[Federal Register Volume 67, Number 149 (Friday, August 2, 2002)]
[Rules and Regulations]
[Pages 50368-50373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19582]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 010710173-2184-05; I.D. 032102A]
RIN 0648-AN70


Fisheries of the Northeastern United States; Fishery Management 
Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries; 
Recreational Measures for the 2002 Fisheries

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to implement 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: Effective August 2, 2002.

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

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

SUPPLEMENTARY INFORMATION:

Background

    The Fishery Management Plan for the Summer Flounder, Scup, and 
Black Sea Bass Fisheries (FMP) and its implementing regulations (50 CFR 
part 648, subparts G, H, and I) describe the process for specifying 
annual recreational measures. Final specifications for the 2002 summer 
flounder, scup, and black sea bass fisheries were published at 66 FR 
66348, December 26, 2001. These specifications included 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. A proposed rule to 
implement annual Federal recreational measures for the 2002 summer 
flounder, scup, and black sea bass fisheries was published at 67 FR 
36139, on May 23, 2002, and contained management measures (i.e., 
minimum fish size, possession limit, and season) intended to keep 
annual recreational harvest from exceeding the specified harvest 
limits. For scup, one of the two alternatives that was being considered 
in the proposed rule is being implemented through this final rule 
(i.e., NMFS Scup Alternative 1). In the proposed rule, the proposed 
regulatory text for NMFS Scup Alternative 2 was published. The more 
stringent alternative was published in order to focus public comment on 
potential impacts of the two alternatives. However, no comments were 
received. Because Scup Alternative 1 has lower potential revenue losses 
associated with it, NMFS has selected Scup Alternative 1 for 
implementation in the final rule to minimize adverse economic impacts 
on small entities, yet still prevent the recreational harvest limit 
from being exceeded. Therefore, the regulatory text for the scup 
measures differ from those contained in the proposed rule. The 
recreational measures for black sea bass contained in this final rule 
are unchanged from those published in the proposed rule. Table 1 
contains the coastwide Federal measures for scup and black sea bass 
that are being implemented. For summer flounder, this final rule 
implements conservation equivalency, as the process was described in 
the proposed rule. The management measures will vary according to the 
state of landing (see Table 2). A complete discussion of the 
development of the recreational measures appeared in the preamble of 
the proposed rule and is not repeated here.

[[Page 50369]]



                                                           Table 1--2002 Recreational Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                            Species                               Minimum Size (total length)        Possession Limit                Open Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer Flounder                                                                            Varies according to state of landing
Scup                                                                      10 inches (25.4 cm)                       20 fish  Jan. 1 through Feb. 28 and
                                                                                                                              July 1 through Oct. 2
Black Sea Bass                                                         11.5 inches (29.21 cm)                       25 fish  Jan.1 through Dec. 31
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                        Table 2--2002 State Recreational Management Measures for Summer Flounder
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Minimum Size
                              State                                    (inches)      Minimum size (cm)   Possession Limit           Open Seasons
--------------------------------------------------------------------------------------------------------------------------------------------------------
MA                                                                             16.5               41.9             7 fish   Year-Round
RI                                                                               18               45.7             5 fish  May 25 through Sep. 20
CT                                                                               17               43.2             6 fish  Year-Round
NY                                                                               17               43.2             7 fish  May 2 through Oct. 31
NJ                                                                             16.5               41.9             8 fish  May 18 through Sep. 24
DE                                                                             17.5               44.4             4 fish  May 16 through Dec. 31
MD                                                                               17               43.2             8 fish  Jan 1 through July 25&Aug. 12
                                                                                                                            through Dec. 31
VA                                                                             17.5               44.4             8 fish  Mar. 29 through July 23&Aug.
                                                                                                                            8 through Dec. 31
NC                                                                             15.5               39.4             8 fish  July 4 through Nov. 19
--------------------------------------------------------------------------------------------------------------------------------------------------------

