[Federal Register Volume 67, Number 229 (Wednesday, November 27, 2002)]
[Proposed Rules]
[Pages 70904-70915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30229]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.; I.D. 110602A]
RIN 0648-AQ30


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; 2003 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 2003 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 of the species and to provide an 
opportunity for public comment. NMFS requests comment on proposed 
management measures for the 2003 summer flounder, scup, and black sea 
bass fisheries. The intent of this action is to establish allowed 2003 
harvest levels and other measures to attain the target fishing 
mortality (F) or exploitation rates, as specified for these species in 
the FMP.

DATES: Public comments must be received (see ADDRESSES) no later than 5 
p.m. eastern standard time on December 12, 2002.

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,

[[Page 70905]]

Gloucester, MA 01930-2298. The EA/RIR/IRFA is also accessible via the 
Internet at http:/www.nero.nmfs.gov.
    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--2003 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: Sarah McLaughlin, Fishery Policy 
Analyst, (978) 281-9104, 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 management units specified in the FMP include 
summer flounder (Paralichthys dentatus) in U.S. waters of the Atlantic 
Ocean from the southern border of North Carolina northward to the U.S./
Canada border, and scup (Stenotomus chrysops) and black sea bass 
(Centropristis striata) in U.S. waters of the Atlantic Ocean from 
35[deg]13.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, 
NC) northward to the U.S./Canada border. Implementing regulations for 
these fisheries are found at 50 CFR part 648, subparts A, G (summer 
flounder), H (scup), and I (black sea bass).
    The regulations 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, possession restrictions, and area restrictions) for these 
fisheries. The measures are intended to achieve the annual targets set 
forth for each species in the FMP, specified either as an F rate or an 
exploitation rate (the proportion of fish available at the beginning of 
the year that are removed by fishing during the year). Once the catch 
limits are established, they are divided into quotas based on formulas 
contained in the FMP.
    As required by the FMP, 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 annually the best available scientific information and to 
recommend catch limits and other management measures that will achieve 
the target F or exploitation rate for each fishery. The Council's 
Demersal Species Committee and the Commission's Summer Flounder, Scup, 
and Black Sea Bass Board (Board) then consider the MC's recommendations 
and any public comment and make their own recommendations. While the 
Board action is final, the Council's recommendations must be reviewed 
by NMFS to assure that they comply with FMP objectives. The Council and 
Board made their annual recommendations at a joint meeting held August 
6-8, 2002.

Explanation of Research Set-Asides

    In 2001, regulations were implemented under Framework Adjustment 1 
to the FMP to allow up to 3 percent of the Total Allowable Landings 
(TAL) for each of the species to be set aside each year for scientific 
research purposes. For the 2003 fishing year, a Request for Proposals 
was published in March 2002 to solicit research proposals based upon 
the research priorities that were identified by the Council (67 FR 
13602, March 25, 2002). The deadline for submission of proposals was 
May 13, 2002. Five applicants were notified in August 2002 that their 
research proposals had received favorable preliminary review. For 
informational purposes, this proposed rule includes a statement 
indicating the amount of quota that has been preliminarily set aside 
for research purposes. The quota set-asides may be adjusted in the 
final rule establishing the annual specifications for the summer 
flounder, scup, and black sea bass fisheries or, 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 research set-aside amount to the 
applicable TAL.

Explanation of Quota Adjustments Due to Quota Overages

    In 2002, NMFS published final regulations to implement a regulatory 
amendment (67 FR 6877, February 14, 2002) that revised the way in which 
the commercial quotas for summer flounder, scup, and black sea bass are 
adjusted if landings in any fishing year exceed the quota allocated 
(thus resulting in a quota overage). The FMP previously required that 
any landings in excess of a commercial quota allocation for a state or 
period in one year must be deducted from that state's or period's 
annual quota allocation for the following year. However, complete 
landings data for the year were not available until after the beginning 
of the subsequent fishing year. As a result, it was impossible to 
compile complete landings data for one fishing year, establish 
overages, and finalize adjustments for the following year prior to the 
start of the next fishing year on January 1. It was often necessary for 
NMFS to publish several quota adjustments over the course of the 
fishing year as additional landings data from the previous year became 
available. These frequent adjustments complicated the resource 
management efforts of state marine fisheries agencies and hampered 
efficient planning by commercial fishers.
    NMFS established a cut-off date of October 31 for landings data to 
be used in calculating quota overages and making the resultant 
adjustments to the quotas for the following fishing year. Any 
additional overages due to landings occurring after October 31, or 
landings reported late, will be deducted from a state's (or period's) 
quota allocation the next year (i.e., 2 years later). This proposed 
rule calculates commercial quotas based on the proposed TALs and TACs 
and the formulas for allocation contained in the FMP. If NMFS approves 
a different TAL or TAC at the final rule stage, the commercial quotas 
will be recalculated based on the formulas in the FMP. Likewise, if new 
information indicates that overages have occurred and deductions are 
necessary, NMFS will publish notice of the adjusted quotas in the 
Federal Register. NMFS anticipates that the information necessary to 
determine whether overage deductions are necessary will be available by 
time of publication of the final rule to implement these 
specifications. The commercial quotas contained in this proposed rule 
for summer flounder, scup, and black sea bass do not reflect any 
deductions for overages. The final rule, however, will contain quotas 
that have been adjusted consistent with the procedures described above 
and contained in the regulatory amendment. Accordingly, landings 
information will be based upon: (1) Landings reported for the period 
January 1-October 31, 2002; (2) landings from the period November 1-
December 31, 2001; and (3) late reported landings for the period 
January 1-October 31, 2001.

Summer Flounder

    The FMP specifies a target F for 2003 of Fmax, that is, 
the level of fishing that produces maximum yield per recruit. The best 
available scientific information indicates that Fmax is 
currently equal to

[[Page 70906]]

