[Federal Register Volume 68, Number 1 (Thursday, January 2, 2003)]
[Rules and Regulations]
[Pages 60-68]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-33135]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 021122284-2323-02; 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: Final rule, final 2003 specifications, and preliminary 
commercial quota adjustment; notification of 2003 commercial summer 
flounder quota harvest for the states of Maine and Delaware.

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SUMMARY: NMFS issues final specifications for the 2003 summer flounder, 
scup, and black sea bass fisheries and makes preliminary adjustments to 
the 2003 commercial quotas for these fisheries. This final rule 
specifies allowed harvest limits for both commercial and recreational 
fisheries, as well as other commercial management measures, including 
scup and black sea bass possession limits and scup observer coverage. 
This action also prohibits federally permitted commercial vessels from 
landing summer flounder in the States of Maine and Delaware in 2003. 
Regulations governing the summer flounder fishery require publication 
of this notification to advise these states, Federal vessel permit 
holders, and Federal dealer permit holders that no commercial quota is 
available for landing summer flounder in Maine and Delaware in 2003. 
The intent of this action is to establish allowed 2003 harvest levels 
and other measures to attain the target fishing mortality or 
exploitation rates, as specified for these species in the Summer 
Flounder, Scup, and Black Sea Bass Fishery Management Plan (FMP).

DATES: The 2003 final specifications are effective from January 2, 2003 
through December 31, 2003. The prohibition on landings of summer 
flounder in Maine and Delaware by Federal permit holders is effective 
0001 hours January 1, 2003, through 2400 hours December 31, 2003. 
Amendments to sections 648.14(a)(122), 648.14(a)(127), 648.122(a), 
648.122(b), and 648.122(d) require approval by the Office of Management 
and Budget (OMB) under the Paperwork reduction Act (PRA). When OMB 
approval is received , the effective date will be announced in the 
Federal Register.

ADDRESSES: Copies of supporting documents used by the Summer Flounder, 
Scup, and Black Sea Bass Monitoring Committees; the Environmental 
Assessment, Regulatory Impact Review, Final Regulatory Flexibility 
Analysis (EA/RIR/FRFA); and the Essential Fish Habitat Assessment are 
available from Patricia A. Kurkul, Regional Administrator, Northeast 
Region, National Marine Fisheries Service, One Blackburn Drive, 
Gloucester, MA 01930-2298. The EA/RIR/FRFA is also accessible via the 
Internet at http://www.nero.nmfs.gov.

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

SUPPLEMENTARY INFORMATION:

Background

    The summer flounder, scup, and black sea bass fisheries are managed 
cooperatively by the Atlantic States Marine Fisheries Commission 
(Commission) and the Mid-Atlantic Fishery Management Council (Council), 
in consultation with the New England and South Atlantic Fishery 
Management Councils. The 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).
    Pursuant to Sec. Sec.  648.100 (summer flounder), 648.120 (scup), 
and 648.140 (black sea bass), the Administrator, Northeast Region, 
NMFS, (Regional Administrator) implements measures for the fishing year 
intended to achieve the annual targets set forth for each species in 
the FMP, specified either as a fishing mortality rate (F) or as an 
exploitation rate (the proportion of fish available at the beginning of 
the year that are

[[Page 61]]

removed by fishing during the year). Once the catch limits are 
established, they are divided into quotas based on formulas contained 
in the FMP. The management measures (e.g., commercial quotas, 
recreational harvest limits, minimum mesh requirements, minimum fish 
sizes, possession limits, and other gear restrictions) are summarized 
below, by species. Detailed background information regarding the status 
of the summer flounder, scup, and black sea bass stocks and the 
development of the 2003 specifications for these species was provided 
in the proposed specifications (67 FR 70904, November 27, 2002). That 
information is not repeated here. NMFS makes three corrections to the 
text published in the proposed 2003 specifications in this final rule. 
The term \1/2\ Bmsy used for summer flounder and scup 
indicates the biomass threshold below which the stock is considered 
overfished. This term was inadvertently published as Bmsy in 
the proposed specifications (Bmsy is the biomass level at 
which maximum sustainable yield (MSY) can be achieved), but because an 
accurate numeric range of yields at \1/2\ Bmsy was included, 
the information was not misleading. The 2003 commercial scup quotas by 
period (with research set-aside deducted) are corrected to reflect the 
percent share of the total quota less the research set-aside; the 
changes are slight, measuring less than one percent of the published 
figure in each case. Finally, as discussed in greater detail below, the 
cost to a fishing vessel of one at-sea observer day is estimated to be 
approximately $600, subject to finalization of observer program 
details, which would be paid by the vessel owner intending to fish in 
the scup Gear Restricted Areas (GRAs) under the scup GRA Exemption 
Program (see below for additional information).
    NMFS will establish the 2003 recreational management measures for 
summer flounder, scup, and black sea bass by publishing a proposed and 
final rule in the Federal Register at a later date, following receipt 
of the Council's recommendations as specified in the FMP.