Comments and Responses

    One co-signed letter was received from four environmental 
organizations regarding the proposed recreational measures for summer 
flounder, scup, and black sea bass. The letter contained two comments. 
Both comments received prior to the close of the comment period that 
were relevant to the proposed measures were considered in development 
of this final rule.
    Comment 1: The commenters requested that NMFS explain how the 
recreational scup measures would ensure that overfishing of scup does 
not occur in 2002, considering that the states, through the Atlantic 
States Marine Fisheries Commission (ASMFC) Addendum VII, are 
implementing a different suite of management measures in state waters.
    Response: The FMP was originally developed as a joint management 
plan between ASMFC and the Council. However, ASMFC chose to implement 
different measures to manage the scup recreational fishery than the 
Council did, through the adoption of ASMFC Addendum VII. NMFS does not, 
and cannot, regulate state vessel activity in state waters, except 
under a very narrow set of circumstances under section 306 of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) that do not exist in this situation. Therefore, NMFS is 
implementing one of the scup alternatives that was analyzed by the 
Council, and determined to result in landings that do not exceed the 
scup recreational harvest limit. By implementing measures in 
conjunction with the states (closed season, minimum fish size and 
possession limit) designed to reduce recreational landings by 57.4 
percent, NMFS is doing all that can be done under the statute, short of 
closing the recreational scup fishery in the EEZ. A closure of the EEZ 
to recreational fishing would have virtually no effect, since 92 
percent of the recreational harvest comes from state waters. The 
negative impact of the closure would fall mainly on the party and 
charter boat sector of the fleet, which may be viewed as unfair, given 
the minimal effect of such a closure. Further, the cost of enforcing 
such a closure would, on at least a qualitative basis, exceed whatever 
benefit would be derived from the closure.
    Both the Council and ASMFC sought to achieve an equivalent scup 
recreational harvest limit (2.71 million lb (1.23 million kg)). 
However, the Council used a coastwide approach while ASMFC adopted 
state-specific measures. For instance ASMFC allowed Delaware, Maryland, 
Virginia and North Carolina to retain their existing management 
measures due to low historical scup landings. States from Massachusetts 
through New York were required to implement state-specific measures 
based upon the effectiveness of their 2001 regulations relative to 
landings from 1998 --2000. In the case of New Jersey, which has very 
limited recreational landings data, ASMFC approved measures which were 
determined to most likely achieve the required landings reduction.
    As a result, the 2002 coastwide Federal scup recreational 
regulations will differ from the state-specific scup recreational 
measures. NMFS believes that the combination of ASMFC's measures in 
state waters and NMFS' coastwide Federal measures are consistent with 
the FMP, given that both the state and Federal measures were developed 
to achieve the same recreational harvest limit of 2.71 million lb (1.23 
million kg).
    Comment 2: The commenters requested that NMFS explain how using 
conservation equivalency to manage the summer flounder recreational 
fishery, whereby Federal measures are waived in lieu of state measures, 
will ensure that overfishing of the resource does not occur in 
compliance with the requirements of the Magnuson-Stevens Act, its 
implementing regulations, and the FMP.
    Response: The summer flounder measures being implemented through 
this final rule were selected because they meet the conservation 
equivalency guidelines and are consistent with the goals and objectives 
of the FMP and the Magnuson-Stevens Act. The ASMFC Summer Flounder 
Technical Committee and Management Board have evaluated each state's 
proposal to determine whether they are consistent with the achievement 
of the overall summer flounder recreational harvest limit. NMFS has 
received a determination from ASMFC verifying that each state's 
proposal is consistent with the state-specific requirements established 
by the Management Board. The requirement to implement conservation 
equivalency for the recreational summer flounder fishery have been met. 
Adopting measures that achieve the required reduction in landings from 
the 2001

[[Page 50370]]

level and that are tailored to address the differences in the fishery 
in each state, thereby ensuring state support in enforcing these 
measures, is a reasonable approach to meeting the mandates of the 
Magnuson-Stevens Act to prevent overfishing.

