[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Rules and Regulations]
[Pages 9905-9907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4816]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 021122284-2323-02; I.D. 021403E]


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Adjustments to the 2003 Commercial 
Quotas

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

ACTION: Commercial quota restoration.

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SUMMARY: NMFS publishes revised 2003 commercial quotas for summer 
flounder, scup, and black sea bass. This action is necessary to comply 
with the regulatory provision that requires the Administrator, 
Northeast Region, NMFS (Regional Administrator) to correct erroneous 
landings data that factored into an overage deduction. The intent of 
this action is to provide fishermen the opportunity to harvest the 
available quota for these fisheries.

DATES: Effective February 25, 2003, through December 31, 2003.

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

SUPPLEMENTARY INFORMATION:

Background

    NMFS published final specifications and preliminary quota 
adjustments for the 2003 summer flounder, scup, and black sea bass 
fisheries on January 2, 2003 (68 FR 60). The final rule included 
preliminary 2002 landings and 2003 quota adjustments. Sections 
648.100(d), 648.120(d), and 648.140(d) provide that, if the Regional 
Administrator determines during the fishing year that any part of an 
overage deduction was based on erroneous landings data that were in 
excess of actual landings for the period concerned, the Regional 
Administrator will restore the overage that was deducted in error to 
the appropriate quota allocation and publish notification in the 
Federal Register announcing the restoration.
    During a retrospective review of the 2002 research set-aside (RSA) 
program and data accounting procedures, NMFS discovered a discrepancy 
in how RSA landings were attributed and subsequently used for quota 
monitoring; i.e., the RSA landings were counted as commercial landings 
in the summer flounder, scup, and black sea bass fisheries. Because RSA 
landings are authorized under a separate quota for each of these three 
fisheries, they are intended to be accounted for separately from other 
landings. As a result, actual commercial landings for certain 2002 
quota periods were lower than previously reported, and quota overages 
calculated for 2002 incorrectly included RSA landings, which resulted 
in lower adjusted 2003 quotas than are necessary.
    During a separate retrospective review of the landings data used to 
determine overharvest or underharvest of summer flounder in 2002, NMFS 
determined that, for some states, a portion of the landings considered 
to be late reports for 2001 landings were misattributed and counted as 
2002 landings. In addition, some trip-level data that had already been 
included in monthly landings data reports were reported by the State of 
Connecticut. The result of these three findings made during the data 
review process is that the landings recorded for certain states or 
quota periods exceeded the actual landings. Therefore, NMFS hereby 
restores these inappropriately deducted landings to the appropriate 
state and period quotas for the 2003 fisheries.

Summer Flounder Quota Corrections

    A total of 317 lb (144 kg) of summer flounder RSA landings were 
counted

[[Page 9906]]

erroneously as commercial landings, as follows: Connecticut--19 lb (9 
kg); Rhode Island--98 lb (44 kg); and New York--200 lb (91 kg). This 
amount is a negligible fraction of reported 2002 landings and did not 
result in closure of any state's fishery. However, for these states, 
corrections have been made to the 2002 landings and the 2003 quotas are 
revised as appropriate.
    In addition, the following states recorded 2002 landings of summer 
flounder less than those reported in the January 2, 2003, final rule, 
by the following amounts: New Hampshire--22 lb (10 kg); Rhode Island--
337,187 lb (152,947 kg); Connecticut--42,056 lb (19,076 kg); New York--
10,918 lb (4,952 kg); New Jersey--198,749 lb (90,152 kg); Maryland--
15,385 lb (6,979 kg); Virginia--820,494 lb (372,174 kg); and North 
Carolina--846,527 (383,982 kg). Revisions to these landings have been 
made and revisions of 2002 overages (through October 31, 2002) are 
necessary for Rhode Island, Connecticut, and Virginia. The result is 
that the initial quotas (less the amount set aside for 2003 research) 
are restored for Connecticut, Rhode Island, and Virginia, as there was 
no 2002 overage in those states.
    The commercial summer flounder 2003 adjusted quotas, less the 
amount set aside for 2003 research (as published in the January 2, 
2003, final rule), the amounts being restored to the 2003 adjusted 
quotas, and the revised 2003 quotas (less the amount set aside for 2003 
research), by state, are presented in Table 1.

                                    TABLE 1. REVISED 2003 STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER QUOTA ALLOCATIONS
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                                                                 2003 Adjusted Quota, less the   Amount Restored to the    Revised 2003 Quota, less the
                                                                  2003 Research Set-Aside (as     2003 Adjusted Quota1        2003 Research Set-Aside
                             State                                published January 2, 2003)   ---------------------------------------------------------
                                                               --------------------------------
                                                                      lb\2\          kg\2,3\         lb         kg\3\           lb\2\          kg\2,3\
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ME                                                                        (6,890)      (3,125)            0            0            (6,890)      (3,125)
NH                                                                             64           29            0            0                 64           29
MA                                                                        907,274      411,537            0            0            907,274      411,537
RI                                                                      1,979,786      898,025      204,121       92,589          2,183,907      990,614
CT                                                                        301,123      136,588       13,183        5,980            314,306      142,568
NY                                                                      1,064,869      483,021            0            0          1,064,869      483,021
NJ                                                                      2,329,010    1,056,432            0            0          2,329,010    1,056,432
DE                                                                       (45,609)     (20,688)            0            0           (45,609)     (20,688)
MD                                                                        283,951      128,799            0            0            283,951      128,799
VA                                                                      2,892,405    1,311,986       76,024       34,484          2,968,429    1,346,471
NC                                                                      3,821,924    1,733,613            0            0          3,821,924    1,733,613
Total\4\                                                               13,580,406    6,160,032      293,328      133,053         13,873,734    6,293,084
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\1\ Amount restored was calculated to correct for 2002 RSA landings counted as commercial landings, misattributed portion of late 2001 landings, and
  specifically for Connecticut, trip level data already summarized in monthly landings data reports.
\2\ Parentheses indicate a negative number. A state with a negative quota has an allocation of zero (0). Maine and Delaware continue repayment of
  overharvest from 2001.
\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:, i.e., states other than Maine and Delaware.