0.26 (equal to an exploitation rate of about 22 percent from fishing). 
The 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 2002, indicated 
that the summer flounder stock is overfished and overfishing is 
occurring, according to the definitions in the FMP. This conclusion was 
derived from the fact that, in 2001, the estimated total stock biomass 
of 94.6 million lb (42,900 metric tons (mt)) was below the biomass 
threshold of 117.3 million lb (53,200 mt) under which the stock is 
considered overfished (Bmsy), and the estimated F of 0.27 
was marginally above the FMP overfishing definition of 0.26 
(Fmax).
    However, the F of 0.27 estimated for 2001 represents a significant 
decline since 1994, when F was estimated to be 1.32. Also, total stock 
biomass has increased substantially from below 39.7 million lb (18,008 
mt) in 1989 to 94.6 million lb (42,900 mt) in 2001. Likewise, spawning 
stock biomass (SSB) has increased steadily from 20.51 million lb (9,303 
mt) in 1993 to 84.21 million lb (38,192 mt) in 2001, the highest value 
in the time series. Projections based on assumptions about future 
landings, discards, and recruitment to the stock indicate that, if the 
2002 TAL and projected discard level are not exceeded, total stock 
biomass will exceed, by December 31, 2002, the biomass threshold of 
117.3 million lb (53,200 mt), below which the stock would be considered 
overfished. When the total stock biomass is above this biomass 
threshold, the stock will no longer be considered overfished, although 
it will still be below the 234.6 million lb (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 the 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 the 
projections based upon these data and made a TAL recommendation to 
achieve the target F. The Summer Flounder MC recommended a TAL of 23.3 
million lb (10,569 mt), which would be allocated 13.98 million lb 
(6,341 mt) to the commercial sector and 9.32 million lb (4,227 mt) to 
the recreational sector. This TAL was determined by the MC to have a 
50-percent probability of achieving the F target (0.26) that is 
specified in the FMP, if the 2002 TAL and assumed discard levels are 
not exceeded. Biomass estimates for 2002 are lower than had previously 
been estimated, due to a combination of: recreational landings that 
have consistently exceeded the harvest targets, lower recruitment in 
recent years, and to a possible underestimation of discards in stock 
forecasts. Therefore, because the biomass estimate is smaller than 
previously estimated, the maximum TAL that has at least a 50-percent 
probability of achieving the target F is lower. It is important to 
emphasize that the recommended TAL for 2003 is still considerably 
larger than the average TAL from 1995-2001 of 18.5 million lb.
    The Council and Board reviewed the Summer Flounder MC's 
recommendation and adopted it. The Council and Board also agreed to set 
aside 91,163 lb (41.4 mt) of the summer flounder TAL for research 
activities. After deducting the research set-aside, the TAL would be 
divided into a commercial quota of 13.92 million lb (6,314 mt) and a 
recreational harvest limit of 9.28 million lb (4,209 mt).
    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 23.3-million lb (10,569-mt) TAL with 
a 91,163-lb (41.4-mt) research set-aside, as recommended by the Council 
and Board. The 9.28-million lb (4,209-mt) recreational harvest limit is 
allocated on a coastwide basis. The commercial quota is allocated to 
the states as shown in Table 1. Table 1 presents the allocations by 
state, with and without the commercial portion of the 91,163-lb (41.4-
mt) research set-aside deduction. These state quota allocations are 
preliminary and are subject to a reduction if there are overages of a 
state's 2002 quota (using the landings information and procedures 
described earlier). Any commercial quota adjustments will be published 
in the Federal Register in the final rule implementing these 
specifications.

                     Table 1. 2003 Proposed Initial Summer Flounder State Commercial Quotas
----------------------------------------------------------------------------------------------------------------
                                                                  Commercial Quota        Commercial Quota with
                                                   Percent   --------------------------    Research Set-Aside
                     State                          Share                              -------------------------
                                                                   lb         kg\1\          lb         kg\1\
----------------------------------------------------------------------------------------------------------------
ME                                                   0.04756         6649        3,016        6,623        3,004
NH                                                   0.00046           64           29           64           29
MA                                                   6.82046      953,502      432,501      949,772      430,809
RI                                                  15.68298    2,192,485      994,494    2,183,907      990,603
CT                                                   2.25708      315,540      143,127      314,306      142,567
NY                                                   7.64699    1,069,051      484,914    1,064,869      483,016
NJ                                                  16.72499    2,338,158    1,060,571    2,329,010    1,056,421
DE                                                   0.01779        2,487        1,128        2,477        1,124
MD                                                   2.03910      285,067      129,304      283,951      128,798
VA                                                  21.31676    2,980,089    1,351,746    2,968,429    1,346,457
NC                                                  27.44584    3,836,936    1,740,405    3,821,924    1,733,596
Total                                                 100.00   13,980,029    6,341,235   13,925,332    6,316,424
----------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds and do not add to the converted total due to rounding.


[[Page 70907]]

