[Federal Register Volume 67, Number 100 (Thursday, May 23, 2002)]
[Proposed Rules]
[Pages 36139-36146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12779]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010710173-2088-04; I.D. 032102A]
RIN 0648-AO91


Fisheries of the Northeastern United States; Recreational 
Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries 
Fishing Year 2002

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

ACTION: Proposed rule; request for comments; proposed technical 
correction.

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

SUMMARY: NMFS proposes recreational measures for the 2002 summer 
flounder, scup, and black sea bass fisheries. The implementing 
regulations for these fisheries require NMFS to publish recreational 
measures for the upcoming fishing year and to provide an opportunity 
for public comment. The intent of these measures is to prevent 
overfishing of the summer flounder, scup, and black sea bass resources.

DATES: Public comments must be received on or before June 7, 2002.

ADDRESSES: Comments on the proposed recreational specifications should 
be sent to Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.
    Copies of supporting documents used by the Summer Flounder, Scup, 
and Black Sea Bass Monitoring Committees and of the Environmental 
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA) are available from Daniel Furlong, Executive 
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal 
Building, 300 South Street, Dover, DE 19901-6790. The EA/RIR/IRFA is 
accessible via the Internet at http://www.nero.nmfs.gov/ro/doc/nero.html.

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 summer flounder, scup and black sea bass fisheries are managed 
cooperatively by the Atlantic States Marine Fisheries Commission 
(Commission) and the Mid-Atlantic Fishery Management Council (Council) 
in consultation with the New England and South Atlantic Fishery 
Management Councils. The Fishery Management Plan for the Summer 
Flounder, Scup, and Black Sea Bass Fisheries (FMP) and its implementing 
regulations (50 CFR part 648, subparts G, H, and I) describe the 
process for specifying annual recreational measures that apply in the 
Federal Exclusive Economic Zone (EEZ). The states manage these 
fisheries within three miles of their coast, under the Commission's 
Interstate FMP. The Federal regulations govern vessels fishing in the 
EEZ, which extends beyond three miles, as well as vessels possessing a 
Federal fisheries permit, regardless of where they fish. The FMP 
established Monitoring Committees (Committees) for each of the three 
fisheries, consisting of representatives from the Atlantic States 
Marine Fisheries Commission (Commission), the Mid-Atlantic Fishery 
Management Council (Council), the New England and South Atlantic 
Fishery Management Councils, and NMFS.
    The FMP and its implementing regulations require the Committees to 
review scientific and other relevant information annually and to 
recommend measures necessary to achieve the recreational harvest limits 
established for the summer flounder, scup, and black sea bass 
fisheries. The FMP limits these measures to minimum fish size, 
possession limit, and closed seasons.

[[Page 36140]]

    The Council's Demersal Species Committee and the Commission's 
Summer Flounder, Scup, and Black Sea Bass Board (Board) then consider 
the Committees' recommendations and any public comment in making their 
recommendations to the Council and the Commission, respectively. The 
Council then reviews the recommendations of the Demersal Species 
Committee, makes its own recommendations, and forwards them to NMFS for 
review. The Commission similarly adopts recommendations for the states. 
NMFS is required to review the Council's recommendations to ensure that 
they are consistent with the targets specified for each species in the 
FMP.
    Final specifications for the 2002 summer flounder, scup and black 
sea bass fisheries were published at 66 FR 66348, December 26, 2001. 
These specifications include a coastwide recreational harvest limit of 
9.72 million lb (4.40 million kg) for summer flounder, 2.71 million lb 
(1.23 million kg) for scup, and 3.43 million lb (1.55 million kg) for 
black sea bass. Those specifications do not establish recreational 
measures, since final recreational catch data were not available when 
the Council made its recreational harvest limit recommendation to NMFS.

