[Federal Register Volume 66, Number 224 (Tuesday, November 20, 2001)]
[Proposed Rules]
[Pages 58097-58105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28920]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 011109274-1274-01; I.D. 102501B]
RIN 0648-AP06


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; 2002 Specifications

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes specifications for the 2002 summer flounder, 
scup, and black sea bass fisheries. The implementing regulations for 
the Fishery Management Plan for the Summer Flounder, Scup, and Black 
Sea Bass Fisheries (FMP) require NMFS to publish specifications for the 
upcoming fishing year for each fishery and to provide an opportunity 
for public comment. NMFS requests comment on proposed management 
measures for the 2002 summer flounder, scup, and black sea bass 
fisheries. The intent of this action is to specify allowed harvest 
levels and other measures to address overfishing of the summer 
flounder, scup, and black sea bass resources.

DATES: Public comments must be received (see ADDRESSES) no later than 5 
p.m. eastern standard time on December 5, 2001.

ADDRESSES: Copies of supporting documents used by the Summer Flounder, 
Scup, and Black Sea Bass Monitoring Committees; the Environmental 
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA); and the Essential Fish Habitat Assessment are 
available from Patricia A. Kurkul, Regional Administrator, Northeast 
Region, National Marine Fisheries Service, One Blackburn Drive, 
Gloucester, MA 01930-2298. The EA/RIR/IRFA is accessible via the 
Internet at http:/www.nero.nmfs.gov/ro/doc/nero.html.
    Written comments on the proposed specifications should be sent to 
Patricia A. Kurkul at the same address. Mark on the outside of the 
envelope, ``Comments--2002 Summer Flounder, Scup, and Black Sea Bass 
Specifications.'' Comments may also be sent via facsimile (fax) to 
(978) 281-9371. Comments will not be accepted if submitted via e-mail 
or the Internet.

FOR FURTHER INFORMATION CONTACT: Richard A. Pearson, Fishery Policy 
Analyst, (978) 281-9279, fax (978) 281-9135, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The regulations implementing the FMP at 50 CFR part 648, subparts 
A, G, H, and I outline the process for specifying annually the catch 
limits for the summer flounder, scup and black sea bass commercial and 
recreational fisheries, as well as other management measures (e.g., 
mesh requirements, minimum fish sizes, gear restrictions and area 
restrictions) for these fisheries. These measures are intended to 
achieve the annual targets set forth for each species in the FMP, 
specified either as a fishing mortality rate (F) or an exploitation 
rate (the proportion of fish available at the beginning of the year 
that are removed by fishing during the year).
    The fisheries are managed cooperatively by the Mid-Atlantic Fishery 
Management Council (Council) and the Atlantic States Marine Fisheries 
Commission (Commission). A Monitoring Committee (MC) for each species, 
made up of members from NMFS, the Commission, and both the Mid-Atlantic 
and New England Fishery Management Councils, is required to review 
available information and to recommend catch limits and other 
management measures necessary to achieve the target F or exploitation 
rate for each fishery, as specified in the FMP. The Council's Demersal 
Species Committee and the Commission's Summer Flounder, Scup, and Black 
Sea Bass Board (Board) then consider the Monitoring Committee's 
recommendations and any public comment in making their recommendations. 
The Council and Board made their annual recommendations at a joint 
meeting held August 7-9, 2001. While the Board action is final, the 
Council recommendations must be reviewed by NMFS to assure that they 
comply with FMP objectives.
    On August 10, 2001, regulations were implemented under Framework 
Adjustment 1 to the FMP to allow the specification of quota set-asides 
to be used for research purposes. For the 2002 specifications, the 
Council recommended that 2 percent of the Total Allowable Landings 
(TAL) for summer flounder, and 3 percent of the TAL for scup and black 
sea bass, be set aside for scientific research purposes. A Request for 
Proposals has been published to solicit research proposals for 2002 
based on research priorities identified by the Council (66 FR 38636, 
July 25, 2001, and 66 FR 45668, August 29, 2001). The deadline for 
submission was September 14, 2001, and proposals are currently under 
review. For informational purposes, this proposed rule includes a 
statement indicating the amount of the research set-asides. The quota 
set-asides will be adjusted in the final rule establishing the annual 
specifications for the summer flounder, scup and black sea bass 
fisheries, consistent with projects forwarded to the NOAA Grants Office 
for award. If the total amount of the quota set-aside is not awarded, 
NMFS will publish a notice in the Federal Register to restore the 
unused set-aside amount to the TAL.

Summer Flounder

    The FMP specifies a target F for 2002 of FMAX--that is, 
the level of fishing that produces maximum yield per recruit. Best 
available data indicate that FMAX is currently equal to 0.26 
(equal to an exploitation rate of about a 22 percent from fishing). The 
total allowable landings (TAL) associated with the target F is 
allocated 60 percent to the commercial sector and 40 percent to the 
recreational sector. The commercial quota is allocated to the coastal 
states based upon percentage shares specified in the FMP.
    The status of the summer flounder stock is re-evaluated annually. 
The most recent assessment, updated by the Northeast Fisheries Science 
Center (NEFSC) Southern Demersal Working Group in June, 2001, indicated 
that the summer flounder stock is overfished and overfishing, as those 
terms are defined in the FMP, is occurring. This conclusion was derived 
from the fact that, in 2000, the estimated total stock biomass of 
46,400 mt was below the biomass threshold of 53,200 mt under which the 
stock is considered overfished (\1/2\ Bmsy), and the 
estimated F rate of 0.30 was 15-percent above the FMP overfishing 
definition of 0.26 (FMAX).
    However, the F of 0.30 estimated for 2000 represents a significant 
decline since 1994, when F was estimated to be 1.31. Total stock 
biomass has increased substantially from 39.7 million lb (18 million 
kg) in 1991 to 102.3 mlb (46.4 million kg) in 2000. Spawning stock 
biomass (SSB) has also increased

[[Page 58098]]