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 0.26 (equal to an exploitation rate of about 22 
percent from fishing). The Total Allowable Landings (TAL) associated 
with the target F is allocated 60 percent to the commercial sector and 
40 percent to the recreational sector. The commercial quota is 
allocated to the coastal states based upon percentage shares specified 
in the FMP. The recreational harvest limit is specified on a coastwide 
basis. Recreational measures will be the subject of a separate 
rulemaking early in 2003.
    This final rule implements the specifications contained in the 
proposed rule. This implementation results in a 23.3-million lb 
(10,569-mt) summer flounder TAL, which is 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 Council's 
Summer Flounder Monitoring Committee (MC) to have at least a 50-percent 
probability of achieving the target F (0.26) that is specified in the 
FMP if the 2002 TAL and anticipated discard levels are not exceeded.
    The proposed rule reflected the Council's and Board's 
recommendation to set aside 91,163 lb (41.4 mt) of the summer flounder 
TAL for research activities. The research set-aside process included 
the publication of a Request for Proposals that solicited proposals for 
2003, based upon the research priorities identified by the Council (67 
FR 13602, March 25, 2002). The deadline for submission of proposals was 
May 13, 2002. The Council recommended the approval of two research 
projects that would utilize the full summer flounder research quota. 
The summer flounder TAL having been adjusted to reflect this research 
set-aside, is 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). If any of these projects is not approved by the NOAA Grants 
Office, the research quota associated with the disapproved proposal(s) 
will be restored to the summer flounder TAL through publication of a 
notice in the Federal Register by NMFS.
    Table 1 presents the final 2002 commercial summer flounder quota 
for each state, the reported 2002 landings for each state through 
October 31, 2002, and the resultant 2002 quota overages.

                     Table 1.--Summer Flounder Preliminary Commercial 2002 Landings by State
----------------------------------------------------------------------------------------------------------------
                                         2002 Quota \1\        Reported 2002 landings   Preliminary 2002 overage
                                   --------------------------     through 10/31/02     -------------------------
               State                                         --------------------------
                                       lb \2\       kg 2,3         lb         kg \3\         lb         kg \3\
----------------------------------------------------------------------------------------------------------------
ME................................     (12,938)      (5,868)          575          261       13,513        6,129
NH................................           67           30           22           10            0            0
MA................................      938,765      425,817      981,263      445,098       42,498       19,277
RI................................    2,286,310    1,037,053    2,490,431    1,129,652      204,121       92,589
CT................................      329,044      149,252      342,227      155,233       13,183        5,980
NY................................    1,114,800      505,665      946,584      429,368            0            0
NJ................................    2,438,217    1,105,957    2,373,209    1,076,481            0            0
DE................................     (43,647)     (19,798)        4,439        2,014       48,086       21,812
MD................................      297,266      134,838      268,574      121,824            0            0
VA................................    3,107,619    1,409,592    3,183,643    1,444,091       76,024       34,484
NC................................    4,001,133    1,814,883    3,808,380    1,727,470            0            0
                                   --------------
    Total \4\.....................   14,456,636    6,557,421   14,399,347    6,531,501      397,425     180,271
----------------------------------------------------------------------------------------------------------------
\1\ Reflects quotas as published on December 26, 2001 (66 FR 66348).
\2\ Parentheses indicate a negative number.
\3\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\4\ Total quota is the sum of all states having allocation. A state with a negative number has an allocation of
  zero (0). Total quota and total landings do not equal the overage because they reflect positive quota balances
  in several states.


[[Page 62]]

    Based upon 2002 landings through October 31, 2002, NMFS adjusts the 
2003 commercial quotas for 2002 quota overages. The commercial summer 
flounder percent share, 2003 initial quota (with and without the 
research set-aside deduction), 2002 quota overages, and the adjusted 
quotas (with and without the research set-aside deduction) for 2003, by 
state, are presented in Table 2.