Changes From the Proposed Rule

    Section 648.107 was revised to better reflect the procedural 
requirements for implementing conservation equivalency for the 
recreational summer flounder fishery. The change clarifies that the 
Regional Administrator shall determine that the state recreational 
management measures are the conservation equivalent of the Federal 
coastwide measures based upon a recommendation from the ASMFC Summer 
Flounder Board.
    Sections 648.122, 648.124, and 648.125 were revised to incorporate 
NMFS' selection of Scup Alternative 1 for implementation through this 
final rule, rather than Scup Alternative 2. This selection was made in 
consideration of the economic analyses presented in the Initial 
Regulatory Flexibility Analysis (IRFA) which indicated that less severe 
economic impacts on small entities were associated with Scup 
Alternative 1. NMFS did not receive any public comments regarding the 
economic impacts of the proposed measures contained in the IRFA.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This action establishes recreational management measures for the 
2002 summer flounder, scup, and black sea bass fisheries. Immediate 
action to impose more stringent size and possession limits in the scup 
and black sea bass fisheries must be taken to slow the recreational 
harvest of these species and enhance the probability that the harvest 
limits for these species will not be exceeded. For summer flounder, 
immediate action is necessary to achieve consistency between state and 
Federal measures. This is a benefit to the states as their vessels can 
fish under their rules without compromising conservation of the 
resource. For all of the species, it is important to implement these 
measures as soon as possible to prevent overfishing. Failure to 
implement these provisions immediately could result in landings in 
excess of the recreational harvest limits and prevent NMFS from 
carrying out its mandate to prevent overfishing of these resources. It 
would, therefore, be impracticable and contrary to the public interest 
to delay implementation of these provisions. The Assistant 
Administrator for Fisheries, NOAA, finds good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effectiveness of the 2002 summer 
flounder, scup, and black sea bass recreational measures.
    The Council and NMFS prepared a Final Regulatory Flexibility 
Analysis (FRFA) for this action. A copy of this analysis is available 
from the Regional Administrator (see ADDRESSES). The preamble to the 
proposed rule contained a detailed summary of the methodology and 
analyses contained in the IRFA and that discussion is not repeated in 
its entirety here. A summary of the FRFA follows.
    A description of the reasons why action by the agency is being 
taken and the objectives of this final rule are explained in the 
preambles to the proposed rule and this final rule.

Public Comments

    One letter was received on the recreational measures contained in 
the proposed rule. The letter did not reference the IRFA or the 
economic impacts on small entities.

Number of Small Entities

    The measures established by this action could affect any 
recreational angler who fishes for summer flounder, scup or black sea 
bass in Federal waters. However, the summary of impacts focused upon 
the 738 party/charter vessels that held Federal party/charter permits 
for the summer flounder, scup, and/or black sea bass fisheries in 2000 
(the most recent year for which complete permit data are available) 
because these vessels can be specifically identified in the Federal 
vessel permit database, and would be impacted by the regulations 
regardless of whether they fish in state or Federal waters. Although 
other recreational fishers are likely to be impacted, they are not 
considered small entities, nor is a Federal permit required to 
participate in these fisheries. Of the 738 vessels possessing a Federal 
party/charter permit for these fisheries, only 393 reported actively 
participating in these fisheries in 2000.

Minimization of Significant Economic Impacts on Small Entities

    The FRFA contains an analysis of the measures being implemented and 
the other alternatives that were considered. The measures being 
implemented in this final rule consist of the Council's preferred 
alternative for summer flounder and black sea bass, and the Council's 
non-preferred alternative for scup (NMFS Scup Alternative 1).
    The category of small entities likely to be affected by this action 
are party/charter vessels harvesting summer flounder, scup, and/or 
black sea bass. This action could affect any party/charter vessel 
holding a Federal permit for summer flounder, scup, and/or black sea 
bass, regardless of whether it is fishing in Federal or in state 
waters. The measures implemented through this final rule could affect 
738 vessels with a Federal charter/party permit for summer flounder, 
scup and/or black sea bass. However, only 393 of these vessels actively 
reported participating in the recreational summer flounder, scup, and/
or black sea bass fisheries in 2000.
    The FRFA analysis assessed each of the management alternatives and 
their impacts upon revenues of federally permitted party/charter 
vessels. Projected Marine Recreational Fisheries Statistics Survey 
(MRFSS) data indicate that 1.778 million trips were taken by anglers 
aboard party/charter vessels in 2001 in the Northeast Region. The 
methodology used to assess the economic impacts of the management 
measures upon party/charter vessels was described in detail in the IRFA 
summary contained in the proposed rule and is not repeated here.
    The final 2002 summer flounder recreational measures are expected 
to limit the coastwide catch to 9.72 million lb (4.40 million kg) and 
reduce landings by at least 27 percent, compared to 2001, by deferring 
to state management measures as the process for state conservation 
equivalency was specified through Framework Adjustment 2 to the FMP (66 
FR 36208). Comparatively, the economic impact of conservation 
equivalency among states will likely be proportional 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; 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. 
If conservation equivalency is effective at achieving the recreational 
harvest limit, then it is likely to be the only alternative that 
minimizes economic impacts on small entities, to the extent 
practicable, yet still achieves the biological objectives of the FMP. 
This is because each state may adopt measures that are most appropriate 
for that state to