steadily from 20.51 million lb (9.32 million kg) in 1993 to 81.68 
million lb (37.05 million kg) in 2000, the highest value in the time 
series. Projections based on assumptions about future landings, 
discards, and recruitment to the stock, indicate that if the 2001 TAL 
is not exceeded, total stock biomass will exceed the biomass threshold 
(53,200 mt) under which the stock would be considered overfished in 
2001. When the total stock biomass is above this overfishing definition 
threshold, the stock will no longer be considered overfished, although 
it will still be below the amount (106,400 mt) necessary to produce 
maximum sustainable yield (Bmsy). Because the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
requires that stocks be rebuilt to a level that produces maximum 
sustainable yield (MSY), additional rebuilding of the stock will still 
be required.
    The Summer Flounder MC reviewed the stock status and projections 
based on these data and made a TAL recommendation to achieve the target 
F. The Summer Flounder MC recommended a TAL of 24.3 million lb (11.02 
million kg), which would be allocated 14.58 million lb (6.61 million 
kg) to the commercial sector and 9.72 million lb (4.40 million kg) to 
the recreational sector. This TAL was determined to have a 50-percent 
probability of achieving an F target of 0.26, as specified in the FMP, 
if the 2001 TAL and assumed discard levels are not exceeded.
    The Council and Board reviewed the Summer Flounder MC's 
recommendation and adopted it. The Council and Board also agreed to set 
aside 2 percent (485,943 lb (220,420 kg)) of the summer flounder TAL 
for research activities. After deducting the research set-aside, the 
TAL would be divided into a commercial quota of 14.29 million lb (6.48 
million kg) and a recreational harvest limit of 9.52 million lb (4.32 
million kg).
    In addition, the Commission is expected to maintain the voluntary 
measures currently in place to reduce regulatory discards that occur as 
a result of landing limits established by the states. The Commission 
established a system whereby 15 percent of each state's quota would be 
voluntarily set aside each year to enable vessels to land an incidental 
catch allowance after the directed fishery has been closed. The intent 
of the incidental catch set-aside is to reduce discards by allowing 
fishermen to land summer flounder caught incidentally in other 
fisheries during the year, while also ensuring that the state's overall 
quota is not exceeded. These Commission set-asides are not included in 
any tables in this document because NMFS does not have authority to 
establish such subcategories.
    NMFS proposes to implement the TAL recommended by the Council. The 
recreational harvest limit of 9.72 million lb (4.40 million kg) is 
allocated on a coastwide basis. The commercial quota of 14.58 million 
lb (6.61 million kg) is allocated to the states as shown in Table 1. 
Table 1 presents the allocations by state, with and without the 2-
percent research set-aside deduction. These state quota allocations are 
preliminary and subject to a reduction if there are overages in a 
state's 2001 harvest. Any adjustments based upon known 2001 overages 
will be published in the Federal Register in the final rule 
implementing these specifications. These and additional adjustments 
will be necessary as 2001 landings data are finalized. NMFS will 
publish any such adjustments in the Federal Register.

                      Table 1.--2002 Proposed Initial Summer Flounder State Commercial Quotas
----------------------------------------------------------------------------------------------------------------
                                                         Commercial quota            Commercial quota with  2%
                                                 --------------------------------       research set-aside
              State               Percent  share                                 -------------------------------
                                                        lb            kg \1\            lb            kg \1\
----------------------------------------------------------------------------------------------------------------
ME..............................         0.04756           6,933           3,145           6,795           3,082
NH..............................         0.00046              67              30              66              30
MA..............................         6.82046         994,306         451,010         974,420         441,989
RI..............................        15.68298       2,286,310       1,037,053       2,240,583       1,016,311
CT..............................         2.25708         329,044         149,258         322,463         146,267
NY..............................         7.64699       1,114,800         505,665       1,092,504         495,551
NJ..............................        16.72499       2,438,217       1,105,957       2,389,452       1,083,837
DE..............................         0.01779           2,593           1,176           2,542           1,153
MD..............................         2.03910         297,266         134,838         291,320         132,140
VA..............................        21.31676       3,107,619       1,409,592       3,045,466       1,381,400
NC..............................        27.44584       4,001,133       1,814,883       3,921,110       1,778,586
                                 -------------------------------------------------------------------------------
    Total.......................          100.00      14,578,288       6,612,600      14,286,721       6,480,348
----------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds and do not add to the converted total due to rounding.

Scup

    Scup was most recently assessed at the 31st Northeast Regional 
Stock Assessment Review Committee (SARC 31) in June 2000. SARC 31 
concluded that scup are overfished and that overfishing is occurring. 
Scup spawning stock biomass (SSB) is low. The Northeast Fisheries 
Science Center (NEFSC) spring survey 3-year average (1998 through 2000) 
for scup spawning stock biomass (SSB) was 0.10 SSB kg/tow, which is 
less than 5 percent of the index that defines the stock as overfished 
(2.77 kg/tow; the maximum NEFSC spring survey 3-year average of SSB). 
SARC 31 noted that the overall stock has a highly truncated age 
structure (i.e., there are fewer older fish than there would be in a 
healthy stock), which likely reflects prolonged high fishing mortality 
rates. SARC 31 also noted that F should be reduced substantially and 
immediately, and that a reduction in F from discards would have the 
most impact on rebuilding the stock, especially considering the 
importance of allowing recent year classes and all future good 
recruitment to contribute to rebuilding of the stock size and age 
structure.
    Since the SARC 31 Report, the Commission's Technical Committee has 
updated the state and Federal survey indices for scup, as well as 
discard estimates from sea sample and Vessel Trip Report (VTR) data. 
The surveys indicate an increase in stock abundance in recent years. 
The NEFSC spring survey results indicate that spawning stock abundance 
has increased each year since 1998. In addition, the NEFSC

[[Page 58099]]