                                                         Table 2.--Final State-by-State Commercial Summer Flounder Allocations for 2003
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              2003 Initial quota      2003 Initial quota,    2002 Quota overages    Adjusted 2003 quota    Adjusted 2003 quota,
                                                                           ------------------------   less research set-     (through 10/31/02)             \3\             less research set-
                             State                                Percent                                    aside                   \2\         ------------------------          aside
                                                                   share         lb        kg \1\  ----------------------------------------------                        -----------------------
                                                                                                         lb        kg \1\       lb       kg \1\        lb        kg \1\        lb        kg \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ME.............................................................    0.04756        6,649      3,016        6,623      3,004     13,513      6,129      (6,864)    (3,113)      (6,890)    (3,125)
NH.............................................................    0.00046           64         29           64         29          0          0           64         29           64         29
MA.............................................................    6.82046      953,502    432,501      949,772    430,809     42,498     19,277      911,004    413,229      907,274    411,537
RI.............................................................   15.68298    2,192,485    994,494    2,183,907    990,603    204,121     92,589    1,988,364    901,916    1,979,786    898,025
CT.............................................................    2.25708      315,540    143,127      314,306    142,567     13,183      5,980      302,357    137,148      301,123    136,588
NY.............................................................    7.64699    1,069,051    484,914    1,064,869    483,016          0          0    1,069,051    484,918    1,064,869    483,021
NJ.............................................................   16.72499    2,338,158  1,060,571    2,329,010  1,056,421          0          0    2,338,158  1,060,582    2,329,010  1,056,432
DE.............................................................    0.01779        2,487      1,128        2,477      1,124     48,086     21,812     (45,599)   (20,684)     (45,609)   (20,688)
MD.............................................................    2.03910      285,067    129,304      283,951    128,798          0          0      285,067    129,306      283,951    128,799
VA.............................................................   21.31676    2,980,089  1,351,746    2,968,429  1,346,457     76,024     34,484    2,904,065  1,317,275    2,892,405  1,311,986
NC.............................................................   27.44584    3,836,936  1,740,405    3,821,924  1,733,596          0          0    3,836,936  1,740,423    3,821,924  1,733,613
                                                                ------------
    Total \4\..................................................     100.00   13,980,028  6,341,235   13,925,332  6,316,424    397,425    180,271   13,582,603  6,161,029   13,527,907  6,136,218
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\2\ For Maine and Delaware, includes continued repayment of overharvest from 2001.
\3\ Parentheses indicate a negative number.
\4\ Total quota is the sum of all states having allocation. A state with a negative number has an allocation of zero (0).

    The Commission has established a system whereby 15 percent of each 
state's quota may 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 ensuring that 
the state's overall quota is not exceeded. These Commission set-asides 
are not included in these 2003 final specifications because NMFS does 
not have authority to establish such subcategories.

Maine and Delaware Summer Flounder Closures

    Table 2 above indicates that, for the States of Maine and Delaware, 
the amount of the 2002 summer flounder quota overage (inclusive of 
overharvest from 2001) is greater than the amount of commercial quota 
allocated to those states for 2003. As a result, there is no quota 
available for 2003 in either Maine or Delaware. The regulations at 
Sec.  648.4(b) provide that Federal permit holders agree, as a 
condition of their permit, must not land summer flounder in any state 
that the Regional Administrator has determined no longer has commercial 
quota available for harvest. Therefore, effective January 1, 2003, 
landings of summer flounder in Delaware and Maine by vessels holding 
commercial Federal fisheries permits are prohibited for the 2003 
calendar year, unless additional quota becomes available through a 
quota transfer and is announced in the Federal Register. Federally 
permitted dealers are advised that they may not purchase summer 
flounder from federally permitted vessels that land in Maine or 
Delaware for the 2003 calendar year, unless additional quota becomes 
available through a transfer.

Scup

    The target exploitation rate for scup in 2003 is 21 percent. The 
FMP allocates 78 percent of the total allowable catch (TAC) associated 
with the exploitation rate to the commercial sector and 22 percent of 
the TAC to the recreational sector. Scup discard estimates are deducted 
from both sectors' TACs to establish TALs for each sector. 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 recreational harvest limit is allocated 
on a coastwide basis. Recreational measures will be the subject of a 
separate rulemaking early in 2003.
    This final rule implements the annual quota specifications 
contained in the proposed rule. This implementation results in a 18.65-
million lb (8,459-mt) scup TAC and in a 16.5-million lb (7,484-mt) TAL. 
Three research projects that would utilize the full scup research 
quota, 66,650 lb (30.2 mt), have been recommended for approval. The 
scup TAL, having been adjusted to reflect this research set-aside, is 
divided into a commercial quota of 12.42 million lb (5,634 mt) and a 
recreational harvest limit of 4.01 million lb (1,819 mt). If any of 
these projects is not approved by the NOAA Grants Office, the research 
quota associated with the disapproved proposal(s) will be restored to 
the scup TAL through publication of a notice in the Federal Register by 
NMFS.
    Table 3 presents the final 2002 commercial scup quota for each 
period, the reported 2002 landings for the 2002 Winter I and Summer 
periods, and the resultant 2002 quota overages.

              Table 3.--Scup Preliminary 2002 Commercial Landings by Quota Period and 2002 Overages
----------------------------------------------------------------------------------------------------------------
                                         2002 Quota \1\        Reported 2002 landings    Preliminary overages as
                                   --------------------------     through 10/31/02             of 10/31/02
           Quota period                                      ---------------------------------------------------
                                         lb         kg \2\         lb         kg \2\         lb         kg \2\
----------------------------------------------------------------------------------------------------------------
Winter I..........................    3,517,300    1,595,420    3,159,999    1,433,366            0            0
Summer............................    2,556,595    1,159,652    2,959,349    1,342,352      402,754      182,688

[[Page 63]]

 
Winter II.........................    1,179,502      535,019      n/a \3\      n/a \3\      n/a \3\      n/a \3\
                                   --------------
    Total.........................    7,253,397    3,290,091    6,119,351    2,775,723  ...........  ...........
----------------------------------------------------------------------------------------------------------------
\1\ Winter I and Summer Quotas as published on December 26, 2001 (66 FR 66348); Winter II quota as published on
  July 31, 2002 (67 FR 49621).
\2\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\3\ Not applicable.