Summer Flounder

    The 2002 final specifications established Total Allowable Landings 
(TAL) for summer flounder of 24.3 million lb (11.02 million kg), 
consistent with the FMP's target fishing mortality rate (F) of 0.26. 
The specifications divided the summer flounder TAL into a commercial 
quota of 14.58 million lb (6.61 million kg) and a recreational harvest 
limit of 9.72 million lb (4.40 million kg).
    In 2000, recreational landings were 15.82 million lb (7.17 million 
kg), the highest landings since 1987. In 2001, the Council and the 
Board implemented a recreational harvest limit of 7.16 million lb (3.25 
million kg), the lowest recreational limit since the FMP went into 
effect in 1992. To achieve the 2001 recreational harvest limit, most 
coastal states from Maine through North Carolina established measures 
in state waters that were significantly more restrictive than the 2000 
recreational summer flounder measures. NMFS similarly implemented 
restrictive measures for the EEZ (66 FR 39288, July 30, 2001). Despite 
these measures, 2001 Marine Recreational Statistics Survey (MRFSS) data 
project recreational summer flounder landings to be 11.54 million lb 
(5.23 million kg). Thus, assuming recreational fishing effort in 2002 
will be similar to that in 2001, a 16 percent reduction in recreational 
landings is needed to achieve the recreational harvest limit of 9.72 
million lb (4.40 million kg) established for 2002. However, in 2001, 
some states implemented higher minimum size limits and possession 
limits than the proposed limits in 2002. In addition, most states 
implemented differing seasons. Taking into consideration state-specific 
measures implemented in 2001, adjusted projected landings would be 
13.22 million lb (5.99 million kg). As such, the overall percent 
reduction required to achieve the 2002 harvest limit of 9.72 million lb 
(4.41 million kg) would be 27 percent for 2002.
    On July 11, 2001, NMFS published a final rule in the Federal 
Register to implement Framework Adjustment 2 to the FMP (66 FR 36208). 
This framework implemented a process that makes conservation 
equivalency a management option for the summer flounder recreational 
fishery. Conservation equivalency allows each state to establish its 
own recreational management measures (possession limit, minimum fish 
size, and season time and duration) as long as the combined effect of 
all of the states' management measures achieve the same level of 
conservation as Federal coastwide measures developed to achieve the 
recreational harvest limit would, if implemented by all of the states 
(i.e., both would have equivalent Fs).
    If NMFS approves and implements conservation equivalency, then NMFS 
would waive Federal recreational measures that would otherwise apply in 
the EEZ. Federally permitted vessels as well as vessels fishing in the 
EEZ, would be subject to the recreational fishing measures implemented 
by the state in which the fish are landed. The Council and Board 
recommend annually either conservation equivalency (whereby states 
develop state-specific measures) or coastwide management measures 
(whereby all states adopt the same measures as the Federal measures) 
for the summer flounder recreational fishery to ensure that the 
recreational harvest limit will not be exceeded.
    If the Council and the Board recommend conservation equivalency, 
they must also recommend coastwide management measures that would be 
implemented if, following NMFS review and public comment, conservation 
equivalency is not implemented in the final rule. In addition, the 
Council and the Board must recommend precautionary default measures 
that would apply in states that either do not submit conservation 
equivalency proposals to the Board, or whose management proposals are 
not approved by the Board. The precautionary default measures are 
defined as the set of measures that would achieve the greatest 
reduction in landings required for any state.
    For 2002, the Council and Board voted to recommend conservation 
equivalency to achieve the required 16-percent reduction in total 
landings for the recreational summer flounder fishery.
    As required when conservation equivalency is recommended, the 
Council and Board also specify precautionary default measures. 
Precautionary default measures are defined as measures that would 
achieve at least the overall required reduction in landings for each 
state. The Precautionary Approach Alternative adopted by the Council 
and Board consists of an 18 inch (45.72 cm) total length (TL) minimum 
fish size, a possession limit of one fish per person, and no closed 
season. Because the precautionary default must be restrictive enough to 
achieve the necessary reductions in the state requiring the greatest 
reductions, in most states application of the precautionary default 
would achieve higher than necessary reductions. The precautionary 
default measures would reduce state specific landings by 41 (Delaware) 
to 88.2 percent (North Carolina). As specified in Framework 2 to the 
Summer Flounder, Scup and Black Sea Bass FMP, specific states that fail 
to implement conservation equivalent measures would be required to 
implement precautionary default measures.
    Finally, the coastwide alternative recommended by the Council and 
Board to be implemented in the EEZ if conservation equivalency is not 
implemented, includes a possession limit of eight fish/person, a 
minimum fish size of 17 inches (43.18 cm) TL, and no closed season. The 
recommended coastwide alternative would reduce recreational landings by 
30 percent, assuming the coastwide regulations are implemented by all 
states. For comparative purposes, the existing coastwide summer 
flounder measures include a 15.5-inch (39.37 cm) minimum fish size, a 
3-fish possession limit and an open season from May 25 through 
September 4.
    The Commission has established conservation equivalency guidelines 
that require each state, using state-specific tables, to determine and 
implement an appropriate possession limit, size limit, and closed 
season to achieve the landings reduction

[[Page 36141]]

necessary for each state. The state-specific tables are adjusted to 
account for the past effectiveness of the regulations in each state. As 
specified by the guidelines adopted by the Atlantic States Marine 
Fisheries Commission (ASMFC) and put forth in Addendum III to the 
Summer Flounder, Scup, and Black Sea Bass FMP, based upon the number of 
fish landed in 1998 (the control year) and projected to have been 
landed in 2001, the percent reduction in landings required by the 
states for 2002 (relative to 2001) are: Rhode Island: 5 percent; New 
Jersey: 16.7 percent; Delaware: 3.5 percent; Maryland: 5.3 percent; 
Virginia: 43.8 percent; and North Carolina: 28.4 percent. 
Massachusetts, Connecticut and New York do not require any reductions 
in recreational summer flounder landings if their current regulations 
are maintained.
    1998 landings data were used to establish baseline state-by-state 
share ratios because this was the last year that all states had the 
same management regulations in place. Then, 2000 and 2001 landings data 
were used to set the landings reduction requirements for the 2002 
recreational fishing year. Based on these data, it was concluded that 
2001 landings were higher than the target for 2002, thus the 2002 quota 
is a reduction over 2001.
    The Board required each state to submit its conservation 
equivalency proposal to the Commission by January 15, 2002. The 
Commission's Summer Flounder Technical Committee has since evaluated 
the proposals and advised the Board of each proposal's consistency with 
respect to achieving the coastwide recreational harvest limit. After 
the Technical Committee evaluation, the Board met on February 21, 2002 
to approve or disapprove each state's proposal. The Commission invited 
public participation in its review process by holding public meetings 
and offering the public the opportunity to comment on the state 
proposals. During the comment period, the Commission will notify NMFS 
as to which state proposals have been approved or disapproved. Although 
the public is not formally advised of the Commission's recommendation 
regarding conservation equivalency during the comment period on this 
proposed rule, the information is available from the Commission or 
NMFS, after such notification.
    If, at the final rule stage, the Commission recommends and NMFS 
accepts conservation equivalency, then NMFS would waive the Federal 
recreational measures that would otherwise apply in the EEZ. Federally 
permitted vessels as well as vessels fishing in the EEZ, would be 
subject to the recreational fishing measures implemented by the state 
in which it lands. States that do not submit proposals or whose 
proposals were disapproved by the Commission would be required by the 
Commission to adopt the precautionary default measures. The Commission 
would allow states that had been assigned the precautionary default 
measures to resubmit revised management measures and ASMFC would notify 
NMFS of any resubmitted proposals that were approved after publication 
of the final rule implementing the recreational specifications. 
Afterwards, NMFS would publish a notice in the Federal Register to 
notify the public of any changes in the state's management measures.
    NMFS is proposing to either approve and defer to the state 
conservation equivalency measures approved and recommended by the 
Commission or to implement the coastwide alternative in this proposed 
rule. If conservation equivalency is approved, the final rule would 
waive Federal recreational summer flounder measures (possession limit, 
size limit, and season) for federally permitted, charter/party permit 
holders and recreational vessels fishing for summer flounder in the 
Exclusive Economic Zone (EEZ). Those vessels would be required to abide 
by the requirements enacted by the state in which they land summer 
flounder.