[[Page 50371]]

achieve its conservation objectives, rather than being required to 
adopt Federal coastwide measures.
    The precautionary default provision that was included in the 
conservation equivalency proposal was not analyzed as a separate 
provision because it was assumed that, if conservation equivalency were 
approved in the final rule, the states would use the opportunity to 
tailor less restrictive measures designed 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 Default Alternative 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. The precautionary default 
measures would reduce state specific landings by 41 percent (Delaware) 
to 88.2 percent (North Carolina). As specified by Framework 2 to the 
FMP, specific states that fail to implement conservation equivalent 
measures would be required to implement the precautionary default 
measures. For 2002, none of the states are required to implement the 
precautionary default measures.
    Under the coastwide summer flounder alternative (17-inch (43.2-cm) 
TL minimum fish size, eight-fish possession limit, and a year-round 
open season), less than 1 percent of trips aboard party/charter vessels 
would be affected, assuming that angler effort and catch rates in 2002 
are similar to 2001. The average potential revenue loss per vessel 
under this alternative was estimated to be $1,506 in Delaware, $961 in 
New Jersey, $808 in Virginia, $186 in Maryland, and $67 in Rhode 
Island. This coastwide alternative was not selected because the Council 
recommended conservation equivalency instead, because that alternative 
would be more likely to minimize economic impacts on small entities.
    The status quo summer flounder alternative would have maintained a 
15.5-inch (39.4-cm) TL minimum fish size, a three-fish possession 
limit, and an open season from May 25 to September 4. Assuming that 
angler effort in 2002 is similar to 2001, and that catch rates remain 
constant, the status quo alternative would not affect any additional 
recreational fishing trips for summer flounder in 2002. This 
alternative was not selected because it did not achieve the 
recreational harvest limit established for 2002.
    The final 2002 recreational scup measures (10-inch (25.4-cm) TL 
minimum fish size, 20-fish possession limit, and January 1 through 
February 28 and July 1 through October 2 open seasons) will affect 
approximately 4 percent of the total angler trips taken aboard party/
charter vessels in 2002, assuming catch rates and angler effort in 2002 
are similar to those in 2001. Under this alternative, the average 
maximum revenue loss per vessel 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. Scup 
Alternative 1 was selected for implementation because it would result 
in landings that do not exceed the recreational harvest limit and 
because the revenue losses associated with this alternative are less 
than those associated with Scup Alternative 2.
    As emphasized in the IRFA summary in the proposed rule, the 
methodology used in the economic analysis likely overestimates the 
potential revenue impacts associated with each alternative. The 
analysis assumes that any affected fishing trip (i.e., not in 
compliance with the management measures) in 2001 would not occur in 
2002. It is quite likely that some anglers would continue to take 
party/charter vessel trips, even if the restrictions limit their 
landings.
    The measures proposed under Scup Alternative 2 (a 9-inch (22.9-cm) 
TL minimum fish size, a 20-fish possession limit, and open seasons from 
January 1 through February 28 and September 2 through October 31) would 
affect approximately 7.3 percent of the total angler trips taken aboard 
party/charter boats in 2001, assuming catch rates and angler effort in 
2002 are similar to those in 2001. 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. This alternative was not selected because of the 
higher potential revenue losses associated with it.
    The economic impacts associated with the Council's Preferred Scup 
Alternative and with Scup Alternative 3 were summarized in the proposed 
rule and are not repeated here. The Council's Preferred Scup 
Alternative was not implemented because it would not achieve the 
landings reduction necessary to attain the 2002 scup recreational 
harvest limit and would not be in compliance with the FMP. Scup 
Alternative 3 was not selected for implementation because it specified 
a very short fishing season and, consequently, had very high associated 
potential revenue losses.
    The status quo alternative for scup would have maintained a 50-fish 
possession limit, a 9-inch (22.9-cm) TL minimum fish size, and an open 
season from August 15 through October 31. Assuming that angler effort 
in 2002 is similar to 2001 and that catch rates remain constant, the 
status quo alternative would not affect any additional recreational 
fishing trips for scup in 2001. This alternative was not selected 
because it does not meet the goals and objectives of the FMP.
    For black sea bass, about 1.8 percent of the trips aboard party/
charter vessels in 2001 would be affected by the final 2002 
recreational measures, assuming that catch rates and angler effort in 
2002 are similar to 2001. Under this alternative, the average maximum 
revenue loss per vessel is 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. This alternative was selected 
because it minimizes economic impacts and attains the goals and 
objectives of the FMP.
    Under black sea bass alternative 1 (an 11-inch (27.9-cm) TL minimum 
fish size, a 25-fish possession limit, and an open season from May 19 
through November 30) about 5.5 percent of the trips aboard party/
charter vessels would have been affected. Under this alternative, the 
average maximum revenue loss per vessel 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. This alternative was not selected because it has a 
greater negative economic impact than the selected alternative and does 
not minimize economic impacts on small entities.
    Under black sea bass Alternative 2 (an 11-inch (27.94-cm) TL 
minimum fish size, a 15-fish possession limit, and an open season from 
January 1 through February 28 and May 1 through December 26) about 5.5 
percent of the trips aboard party/charter vessels would have been 
affected. The average maximum revenue loss per vessel associated with 
this alternative 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. Black sea bass Alternative 2 was not selected because it 
would have a greater negative economic impact than the selected 
alternative and would not minimize the economic impacts on small 
entities.