    Table 4 presents the commercial scup percent share, 2003 TAC, 
projected discards, 2003 initial quota (with and without the research 
set-aside deduction), and possession limits. To achieve the commercial 
quotas, this final rule implements a Winter I period (January-April) 
per trip possession limit of 15,000 lb (6.8 mt), and a Winter II period 
(November-December) per trip possession limit of 1,500 lb (680 kg). The 
Winter I per trip possession limit will be reduced to 1,000 lb (454 kg) 
when 80 percent of the commercial quota allocated to that period is 
projected to be harvested. See Response to Comment 1 (below) for 
additional information about the Winter I possession limit.

                                                          Table 4.--Initial Commercial Scup Quota Allocations for 2003 by Quota Period
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Total allowable catch           Discards              Initial quota w/o        Initial quota, less     Possession limits  (per
                                                     Percent   ----------------------------------------------------    research set-aside        research set-aside             trip) \2\
                      Period                          share                                                        -----------------------------------------------------------------------------
                                                                     lb         kg \1\         lb         kg \1\         lb         kg \1\         lb         kg \1\         lb         kg \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I.........................................        45.11    6,562,152    2,976,542      936,935      424,987    5,625,217    2,551,555    5,602,495    2,541,275       15,000        6,804
Summer...........................................        38.95    5,666,056    2,570,080      808,991      366,952    4,857,065    2,203,128    4,837,445    2,194,251      n/a \3\      n/a \3\
Winter II........................................        15.94    2,318,792    1,051,786      331,074      150,173    1,987,718      901,614    1,979,689      897,981        1,500          680
                                                  --------------
    Total........................................       100.00   14,547,000    6,598,408    2,077,000      942,111   12,470,000    5,656,297   12,419,629    5,633,507  ...........  ...........
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\2\ The Winter I landing limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period's allocation.
\3\ Not applicable.

    Table 5 presents the initial 2003 commercial scup quota allocations 
(with the research set-aside deductions), 2002 commercial quota 
overages for Winter I and Summer periods, as of October 31, 2002, and 
the adjusted 2003 commercial scup quotas, by period.

                        Table 5.--Final 2003 Commercial Scup Quota Allocations by Period
----------------------------------------------------------------------------------------------------------------
                                    2003 initial quota, less     2002 quota overages       2003 Adjusted quota
                                        research set-aside        through 10/31/02     -------------------------
           Quota period            ----------------------------------------------------
                                         lb         kg \1\         lb         kg \1\         lb         kg \1\
----------------------------------------------------------------------------------------------------------------
Winter I..........................    5,602,495    2,541,275            0            0    5,602,495    2,541,275
Summer............................    4,837,445    2,194,251      402,754      182,688    4,434,691    2,011,563
Winter II.........................    1,979,689      897,981      \2\ n/a      \2\ n/a    1,979,689      897,981
                                   --------------
    Total.........................   12,419,629    5,633,507      402,754      182,688   12,016,875   5,450,819
----------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\2\ Not applicable.

Scup Gear Restricted Areas (GRAs)

    In the preamble to the proposed rule, NMFS explained the reasons 
for its disapproval of the Council's recommendation to allow vessels to 
fish for non-exempt species with small mesh in the GRAs, provided that 
they use modified trawl nets and carry observers, consistent with 
Atlantic Coastal Cooperative Statistics Program (ACCSP) observer 
standards. That rationale continues to apply and is not repeated here. 
In the proposed rule, NMFS requested comment on an alternative whereby 
all 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 also would be required to carry a NMFS-
certified observer. The alternative would require an initial enrollment 
be made through a phone call and that NMFS issue a Letter of 
Authorization to each participating vessel. Obtaining and paying for 
the observer would be the responsibility of the participating vessel. 
NMFS clarifies in this final rule that the cost to the fishing vessel 
of one at-sea observer day is estimated to be approximately $600, 
subject to finalization of observer program details, which would be 
paid by the vessel owner intending to fish in the GRAs. The proposed 
rule indicated an estimate of $1,150 per observer day, but this figure 
reflected the total program costs

[[Page 64]]

per at-sea observer day, including administrative and other costs 
associated with the observer program that will be paid for by NMFS.