Scup

    The 2002 specifications for scup implemented a recreational harvest 
limit of 2.71 mlb (1.23 million kg), consistent with the FMP target 
exploitation rate for scup, of 21 percent for the 2002 fishing year. 
The 2001 MRFSS data projected 2001 recreational scup landings to be 
4.97 million lb (2.25 million kg). Assuming the same level of fishing 
effort will exist in 2002, the MRFSS data indicate that a reduction in 
landings will be necessary.
    However, the landings data alone were not used to determine the 
necessary reductions for 2002. The effectiveness of the measures was 
also investigated and the Commission and Council found that they were 
not 100 percent effective due to discrepancies in landings data, which 
did not comply with the management measures set by the regulations. For 
example, some fish were landed over or under the bag limit and 
possession limit. These data were removed from the analyses and the 
data were re-analyzed to obtain more accurate estimates of landings 
that fall within the required measures. Likewise, any discrepancies 
that occurred as a result of landings obtained outside the closed 
season of the previous year were removed. As a result, the projected 
2001 recreational landings increased to 6.37 million lb (2.89 million 
kg) and the estimated reduction in landings necessary for 2002 
increased to 57.4 percent.
    The Council voted to recommend the following measures: A 10-inch 
(25.40-cm) TL minimum fish size, a 50-fish per person possession limit, 
and open seasons from January 1 through February 28 and from July 1 
through October 31. For comparative purposes, the current scup 
recreational measures in the EEZ are a 9-inch (22.86 cm) minimum fish 
size, a 50-fish possession limit and an open season from August 15 
through October 31. It was estimated that the Council's recommended 
scup measures would reduce recreational landings by only 30 percent, 
although a 57.4-percent reduction is necessary. The Council believes, 
however, that their recommended measures would have more impact than 
the analysis of the MRFSS data indicates, based on industry comment at 
the December 2001 Council meeting.
    The Commission postponed action on scup at its December meeting and 
advised its staff to prepare an addendum to its Interstate FMP for Scup 
that would include state-by-state conservation equivalency and other 
measures. On February 21, 2002, the Commission approved Addendum VII to 
the Commission's Interstate Scup FMP, which allows states from 
Massachusetts through New York to develop state-specific management 
measures. For New Jersey, which has limited recreational scup landings 
data, the Commission approved a 10-inch (25.40-cm) TL minimum size, a 
50-fish possession limit, and an open season from July 1 through 
October 31.
    Due to low scup landings in more southern states, the Commission 
approved the retention of existing recreational scup measures in 
Delaware, Maryland, Virginia, and North Carolina. Because the Federal 
FMP does not contain provisions for conservation equivalency, and 
states may adopt their own unique measures under Addendum VII to the 
Commission's Interstate FMP, it is likely that state and Federal 
recreational scup measures will differ for the 2002 season.

Disapproval of Council's Preferred Scup Alternative and Request for 
Public Comment

    After careful review, NMFS has decided to disapprove the Council's 
scup recommendation (i.e Council's

[[Page 36142]]

Preferred Scup Alternative) because the analysis indicates that 
accepting this recommendation would result in landings of approximately 
4.46 million lb (2.02 million kg), which is well above the scup 
recreational harvest limit of 2.71 million lb (1.23 million kg) 
established for 2002. Thus, the Council's recommended measures are not 
consistent with the requirements of the FMP.
    The Council submission also analyzed the following three 
alternatives that could reduce recreational landings by the required 
57.4 percent: (1) A 10-inch (25.4-cm) TL minimum fish size, a 20-fish 
per person possession limit, and open seasons from January 1 through 
February 28 and from July 1 through October 2; (2) a 9-inch (22.86-cm) 
TL minimum fish size, a 20-fish per person possession limit, and open 
seasons from January 1 through February 28 and from September 2 through 
October 31; and (3) a 9-inch (22.86-cm) TL minimum fish size, a 50-fish 
possession limit, and open seasons from January 1 through February 28 
and from October 8 through October 31. NMFS is hereby requesting public 
comment on the first two of these alternatives (defined later in this 
document and referred to as NMFS Scup Alternatives 1 and 2) for 
possible implementation in the final rule. These two alternatives have 
been determined by the Council to achieve the landings reductions 
needed to achieve the FMP's target exploitation rate. The third 
alternative (Scup Alternative 3), which would allow only a 24-day open 
season during the prime fishing period, is not being further considered 
for implementation by NMFS. The impacts associated with NMFS Scup 
Alternatives 1 and 2 are described in the Council's submission and are 
summarized in the Classification section of this proposed rule.
    NMFS is proposing NMFS Scup Alternative 2 for publication in the 
proposed regulatory text. However, depending upon public comment, NMFS 
may instead implement Scup Alternative 1. Should Scup Alternative 1 
ultimately be chosen, NMFS will publish the corresponding regulations 
in the final rule.