[[Page 50372]]

    The status quo alternative for black sea bass would have maintained 
an 11-inch (27.9-cm) TL minimum fish size, a 25-fish possession limit, 
and open seasons from January 1 through February 28 and May 10 through 
December 31. Assuming that angler effort in 2002 is similar to 2001 and 
that catch rates remain constant, the status quo alternative would not 
affect any additional recreational fishing trips for black sea bass in 
2002. This alternative was not selected because it would not meet the 
goals and objectives of the FMP.
    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 a 
demand model limits the ability to empirically estimate how sensitive 
the affected anglers might be to the proposed regulations. Because the 
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 in 2002.
    In summary, the summer flounder recreational measures minimize 
economic impacts on small entities by allowing states to develop and 
implement measures that are most appropriate for their fisheries, yet 
are consistent with the biological objectives of the FMP. The scup 
recreational alternative that is being implemented through this final 
rule has been determined to have the lowest potential revenue losses 
associated with it, as compared to all of the alternatives that achieve 
the biological objectives of the FMP. Similarly, the black sea bass 
recreational alternative that is being implemented through this final 
rule has been determined to have the lowest potential revenue losses 
associated with it, compared to all of the alternatives that achieve 
the biological objectives of the FMP. This action does not contain any 
additional collection-of-information, reporting, recordkeeping, or 
other compliance requirements.
    This action does not duplicate, overlap, or conflict with any other 
Federal rules.
    The RIR/FRFA is available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 29, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. In Sec. 648.100, a heading is added to paragraph (d) 
introductory text to read as follows:


Sec. 648.100  Catch quotas and other restrictions.

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

    3. Section 648.102 is revised to read as follows:


Sec. 648.102  Time restrictions.

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

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


Sec. 648.103  Minimum fish sizes.

* * * * *
    (b) Unless otherwise specified pursuant to Sec. 648.107, the 
minimum size for summer flounder is 17 inches (43.2 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 Sec. 648.105, the first sentence of paragraph (a) is revised 
to read as follows:


Sec. 648.105  Possession restrictions.

    (a) Unless otherwise specified pursuant to Sec. 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. Section 648.107 is revised to read as follows:


Sec. 648.107  Conservation equivalent measures for the summer flounder 
fishery.

    (a) The Regional Administrator has determined that the recreational 
fishing measures proposed to be implemented by the states of Maine 
through North Carolina for 2002 are the conservation equivalent of the 
season, minimum size and possession limit prescribed in Secs. 648.102, 
648.103 and 648.105(a), respectively. This determination is based on a 
recommendation from the Summer Flounder Board of the Atlantic States 
Marine Fisheries Commission.
    (1) 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 conservation equivalent shall not be 
subject to the more restrictive Federal measures, pursuant to the 
provisions of Sec. 648.4(b). Those vessels shall be subject to the 
recreational fishing measures implemented by the state in which they 
land.
    (2) [Reserved]
    (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 Secs. 648.102, 
648.103(b) and 648.105(a), respectively, due to the lack of, or the 
reversal 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 
through January 1 through December 31; minimum size - 18 inches (45.7 
cm); and possession limit - one fish.

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


Sec. 648.122  Time and area restrictions.

* * * * *

[[Page 50373]]

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

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


Sec. 648.124  Minimum fish sizes.

* * * * *
    (b) The minimum size for scup is 10 inches (25.4 cm) TL for all 
vessels that do not have a moratorium permit, or for party and charter 
vessels that are issued a moratorium permit but are fishing with 
passengers for hire, or carrying more than three crew members if a 
charter boat, or more than five crew members if a party boat.
* * * * *

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


Sec. 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:


Sec. 648.142  Time restrictions.

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

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


Sec. 648.143  Minimum sizes.

* * * * *
    (b) The minimum size for black sea bass is 11.5 inches (29.2 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 Sec. 648.140.
* * * * *
[FR Doc. 02-19582 Filed 8-1-02; 8:45 am]
BILLING CODE 3510-22-P