Black Sea Bass

    Amendment 9 to the FMP, which was approved in 1996, established a 
recovery schedule to reduce overfishing on black sea bass over an 8-
year timeframe. In 2003, the target exploitation rate is scheduled to 
drop from 37 percent to 25 percent, which is the exploitation rate 
associated with Fmax (0.32). The FMP allocates 49 percent of 
the TAL associated with the exploitation rate to the commercial sector 
and 51 percent of the TAL to the recreational sector. The commercial 
TAL then is divided on a coastwide basis into four quarterly periods: 
Quarter 1 (January-March)--38.64 percent; Quarter 2 (April-June)--29.26 
percent; Quarter 3 (July-September)--12.33 percent; and Quarter 4 
(October-December)--19.77 percent. The recreational TAL is specified as 
a coastwide harvest limit. Recreational measures will be the subject of 
a separate rulemaking early in 2003.
    This final rule implements the specifications contained in the 
proposed rule. This implementation results in a TAL of 6.8 million lb 
(3,084 mt). Three research projects that would utilize the full black 
sea bass research quota have been recommended for approval by the 
Council. The black sea bass TAL, having been adjusted to reflect this 
research set-aside, is divided into a commercial quota of 3.3 million 
lb (1,496 mt) and a recreational harvest limit of 3.43 million lb 
(1,557 mt). If any of these projects is not approved by the NOAA Grants 
Office, the research quota associated with the disapproved proposal(s) 
will be restored to the black sea bass TAL through publication of a 
notice in the Federal Register by NMFS.
    Table 6 presents the final 2002 commercial black sea bass quota for 
each quarter, the reported 2002 landings for Quarters 1 through 3, and 
the resultant 2002 quota overages.

           Table 6.--Black Sea Bass Preliminary 2002 Commercial Landings by Quarter and 2002 Overages
----------------------------------------------------------------------------------------------------------------
                                         2002 Quota \1\        Reported 2002 landings   2002 overages as of  10/
                                   --------------------------     through 10/31/02                31/02
              Quarter                                        ---------------------------------------------------
                                         lb         kg \2\         lb         kg \2\         lb         kg \2\
----------------------------------------------------------------------------------------------------------------
Quarter 1.........................    1,220,052      553,406    1,297,059      588,342       77,007       34,930
Quarter 2.........................      856,208      388,369    1,070,546      485,596      214,338       97,223
Quarter 3.........................      400,101      181,483      405,560      183,961        5,459        2,476
Quarter 4.........................      656,274      297,681      \3\ n/a      \3\ n/a      \3\ n/a      \3\ n/a
                                   --------------
    Total.........................    3,132,635    1,420,939    2,773,165    1,257,899  ...........  ...........
----------------------------------------------------------------------------------------------------------------
\1\ Quarter 1 through 3 quotas as published on December 26, 2001 (66 FR 66348); Adjusted Quarter 4 quota as
  published on September 3, 2002 (67 FR 56229).
\2\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\3\ Not applicable.

    Table 7 presents the initial 2003 commercial black sea bass quota 
allocations, with and without the research set-aside deduction, and the 
commercial possession limits being implemented through this final rule.

                         Table 7.--Initial Commercial Black Sea Bass Quota Allocations and Possession Limits for 2003 by Quarter
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                              Commercial quota w/o     Commercial quota, less       Possession limits
                                                                 Percent       research set-aside        research set-aside    -------------------------
                           Quarter                                share    ----------------------------------------------------
                                                                                 lb         kg\1\          lb         kg\1\          lb         kg\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
 1...........................................................        38.64    1,287,485      583,993    1,274,671      578,181        7,000        3,175
 2...........................................................        29.26      974,943      442,227      965,240      437,826        5,000        2,268
 3...........................................................        12.33      410,836      186,352      406,747      184,497        5,000        2,268
 4...........................................................        19.77      658,736      298,798      652,180      295,824        5,000        2,268
                                                              --------------
     Total...................................................       100.00    3,332,000    1,511,370    3,298,838    1,496,328  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
 \1\ Kilograms are as converted from pounds and may not necessarily add due to rounding.

    Table 8 presents the initial 2003 commercial black sea bass quota 
allocations (with the research set-aside deductions), 2002 commercial 
quota overages for Quarters 1-3 as of October 31, 2002, and the 
adjusted 2003 commercial black sea bass quotas, by period.

                   Table 8.--Final 2003 Commercial Black Sea Bass Quota Allocations by Period
----------------------------------------------------------------------------------------------------------------
                                    2003 Initial quota, less     2002 Quota Overages       2003 Adjusted quota
                                        research set-aside        through 10/31/02     -------------------------
              Quarter              ----------------------------------------------------
                                         lb         kg\1\          lb         kg\1\          lb         kg\1\
----------------------------------------------------------------------------------------------------------------
 Quarter 1........................    1,274,671      578,181       77,007       34,930    1,197,664      543,257
 Quarter 2........................      965,240      437,826      214,338       97,223      750,902      340,607
 Quarter 3........................      406,747      184,497        5,459        2,476      401,288      182,023
 Quarter 4........................      652,180      295,824       n/a\2\       n/a\2\      652,180      295,824
 

[[Page 65]]

 
    Total.........................    3,298,838    1,496,328  ...........  ...........    3,002,034   1,361,711
----------------------------------------------------------------------------------------------------------------
 \1\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\2\ Not applicable.