Black Sea Bass

    The 2002 specifications implemented a black sea bass recreational 
harvest limit of 3.43 mlb (1.56 million kg), consistent with the FMP's 
target exploitation rate of 37 percent established for the 2002 fishing 
year. The 2001 MRFSS data projected recreational scup landings during 
2001 to be 3.64 million lb (1.65 million kg). As in the case of scup, 
landings data were adjusted using the method devised by the Council's 
and Commission's Technical Committee to reflect the effectiveness of 
the various measures in 2001. Using this method, the projected 2001 
recreational black sea bass landings increased to 3.88 million lb (1.76 
million kg). Therefore, a 12-percent reduction in landings is estimated 
to be necessary for 2002.
    The Council recommended the following black sea bass measures for 
the 2002 fishery: An 11.5-inch (29.21-cm) TL minimum fish size, a 25-
fish per person possession limit, and no closed season. For comparative 
purposes, the current black sea bass regulations include an 11-inch 
(27.94 cm) minimum fish size, a 25-fish possession limit, and a March 1 
through May 9 closed season. The Commission's Black Sea Bass Board 
adopted the same measures for 2002 as the Council at its December 2001 
meeting. These measures should reduce recreational landings by 16 
percent, if they are in compliance with the 85 percent criteria as 
adopted by the Black Sea Bass Monitoring Committee. NMFS has reviewed 
the Council's analyses of these measures and is publishing its 
preferred alternative in this proposed rule without modification.

Correction

    This proposed rule contains a proposed technical correction. In a 
recent final rule (67 FR 6877, February 14, 2002), the existing 
introductory text to  648.100 was inadvertently removed. This 
proposed rule contains the introductory text that was inadvertently 
removed.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council and NMFS prepared an IRFA that describes the economic 
impact this proposed rule would have on small entities, if adopted. A 
copy of the complete IRFA can be obtained from the Council (see 
ADDRESSES) or via the Internet at http://www.nero.nmfs.gov. A summary 
of the analysis follows.
    This preamble includes a description of the proposed action, why it 
is being considered, and the legal basis for this proposed action. 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 description of the action, why it is 
being considered, and the legal basis for this action are contained in 
the preamble to this proposed rule.
    The Council's IRFA examined the economic impacts of alternative 
sets of recreational management measures for the summer flounder, scup 
and black sea bass fisheries. The economic impacts are fully described 
in the EA/RIR/IRFA. The proposed action could affect any recreational 
angler who fishes for summer flounder, scup or black sea bass. However, 
this summary of the IRFA focuses upon the impacts on party/charter 
vessels issued a Federal permit for summer flounder, scup, and/or black 
sea bass because these vessels can be specifically identified in the 
Federal vessel permit database and would be impacted by the 
recreational measures, regardless of whether they fish in Federal or in 
state waters. Although other recreational fishers are likely to be 
impacted, they are not considered small entities nor is there a permit 
requirement to participate in these fisheries.
    In the IRFA, NMFS estimated that the proposed measures could affect 
any of the 738 vessels possessing a Federal charter/party permit for 
summer flounder, scup and/or black sea bass in 2000, the most recent 
year for which complete permit data are available. Only 393 of these 
vessels reported actively participating in the recreational summer 
flounder, scup, and/or black sea bass fisheries in 2000.
    The effects of the various management measures were analyzed by 
employing quantitative approaches to the extent possible. Where 
quantitative data were not available, the Council conducted qualitative 
analyses. Although Regulatory Flexibility Act guidance recommends 
assessing changes in profitability as a result of proposed measures, 
the quantitative impacts were instead assessed using changes in party/
charter vessel revenues as a proxy. This is because reliable cost data 
is not available for these fisheries. As reliable cost data become 
available, impacts to profitability can be more accurately forecast. 
Similarly, changes to long-term solvency were not assessed due both to 
the absence of cost data and because the recreational management 
measures change annually according to the specification-setting 
process. The analysis estimated changes in revenues for party/charter 
vessels participating in the summer flounder, scup and/or black sea 
bass fisheries by employing the following method. First, 2001 MRFSS 
data were used to project the number of recreational party/charter 
vessel trips made in each state. The MRFSS data indicate that an 
estimated 1.778 million total trips were taken by anglers aboard