Scup

    Scup was most recently assessed at the 35th Northeast Regional 
Stock Assessment Review Committee (SARC 35) in June 2002. SARC 35 
concluded that scup are no longer overfished, but stock status with 
respect to overfishing cannot currently be evaluated. Scup SSB is 
increasing. The NEFSC spring survey 3-year average (2000 through 2002) 
for scup SSB was 3.20 kg/tow, which is about 15 percent higher than the 
threshold that defines the stock as overfished (2.77 kg/tow of SSB). 
SARC 35 noted that the change in stock status (from overfished to not 
overfished) was the result of an extremely high survey observation in 
2002 (8.94 kg/tow of SSB) and its contribution to the calculation of 
the 3-year moving average. However, SARC 35 also cautioned that the 
spring survey index for 2002 is highly uncertain because the abundance 
of all age groups in the survey increased substantially as compared 
with the 2001 results.
    SARC 35 indicated that relative exploitation rates on scup have 
declined in recent years, although the absolute value of F cannot be 
determined because of a lack of reliable discard estimates and 
information regarding the length composition of scup landings and 
discards. Overall, most recent scup survey observations indicate strong 
recruitment and some rebuilding of age structure. SARC 35 noted that 
the stock can likely sustain modest increases in catch, but that such 
increases should be taken with due consideration of the uncertainties 
associated with the stock status determination.
    The target exploitation rate for scup in 2003 is 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 sectors' 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)--38.95 percent; 
and Winter II (November-December)--15.94 percent.
    The proposed scup specifications for 2003 are based on an 
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 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 the rebuilding schedule did not appear 
to be sufficiently risk-averse. NMFS advised the Council that the 
exploitation rate reflects the overfishing definition (converted to an 
F rate) which is conceptually sound and supported by NMFS. Therefore, 
for the short term, the proposed scup specifications for 2003 are based 
on an exploitation rate of 21 percent which was found to be 
conceptually sound. NMFS believes that the long-term risks associated 
with the disapproved rebuilding plan are not applicable 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. The scup stock has shown signs of significant rebuilding and 
is no longer overfished. It is, therefore, not necessary for 2003 to 
deviate from the specified exploitation rate. Furthermore, setting the 
scup specifications using an exploitation rate of 21 percent is a more 
risk-averse approach to managing the resource than not setting any 
specifications until the Council submits, and NMFS approves, a revised 
rebuilding plan that complies with all Magnuson-Stevens Act 
requirements.
    The Scup MC reviewed the available data in making its 
recommendation to the Council. Given the uncertainty associated with 
the spring survey, the Scup MC used a new approach to develop a TAC 
recommendation. The stock is just above the overfished threshold and 
this indicates that it is at approximately Bmsy. Although 
MSY has not been calculated for scup, long-term potential catch (LTPC) 
has been used as a proxy. The NEFSC has indicated that the LTPC ranges 
from 22-33 million lb (9,979-14,969 mt), based upon historical catches. 
These results were corroborated with yield per recruit analysis 
indicating that the long-term average yield would be approximately 31 
million lb (14,061 mt). If these MSY proxies are accurate, then yields 
at Bmsy could range from approximately 11-16.5 million lb 
(4,990-7,484 mt). SARC 35 indicated that the scup stock ``can likely 
sustain modest increases in catches, but managers should do so with 
consideration of high uncertainty in stock status determination.'' 
Given this advice, the Scup MC recommended that the TAL for 2003 be 
13.5 million lb (6,123 mt), a value that is 25 percent above the 2002 
TAL, yet within the range of yields that could be expected at 
Bmsy, as discussed above. Assuming the same level of 
discards in 2003 as used in 2002 (2.15 million lb (975 mt)), the Scup 
MC recommended a TAC of 15.65 million lb (7,099 mt).
    Using the sector allocation specified in the FMP (commercial 78 
percent; recreational--22 percent), the MC's recommendation would 
result in a commercial TAC of 10.08 million lb (4,572 mt) and a 
recreational TAC of 2.84 million lb (1,288 mt). Using the same 
commercial and recreational discard estimates used for the 2001 
specifications (i.e., 2.08 million lb (943 mt) for the commercial 
sector, and 0.07 million lb (32 mt) for the recreational sector), the 
Scup MC recommendation would result in a commercial TAL of 8.0 million 
lb (3,629 mt) and a recreational harvest limit of 2.77 million lb 
(1,256 mt).
    The Council and Board reviewed the Scup MC's recommendation, but 
did not adopt it. Instead, the Council and Board adopted an 18.65-
million lb (8,459-mt) TAC and a 16.5-million lb (7,484-mt) TAL. This 
recommendation is 53 percent higher than the 2002 TAL. The Council and 
Board justified their recommendation by stating that, if scup biomass 
is approximately equal to Bmsy, then a 16.5-million lb 
(7,484-mt) TAL corresponds to 50 percent of the upper estimate of the 
scup LTPC, which is estimated to be 33 million lb (14,969 mt). This TAL 
recommendation is the upper limit of the range of yields that would be 
expected at Bmsy, the level at which the fishery is no 
longer considered overfished. The Council and Board also agreed to set 
aside 66,650 lb (30.2 mt) of the scup TAL for research activities. The 
TAL, after deducting the 66,650-lb (30.2-mt) research set-aside, would 
result in a commercial quota of 12.42 million lb (5,634 mt) and a 
recreational harvest limit of 4.01 million lb (1,819 mt).
    NMFS is proposing to implement the Council's and Board's TAC and 
TAL recommendation because it is within the range of yields that could 
be expected at Bmsy. Given the lack of information regarding 
the status of the stock (i.e., status based solely upon the survey 
indices), this method of determining the TAC/TAL is reasonable. 
Traditional methods would have resulted in a much higher TAC/TAL. If 
scup abundance is increasing, as preliminarily signals indicate, the 
Council's TAC/TAL recommendation is likely to achieve the 21-percent 
exploitation rate that is required by the FMP.

[[Page 70908]]

Disapproval of Recommended Scup Winter I Possession Limit

    To achieve the commercial quotas, the Council and Board recommended 
a 15,000-lb (6.8- mt) per week (Sunday through Saturday) landing limit 
for the scup Winter I quota period (January-April). NMFS is 
disapproving the Council's recommendation to implement a 15,000-lb 
(6.8-mt) per week landing limit for the Winter I quota period. NMFS' 
Office of Law Enforcement has indicated that a weekly landing limit 
would complicate, and possibly compromise, effective dockside 
monitoring and enforcement. With a weekly landing limit, multiple 
landings would have to be monitored for each vessel on a weekly basis. 
This would be an inefficient use of limited law enforcement resources 
and could jeopardize the effectiveness of the limit by eliminating the 
ability to assess dockside violations at the time of landing. The 
current possession limit provision is effective primarily because 
enforcement officers need only be present for one landing to assess a 
violation.
    For the Winter I period, NMFS is proposing to retain the current 
10,000-lb (4.5-mt) possession limit, with a reduction to 1,000 lb (454 
kg) when 80 percent of the period's quota is projected to be harvested. 
Public comments are requested on this proposed measure.
    For the Winter II quota period (November-December), the Council and 
Board recommended a 1,500-lb (680-kg) possession limit. NMFS is 
proposing to implement the recommended 1,500-lb (680-kg) Winter II 
possession limit.
    The Council and Board did not recommend any other changes to the 
existing commercial minimum mesh size, minimum mesh threshold 
possession limit, or the commercial minimum fish size. Therefore, these 
management measures are proposed to remain unchanged.
    The 2003 commercial allocation recommended by the Council is shown, 
by period, in Table 2. Table 2 presents the allocations with, and 
without, the 66,650-lb (30.2-mt) research set-aside deduction. These 
2003 allocations are preliminary and may be subject to downward 
adjustment due to 2002 overages in the final rule implementing these 
specifications, using the procedures for calculating overages described 
earlier.

                                       Table 2. 2003 Proposed Initial Commercial Scup Quota and Possession Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Commerical                      Possession     Limits
------------------------------------------------------------------------------------------------      Quota     ----------------------------------------
                                                                                                ----------------
                       Period                          Percent       TAC\1\        Discards\2\    W/O Research    With Research        Lb           Kg
                                                                                                    Set-Aside       Set-Aside
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I                                                  45.11       6,562,152         936,935       5,625,217       5,601,766       10,000\3\    4,536
                                                                    (2,976,542)       (424,987)     (2,551,555)     (2,540,918)
Summer                                                    38.95       5,666,056         808,991       4,857,065       4,836,816           na\*\    na\*\
                                                                    (2,570,080)       (366,952)     (2,203,128)     (2,193,943)
Winter II                                                 15.94       2,318,792         331,074       1,987,718       1,979,431           1,500      680
                                                                    (1,051,786)       (150,173)       (901,614)       (897,855)
Total\4\                                                 100.00      14,547,000       2,077,000      12,470,000      12,418,013  ..............  .......
                                                                    (6,598,408)       (942,111)     (5,656,297)     (5,632,716)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Total allowable catch, in pounds (kilograms in parentheses).
\2\ Discard estimates, in pounds (kilograms in parentheses).
\3\ The Winter I landing limit would 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.