autumn survey results for 2000 are the highest in the time series since 
1976. These survey results likely reflect the effects of a strong 1997 
year class and moderate to strong 1999 and 2000 year classes.
    The target exploitation rate for scup in 2001 was 33 percent. For 
2002, the FMP established a target exploitation rate of 21 percent. The 
total allowable catch (TAC) associated with a given exploitation rate 
is allocated 78 percent to the commercial sector and 22 percent to the 
recreational sector by the FMP. Scup discard estimates are deducted 
from both sector's TACs to establish TALs for each sector (TAC less 
discards = TAL). The commercial TAL is then allocated on a percentage 
basis to three quota periods, as specified in the FMP--Winter I 
(January-April)--45.11 percent; Summer (May-October)--30.95 percent; 
and Winter II (Nov-December)--15.94 percent.
    The proposed scup specifications for 2002 are based on the 
exploitation rate in the rebuilding schedule that was approved when 
scup was added to the FMP in 1996, prior to passage of the Sustainable 
Fisheries Act (SFA). Subsequently, to comply with the SFA amendments to 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the Council prepared Amendment 12, which proposed to 
maintain the existing rebuilding schedule for scup established by 
Amendment 8. On April 28, 1999, NMFS disapproved that rebuilding plan 
for scup because it did not comply with the Magnuson-Stevens Act. NMFS 
advised the Council that the exploitation rate portion of the 
overfishing definition (converted to an F) was conceptually sound, 
though somewhat risk-prone. However, given the abundance level of the 
stock, NMFS determined that the combination of the exploitation rates 
and the length of time to rebuilding made the degree of risk 
unacceptable that sufficient rebuilding would likely occur. Therefore, 
for the short term, the proposed scup specifications for 2002 are based 
on an exploitation rate that was found to be conceptually sound. NMFS 
believes that the long-term risks that were associated with the 
disapproved rebuilding plan do not apply to the proposed specifications 
since they apply only for 1 fishing year and will be reviewed, and 
modified as appropriate, by the Council and NMFS annually. Furthermore, 
setting the scup specifications using an exploitation rate of 21 
percent is a much more risk averse approach to managing this resource 
than not setting any specifications until the Council submits, and NMFS 
approves, a revised rebuilding plan that meets all Magnuson-Stevens Act 
requirements.
    In making its recommendation to the Council, the Scup MC reviewed 
the available data and concluded that scup abundance is likely to 
increase in 2002. Council staff made deterministic projections to 
estimate future expected NEFSC spring survey indices. This projection 
indicates that the spawning stock biomass (SSB) 3-year average index 
could increase from 0.25 in 1998-2000 to 0.457 in 1999-2001 (using a 
fully recruited F = 1, and partial recruitment and maturity vectors 
utilized in SAW 27). Assuming an average value in 2002 that is at least 
equal to the 2001 estimated average value of 0.457, then the target 
scup exploitation rate of 21 percent could be achieved with a 2002 TAL 
of 10.77 million lb (4.88 million kg), which is the level recommended 
by the Scup MC. Then, assuming the same level of discards as assumed 
for 2001 (2.15 million lb (0.97 million kg)), the Scup MC recommended a 
2002 TAC of 12.92 million lb (5.86 million kg). Based on the sector 
allocation specified in the FMP (commercial--78 percent; recreational--
22 percent), this results in a commercial TAC of 10.08 million lb (4.89 
million kg) and a recreational TAC of 2.84 million lb (1.29 million 
kg). Using the same commercial and recreational discards used for the 
2001 specifications (2.08 million lb (0.94 million kg) for the 
commercial sector, and 0.07 million lb (0.03 million kg) for the 
recreational sector), the Scup MC recommended a commercial TAL of 8.0 
million lb (3.63 million kg) and a recreational harvest limit of 2.77 
million lb (1.26 million kg).
    The Council and Board reviewed the Scup MC's recommendation and 
adopted it. The Council and Board also agreed to set aside 3-percent 
(323,100 lb (146,556 kg)) of the scup TAL for research activities. The 
TAL, after deducting the 3-percent research set-aside, would result in 
a commercial quota of 7.76 million lb (3.52 million kg) and a 
recreational harvest limit of 2.69 million lb (1.22 million kg).
    The 2002 commercial allocation recommended by the Council is shown, 
by period, in Table 2. Table 2 presents the allocations with, and 
without, the 3-percent research set-aside deduction. These 2002 
allocations are preliminary and would be subject to downward 
adjustment, as required by the FMP, for any landings in excess of quota 
allocation in 2001 that are found when final 2001 data are available (a 
quota overage).

                                       Table 2.--2002 Proposed Initial Commercial Scup Quota and Possession limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Commercial quota                Possession limits
                                                                                         ---------------------------------------------------------------
                 Period                       Percent         TAC \1\      Discards \2\    W/O 3%  set-    With 3%  set-
                                                                                               aside           aside            Lb              Kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I................................           45.11       4,546,735         936,935       3,608,800       3,500,536      10,000 \3\           4,536
                                                             (2,062,364)       (424,987)     (1,636,924)     (1,587,816)
Summer..................................           38.95       3,924,991         808,991       3,116,000       3,022,520            n/a*  ..............
                                                             (1,780,346)                     (1,413,394)     (1,370,992)
Winter II...............................           15.94       1,606,274         331,074       1,275,200       1,236,944           2,000             907
                                                               (728,594)       (150,173)       (578,421)       (561,068)
                                         ---------------------------------------------------------------------------------------------------------------
    Total \4\...........................          100.00      10,077,600       2,077,600       8,000,000       7,760,000  ..............  ..............
                                                             (4,571,122)       (942,383)     (3,628,739)     (3,519,877)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Total allowable catch, in pounds (kilograms in parentheses).
\2\ Discard estimates, in pounds (kilograms in parentheses).
\3\ The Winter I landing limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of the seasonal allocation.
\4\ Totals subject to rounding error.
* n/a--Not applicable


[[Page 58100]]

    To achieve the commercial quotas, the Council and Board recommended 
maintaining the Winter I (January-April) possession limit at 10,000 lb 
(4,536 kg) and the Winter II period (November-December) possession 
limit at 2,000 lb (907 kg). The Council and Board further recommended 
that the Winter I possession limit would be reduced to 1,000 lb (453.6 
kg) when 80 percent of the commercial quota is attained. The current 
regulations require a reduction of the Winter I possession limit when 
75 percent of the quota is attained.
    A modification of the existing minimum mesh size requirements for 
thedirected scup trawl fishery was also recommended by the Council and 
the Board to protect recent strong scup year classes. The 
recommendation was as follows: For large nets, no more than 25 meshes 
of 4.5-inch (11.43-cm) mesh in the codend with at least 100 meshes of 
5.0-inch (12.70-cm) mesh forward of the 4.5-inch (11.43-cm) mesh; and 
for small nets, 4.5-inch (11.43-cm) mesh or larger throughout. Small 
nets are defined as those having codends with less than 125 meshes.

Scup Disapproved Measure

    As noted previously, SARC 31 emphasized the need to reduce scup 
fishing mortality that results from discards. Gear Restricted Areas 
(GRAs) were established in 2000 (65 FR 33486, May 24, 2000, and 65 FR 
81761, Dec. 27, 2000) and 2001 (66 FR 12902, March 1, 2001) to reduce 
scup discard mortality in small-mesh fisheries. The GRAs prohibit trawl 
vessels from fishing for, or possessing, certain non-exempt species 
(Loligo squid, black sea bass and silver hake (whiting)) when fishing 
with mesh smaller than that required to fish for scup. For the 2002 
fishing year, the Scup MC considered the results from a research 
project that developed and analyzed specially-modified trawls for the 
purpose of reducing scup bycatch in Mid-Atlantic small-mesh fisheries 
and, possibly, eliminating the need for GRAs in the Mid-Atlantic Bight. 
Upon reviewing the draft final report of the research project, the Scup 
MC passed a motion recommending that GRAs continue for another year, 
due to the preliminary nature of the gear research. However, based upon 
the preliminary results of the gear research and the need to gather 
additional information, the Scup MC recommended that trawl vessels be 
allowed into the GRAs, provided that vessels utilize the modified trawl 
nets (possessing an escapement extension of 45 meshes of 5.5-inch 
(13.97-cm) square mesh between the body of the net and the codend), and 
provided the vessels had a NMFS-certified observer onboard to collect 
data from tows using the modified net.
    The Council and the Board did not accept the Scup MC's advice 
regarding the preliminary nature of the gear research and the 
recommendation to gather more information on the modified gear through 
use of observers. Instead, the Council and the Board recommended that 
vessels using small mesh be allowed into the GRAs without NMFS-
certified observers, provided they use modified trawl nets with an 
escapement extension (as described above).
    NMFS proposes to disapprove the Council and Board recommendation 
that would allow vessels to fish for non-exempt species with small mesh 
in the GRAs, provided they use the modified trawl gear, as described 
earlier. NMFS agrees with the Scup MC that the research upon which the 
Council's recommendation is based is too preliminary to simply exempt 
vessels fishing with the modified gear from the GRA requirements. Only 
17 alternate hauls were analyzed using the 5.5-inch (13.97-cm) square 
mesh extension. The sample size is not large enough to draw a 
definitive conclusion regarding the effectiveness of the gear 
modifications. Also, the sea trials were conducted outside of the GRAs, 
primarily in water depths less than 25 fathoms, whereas the actual GRAs 
range in depth from approximately 60 fathoms to 120 fathoms. The draft 
report upon which the Council's recommendation is based acknowledges 
that although, ``the results presented here indicate a strategy that 
may be useful in reducing scup bycatch, it does not necessarily follow 
that this solution will work for vessels of all sizes, in all areas or 
at all times.'' NMFS agrees. The research is too preliminary to 
universally exempt all vessels deploying the modified gear from the GRA 
requirements. Therefore, NMFS is disapproving the proposed exemption 
for the modified gear in the GRAs. However, NMFS believes that the gear 
modifications are a potential solution to the scup bycatch problem, and 
that additional work must be done to obtain information on the most 
appropriate gear modifications over a larger area and time.