[[Page 36143]]

party/charter vessels in 2001 in the Northeast Region. Anglers fishing 
in New Jersey, North Carolina, Massachusetts, New York, and Virginia 
made 75 percent of those trips. The number of trips in each state 
ranged from a high of 621,700 in New Jersey to a low of 18,000 trips in 
Rhode Island.
    Second, the number of trips that targeted summer flounder, scup 
and/or black sea bass was identified as appropriate for each measure. 
Then, the number of trips that would be impacted by the proposed 
measures was estimated. This information was presented as an absolute 
number and as a percentage of the total trips taken in each state.
    Finally, the revenue impacts were estimated by calculating the 
average fee paid by anglers on party/charter vessels in the Northeast 
Region in 2001. That value of $39.84 was used to calculate the 
statewide party/charter vessel revenue losses associated with the 
impacted trips (by multiplying the number of impacted trips in each 
state by $39.84). Then, the revenue impacts on individual vessels were 
estimated by dividing the statewide revenue impact by the number of 
vessels affected in each state. This method presumes that the number of 
party/charter vessels participating in each fishery in 2002 will be the 
same as in 2000. Also, the analysis assumes that angler effort and 
catch rates in 2002 will be similar to 2001.
    The analysis noted that this method is likely to result in an over-
estimation of the revenue losses because the analysis assumes that all 
trips that are affected by the measures would not be taken in 2002. 
However, it is very likely that some anglers would continue to take 
party/charter vessel trips even if the restrictions limit their 
landings. Also, some may engage in catch and release fishing and others 
may target other species of fish. It was not possible to estimate the 
sensitivity of anglers to specific management measures. In addition, 
revenue impacts may be overestimated because the states may implement 
different measures in state waters.

Impacts of Summer Flounder Alternatives

    The proposed action for the summer flounder recreational fishery 
would limit coastwide catch to 9.72 million lb (4.40 million kg) and 
reduce landings by at least 27 percent compared to 2001 by either 
deferring management to the states or imposing coastwide Federal 
measures throughout the EEZ. The precautionary default provision that 
is included in the conservation equivalency proposal was not analyzed 
as a separate provision because it was assumed that, if conservation 
equivalency is approved in the final rule, the states would use this 
opportunity to tailor less restrictive measures specifically to their 
state fisheries.
    Precautionary default measures are defined as measures that would 
achieve at least the overall required reduction in landings for each 
state. The Precautionary Approach Alternative adopted by the Council 
and Board consists of an 18 inch (45.72 cm) total length minimum fish 
size, a possession limit of one fish per person, and no closed season. 
The precautionary default measures would reduce state specific landings 
by 41 (Delaware) to 88.2 percent (North Carolina). As specified by 
Framework 2 to the Summer Flounder, Scup and Black Sea Bass FMP, 
specific states that fail to implement conservation equivalent measures 
would be required to implement precautionary default measures.
    The state-specific landings reductions associated with the 
precautionary default measures are substantially higher than the 
reductions that would be implemented using conservation equivalency. As 
such, it is expected that states will avoid the impacts of 
precautionary approach measures by establishing conservation equivalent 
management measures.
    There is very little information available to empirically estimate 
how sensitive the affected party/charter boat anglers might be to the 
proposed fishing regulations. It is possible that the proposed 
management measures could restrict the recreational fishery for 2001 
and cause a decrease in recreational satisfaction (i.e. low bag limit, 
larger fish size or closed season). It is also possible that, given the 
popularity of summer flounder among some anglers, the more restrictive 
time frame of the seasonal closures could affect angler satisfaction 
and/or demand for party/charter trips. Due to lack of data on angler 
satisfaction, these effects cannot be quantified. However, it is 
probable that the negative impacts to party/charter boat anglers under 
the precautionary default alternative would be substantially higher 
than those under the preferred alternative (conservation equivalency).
    Comparatively, the impact of the proposed summer flounder 
conservation equivalency recommendation among states is likely to be 
similar to the level of landings reductions that are required of each 
state. Based upon the number of fish landed in 1998 and projected to 
have been landed in 2001, the percent reduction in landings required by 
the states for 2002 (relative to 2001) are: Rhode Island: 5 percent; 
New Jersey: 16.7 percent; Delaware: 3.5 percent; Maryland: 5.3 percent; 
Virgina: 43.8 percent; and North Carolina: 28.4 percent. Massachusetts, 
Connecticut and New York do not require any reductions in recreational 
summer flounder landings if their current regulations are maintained. 
If the preferred conservation equivalency alternative is effective at 
achieving the recreational harvest limit, then it is likely to be the 
only alternative that minimizes economic impacts, to the extent 
practicable, yet achieves the biological objectives of the FMP.
    The impacts of the non-preferred summer flounder coastwide 
alternative, which proposes a 17-inch (43.2 cm) TL minimum fish size 
and a possession limit of eight fish/person, were assessed using the 
quantitative method described above. Impacted trips were defined as 
trips taken aboard party/charter vessels in 2001 that landed at least 
one summer flounder that was smaller than 17 inches (43.2 cm) TL or 
that landed more than eight summer flounder. NMFS concluded through the 
analysis that the measures would affect less than 1 percent of party/
charter trips in any of the states, with impacts identified only in New 
Jersey ($64,381), Virginia ($20,199), Delaware ($7,530), Rhode Island 
($1,872), and Maryland ($558). The statewide revenue losses associated 
with these impacts are shown in parentheses.
    The average maximum gross revenue loss per party/charter vessel was 
estimated to be $1,506 in Delaware, $961 in New Jersey, $808 in 
Virginia, $186 in Maryland, and $67 in Rhode Island. For the reasons 
noted above (alternative species, catch and release fishing, etc), it 
is very likely that some anglers would continue to take party/charter 
vessel trips even if the restrictions limit their landings. Therefore, 
this method is likely to overestimate the potential revenue impacts of 
the proposed measures. In addition, only 12 percent of recreational 
summer flounder landings were derived from the EEZ in 2000. Federal 
coastwide measures would apply to federally permitted vessels wherever 
they fish. However, the states could potentially implement different 
recreational measures for summer flounder.

