrator shall review these 
recommendations and any recommendations of the Commission. After such 
review, NMFS will publish a proposed rule in the Federal Register on or 
about October 15, to implement a research quota, a coastwide commercial 
quota, a recreational harvest limit, and additional management measures 
for the commercial and recreational fisheries to ensure that the 
applicable specified F will not be exceeded. After considering public 
comment, NMFS will publish a final rule in the Federal Register.
* * * * *
    (h) Research quota. See Sec.  648.21(g).
[FR Doc. 01-20113 Filed 8-9-01; 8:45 am]
BILLING CODE 3510-22-S