Black Sea Bass

    Black sea bass was last assessed by the 27th Northeast Regional 
Stock Assessment Review Committee (SARC 27), with results published 
December 1998. SARC 27 indicated that black sea bass are over-exploited 
and at a low biomass level. However, relative exploitation rates, based 
on the total commercial and recreational landings and the moving 
average of the log-transformed spring survey index (an index based on 
scientific sampling of the distribution and relative abundance), 
indicate a significant reduction in mortality from 1998 through 2000 
relative to 1996 and 1997 levels.
    Results of the spring trawl survey conducted by the NEFSC indicate 
that stock size of black sea bass has increased in recent years. The 3-
year moving average of the log-transformed spring survey index for 1999 
through 2001 is 45 percent higher than the value for 1998 through 2000. 
In addition, black sea bass recruitment indices (fish  14 
cm) for 1999 and 2000 indicate that very large year classes were 
produced in those years. The 1999 recruitment index (0.700) is about 
three times the average for the period 1968 through 1998, and the 
fourth largest value in the time series. The 2000 index (2.782) is, by 
far, the highest in the time series. Preliminary results from the 2001 
NEFSC spring survey indicate that the 2001 year class was poor.
    The FMP specifies a target exploitation rate of 37 percent for 
2002. Although the exploitation rate for 2001 is uncertain, relative 
exploitation indices since 1998 are significantly lower than in the 
years before 1998. Based on length frequencies from the spring survey, 
and assuming a length at full recruitment of 25 cm, the estimated F was 
0.75 (48-percent exploitation rate) in 1998. If the 2002 NEFSC spring 
survey biomass index is at least equal to 0.3 kg/tow, and assuming an 
exploitation rate of 48 percent in 1998, the Black Sea Bass MC 
determined that the 2002 TAL could remain the same as the 2001 TAL 
(6.173 million lb (2.80 million kg)) and the exploitation rate could 
drop to 37 percent, the exploitation rate target specified in the FMP 
for 2002.
    The Black Sea Bass MC recommended that the 2002 TAL remain the same 
as in 2001--6.173 million lb (2.80 million kg). Other MC 
recommendations included: A reduction of the threshold triggering the 
minimum mesh-size requirement from 1,000 lb (453.6 kg) to 500 lb (226.8 
kg) for Quarter 1 (Jan. through March), and to 100 lb (45.3 kg) for 
Quarters 2 through 4 (April through Dec.); a change in the minimum 
black sea bass mesh size to be compatible with the scup minimum mesh 
size; and an increase in the minimum escape vent size for black sea 
bass pots and traps. In addition, the Black Sea Bass MC recommended 
that the black sea bass possession limits be reduced to 7,000 lb

[[Page 58101]]

(3,175 kg) in Quarter 1; 1,000 lb (453.6 kg) in Quarter 2; 500 lb 
(226.8 kg) in Quarter 3; and 750 lb (340.2 kg) in Quarter 4. The Black 
Sea Bass MC did not recommend an increase in the black sea bass minimum 
commercial fish size.
    At their August 2001 meeting, the Council and Board adopted the 
MC's recommended change to the minimum mesh threshold catch level to 
500 lb (226.8 kg) from January through March, and to 100 lb (45.3 kg) 
from April through December. The Council and the Board also adopted the 
MC's recommended escape vent sizes for pots (2 and \3/8\-inch circular, 
2-inch square), and traps (1 and \3/8\-inch x 5 and \3/4\-inch 
rectangle). The Council and Board recommended a slightly different 
trawl net minimum mesh size. The recommendation was that large trawl 
nets be required to have a minimum of 75 meshes of 4.5-inch (11.43-cm) 
diamond mesh in the codend, or that small nets possess at least 4.5-
inch (11.43-cm) diamond mesh throughout. Importantly, the Council and 
Board also recommended an increase in the minimum commercial fish size 
from 10 inches (25.4 cm) to 11 inches (27.9 cm). These measures were 
recommended by the Council and the Board to protect the very strong 
1999 and 2000 black sea bass year classes. The increase in minimum fish 
size will allow smaller fish to escape, grow, and reproduce. The 
increase in the minimum trawl net mesh size and in the size of escape 
vents in pots and traps will allow for greater escapement of sublegal 
fish from commercial gears.
    The Council and Board did not adopt the Black Sea Bass MC's TAL 
recommendation. Rather, the Council and Board recommended a TAL of 6.8 
million lb (3.08 million kg). Based upon this TAL, the commercial quota 
would be 3.33 million lb (1.51 million kg) and the recreational harvest 
limit would be 3.47 million lb (1.57 million kg). The rationale for 
this higher TAL is based upon the Council's and Board's recommendation 
to increase the black sea bass commercial minimum fish size from 10 
inches (25.4 cm) to 11 inches (27.9 cm), and to increase the black sea 
bass trawl net minimum mesh size and the minimum escape vent size for 
pots and traps. Although unquantifiable, the Council and Board stated 
that this combination of an increased minimum fish size and minimum net 
mesh size in 2002 will provide additional protection to recent strong 
year classes and, therefore, provide for an increase in exploitable 
biomass (an increase in TAL) in 2002, and beyond.
    The Council and Board recommended black sea bass possession limits 
of 7,000 lb (3175 kg) for Quarter 1, and 2,000 lb (907 kg) for Quarters 
2 through 4. The Council and Board also recommended a black sea bass 
research TAL set-aside of 3 percent (204,000 lb (92,533 kg)).
    The proposed initial 2002 black sea bass commercial quota and 
corresponding possession limits are shown in Table 3. Table 3 presents 
the allocations with, and without, the 3-percent research set-aside 
deduction. These allocations are preliminary and would be subject to 
downward adjustment, as required by the FMP, for any landings in excess 
of a period's quota allocation in 2001 that are found when final 2001 
data are available (a quota overage).