Impacts of Scup Alternatives

    The proposed action for scup is to impose Federal management 
measures in the EEZ that, in combination with management measures in 
place in state

[[Page 36144]]

waters, would achieve the coastwide harvest limit of 2.71 million lb 
(1.23 million kg). The proposed action would achieve this goal by 
implementing one of two alternative management regimes (i.e., NMFS Scup 
Alternative 1 and NMFS Scup Alternative 2).
    The impacts of the Council's disapproved Preferred Scup alternaitve 
were assessed using the quantitative method described above. Impacted 
trips were defined as trips taken aboard party/charter vessels in 2001 
that landed at least one scup smaller than 10 inches (25.4 cm) TL, that 
landed more than 50 scup, or that landed at least one scup during the 
proposed closed seasons of March 1 to June 30 and November 1 to 
December 31. The analysis concluded that the measures would affect 2.1 
percent or less of the party/charter trips in any of the states, with 
impacts identified in Massachusetts ($110,197), Delaware ($15,976), New 
Jersey ($6,574), Rhode Island ($2,590), Connecticut ($1,195) and New 
York ($478). The statewide revenue losses associated with these impacts 
are shown in parentheses.
    The average maximum gross revenue loss per party/charter vessel 
associated with the Council's Preferred Scup Alternative was estimated 
to be $7,988 in Delaware, $1,900 in Massachusetts, $219 in New Jersey, 
$185 in Rhode Island, $149 in Connecticut, and $17 in New York. This 
analysis likely overestimates the potential revenue impacts of these 
measures because some anglers would continue to take party/charter 
vessel trips even if the restrictions limit their landings. In 
addition, although the Federal coastwide measures would apply to 
federally permitted vessels wherever they fish, state-only permitted 
vessels will likely be fishing under different recreational measures 
for scup, because the Commission has adopted a conservation equivalency 
addendum.
    The impacts associated with NMFS Scup Alternative 1 are as follows: 
Impacted trips were defined as trips taken aboard party/charter vessels 
in 2001 that landed at least one scup smaller than 10 inches (25.4 cm) 
TL, that landed more than 20 scup, or that landed at least one scup 
during the proposed closed seasons of March 1 to June 30 and October 3 
to December 31. The analysis concluded that the measures in Alternative 
1 would affect 4 percent or less of the party/charter trips in any of 
the states, with impacts identified in New York($375,890), 
Massachusetts($180,635), Rhode Island ($29,163), New Jersey ($26,972), 
Connecticut ($20,199), and Delaware ($16,534). The statewide revenue 
losses associated with these impacts are shown in parentheses.
    The average maximum gross revenue loss per party/charter vessel 
associated with NMFS Scup Alternative 1 was estimated to be $13,425 in 
New York, $8,267 in Delaware, $3,114 in Massachusetts, $2,525 in 
Connecticut, $2,083 in Rhode Island, and $899 in New Jersey. This 
method of analysis likely overestimates the potential revenue impacts 
of these measures because some anglers would continue to take party/
charter vessel trips even if the restrictions limit their landings. 
Although the Federal coastwide measures would apply to federally 
permitted vessels wherever they fish, state-only permitted vessels will 
likely be fishing under different recreational measures for scup 
because the Commission has adopted a scup conservation equivalency 
addendum.
    For NMFS Scup Alternative 2, impacted trips were defined as trips 
taken aboard party/charter vessels in 2001 that landed at least one 
scup smaller than 9 inches (22.86 cm) TL, that landed more than 20 
scup, or that landed at least one scup during the proposed closed 
seasons of March 1 to September 1 and November 1 to December 31. The 
analysis concluded that the measures in Alternative 2 would affect 7.3 
percent or less of the party/charter trips in any of the states, with 
impacts identified in New York ($434,256), Massachusetts ($388,838), 
New Jersey ($314,856), Rhode Island ($50,278), Delaware ($23,466), and 
Connecticut ($22,032). The statewide revenue losses associated with 
these impacts are shown here in parentheses.
    The average maximum gross revenue loss per party/charter vessel 
associated with NMFS Scup Alternative 2 was estimated to be $15,509 in 
New York, $11,733 in Delaware, $10,495 in New Jersey, $6,704 in 
Massachusetts, $3,591 in Rhode Island, and $2,754 in Connecticut. These 
estimates are likely to be high because some anglers would likely 
continue to take party/charter vessel trips even if the restrictions 
limit their landings. Also, state-only permitted vessel will 
potentially be fishing under different recreational measures for scup 
due to the adoption of conservation equivalency by Commission.
    For non-preferred Scup Alternative 3, impacted trips were defined 
as trips taken aboard party/charter vessels in 2001 that landed at 
least one scup smaller than 9 inches (22.86 cm) TL, that landed more 
than 50 scup, or that landed at least one scup during the proposed 
closed seasons of March 1 to October 7 and November 1 to December 31. 
The analysis concluded that the measures in Alternative 3 would affect 
9.6 percent or less of the party/charter trips in any of the states, 
with impacts identified in New York ($538,318), Massachusetts 
($481,506), New Jersey ($325,453), Rhode Island ($69,043), Connecticut 
(48,804), and Delaware ($41,195).
    The average maximum gross revenue loss per party/charter vessel 
associated with Scup Alternative 3 was estimated to be $20,597 in 
Delaware, $19,226 in New York, $10,848 in New Jersey, $8,302 in 
Massachusetts, $6,101 in Connecticut, and $4,932 in Rhode Island. These 
estimates are likely to be high because some anglers would likely 
continue to take party/charter vessel trips even if the restrictions 
limit their landings. Also, state-only permitted vessels will 
potentially be fishing under different recreational measures for scup 
due to the adoption of conservation equivalency by the Commission.