Scup Gear Restricted Areas (GRAs)--Request for Comments

    In 2000, the 31st Stock Assessment Review Committee (SARC 31) 
emphasized the need to reduce scup mortality resulting from discards in 
the scup fishery and in other fisheries. In response to that 
recommendation, GRAs were established during the 2000 fishing year (65 
FR 33486, May 24, 2000, and 65 FR 81761, Dec. 27, 2000) and modified 
for the 2001 fishing year (66 FR 12902, March 1, 2001). 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.
    In the proposed rule for the 2002 fishing year specifications (66 
FR 58097, November 20, 2001), NMFS disapproved a Council recommendation 
that would have allowed small-mesh vessels to fish for non-exempt 
species in the GRAs, if they used specially 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). NMFS 
disapproved the recommendation because the supporting research 
regarding the effectiveness of the modified trawl gear was not 
complete.
    For the 2003 fishing year, the Council has again recommended 
allowing vessels to fish for non-exempt species with small mesh in the 
GRAs, provided they use specially modified trawl nets. In addition, 
however, the Council has recommended requiring vessels to carry 
observers, consistent with Atlantic Coastal Cooperative Statistics 
Program (ACCSP) observer standards.
    NMFS has previously indicated that gear modifications are a 
potential solution to the scup bycatch problem, but that additional 
work is needed to obtain more information regarding the effectiveness 
of the modifications. Observed trips on vessels using modified trawl 
gear could provide such information. The ACCSP observer standards 
specify a certain level of observer coverage, generally less than 100 
percent. To implement such a program, NMFS would likely need to 
require: (1) Pre-enrollment of all vessels intending to make trips into 
the GRAs; (2) declaration of the intended number of trips into the GRAs 
by each vessel; (3) notification from the vessels owner 5 days prior to 
the start of a trip; (4) issuance of waivers for trips not requiring an 
observer; and, possibly, (5) vessel monitoring systems (VMS) on board 
all participating vessels. These administrative and enforcement 
requirements preclude further consideration of this alternative at this 
time. Rather, NMFS proposes to implement an alternative requiring 100-
percent observer coverage for all vessels fishing with small mesh for 
non-exempt

[[Page 70909]]

species in the GRAs, using the modified gear. This proposed alternative 
would impose significantly fewer administrative and enforcement 
complexities, and provide more data to evaluate the effectiveness of 
the gear modifications.
    Specifically, NMFS is seeking comment through this proposed rule on 
an alternative whereby vessels fishing for non-exempt species (Loligo 
squid, black sea bass, and silver hake (whiting)) with mesh less than 
the minimum mesh size required to fish for scup (specified at Sec.  
648.123) in the GRAs (described at Sec.  648.122) for any portion of a 
trip would be required to use modified trawl gear (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 would also be required 
to carry a NMFS-certified observer. An initial enrollment would be 
required through a phone call, and NMFS would issue a Letter of 
Authorization to each participating vessel. Obtaining and paying for 
the observer would be the responsibility of the participating vessel.
    Implementation of the proposed alternative is contingent upon the 
availability of NMFS-trained and certified observers. Therefore, NMFS 
is currently working to ensure that a sufficient number of observers 
will be trained, certified, and available prior to the start of the 
GRAs on January 1, 2003. However, it is possible that all of the 
necessary components to implement successfully the proposed observer 
program may not be in place prior to the start of 2003. If implemented, 
NMFS intends to commence with the proposed Scup GRA Access Program as 
soon as practicable.

Black Sea Bass

    Black sea bass was last assessed by the 27\th\ Northeast Regional 
Stock Assessment Review Committee (SARC 27), with results published in 
December 1998. SARC 27 indicated that black sea bass are overfished and 
at a low level of abundance. 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 2001 
relative to 1996 and 1997 levels.
    Results of the spring trawl surveys conducted by the NEFSC indicate 
that the black sea bass stock size has increased in recent years. The 
3-year moving average of exploitable biomass recorded by the NEFSC 
spring trawl survey for 2000 through 2002 (0.59 kg/tow) is 64 percent 
higher than the value recorded for 1999 through 2001 (0.36 kg/tow). The 
stock is currently at approximately 2/3 the level of abundance that 
defines an overfished stock (1977-1979 average of 0.9 kg/tow of 
exploitable biomass). In addition, black sea bass recruitment indices 
(fish www.nero.nmfs.gov. A summary of the analysis follows.
    The economic analysis assessed the impacts of the various 
management alternatives. In the EA, the no action alternative is 
defined as follows: (1) no proposed specifications for the 2003 summer 
flounder, scup, and black sea bass fisheries would be published; (2) 
the indefinite management measures (minimum sizes, bag limits, 
possession limits, permit and reporting requirements, etc.) would 
remain unchanged; (3) there would be no quota set-aside allocated to 
research in 2003; and (4) there would be no specific cap on the 
allowable annual landings in these fisheries (i.e., there would be no 
quota). Because implementation of the no action alternative would be 
inconsistent with the goals and objectives of the FMP, its implementing 
regulations, and the Magnuson-Stevens Act, would substantially 
complicate the approved management program for these fisheries, and 
would very likely result in overfishing of the resources, the no action 
alternative is not considered to be a reasonable alternative to the 
preferred action and is not analyzed in the EA/RIR/IRFA.
    Alternative 1 consists of the harvest limits proposed by the 
Council and Board for summer flounder, scup, and black sea bass. 
Alternative 2 consists of the most restrictive quotas (i.e., lowest 
landings) considered by the Council and the Board for all of the 
species. Alternative 3 consists of the least restrictive quotas (i.e., 
highest landings) considered by the Council and Board for all three 
species. Although Alternative 3 would result in higher landings for 
2003, it would also likely exceed the biological targets specified in 
the FMP.
    First, a preliminary adjusted quota was calculated by deducting the 
research set-aside from the TAL. Then, the preliminary commercial quota 
overages for the 2002 fishing year were deducted from the initial 2003 
quota alternatives. The quota overages were calculated according to the 
procedures described earlier, using available data as of September 
2002. The resulting preliminary adjusted commercial quotas alternatives 
presented in Table 4 are provisional and may be further adjusted in the 
final rule implementing the 2003 specifications.

    Table 4. Comparison (in million lb) of the alternatives of quota combinations reviewed (``FLK'' is summer
                                                    flounder)
----------------------------------------------------------------------------------------------------------------
                                                                                           2003         2003
                                                          2003     2003       2002     Preliminary   Preliminary
                                                        Initial  Research  Commercial    Adjusted   Recreational
                                                          TAL      Set-       Quota     Commercial     Harvest
                                                                   Aside     Overage      Quota*        Limit
----------------------------------------------------------------------------------------------------------------
Quota Alternative 1 (Preferred)
FLK Preferred Alternative                                 23.30      0.09       0.06       13.87          9.28
Scup Preferred Alternative                                16.50      0.07       0.00       12.42          4.01
Black Sea Bass Preferred Alternative (Status quo)          6.80      0.07       0.17        3.13          3.43
Quota Alternative 2 (More Restrictive)
FLK Preferred Alternative 2                               21.50      0.09       0.06       12.79          8.56
Scup Alternative 2 (Status Quo)                           10.77      0.07       0.00        7.95          2.75
Black Sea Bass Alternative 2                               4.60      0.07       0.17        2.05          2.31
Quota Alternative 3 (Least Restrictive)
FLK Preferred Alternative 3 (Status Quo)                  24.30      0.09       0.06       14.47          9.68
Scup Alternative 3                                        22.00      0.07       0.00       16.71          5.22

[[Page 70911]]

 
Black Sea Bass Alternative 3                               7.20      0.07       0.17        3.32          3.64
----------------------------------------------------------------------------------------------------------------
\*\ Note that preliminary quotas are provisional and may change to account for overages of the 2002 quotas.