                       Table 3.--2002 Proposed Initial Black Sea Bass Quarterly Coastwide Commercial Quotas and Possession Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                 Possession limits
                                Quarter                                     Percent       W/O 3%  Set-    With 3%  Set-  -------------------------------
                                                                                           Aside \1\        Aside \1\           Lb              kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
1  (Jan-Mar)..........................................................           38.64       1,287,485        1,248,860            7,000
                                                                                              (583,993)        (566,473)           3,175
2  (Apr-Jun)..........................................................           29.26         974,943          945,695            2,000
                                                                                              (442,227)        (428,960)             907
3  (Jul-Sep)..........................................................           12.33         410,836          398,511            2,000
                                                                                              (186,352)        (180,761)             907
4  (Oct-Dec)..........................................................           19.77         658,736          638,974            2,000
                                                                                              (298,798)        (289,834)             907
                                                                       ---------------------------------------------------
    Total.............................................................          100.00       3,332,000        3,232,040
                                                                                            (1,511,370)      (1,466,029)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Commercial Quotas in pounds (kilograms in parentheses).

Measure of Particular Concern

    At the August, 2001 Council and board meeting, there was 
considerable debate about appropriate escape vent sizes for an 11-inch 
minimum black sea bass fish size. NMFS is specifically seeking industry 
comment on this subject through this proposed rule.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council prepared an Initial Regulatory Flexibility Analysis 
(IRFA) that describes the economic impact this proposed rule, if 
adopted, would have on small entities.
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble to this rule. 
This proposed rule does not duplicate, overlap, or conflict with other 
Federal rules. There are no new reporting or recordkeeping requirements 
contained in the Preferred Alternative or any of the alternatives 
considered for this action. A copy of the complete IRFA can be obtained 
from the Northeast Regional Office of NMFS (see ADDRESSES) or via the 
Internet at http:/www.nero.nmfs.gov. A summary of the analysis follows.
    Table 4 provides a summary of the unadjusted 2002 alternatives for 
the coastwide commercial quotas with the unadjusted 2001 quotas. 
Alternative 1 analyzed the economic impacts of the harvest limits 
proposed by the Council and Board for summer flounder, scup, and black 
sea bass on vessels that are permitted to catch any of these three 
species. Alternative 2 analyzed the economic impacts if the harvest 
limits remained the same as in 2001 (status quo)--this is the most 
restrictive alternative and would result in the greatest reductions in 
landings, relative to 2000 (the last year for which complete landing 
data is available), for all species. Alternative 3 analyzed the 
economic impacts of increased harvest levels--those that would result 
in the greatest increases in landings for all species. Alternative 3 
resulted in the highest possible landings for 2002,

[[Page 58102]]

although it would likely exceed the biological targets specified in the 
FMP.

 Table 4.--Comparison of the Alternatives of Coastwide Commercial Quota Combinations Reviewed--``FLK'' Is Summer
                                                    Flounder
----------------------------------------------------------------------------------------------------------------
                                                                                       Quota
                                                                                   specification
                                                                                       as a
                                                                    Commercial     proportion of      Percent
                                                                       quota         the 2001         change
                                                                                    quotas (not
                                                                                     adjusted)
----------------------------------------------------------------------------------------------------------------
                                   Quota Alternative 1 (Preferred Alternative)
----------------------------------------------------------------------------------------------------------------
FLK Preferred Alternative.......................................      14,578,288           1.356           34.64
Scup Preferred Alternative......................................       8,000,000           1.799           79.99
Black Sea Bass Preferred Alternative............................       3,332,000           1.101           10.15
----------------------------------------------------------------------------------------------------------------
                               Quota Alternative 2 (Status Quo, Most Restrictive)
----------------------------------------------------------------------------------------------------------------
FLK Status Quo..................................................      10,747,535               1               0
Scup Status Quo.................................................       4,444,600               1               0
Black Sea Bass Status Quo.......................................       3,024,770               1               0
----------------------------------------------------------------------------------------------------------------
                                     Quota Alternative 3 (Least Restrictive)
----------------------------------------------------------------------------------------------------------------
FLK Non-Selected Alternative 3..................................      20,878,658           1.942           94.26
Scup Non-Selected Alternative 3.................................       9,530,000           2.144          114.41
Black Sea Bass Non-Selected Alternative 3.......................       3,970,960           1.312           31.28
----------------------------------------------------------------------------------------------------------------

    The categories of small entities likely to be affected by this 
action include commercial and charter/party vessel owners holding an 
active Federal permit for summer flounder, scup, or black sea bass, as 
well as owners of vessels that fish for any of these species in state 
waters. The Council estimates that the proposed 2002 quotas could 
affect 1,969 vessels with a Federal summer flounder, scup, and/or black 
sea bass permit, as of September 5, 2000. However, the more immediate 
impact of this rule will likely be felt by the 1,038 vessels that 
actively participated (i.e., landed these species) in these fisheries 
in 2000, including vessels holding only state permits.
    The Council's analysis of the harvest limits in Alternative 1 
(Preferred Alternative) indicated that these harvest levels would 
produce a revenue increase for any of the 1,038 commercial vessels 
expected to be impacted by this rule. All 1,038 vessels expected to be 
impacted by this rule were projected to incur a revenue increase under 
Alternative 1.
    The Council also analyzed changes in total gross revenue that would 
occur as a result of the quota alternatives. Assuming 2000 ex-vessel 
prices (summer flounder--$1.65/lb; scup--$1.25/lb; and black sea bass--
$1.79/lb) and the effect of potential changes in prices due to changes 
in landings in 2002 versus 2001, the 2002 quotas in Preferred 
Alternative 1 (after overages have been applied) would increase summer 
flounder, scup, and black sea bass ex-vessel revenues by approximately 
$5.4 million, $6.2 million, and $0.9 million, respectively, relative to 
2000 revenues for a total revenue increase of $12.5 million.
    If the increase in summer flounder total gross revenue associated 
with the Preferred Alternative is distributed equally between the 795 
vessels that landed summer flounder in 2000, the average increase in 
gross revenue associated with the summer flounder quota in the 
Preferred Alternative is $6,792 per vessel. If the increase in scup 
total gross revenue associated with the Preferred Alternative is 
distributed equally between the 425 vessels that landed scup in 2000, 
the average increase in gross revenue associated with the scup quota in 
the Preferred Alternative is $14,588 per vessel and, similarly, if the 
increase in black sea bass total gross revenue associated with the 
Preferred Alternative is distributed equally between the 723 vessels 
that landed black sea bass in 2000, the average increase in gross 
revenue associated with the black sea bass quota in the Preferred 
Alternative is $1,245 per vessel.
    The Council's analysis of Alternative 2 (status quo--most 
restrictive harvest limits) indicated that these harvest limits would 
not produce a revenue loss for most of the 1,038 commercial vessels 
expected to be impacted by this rule. Twenty-nine of the 1,038 
commercial vessels expected to be impacted by this rule would 
experience a minimal revenue loss. Twenty-seven of the vessels with 
projected revenue losses landed black sea bass only, one vessel landed 
black sea bass and summer flounder, and one vessel landed summer 
flounder, scup and black sea bass. Five vessels would experience no 
change in revenue under Alternative 2, while 1,004 vessels would 
experience an increase in revenue.
    An analysis of changes in total gross revenue associated with 
Alternative 2 indicated that the 2002 quotas would increase summer 
flounder, scup, and black sea bass ex-vessel revenues by approximately 
$0.9 million, $1.7 million, and $0.4 million, respectively, relative to 
2000 revenues for a total revenue increase of $3.0 million.
    If the increase in total gross revenue associated with the summer 
flounder quota in Alternative 2 is distributed equally between the 795 
vessels that landed summer flounder in 2000, the average increase in 
gross revenue associated with the summer flounder quota in Alternative 
2 is $1,132 per vessel. If the increase in total gross revenue 
associated the scup quota in Alternative 2 is distributed equally 
between the 425 vessels that landed scup in 2000, the average increase 
in gross revenue associated with the scup quota in Alternative 2 is 
$4,000 per vessel and, similarly, if the increase in black sea bass 
total gross revenue associated with Alternative 2 is distributed 
equally between the 723 vessels that landed black sea bass in