Changes From Proposed Rule

    For the Winter I scup fishery, NMFS is implementing a possession 
limit of 15,000 lb (6.8 mt) per trip rather than a possession limit of 
10,000 lb (4.5 mt) per trip as originally proposed. This final rule 
includes the final adjusted commercial quotas for 2003, after 
accounting for overages in 2002 (through October 31, 2002).

Comments and Responses

    Comments were received on the proposed measures from an 
organization representing the commercial fishing industry and a state 
marine fisheries agency.
    Comment 1: Both commenters expressed concern with NMFS' disapproval 
of the Council's and Board's recommendation for a 15,000-lb (6.8-mt) 
per week landing limit for the scup Winter I period (January-April). 
The commenters indicated that several states are in the process of 
amending their regulations to implement a weekly limit and that, if 
NMFS implements the 10,000-lb (4.5-mt) per trip possession limit, the 
quota would be exhausted quickly and there would be confusion in the 
commercial fishery regarding compliance. The commenters indicated that 
the majority of the states are willing and able to share the 
enforcement burden associated with monitoring a weekly landing limit, 
and encouraged NMFS to implement the measure for the 2003 season and 
later assess whether additional enforcement efforts are required, 
should there be infractions. The commenters stressed that the 
commercial scup industry has requested the weekly limit to assure 
availability of quota throughout the fishing year and that its members 
will comply with the measure, as it is in their own interest to do so. 
The industry group comment states that the adoption of the weekly limit 
would also reduce regulatory discards associated with the final tow of 
each fishing trip (made to fill the limit).
    Response: In the proposed rule, NMFS articulated its concern 
regarding the increased resources required to monitor and enforce a 
weekly limit. However, NMFS recognizes the efforts of industry to 
extend fishing opportunities, improve market conditions in the scup 
fishery, and to reduce regulatory discards, as well as the intent of 
the majority of the affected states to enforce a 15,000-lb (6.8-mt) per 
week landing limit. Therefore, based on comments received and on 
discussions with the states, NMFS has determined that implementation of 
a 15,000-lb (6.8-mt) possession limit per trip would be compatible with 
the states' 15,000-lb (6.8-mt) weekly landing limits, would be 
enforceable, and would benefit the industry. Landings will continue to 
be constrained by the Winter I quota, so overall landings and effects 
on the resource will not change.
    In cases where state regulations regarding trip limits are more 
restrictive than this 15,000-lb (6.8-mt) trip limit, the state 
regulations would apply. That is, vessels landing scup in states with 
more restrictive possession limits may need to make more than one trip 
to reach the weekly limit, if that state is enforcing a 15,000-lb (6.8-
mt) weekly landing limit.
    Comment 2: A commercial fishing industry group indicated that a 
recent study demonstrated that the discard of scup in the Loligo 
fishery was less than 1 percent of the Loligo catch. The commenter 
stated that, as the small mesh Loligo fishery is not responsible for a 
significant portion of the scup discard problem, the fishery should be 
exempted from the GRA restrictions. The commenter further suggested 
that GRAs should be ended as a management tool for all small mesh 
fisheries. Until such time, the group suggested that NMFS require the 
use of 5.5-inch (13.97-cm) escapement panels in the GRAs and allow 
vessels using the gear access to the GRAs.
    Response: NMFS supports the use of gear modifications for bycatch 
reduction as a potential replacement for area-based restrictions; 
however, at this time, the use of 5.5-inch (13.97-cm) escapement panels 
has not been demonstrated to reduce the bycatch of scup relative to the 
catch of non-exempt species, including Loligo. Until such time as gear 
modifications, or other suitable measures, are demonstrated to reduce 
sufficiently the bycatch of scup in the fisheries for non-exempt 
species, the GRAs will be considered to be a necessary measure. NMFS 
recognizes the need to collect information to clarify this issue and is 
implementing the Scup GRA Exemption Program in order to facilitate the 
collection of information necessary to evaluate the effectiveness of 
the 5.5-inch (13.97-cm) escapement panel in reducing the bycatch of 
scup in the fisheries for non-exempt species.
    Comment 3: The same commenter opposed the proposed 100-percent 
observer coverage requirement in the scup GRAs because too large of a 
portion of the vessel's gross revenues per trip would be required to 
pay for the observer. The group also indicated that the $1,150 per day 
cost is not consistent with observer costs in other fisheries, such as 
the scallop fishery ($590/day) or the Northeast distant water longline 
experimental fishery ($800/day), and is not justifiable. The commenter 
suggested that NMFS provide observers at no cost to the vessels fishing 
in the GRAs using the Congressional funds allocated to the NMFS 
observer program, and that 5-10 percent coverage be implemented.
    Response: NMFS explained in the proposed rule that implementation 
of 100-percent observer coverage would impose significantly fewer 
administrative and enforcement complexities, and provide more data to 
evaluate the effectiveness of the gear modifications than a lower level 
of observer coverage would. NMFS has clarified in the preamble of this 
final rule that the cost to a fishing vessel of one at-sea observer day 
is estimated to be approximately $600, subject to finalization of 
observer program details, and which would be paid by the vessel owner 
intending to fish in the GRAs. This program, which was requested by the 
industry to provide NMFS more complete data to evaluate the 
effectiveness of gear modifications in reducing discards, is dependent 
on observer coverage. The provision that vessels pay for observers was 
discussed at the August 2002 Council meeting.
    Comment 4: The same commenter requested that NMFS increase the scup 
research set-aside to 3 percent of the