    Table 5 presents the percent change associated with each of 
commercial quota alternatives (adjusted for overages and research set-
aside) compared to the final adjusted quotas for 2002.

    Table 5. Percent change associated with adjusted commercial quota
              alternatives compared to 2002 adjusted quota
------------------------------------------------------------------------
                                    Total
                                   Changes   ---------------------------
                                  Including
                                   Overages
                                   and RSA        Quota         Quota
                                -------------  Alternative   Alternative
                                    Quota        2 (Most      3 (Least
                                 Alternative  Restrictive)  Restrictive)
                                      1
                                 (Preferred)
------------------------------------------------------------------------
Summer Flounder
Aggregate Change                      -4.48%       -11.92%       -0.34%*
Scup
Aggregate Change                     +71.22%        +9.61%      +130.36%
Black Sea Bass
Aggregate Change                      -0.10%       -34.51%        +6.16%
------------------------------------------------------------------------
\*\ Denotes status quo management measures. The status quo or ``no
  action'' measure for summer flounder, scup, and black sea bass refers
  to what most likely will occur in the absence of implementing the
  proposed regulation.

    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 2003 quotas could 
affect 1,830 vessels with a Federal summer flounder, scup, and/or black 
sea bass permit, as of July 15, 2002. However, the more immediate 
impact of this rule will likely be felt by the 1,073 vessels that 
actively participated (i.e., landed these species) in these fisheries 
in 2001, including vessels holding only state permits.
    The Council estimated the total revenues derived from all species 
landed by each vessel during calendar year 2001 to determine a vessel's 
dependence and revenue derived from a particular species. This estimate 
provided the base from which to compare the effects of the proposed 
quota changes from 2002 to 2003. For example, if 90 percent of a 
vessel's 2001 revenue was derived from summer flounder, then a small 
decrease in the summer flounder quota from 2002 to 2003 would be 
expected to have a large proportional reduction in the revenue of that 
vessel. Conversely, because that vessel did not derive a large percent 
of its revenue from scup in 2001, a large increase in the scup quota 
from 2002 to 2003 would not be expected to produce a large proportional 
increase in the revenue of that vessel. Generally, the percent of a 
vessel's revenue reduction depends upon the permits it holds and the 
species it lands. Diversity in landings helps to balance losses in one 
fishery with revenue generated from other fisheries. The Council's 
analysis of the harvest limits in Alternative 1 (Preferred Alternative) 
indicated that these harvest levels would produce a revenue increase 
for 321 commercial vessels that are expected to be impacted by this 
rule. The remaining 752 vessels were projected to incur small revenue 
losses (i.e., <5 percent) under Alternative 1. The small revenue losses 
were attributed to a decrease in the summer flounder quota and a 
decrease in the adjusted black sea bass quota.
    The Council also analyzed changes in total gross revenue that would 
occur as a result of the quota alternatives. Assuming 2001 ex-vessel 
prices (summer flounder -- $1.62/lb; scup -- $0.84/lb; and black sea 
bass -- $1.55/lb), the 2003 quotas in Preferred Alternative 1 (after 
overages have been applied) would decrease total summer flounder 
revenues by approximately $1.1 million, increase total scup revenues by 
$4.3 million, and decrease total black sea bass ex-vessel revenues by 
less than $5,000 relative to 2002 revenues.
    If the decrease in summer flounder total ex-vessel gross revenue 
associated with the Preferred Alternative is distributed equally 
between the 795 vessels that landed summer flounder in 2001, the 
average decrease in gross revenue associated with the summer flounder 
quota in the Preferred Alternative would be $1,324 per vessel. If the 
increase in scup total gross revenue associated with the Preferred 
Alternative is distributed equally

[[Page 70912]]