[[Page 58103]]

2000, the average increase in gross revenue associated with the black 
sea bass quota in Alternative 2 is $553 per vessel.
    The Council's analysis of Alternative 3 (least restrictive harvest 
limits) indicated that these harvest levels would produce a revenue 
increase for any of the 1,038 commercial vessels expected to be 
impacted by this rule.
    An analysis of changes in total gross revenue associated with 
Alternative 3 indicated that the 2002 quotas (after overages have been 
applied) would increase summer flounder, scup, and black sea bass ex-
vessel revenues by approximately $15.8 million, $8.1 million, and $2.1 
million, respectively, relative to 2000 revenues for a total revenue 
increase of $26.0 million.
    If the increase in summer flounder total gross revenue associated 
with Alternative 3 is distributed equally between the 795 vessels that 
landed summer flounder in 2000, the average increase in gross revenue 
associated with the summer flounder quota in Alternative 3 is $19,874 
per vessel. If the increase in scup total gross revenue is distributed 
equally between the 425 vessels that landed scup in 2000, the average 
increase in gross revenue associated with the scup quota in Alternative 
3 is $19,059 per vessel. Similarly, if the increase in total gross 
revenue associated with the black sea bass quota in Alternative 3 is 
distributed equally between the 723 vessels that landed black sea bass 
in 2000, the average increase in gross revenue associated with the 
black sea bass quota in Alternative 3 is $2,905 per vessel.
    The Council also prepared an analysis of the alternative 
recreational harvest limits. The 2002 recreational harvest limits were 
compared with previous years through 2000, the most recent year with 
complete recreational data.
    Landing statistics from the last several years show that 
recreational summer flounder landings have generally exceeded the 
recreational harvest limits, ranging from 5 percent in 1993 to 221 
percent in 2000. In 2000, the recreational landings were 15.82 million 
lb (7.17 million kg) compared to a harvest limit of 7.16 million lb.
    For summer flounder, the 2002 preferred recreational harvest limit 
of 9.72 million lb (4.41 million kg) in Alternative 1 is greater than 
the recreational harvest limits for the years 1995 through 2001. 
However, the 2002 recreational harvest limit in Preferred Alternative 1 
would be a decrease of about 38 percent from 2000 recreational 
landings. Alternative 2 recreational harvest limit of 7.16 million lb 
(3.25 million kg) in 2002 would be the same harvest level that was 
implemented in 2001. It is approximately 8.66 million lb (3.93 million 
kg) less than estimated recreational landings for 2000. Alternative 3 
recreational harvest limit of 13.90 million lb (6.30 million kg) in 
2002 is 1.92 million lb (0.87 million kg) below estimated 2000 
recreational landings. If either Alternative 1, 2, or 3 is chosen, it 
is possible that more restrictive management measures may be required 
to prevent anglers from exceeding the 2002 recreational harvest limit, 
depending upon the effectiveness of the 2001 recreational management 
measures. More restrictive regulations could affect demand for party/
charter boat trips. However, party/charter activity in the 1990s has 
remained relatively stable, so the effects may be minimal. The effect 
of greater recreational restrictions is not known at this time. The 
Council intends to recommend specific measures to attain the 2002 
summer flounder recreational harvest limit in December 2001, and will 
provide additional analysis of the measures upon submission of its 
recommendations early in 2002.
    Scup recreational landings declined over 89 percent for the period 
1991 to 1998, then increased by 448 percent from 1998 to 2000. In 2000, 
recreational landings were 5.18 million lb (2.35 million kg). Under 
Preferred Alternative 1, the scup recreational harvest limit for 2002 
would be 2.77 million lb (1.26 million kg). This is a 46 percent 
decrease from 2000 recreational landings. However, it is about 52 
percent higher than the scup recreational harvest limit in 2001. 
Alternative 2 recreational harvest limit of 1.77 million lb (0.80 
million kg) in 2002 would be the same harvest level that was 
implemented in 2001. It is a decrease of about 3.41 million lb (1.54 
million kg) from 2000 estimated recreational landings. Alternative 3 
scup recreational harvest limit of 3.2 million lb (1.45 million kg) in 
2002 is 1.43 million lb (0.65 million kg) higher than the 2001 
recreational harvest limit for 2001, and 1.98 million lb (0.90 million 
kg) below 2000 recreational landings. With either Alternative 1, 2 or 
3, it is possible that more restrictive management measures may be 
required to prevent anglers from exceeding the 2002 recreational 
harvest limit, depending upon the effectiveness of the 2001 
recreational management measures. The effect of greater restrictions on 
scup party/charter boats is unknown at this time. The Council intends 
to recommend specific measures to attain the 2002 scup recreational 
harvest limit in December 2001, and will provide additional analysis of 
the measures upon submission of its recommendations early in 2002.
    Black sea bass recreational landings increased slightly from 1991 
to 1995. Landings decreased considerably from 1996 to 1999, and then 
substantially increased in 2000. In 2000, recreational landings were 
3.62 million lb. For the recreational fishery, the 2002 harvest limit 
under Alternative 1 is 3.47 million lb (1.57 million kg). This is 
nearly identical to the 2000 recreational landings estimate. Therefore, 
it is not expected to result in negative economic impacts on the 
recreational fishery. Under Alternative 2 (3.15 million lb (1.43 
million kg)), recreational landings would be 0.5 million lb (0.23 
million kg) lower than the 2000 landings estimate. As such, this 
alternative could cause some negative economic impacts, depending upon 
the effectiveness of the 2001 recreational black sea bass measures. The 
recreational harvest limit under Alternative 3 (4.13 million lb (1.87 
million kg)) is 14-percent higher than the 2000 recreational landings 
estimate. Alternative 3 would likely result in positive economic 
impacts on the recreational fishery. The Council intends to recommend 
specific measures to attain the 2002 black sea bass recreational 
harvest limit in December 2001, and will provide additional analysis of 
the measures upon submission of its recommendations early in 2002.
    The effects of the existing GRAs are fully described in the 
proposed rule (65 FR 71046, November 28, 2000) and the final rule (66 
FR 12910, March 1, 2001) implementing the 2001 specifications. Those 
impacts are not repeated here. The impacts of the GRAs are expected to 
remain unchanged in 2002 with disapproval of the Council's 
recommendation to allow vessels using small-mesh to fish for non-exempt 
species in the GRAs provided the vessels use a 5.5-inch (13.97-cm) 
square mesh extension between the body and codend of the trawl net.
    The 80-percent landing trigger proposed for the scup Winter I 
period would decrease the landing limit from 10,000 lb (4,536 kg) to 
1,000 lb (453 kg) per trip. A 75-percent trigger was used in 2001. The 
80-percent trigger is expected to decrease landings early enough in the 
period to allow for the equitable distribution of the quota over the 
Winter I period. This measure is not expected to have a major negative 
effect on landings during the period, because it is not a major change 
from the 2001 measure.