[[Page 66]]

TAL or, at the minimum, to the full amount of the group's initial 
request.
    Response: The overall proportion of the scup TAL to be set aside 
for research was determined by the Council, and specific amounts to be 
awarded for individual projects were recommended by the Council's 
Ecosystems Planning Committee and subsequently approved by the Regional 
Administrator. Initiation of research activities is ultimately 
contingent on the issuance of an award by the NOAA Grants Management 
Division. The Director of the NMFS Northeast Region State, Federal, and 
Constituent Programs Office has previously indicated in a letter to the 
commenter that estimated research set-aside values for the project 
appeared to far exceed research costs, and that approval of the project 
would be contingent upon reduction of the amount of the set-aside to a 
level commensurate with overall research costs.
    During the comment period, NMFS also received a petition for 
rulemaking in a letter cosigned by the United Boatmen of New Jersey and 
New York, New York Fishing Tackle Trade Association, and Cape May Party 
and Charter Boat Association. The petition is for NMFS to recalculate 
the 2003 summer flounder, scup, and black sea bass quotas in light of 
the discovery of problems with trawl survey equipment on the NOAA R/V 
Albatross IV. Currently, NMFS does not have complete information 
regarding the effect of the trawl warp calibration issue on the stock 
assessments of Mid-Atlantic species under Council management. NMFS 
intends to evaluate all possible impacts of trawl gear warp offsets on 
the last 2 years of summer flounder, scup, and black sea bass surveys 
as soon as possible. NMFS intends to address this issue prior to 
preparing the summer flounder, scup, and black sea bass quota 
specifications for the 2004 fishing year. In the meantime, NMFS is 
considering the petition for rulemaking, and may publish a notice of 
receipt of the petition in the Federal Register, if appropriate, as a 
separate action.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This action establishes annual quotas and related management 
measures for the summer flounder, scup, and black sea bass fisheries. 
If implementation of the quota provisions and other management measures 
is delayed, NMFS will be prevented from carrying out its function of 
preventing overfishing of these three species. The fisheries covered by 
this action will begin making landings on January 1, 2003. If a delay 
in effectiveness is required, and a quota were to be harvested during a 
delayed effectiveness period, the lack of effective quota 
specifications would prevent NMFS from closing the fishery. The scup 
and black sea bass fisheries are expected to be active during the first 
few months of 2003, especially following a long period of closure for 
black sea bass during Quarter 4 of 2002. In addition, the States of 
Maine and Delaware would be open for summer flounder fishing but in a 
negative quota situation. These factors would likely result in large 
overages that would have distributional effects on other quota periods 
and might potentially disadvantage some gear sectors. Therefore, with 
the exception of the sections pertaining to gear modifications, the 
Assistant Administrator for Fisheries, NOAA, finds good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delayed effectiveness period for 
the quotas and other management measures, and for the closures of the 
fisheries in the States of Maine and Delaware.
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 (SBREFA) states that, for each rule or group of related 
rules for which an agency is required to prepare a FRFA, the agency 
shall publish one or more guides to assist small entities in complying 
with the rule, and shall designate such publications as ``small entity 
compliance guides.'' The agency shall explain the actions a small 
entity is required to take to comply with a rule or group of rules. As 
part of this rule making process, a small entity compliance guide (the 
guide) was prepared. Copies of the guide will be sent to all holders of 
Federal permits issued for the summer flounder, scup, and black sea 
bass fisheries. The guide will be available on the Internet at http://www.nero.noaa.gov. Copies of the guide can also be obtained from the 
Regional Administrator (see ADDRESSES).
    The Council and NMFS prepared a Final Regulatory Flexibility 
Analysis (FRFA) for this action. The FRFA includes a summary of the 
analysis done in support of these specifications. A copy of the 
analysis is available from the Regional Administrator (see ADDRESSES). 
The preamble to the proposed rule included a detailed summary of the 
analysis 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 and are not repeated 
here. This final rule does not duplicate, overlap, or conflict with any 
other Federal rules.