between the 483 vessels that landed scup in 2001, the average increase 
in gross revenue associated with the scup quota in the Preferred 
Alternative would be $8,984 per vessel and, similarly, if the decrease 
in black sea bass total gross revenue associated with the Preferred 
Alternative is distributed equally between the 740 vessels that landed 
black sea bass in 2001, the average decrease in gross revenue 
associated with the black sea bass quota in the Preferred Alternative 
would $7 per vessel.
    The overall increase in gross revenue associated with the three 
species combined in 2003 compared to 2002 is approximately $3.3 million 
(assuming 2001 ex-vessel prices) under the Preferred Alternative. If 
this is distributed among the 1,073 vessels that landed summer 
flounder, scup, and/or black sea bass in 2001, the average increase in 
revenue would be $3,058 per vessel.
    The Councils analysis of Alternative 2 (i.e., most restrictive 
harvest limits) indicated that these harvest limits would produce a 
revenue loss for most of the 1,073 commercial vessels expected to be 
impacted by this rule. Only 64 commercial vessels expected to be 
impacted by this rule would experience a revenue increase under 
Alternative 2, primarily because a large proportion of their revenues 
were derived from scup.
    An analysis of changes in total gross revenue associated with 
Alternative 2 indicated that the 2003 quotas would decrease summer 
flounder ex-vessel revenues by $2.8 million, increase scup ex-vessel 
revenues by $0.6 million, and decrease black sea bass ex-vessel 
revenues by approximately $1.7 million, relative to 2002 revenues.
    If the decrease 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 2001, the average decrease in 
gross revenue associated with the summer flounder quota in Alternative 
2 would be $3,525 per vessel. If the increase in total gross revenue 
associated with the scup quota in Alternative 2 is distributed equally 
between the 483 vessels that landed scup in 2001, the average increase 
in gross revenue associated with the scup quota in Alternative 2 would 
be $1,212 per vessel and, similarly, if the decrease in black sea bass 
total gross revenue associated with Alternative 2 is distributed 
equally between the 740 vessels that landed black sea bass in 2001, the 
average decrease in gross revenue associated with the black sea bass 
quota in Alternative 2 would be $2,264 per vessel.
    Under Alternative 2, the overall decrease in gross revenue 
associated with the three species combined in 2003 compared to 2002 is 
approximately $3.9 million (assuming 2001 ex-vessel prices). If this is 
distributed among the 1,073 vessels that landed summer flounder, scup, 
and black sea bass in 2001, the average decrease in revenue would be 
$3,635 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 1,073 commercial vessels expected to be 
impacted by this rule.
    An analysis of changes in total gross revenue associated with 
Alternative 3 indicated that the 2003 quotas (after overages have been 
applied) would decrease summer flounder ex-vessel revenues by $81,000, 
and increase scup and black sea bass ex-vessel revenues by 
approximately $7.9 million, and $0.3 million, respectively, relative to 
2002 revenues.
    If the decrease in summer flounder total gross revenue associated 
with Alternative 3 is distributed equally between the 795 vessels that 
landed summer flounder in 2001, the average decrease in gross revenue 
associated with the summer flounder quota in Alternative 3 would be 
$101 per vessel. If the increase in scup total gross revenue is 
distributed equally between the 483 vessels that landed scup in 2001, 
the average increase in gross revenue associated with the scup quota in 
Alternative 3 would be $16,444 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 740 vessels that 
landed black sea bass in 2001, the average increase in gross revenue 
associated with the black sea bass quota in Alternative 3 would be $402 
per vessel.
    The overall change in gross revenue associated with the three 
species combined in 2003 compared to 2002 would be approximately $8.2 
million (assuming 2001 ex-vessel prices) under Alternative 3. If this 
is distributed among the 1,073 vessels that landed summer flounder, 
scup, and/or black sea bass in 2001, the average increase in revenue 
would be $7,642 per vessel.
    The Council also prepared an analysis of the alternative 
recreational harvest limits. The 2003 recreational harvest limits were 
compared with previous years through 2001, 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 a 5-percent overage in 1993 
to a 122-percent overage in 2000. In 2001, summer flounder recreational 
landings were 11.64 million lb (5,280 mt), exceeding the harvest limit 
of 7.16 million lb (3,248 mt) by 63 percent.
    For summer flounder, the adjusted 2003 preferred recreational 
harvest limit of 9.28 million lb (4,209 mt) in Alternative 1 is greater 
than the recreational harvest limits for the years 1995 through 2001. 
However, it is approximately 5 percent lower than the 2002 recreational 
harvest limit, and it would be a decrease of approximately 20 percent 
from 2001 recreational summer flounder landings. The adjusted summer 
flounder Alternative 2 recreational harvest limit of 8.56 million lb 
(3,882 mt) in 2003 would be a 12-percent decrease from the 2002 
recreational harvest limit, and a 26-percent decrease from 2001 
recreational summer flounder landings. The adjusted Alternative 3 
recreational harvest limit is 9.68 million lb (4,391 mt). This is the 
status quo alternative. It is less than 1 percent lower than the 2002 
recreational harvest limit, and represents a 17-percent decrease from 
2001 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 2003 recreational 
harvest limit, depending upon the effectiveness of the 2002 
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 2003 summer flounder recreational harvest limit in 
December 2002, and will provide additional analysis of the measures 
upon submission of its recommendations in early 2003.
    Scup recreational landings declined over 89 percent for the period 
1991 to 1998, then increased by 500 percent from 1998 to 2000. In 2001, 
recreational landings were 4.26 million lb (1,932 mt). Under Preferred 
Alternative 1, the adjusted scup recreational harvest limit for 2003 
would be 4.01 million lb (1,819 mt). This is a 6-percent decrease from 
2001 recreational landings. However, it is approximately 48 percent 
higher than the scup recreational harvest limit in 2002. The 
Alternative 2 scup recreational harvest limit of 2.75 million lb (1,247 
mt) in 2003 would be the same recreational harvest level that was

[[Page 70913]]