[[Page 58104]]

    Current scup minimum mesh regulations require the use of 4.5-inch 
(11.43-cm) mesh in the codend of the net for vessels possessing more 
than the threshold amount of scup ((500 lbs (226.8 kg) from November 
through April; 100 lbs (45.3 kg) from May through October). For 2002, 
this action proposes that the threshold amount remain unchanged, but 
that the scup net provisions be modified to require large nets to have 
no more than 25 meshes of 4.5-inch (11.43-cm) mesh in the codend with 
at least 100 meshes of 5.0-inch (12.7-cm) mesh forward of the 4.5-inch 
(11.43-cm) mesh and small nets to have at least 4.5-inch (11.43-cm) 
mesh throughout. The 5.0-inch (12.7-cm) mesh forward of the 4.5-inch 
(11.43-cm) mesh is expected to allow for additional escapement of 
undersized scup, that would otherwise be discarded, to escape, and 
provide for a future increase in exploitable biomass. This measure is, 
therefore, not expected to reduce landings of scup or revenues derived 
from scup. The costs associated with gear conversion are expected to 
range from $775.00 to $1,354.00 per net.
    In 2001, the black sea bass trip limits were 9,000 lb (4082.3 kg); 
1,500 lb (680.4 kg); 1,000 lb (453.6 kg); and 2,000 lb (907.2 kg) for 
Quarters 1 through 4, respectively. For 2002, this action proposes to 
change the trip limits to 7,000 lb (3,175.1 kg) for Quarter 1; and 
2,000 lb (907.2 kg) for Quarters 2, 3, and 4. The change proposed for 
Quarter 1 is the only change that lowers the possession limit from 
2001. It is not expected to have a negative impact, because only one 
vessel is reported to have landed more than 7,000 lb in one trip during 
the 2000 fishing year. Raising the possession limit in Quarters 2 and 3 
may cause the quarterly quota to be landed sooner, thereby closing the 
black sea bass fishery for a longer period of time. The possession 
limits were chosen as an appropriate balance between the economic 
concerns of the industry (e.g., landing enough fish to make the the 
trip economically viable) and the need to ensure an equitable 
distribution of the quota over the entire period.
    This action proposes an increase of the minimum black sea bass fish 
size in the commercial fishery, from 10 inches (25.4 cm) to 11 inches 
(27.9 cm). The bulk of the black sea bass landed in 2000 corresponded 
to the medium and large size categories. A change in the black sea bass 
size limit would reduce landings of small fish, thus, shifting a 
portion of the black sea bass landings from small size category fish to 
medium size category. Price differentials in 2000 were substantial 
between small ($1.05) and medium ($1.47) black sea bass. Therefore, if 
2000 price patterns continue in 2002, fishermen will benefit from this 
change.
    This action also proposes changes in trawl minimum mesh size and 
escape vent sizes for pots and traps. In addition, a threshold of 500 
pounds (226.8 kg) from January through March, and 100 pounds (45.3 kg) 
from April through December to trigger the minimum mesh size is 
proposed. The costs associated with black sea bass gear conversion are 
expected to range from $775.00 to $1,354.00 per net. The cost of 
replacing escape vents is expected to be minimal. According to 
anecdotal evidence, some commercial pot and trap black sea bass 
fishermen are already using these size escape vents.
    The impacts of the summer flounder research set-aside in the 
Preferred Alternative are expected to be as follows. The set-aside 
could be worth as much as $801,900 dockside based on a 2000 price of 
$1.65 per pound. Assuming an equal reduction amongst all active vessels 
(i.e., 795 vessels that landed summer flounder in 2000), this could 
mean a reduction of about $1,000 per individual vessel. Changes in the 
summer flounder recreational harvest limit as a result of the 2-percent 
research set-aside are not expected to be significant. The research 
set-aside would reduce the recreational harvest limit from 9.718 
million lb (4.41 million kg) to 9.524 million lb (4.32 million kg), 
representing a 2-percent decrease, if 2-percent of the TAL is used for 
research. It is unlikely that the recreational possession, size or 
seasonal limits would change as the result of the research set-aside. 
Overall, long term benefits are expected as a result of the research 
set-aside due to improved summer flounder data.
    The impacts of the scup research set-aside on the preferred 
Alternative are expected to be as follows. The set-aside could be worth 
as much as $403,875 dockside based on a 2000 price of $1.25 per pound. 
Assuming an equal reduction for all active commercial vessels (i.e., 
425 vessels that landed scup in 2000), this could mean a reduction of 
about $950 per vessel. Changes in the scup recreational harvest limit 
would be insignificant. The 3-percent research set-aside would reduce 
the scup recreational harvest limit from 2.770 million lb (1.26 million 
kg) to 2.687 million lb (1.22 million kg), a 3-percent decrease, if 3-
percent of the TAL is used for the research set-aside. It is unlikely 
that scup recreational possession, size or seasonal limits would change 
as the result of the research set-aside. Overall, long term benefits 
are expected as a result of the research set-aside due to improved scup 
data.
    The impacts of the black sea bass research set-aside are expected 
to be as follows. The set-aside could be worth as much as $365,160 
dockside based on a 2000 price of $1.79 per pound. Assuming an equal 
reduction for all active commercial vessels (i.e., 723 vessels that 
caught black sea bass in 2000), this could mean a reduction of about 
$505 per vessel. Changes in the black sea bass recreational harvest 
limit would be minimal. The 3-percent research set-aside would reduce 
the black sea bass recreational harvest limit from 3.468 million lb 
(1.57 million kg) to 3.364 million lb (1.52 million kg), a 3-percent 
decrease, if 3 percent of the TAL is used for research. It is unlikely 
that the black sea bass possession, size or seasonal limits would 
change as the result of this research set aside. Overall, long term 
benefits are expected as a result of the research set-aside due to 
improved black sea bass data.
    Regarding the research set-asides for summer flounder, scup, and 
black sea bass, it should again be noted that if the total amount of 
quota set-aside is not awarded for any of the three fisheries, the 
unused set-aside amount will be restored to the appropriate fishery's 
TAL. Also, participants having access to the quota set asides will be 
able to sell their catch. Therefore, total revenues in any of the three 
given fisheries should be the same or nearly so, whether or not 
research set-asides are awarded.
    In summary, the commercial quotas and recreational harvest limits 
contained in the Preferred Alternatives would result in increases in 
landings and revenues for each of the species, most notably for summer 
flounder and scup, yet still achieve the fishing mortality and 
exploitation targets specified in the FMP. While the commercial quotas 
and recreational harvest limits specified in Alternative 3 would 
provide for even larger increases in landings and revenues, they would 
not achieve the fishing mortality and exploitation targets specified in 
the FMP. The proposed possession limits for scup and black sea bass 
were chosen to balance the need to provide for economically viable 
fishing trips with the need to ensure an equitable distribution of the 
quota over the entire period. The proposed gear modifications in the 
black sea bass fishery (increased minimum trawl mesh size and pot/trap 
escape vents) will impose initial compliance costs, but they were 
deemed necessary to complement the increase in minimum commercial fish 
size and an increase in the black sea bass TAL.