Public Comments

    Two comments were received on the measures contained in the 
proposed rule. Comments did not refer specifically to the IRFA, but 
were related to economic impacts on small entities, especially as they 
relate to scup observer coverage and trip limits. NMFS clarifies in 
this final rule the cost to the fishing vessel of one at-sea observer 
day, and, in order to implement a measure that would be compatible with 
the states' 15,000-lb (6.8-mt) weekly landing limits, would be 
enforceable, and would benefit the industry, is implementing a 15,000-
lb (6.8-mt) possession limit per trip.

Number of Small Entities

    The Council estimates that the proposed 2003 quotas and management 
measures 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.

Minimizing Significant Economic Impact on Small Entities

    In the FRFA, NMFS analyzed the measures being implemented in this 
action. Economic impacts are being minimized to the extent practicable 
with the measures being implemented in this final rule, while being 
consistent with the target fishing mortality rates or target 
exploitation rates specified in the FMP.
    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 
quotas). Because implementation of the no action alternative would be

[[Page 67]]

inconsistent with the goals and objectives of the FMP, its implementing 
regulations, and the Magnuson-Stevens Fishery Conservation and 
Management 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 
it is not analyzed in the EA/RIR/FRFA.
    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.
    Table 9 evaluates three alternative combinations of summer 
flounder, scup, and black sea bass landings (commercial and 
recreational).

 Table 9.--Comparison of the Alternatives of Coastwide Commercial Quota
 and Recreational Harvest Limits Reviewed, Unadjusted for Research Set-
          Aside OR 2002 Overages. (``FLK'' Is Summer Flounder)
------------------------------------------------------------------------
                                Commercial quota    Recreational harvest
                             ----------------------         limit
                                                   ---------------------
                               million     metric    million     metric
                                  lb        tons        lb        tons
------------------------------------------------------------------------
Quota Alternative 1
 (Preferred Alternative):
 FLK Preferred Alternative..      13.98      6,341       9.32      4,227
 Scup Preferred Alternative.      12.47      5,656       4.03      1,828
 Black Sea Bass Perferred          3.33      1,510       3.47      1,574
 Alternative................
Quota Alternative 2 (Most
 Restrictive):
 FLK Non-Selected                  12.9      5,851        8.6      3,907
 Alternative 2..............
 Scup Non-Selected                  8.0      3,629       2.77      1,256
 Alternative 2..............
 Black Sea Bass Non-Selected       2.25      1,021       2.35      1,066
 Alternative 2..............
Quota Alternative 3 (Least
 Restrictive):
 FLK Non-Selected                 14.58      6,613       9.72      4,409
 Alternative 3..............
 Scup Non-Selected                16.76      7,602       5.24      2,377
 Alternative 3..............
 Black Sea Bass Non-Selected       3.53      1,601       3.67      1,665
 Alternative 3..............
------------------------------------------------------------------------

    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 provide for the maximum level of landings that 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 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 final rule. The alternative to allow small-mesh vessels 
to fish voluntarily for non-exempt species in the GRAs if they deploy 
modified trawl gear and carry a NMFS-certified observer is being 
implemented 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 Exemption 
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 Exemption 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. In fact, because participants may 
have the ability to harvest and sell research set-aside catches when 
the season is otherwise closed to the rest of the fishery, they may 
obtain higher prices, which would increase the gross revenue to the 
industry.
    This final 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 vessel (twice a year), including 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. When OMB approves the new collection-of-
information requirement, NMFS will issue a notification in the Federal 
Register.
    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: December 27, 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 amended 
as follows:

[[Page 68]]

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, and paragraph 
(a)(127) is added, 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 Exemption Program requirements specified at Sec.  
648.122(d).
    * * *
    (127) Fail to comply with the terms of the Gear Restricted Area 
Exemption Program requirements specified at Sec.  648.122(d), if 
subject to the provisions of the Southern and Northern Gear Restricted 
Areas at Sec.  648.122, (a) and (b).

    3. In Sec.  648.122, paragraphs (a)(1), (b)(1) are revised and 
paragraph (d) 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 Exemption 
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]25
                                                            '          '
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 Exemption 
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 I
------------------------------------------------------------------------
                       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 Exemption 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 the following requirements 
are met:
    (1) The vessel carries on board all required Federal fishery 
permits and a Scup GRA Exemption Program Authorization issued by the 
Regional Administrator, Northeast Region;
    (2) The vessel carries a NMFS-certified observer on board if any 
portion of the trip will be, or is, in a GRA; and, (3) The vessel 
fishes in a GRA only with a specially modified trawl net that has an 
escapement extension consisting of a minimum 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. 02-33135 Filed 12-31-02; 8:45 am]
BILLING CODE 3510-22-P