implemented in 2002. It is a decrease of 1.51 million lb (685 mt), or 
35 percent, from 2001 estimated recreational landings. The Alternative 
3 scup recreational harvest limit of 5.22 million lb (2,368 mt) in 2003 
is 2.47 million lb (1,120 mt) higher than the 2002 recreational harvest 
limit, and 0.96 million lb (435 mt) above 2001 recreational landings. 
With Alternative 2, and possibly Alternative 1, more restrictive 
management measures might be required to prevent anglers from exceeding 
the 2003 recreational harvest limit, depending largely upon the 
effectiveness of the 2002 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 
2003 scup recreational harvest limit in December 2002, and will provide 
additional analysis of the measures upon submission of its 
recommendations early in 2003.
    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 2001, recreational landings were 
3.42 million lb (1,551 mt). For the recreational fishery, the adjusted 
2003 harvest limit under Alternative 1 is 3.43 million lb (1,558 mt). 
This is nearly identical to the 2001 recreational landings estimate and 
the 2002 recreational harvest limit. Therefore, it is not expected to 
result in negative economic impacts on the recreational fishery. Under 
Alternative 2, the 2003 recreational harvest limit would be 2.32 
million lb (1,052 mt). This level would represent a 32 percent decrease 
from 2001 recreational landings and from the 2002 recreational harvest 
limit. As such, this alternative could cause some negative economic 
impacts, depending upon the effectiveness of the 2002 recreational 
black sea bass measures. The 2003 recreational harvest limit under 
Alternative 3 would be 3.64 million lb (1,651 mt). This is 6 percent 
higher than the 2001 recreational landings estimate and the 2002 
recreational harvest limit. Alternative 3 would likely result in 
positive economic impacts on the recreational fishery. The Council 
intends to recommend specific measures to attain the 2003 black sea 
bass recreational harvest limit in December 2002, and will provide 
additional analysis of the measures upon submission of its 
recommendations early in 2003.
    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 2003. However, the Council's recommendation to 
allow vessels carrying observers (consistent with ACCSP protocol) and 
using small-mesh to fish for non-exempt species in the GRAs if they 
utilize a 5.5-inch (13.97-cm) square mesh extension between the body 
and codend of the trawl net will also have economic impacts. Similarly, 
the NMFS proposal to require 100-percent observer coverage for vessels 
participating in the Scup GRA Access Program will have economic 
impacts.
    The Scup GRA Access Program would not be mandatory. If a vessel 
owner chooses to participate in the program, it is likely that the 
additional costs of carrying an observer and using the modified gear 
would be offset by increased landings of non-exempt species (Loligo 
squid, silver hake (whiting), and black sea bass). As such, an increase 
in Loligo landings relative to 2002 would have positive economic 
impacts on the Loligo fishery, relative to the status quo. However, it 
is not possible to assess the exact monetary value associated with the 
additional harvest because quantitative data on these nets are limited.
    The actual net modifications are inexpensive and can be 
incorporated into existing nets with minimal labor. For vessels 
operating in the inshore fishery, compliance costs are estimated to be 
approximately $775 per vessel, and for vessels operating in the 
offshore fishery, costs are estimated at approximately $1,354 per 
vessel.
    The cost of one at-sea observer day is approximately $1,150, which 
would be paid by the vessel owner intending to fish in the GRAs. 
Fishing trips to the Southern GRA are expected to last approximately 4 
days, and trips to the Northern GRA are expected to last approximately 
3 days. Therefore, the total observer costs are estimated to be $4,600 
and $3,450 for trips in the Southern and Northern GRAs, respectively. 
The observer costs would be in addition to operating costs. A survey of 
small Northeast fishing vessels (<65 ft (19.8 m) in length) whose 
primary gear was otter trawl and who reported landings in New England 
indicated that average total operating cost per trip for small trawlers 
in 1996 was $267. A survey of large Northeast fishing vessels 
(65 ft (19.8 m) in length) whose primary gear was otter 
trawl and who reported landings in New England in 1997 indicated that 
the average total operating cost per trip for large trawlers in 1997 
was $2,608. The average ex-vessel value (1996-1999) of Loligo in 
directed trips in the Southern GRA is $24,013 and in the Northern GRA 
was $4,456. These values are based on the average landings of Loligo 
from 1996-1999 in the GRAs, and the average ex-vessel value (1996-1999) 
of Loligo, adjusted to 2001 dollars. Therefore, the requirement to 
carry at-sea observers would increase vessel operating costs. However, 
larger vessels fishing in the southern area would be most likely to 
recoup any increased operating costs. The observer requirement is 
anticipated to impose a larger negative impact on the profits of 
vessels fishing in the northern area. Individual vessels would need to 
assess changes in costs and revenues upon their operations before 
participating in the non-mandatory Scup GRA Access Program.
    An analysis of Vessel Trip Report (VTR) data (1996-1999) indicates 
that, on average, 72 vessels had directed Loligo trips (50% 
of the total landings were Loligo) in the GRAs, for a total of 209 
trips. Assuming that all of these vessels choose to fish the same 
number of trips in the GRAs, a 5-percent observer requirement (Council 
recommendation) would mean that approximately 11 trips would have to 
carry observers in the GRAs. A 100-percent observer requirement (NMFS 
proposal) would mean that approximately 209 trips would be required to 
carry observers in the GRAs. The actual total number of trips required 
to carry an observer would vary, depending upon the individual 
decisions of vessel owners regarding the potentially increased 
profitability of fishing in the GRAs versus additional observer costs.
    In 2002, the black sea bass possession limits were 7,000 lb (3.2 
mt) for Quarter 1, and 2,000 lb (907 kg) for Quarters 2 through 4. For 
2003, the Commission adopted state-specific allocations for 2003. If 
Amendment 13 to the FMP is approved by January 1, 2003, a Federal 
coastwide quota will go into effect to facilitate the state quotas and 
there would be no Federal possession limits. Until Amendment 13 is 
implemented, a quarterly system will remain in effect for Federal 
permit holders. Because state-by-state measures were approved by the 
Board, and there is the possibility that Federal implementation will 
not occur by January 1, 2003, the Council adopted liberal possession 
limits of 5,000 lb (2.3 mt) for Quarters 2-4, so as not to constrain 
Federal permit holders from landing in states with different landings 
limits. The possession limits in Quarters 2-4 are not expected to 
result in an overharvest of the black sea bass

[[Page 70914]]

commercial quota, since states' management measures will control 
landings. Because of the states' ability to tailor management measures 
to the needs of their fisheries, the more liberal possession limits in 
Quarters 2-4 are expected to result in positive social and economic 
impacts relative to the status quo.
    The current regulations for scup specify a 10,000-lb (4,536-kg) 
possession limit for Winter I and a 2,000-lb (907-kg) possession limit 
for Winter II. For 2003, the alternative adopted by the Council and 
Board includes a limit of 15,000 lb/week (6.8 mt/week) for Winter I and 
a possession limit of 1,500 lb (680 kg) for Winter II. The reduced 
possession limits are expected to constrain commercial landings to the 
commercial TAL and to distribute landings equitably throughout the 
periods to avoid derby-style fishing effort and associated market 
gluts. The Council and Board are recommending weekly possession limits 
for Winter I to allow fishermen to determine the best time for them to 
fish and to help avoid market gluts and unsafe fishing practices. These 
possession limits were chosen as an appropriate balance between the 
economic concerns of the industry (e.g., landing enough scup to make 
the trip economically viable) and the need to ensure the equitable 
distribution of the quota over the period. As such, the possession 
limits would be expected to result in positive social and economic 
impacts. However, due to serious enforcement concerns, NMFS is 
proposing to disapprove the recommendation for weekly possession limits 
and to retain the status-quo 10,000-lb (4,536 kg) possession limit for 
Winter I. This possession limit was successful at keeping the fishery 
open for the duration of the 2002 Winter I quota period, while nearly 
achieving the entire quota.
    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 $147,684 dockside, based on a 2001 ex-vessel 
price of $1.62 per pound. Assuming an equal reduction among all active 
vessels (i.e., 795 vessels that landed summer flounder in 2001), this 
could mean a reduction of about $186 per individual vessel. Changes in 
the summer flounder recreational harvest limit as a result of the 
91,163-lb (43,619-kg) research set-aside are not expected to be 
significant. The research set-aside would reduce the recreational 
harvest limit from 9.32 million lb (4,227 mt) to 9.28 million lb (4,209 
mt). 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 in the Preferred 
Alternative are expected to be as follows. The set-aside could be worth 
as much as $55,986 dockside, based on a 2001 ex-vessel price of $0.84 
per pound. Assuming an equal reduction for all active commercial 
vessels (i.e., 483 vessels that landed scup in 2001), this could mean a 
reduction of about $116 per vessel. Changes in the scup recreational 
harvest limit would be insignificant. The 66,650-lb (30,232-kg) 
research set-aside would reduce the scup recreational harvest limit 
from 4.03 million lb (1,828 mt) to 4.01 million lb (1,819 mt). 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 $104,898 
dockside, based on a 2001 ex-vessel price of $1.55 per pound. Assuming 
an equal reduction for all active commercial vessels (i.e., 740 vessels 
that caught black sea bass in 2001), this could mean a reduction of 
about $142 per vessel. Changes in the black sea bass recreational 
harvest limit would be minimal. The research set-aside would reduce the 
black sea bass recreational harvest limit from 3.46 million lb (1.57 
million kg) to 3.43 million lb (1.55 million kg). 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.
    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.
    In summary, the 2003 commercial quotas and recreational harvest 
limits contained in the Preferred Alternative would result in small 
decreases in summer flounder and black sea bass landings and 
substantially higher scup landings, relative to 2002. The proposed 
specifications contained in the Preferred Alternative were chosen 
because they allow for the maximum level of landings, 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 because they are enforceable and are intended to provide for 
economically viable fishing trips that will be equitably distributed 
over the entire quota period.
    The economic effects of the existing GRAs will not change as a 
result of this proposed rule. The alternative to allow small-mesh 
vessels to voluntarily fish for non-exempt species in the GRAs if they 
deploy modified trawl gear and carry a NMFS-certified observer is being 
proposed to give vessels an opportunity to fish with small-mesh trawl 
gear in the GRAs while providing much-needed data on the selectivity of 
the modified trawl gear. Although the Scup GRA Access Program does 
impose additional voluntary compliance and operating costs, this 
alternative is expected to minimize both the reporting burden on small 
entities and the administrative support required of NMFS to oversee the 
program. The Scup GRA Access Program will keep intact the scup 
conservation benefits associated with the GRAs, but provide important 
selectivity information that can be evaluated in future management 
decisions regarding the GRAs.
    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.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval. Public 
reporting burden for this collection of information is estimated to 
average approximately 2 minutes per response, including time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding whether this proposed collection 
of information is necessary for the proper performance of the functions 
of the agency, including whether the information shall have practical 
utility;