[[Page 58105]]

Similarly, the proposed modification to scup trawl nets will impose 
initial compliance costs, but will allow for additional escapement of 
undersized fish and provide for future increases in exploitable 
biomass. The economic effects of the existing GRAs will not change as a 
result of this proposed rule. The alternative that would allow small-
mesh vessels to fish for non-exempt species in the GRAs was not 
selected because the research supporting the alternative was deemed by 
NMFS to be too preliminary, and therefore, causative of an unacceptable 
risk to increased juvenile scup mortality. Finally, the revenue 
decreases associated with the research set-asides are expected to be 
minimal, and are expected to yield important long-term benefits 
associated with improved data. It should also be noted that fish 
harvested under the research set-asides would be sold. As such, total 
gross revenue to the industry would not decrease if the research set 
asides are utilized.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 14, 2001.
John Oliver,
Deputy Assistant Administrator for Operations, 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. 648.14, paragraphs (a)(92) and (u)(1) are revised to 
read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (92) Fish for, catch, possess, land, or retain black sea bass in or 
from the EEZ north of 35 deg.15.3' N. lat. (the latitude of Cape 
Hatteras Light, NC, to the U.S.-Canadian border) in excess of the 
amount specified in Sec. 648.145(a).
* * * * *
    (u) * * *
    (1) Fish for, catch, possess, land, or retain black sea bass in 
excess of the amount specified in Sec. 648.144(a)(1)(i) (i.e. 500 lb 
(226.8 kg) from January 1 through March 31, or 100 lb (45.4 kg) from 
April 1 through December 31), unless the vessel meets the minimum mesh 
requirement specified in Sec. 648.144(a).
* * * * *
    3. In Sec. 648.123, paragraphs (a)(1) is revised to read as 
follows:


Sec. 648.123  Gear restrictions.

    (a) * * *
    (1) Minimum mesh size. The owners or operators of otter trawlers 
who are issued a scup moratorium permit and who possess 500 lb (226.8 
kg) or more of scup from November 1 through April 30, or 100 lb (45.4 
kg) or more of scup from May 1 through October 31, must fish with nets 
that have a minimum mesh size of 4.5 inches (11.43 cm) diamond mesh for 
no more than 25 continuous meshes forward of the terminus of the 
codend, and with at least 100 continuous meshes of 5.0-inch (12.7-cm) 
mesh forward of the 4.5-inch (11.43-cm) mesh. For trawl nets with 
codends (including an extension) less than 125 meshes, the entire trawl 
net must have a minimum mesh size of 4.5 inches (11.43 cm) throughout 
the net. Scup on board these vessels shall be stored separately and 
kept readily available for inspection.
* * * * *
    4. In Sec. 648.143, paragraph (a) is revised to read as follows:


Sec. 648.143  Minimum sizes.

    (a) The minimum size for black sea bass is 11 inches (27.94 cm) 
total length for all vessels issued a moratorium permit under 
Sec. 648.4(a)(7) that fish for, possess, land or retain black sea bass 
in or from U.S. waters of the western Atlantic Ocean from 35 deg. 15.3' 
N. Lat., the latitude of Cape Hatteras Light, North Carolina, northward 
to the U.S.-Canadian border. The minimum size may be adjusted for 
commercial vessels pursuant to the procedures in Sec. 648.140.
* * * * *
    5. In Sec. 648.144, paragraph (a)(1)(i) and (b)(2) are revised to 
read as follows:


Sec. 648.144  Gear restrictions.

    (a) * * *
    (1) * * *
    (i) Otter trawlers whose owners are issued a black sea bass 
moratorium permit and that land or possess 500 lb (226.8 kg) or more of 
black sea bass from January 1 through March 31, or 100 lb (45.4 kg) or 
more of black sea bass from April 1 through December 31, must fish with 
nets that have a minimum mesh size of 4.5 inches (11.43 cm) diamond 
mesh applied throughout the codend for at least 75 continuous meshes 
forward of the terminus of the net, or for codends with less than 75 
meshes, the entire net must have a minimum mesh size of 4.5 inches 
(11.43 cm) diamond mesh throughout.
* * * * *
    (b) * * *
    (2) All black sea bass traps or pots must have an escape vent 
placed in a lower corner of the parlor portion of the pot or trap which 
complies with one of the following minimum sizes: 1.375 inches (3.49 
cm) by 5.75 inches (14.61 cm); or a circular vent 2.375 inches (6.03 
cm) in diameter; or a square vent with sides of 2 inches (5.08 cm), 
inside measure; however, black sea bass traps constructed or wooden 
lathes may have instead an escape vent constructed by leaving a space 
of at least 1.125 inches (2.86 cm) between one set of lathes in the 
parlor portion of the trap. These dimensions for escape vents and lathe 
spacing may be adjusted pursuant to the procedures in Sec. 648.140.
* * * * *
    6. In Sec. 648.145, paragraph (d) is revised to read as follows:


Sec. 648.145  Possession limit.

* * * * *
    (d) Owners or operators of otter trawl vessels issued a moratorium 
permit under Sec. 648.4(a)(7) and fishing with, or possessing on board, 
nets or pieces of net that do not meet the minimum mesh requirements 
specified in Sec. 648.144(a) and that are not stowed in accordance with 
Sec. 648.144(a)(4), may not retain more than 500 lb (226.8 kg) of black 
sea bass from January 1 through March 31, or more than 100 lb (45.4 kg) 
of black sea bass from April 1 through December 31. Black sea bass on 
board these vessels shall be stored so as to be readily available for 
inspection in a standard 100-lb (45.4 kg) tote.
* * * * *

[FR Doc. 01-28920 Filed 11-15-01; 1:06 pm]
BILLING CODE 3510-22-P