Impacts of Black Sea Bass Alternatives

    The proposed black sea bass alternative is designed to achieve the 
3.43 million lb (1.55 million kg) harvest limit and to reduce landings 
by at least 16 percent, compared to 2001. Although only a 12-percent 
reduction in landings (relative to 2001) is required, it was not 
possible to develop precise measures using only a minimum fish size and 
a possession limit. Impacted trips were defined as trips taken aboard 
party/charter vessels in 2001 that landed at least one black sea bass 
smaller than 11.5 inches (29.21 cm) TL or that landed more than 25 
black sea bass. NMFS concluded through the analysis that the proposed 
alternative would affect 1.8 percent or less of the party/charter trips 
in any of the states, with impacts identified in New Jersey ($178,324), 
Maryland ($78,365), Delaware ($55,457), Virginia ($39,999), North 
Carolina ($13,785), and Rhode Island ($1,355). The statewide revenue 
losses associated with these impacts are shown in parentheses.
    The average maximum gross revenue loss per party/charter vessel 
associated with the proposed black sea bass alternative was estimated 
to be $26,122 in Maryland, $11,091 in Delaware, $3,075 in New Jersey, 
$1,818 in Virginia, $1,378 in North Carolina, and $54 in Rhode Island. 
As stated above, these estimates represent maximum potential losses 
because it is likely that anglers will continue to take party/charter 
trips rather than quit altogether, due to the new restrictions.
    For black sea bass non-preferred Alternative 1, impacted trips were 
defined as trips taken aboard party/

[[Page 36145]]

charter vessels in 2001 that landed at least one black sea bass smaller 
than 11 inches (27.94 cm) TL, that landed more than 25 black sea bass, 
or that landed at least one black sea bass during the closed season 
(December 1 - May 18). The analysis concluded that the proposed 
alternative would affect 5.5 percent or less of the party/charter trips 
in any of the states, with impacts identified in New Jersey ($238,920), 
Maryland ($81,792), Delaware ($64,342), Virginia ($44,501), Rhode 
Island (39,442), North Carolina ($15,418), and Massachusetts ($3,426). 
The statewide revenue losses associated with these impacts are shown in 
parentheses.
    The average maximum gross revenue loss per party/charter vessel 
associated with black sea bass non-preferred Alternative 1, was 
estimated to be $27,264 in Maryland, $12,868 in Delaware, $4,119 in New 
Jersey, $2,023 in Virginia, $1,578 in Rhode Island, $1,542 in North 
Carolina, and $36 in Massachusetts.
    For black sea bass non-preferred Alternative 2, impacted trips were 
defined as trips taken aboard party/charter vessels in 2001 that landed 
at least one black sea bass smaller than 11 inches (27.94 cm) TL, that 
landed more than 15 black sea bass, or that landed at least one black 
sea bass during the closed seasons (March 1-April 31 and December 27-
December 31). NMFS concluded through the analysis that the proposed 
alternative would affect 5.5 percent or less of the party/charter trips 
in any of the states, with impacts identified in New Jersey 
($1,360,775), Maryland ($110,317), Delaware ($52,908), Virginia 
($41,115), North Carolina ($13,785), Rhode Island ($4,582), New York 
($3,307), and Massachusetts ($518). The statewide revenue losses 
associated with these impacts are shown in parentheses.
    The average maximum gross revenue loss per party/charter vessel 
associated with non-preferred Alternative 2 was estimated to be $36,772 
in Maryland, $23,462 in New Jersey, $10,582 in Delaware, $1,869 in 
Virginia, $1,378 in North Carolina, $183 in Rhode Island, $59 in New 
York, and $5 in Massachusetts.
    Potential revenue losses in 2002 could differ for party/charter 
vessels that land more than one of the regulated species. The 
cumulative maximum gross revenue loss per vessel varies by the 
combination of permits held and by state. In Rhode Island, for example, 
losses could reach $6,481 for each vessel that lands all three species 
in 2002, compared to 2001. However, in Maryland, a vessel that lands 
all three species could potentially lose up to a maximum of $32,151 in 
2002. On average, the largest potential losses were projected for 
party/charter vessels operating out of New York, New Jersey, Delaware, 
and Maryland in 2002.
    It is important to re-emphasize that the revenue losses discussed 
above represent the maximum potential gross revenue losses per vessel. 
These losses were calculated by assuming that all of the angler trips 
constrained by the proposed measures would no longer occur. Because 
anglers would continue to have the ability to engage in catch-and-
release fishing for summer flounder, scup, and black sea bass and 
because of the numerous alternative target species available to 
anglers, the reduction in effort and associated expenditures should be 
substantially lower than indicated in this summary. The lack of demand 
models limits the ability to empirically estimate how sensitive the 
affected anglers might be to the proposed regulations. Because the 
proposed measures affect the number and size of the fish that may be 
kept and do not prohibit anglers from engaging in catch and release 
fishing or fishing up to the possession limit, demand and revenues for 
party/charter vessels are expected to remain relatively stable.
    The RIR/IRFA is available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 16, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, 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  648.100(d), as a proposed correction, introductory 
text is added to read as follows:


 648.100  Catch quotas and other restrictions.

* * * * *
    (d) Commercial measures.* * *

    3. Section 648.102 is revised to read as follows:


 648.102  Time restrictions.

    Unless otherwise specified pursuant to  648.107, vessels 
that are not eligible for a moratorium permit under  
648.4(a)(3) and fishermen subject to the possession limit may fish for 
summer flounder from January 1 through December 31. This time period 
may be adjusted pursuant to the procedures in  648.100.

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


 648.103  Minimum fish sizes.

* * * * *
    (b) Unless otherwise specified pursuant to  648.107, the 
minimum size for summer flounder is 17 inches (43.18 cm) TL for all 
vessels that do not qualify for a moratorium permit, and charter boats 
holding a moratorium permit if fishing with more than three crew 
members, or party boats holding a moratorium permit if fishing with 
passengers for hire or carrying more than five crew members.
* * * * *

    5. In  648.105, the first sentence of paragraph (a) is 
revised to read as follows:


 648.105  Possession restrictions.

    (a) Unless otherwise specified pursuant to  648.107, no 
person shall possess more than eight summer flounder in, or harvested 
from the EEZ, unless that person is the owner or operator of a fishing 
vessel issued a summer flounder moratorium permit, or is issued a 
summer flounder dealer permit. ***
* * * * *

    6.  648.107 is revised to read as follows:


 648.107  Conservation equivalent measures for the summer 
flounder fishery.

    For 2002, the Regional Administrator has determined that 
conservation equivalent measures shall be implemented by the states for 
the recreational summer flounder fishery. Therefore:
    (a) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels 
harvesting summer flounder in or from the EEZ and subject to the 
recreational fishing measures of this part, landing summer flounder in 
a state whose fishery management measures are determined by the 
Regional Administrator to be the conservation equivalent of the season, 
minimum size and possession limit prescribed in  
648.102, 648.103(b) and 648.105(a), respectively, based on a 
recommendation from the Summer Flounder Board of the Atlantic States 
Marine Fisheries Commission shall not be subject to the more 
restrictive Federal measures pursuant to the provisions of  
648.4(b). Those vessels shall be subject

[[Page 36146]]

to the recreational fishing measures implemented by the state in which 
they land.
    (b) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels 
registered in states and subject to the recreational fishing measures 
of this part, whose fishery management measures are not determined by 
the Regional Administrator to be the conservation equivalent of the 
season, minimum size and possession limit prescribed in 
 648.102, 648.103(b) and 648.105(a), respectively, 
due to the lack of a conservation equivalent recommendation from the 
Summer Flounder Board of the Atlantic States Marine Fisheries 
Commission shall be subject to the following precautionary default 
measures: Season-January 1 through December 31; minimum size-18 inches 
(45.72 cm); and possession limit-one fish.

    7. In  648.122, paragraph (g) is revised to read as 
follows:


 648.122  Time and area restrictions.

* * * * *
    (g) Time restrictions. Vessels that are not eligible for a 
moratorium permit under  648.4(a)(6) and fishermen subject to 
the possession limit may not possess scup, except from January 1 
through February 28 and from September 2 through October 31. This time 
period may be adjusted pursuant to the procedures in  648.120.

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


 648.124  Minimum fish sizes.

* * * * *
    (b) The minimum size for scup is 9 inches (22.86 cm) TL for all 
vessels that do not have a moratorium permit, or for party and charter 
vessels that are issued a moratorium permit but are fishing with 
passengers for hire, or carrying more than three crew members if a 
charter boat, or more than five crew members if a party boat.
* * * * *

    9. In  648.125, the first sentence of paragraph (a) is 
revised to read as follows:


 648.125  Possession limit.

    (a) No person shall possess more than 20 scup in, or harvested from 
the EEZ unless that person is the owner or operator of a fishing vessel 
issued a scup moratorium permit, or is issued a scup dealer permit.***
* * * * *

    10. Section 648.142 is revised to read as follows:


 648.142  Time restrictions.

    Vessels that are not eligible for a moratorium permit under 
 648.4(a)(7) and fishermen subject to the possession limit may 
not possess black sea bass, except from January 1 through December 31. 
This time period may be adjusted pursuant to the procedures in 
 648.140.

    11. In  648.143, paragraph (b) is revised to read as 
follows:


 648.143  Minimum sizes.

* * * * *
    (b) The minimum size for black sea bass is 11.5 inches (29.21 cm) 
TL for all vessels that do not qualify for a moratorium permit, and 
party boats holding a moratorium permit if fishing with passengers for 
hire or carrying more than five crew members, or charter boats holding 
a moratorium permit if fishing with more than three crew members. The 
minimum size may be adjusted for recreational vessels pursuant to the 
procedures in  648.140.
* * * * *
[FR Doc. 02-12779 Filed 5-22-02; 8:45 am]
BILLING CODE 3510-22-S