[[Page 70915]]

the accuracy of the burden estimate; ways to enhance the quality, 
utility, and clarity of the information to be collected; and ways to 
minimize the burden of the collection of information, including through 
the use of automated collection techniques or other forms of 
information technology. Send comments on these or any other aspects of 
the collection of information to Patricia A. Kurkul (see ADDRESSES), 
and to OMB at the Office of Information and Regulatory Affairs, Office 
of Management and Budget, Washington, DC 20503 (Attention: NOAA Desk 
Officer).
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 22, 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 Sec.  648.14, paragraph (a)(122) is revised to read as 
follows:


Sec.  648.14  Prohibitions.

    (a) * * *
    (122) Fish for, catch, possess, retain or land Loligo squid, silver 
hake, or black sea bass in or from the areas and during the time 
periods described in Sec.  648.122(a) or (b) while in possession of any 
trawl nets or netting that do not meet the minimum mesh restrictions or 
that are obstructed or constricted as specified in Sec.  648.122 and 
Sec.  648.123(a), unless the nets or netting are stowed in accordance 
with Sec.  648.23(b), or unless the vessel is in compliance with the 
Gear Restricted Area Access Program requirements specified at Sec.  
648.122(d).

    3. In Sec.  648.122, paragraphs (a)(1) and (b)(1) are revised, and 
paragraph (d)(1) is added to read as follows:


Sec.  648.122  Season and area restrictions.

    (a) * * *
    (1) Restrictions. From January 1 through March 15, all trawl 
vessels in the Southern Gear Restricted Area that fish for or possess 
non-exempt species as specified in paragraph (a)(2) of this section, 
except for vessels participating in the Gear Restricted Area Access 
Program that are fishing with modified trawl gear and carrying a NMFS-
certified observer as specified in paragraph (d) of this section, 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. For codends with fewer than 
75 meshes, the minimum-mesh-size codend must be a minimum of one-third 
of the net, measured from the terminus of the codend to the headrope, 
excluding any turtle excluder device extension, unless otherwise 
specified in this section. The Southern Gear Restricted Area is an area 
bounded by straight lines connecting the following points in the order 
stated (copies of a chart depicting the area are available from the 
Regional Administrator upon request):

                      SOUTHERN GEAR RESTRICTED AREA
------------------------------------------------------------------------
                       Point                         N. Lat.    W. Long.
------------------------------------------------------------------------
SGA1                                                39[deg]20  72[deg]50
                                                            '          '
SGA2                                                39[deg]20  72[deg]50
                                                            '          '
SGA3                                                38[deg]00  73[deg]55
                                                            '          '
SGA4                                                37[deg]00  74[deg]40
                                                            '          '
SGA5                                                36[deg]30  74[deg]40
                                                            '          '
SGA6                                                36[deg]30  75[deg]00
                                                            '          '
SGA7                                                37[deg]00  75[deg]00
                                                            '          '
SGA8                                                38[deg]00  74[deg]20
                                                            '          '
SGA1                                                39[deg]20  72[deg]50
                                                            '          '
------------------------------------------------------------------------

    (b) * * *
    (1) Restrictions. From November 1 through December 31, all trawl 
vessels in the Northern Gear Restricted Area I that fish for or possess 
non-exempt species as specified in paragraph (b)(2) of this section, 
except for vessels participating in the Gear Restricted Area Access 
Program that are fishing with modified trawl gear and carrying a NMFS-
certified observer as specified in paragraph (d) of this section, 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. For codends with fewer than 
75 meshes, the minimum-mesh-size codend must be a minimum of one-third 
of the net, measured from the terminus of the codend to the headrope, 
excluding any turtle excluder device extension, unless otherwise 
specified in this section. The Northern Gear Restricted Area I is an 
area bounded by straight lines connecting the following points in the 
order stated (copies of a chart depicting the area are available from 
the Regional Administrator upon request):

                     NORTHERN GEAR RESTRICTED AREA 1
------------------------------------------------------------------------
                       Point                         N. Lat.    W. Long.
------------------------------------------------------------------------
NGA1                                                41[deg]00  71[deg]00
                                                            '          '
NGA2                                                41[deg]00  71[deg]30
                                                            '          '
NGA3                                                40[deg]00  72[deg]40
                                                            '          '
NGA4                                                40[deg]00  72[deg]05
                                                            '          '
NGA1                                                41[deg]00  71[deg]00
                                                            '          '
------------------------------------------------------------------------

* * * * *
    (d) Gear Restricted Area Access Program-Vessels that are subject to 
the provisions of the Southern and Northern Gear Restricted Areas, as 
specified in paragraphs (a) and (b) of this section, respectively, may 
fish for, or possess, non-exempt species using trawl nets having a 
minimum mesh size less than that specified in paragraphs (a) and (b) of 
this section, provided that:
    (1) The vessel possesses on board all required Federal fishery 
permits and a Scup GRA Access Program Exemption Authorization issued by 
the Regional Administrator, Northeast Region, and is in compliance with 
all conditions and restrictions specified in the Scup GRA Access 
Program Exemption Authorization;
    (2) The vessel must carry a NMFS-approved observer on board if any 
portion of the trip will be, or is, in a GRA; and,
    (3) While fishing in a GRA, the vessel must fish only with a 
specially modified trawl net that has an escapement extension 
consisting of 45 meshes of 5.5-inch (13.97-cm) square mesh that is 
positioned behind the body of the net and in front of the codend.
[FR Doc. 02-30229 Filed 11-26-02; 8:45 am]
BILLING CODE 3510-22-S