Scup Quota Corrections

    No RSA landings of scup were made during the Winter I period of 
2002. A total of 87,188 lb (39,548 kg) of scup landed under the RSA 
program during the Summer period of 2002 were counted erroneously as 
commercial landings. The 2002 Summer period overage reported in the 
January 2, 2003, final rule was 402,754 lb (182,688 kg), and the 2003 
Summer period quota was adjusted to 4,434,691 lb (2,011,563 kg) as a 
result of that overage. Properly accounting for the RSA landings, the 
overage should be corrected to 315,566 lb (143,140 kg), resulting in a 
revised 2003 summer period quota of 4,521,879 lb (2,051,111 kg; a 1.9-
percent increase). Per the quota counting procedures, any adjustment to 
the 2002 Winter II period quota will be made, if necessary, following 
review of the landings from November 1 through December 31, 2002, to be 
conducted as soon as possible after June 30, 2003.
    The commercial scup 2003 adjusted quotas, less the amount set aside 
for 2003 research (as published in the January 2, 2003, final rule), 
the amounts being restored to the 2003 adjusted quotas, and the revised 
2003 quotas (less the amount set aside for 2003 research), by period, 
are presented in Table 2.

                                            TABLE 2. REVISED 2003 COMMERCIAL SCUP QUOTA ALLOCATIONS BY PERIOD
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                                                                 2003 Adjusted Quota, less the   Amount Restored to the    Revised 2003 Quota, less the
                                                                  2003 Research Set-Aside (as     2003 Adjusted Quota1        2003 Research Set-Aside
                         Quota Period                             published January 2, 2003)   ---------------------------------------------------------
                                                               --------------------------------
                                                                        lb            kg\2\          lb         kg\2\             lb            kg\2\
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Winter I                                                                5,602,495    2,541,275            0            0          5,602,495    2,541,275
Summer                                                                  4,434,691    2,011,563       87,188       39,548          4,521,879    2,051,111
Winter II                                                               1,979,689      897,981       n/a\3\       n/a\3\          1,979,689      897,981
Total                                                                  12,016,875    5,450,819       87,188       39,548         12,104,063    5,490,367
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\1\ Amount restored was calculated to correct for 2002 RSA landings counted as commercial landings.
\2\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\3\ Not applicable.


[[Page 9907]]

Black Sea Bass Quota Corrections

    No RSA landings of black sea bass were made during Quarter 1 of 
2002. RSA landings during Quarters 2 and 3 were 4,802 lb (2,178 kg) and 
26,360 lb (11,957 kg), respectively, and were counted erroneously as 
commercial black sea bass landings. Consistent with the quota counting 
procedures, in the January 2, 2003, final rule, the 2002 Quarter 2 
overage reported was 214,338 lb (97,223 kg), the 2003 Quarter 2 quota 
was adjusted to 750,902 lb (340,607 kg), the 2002 Quarter 3 overage 
reported was 5,459 lb (2,476 kg), and the 2003 Quarter 2 quota was 
adjusted to 401,288 lb (182,023 kg). Properly accounting for the RSA 
landings, the 2002 Quarter 2 overage should be corrected to 209,536 lb 
(95,045 kg), resulting in a revised Quarter 2 quota of 755,704 lb 
(342,785 kg; a 0.6-percent increase). Accounting for the RSA landings 
results in there being no overage of the 2002 Quarter 3 quota, so the 
2003 Quarter 3 quota is restored to 406,747 lb (184,499 kg; a 1.4-
percent increase). Only Quarters 1 though 3 are included in the 
calculations of adjusted quotas for the following year.
    Under the current quarterly black sea bass quota program, any 
adjustment to the Quarter 4 quota would be made, if necessary, 
following review of the 2002 Quarter 4 landings, to be conducted as 
soon as possible after June 30, 2003. However, Amendment 13 to the 
Summer Flounder, Scup, and Black Sea Bass FMP, which was approved by 
NMFS on January 29, 2003, establishes an annual (calendar year) 
coastwide quota for the commercial black sea bass fishery, and NMFS 
anticipates that the final rule implementing the Amendment will be 
effective prior to the end of Quarter 1 for 2003. The annual quota 
would fully account for the total 2002 quota, all reported 2002 
commercial landings, and all reported 2002 RSA landings. Commercial 
landings made in 2003 to date will be measured against the annual 
quota, rather than the quarterly quotas, and adjustments would be made, 
as necessary, at year-end to the annual quota.
    The commercial black sea bass 2003 adjusted quotas, less the amount 
set aside for 2003 research (as published in the January 2, 2003, final 
rule), the amounts being restored to the 2003 adjusted quotas, and the 
revised 2003 quotas (less the amount set aside for 2003 research), by 
quarter, are presented in Table 3.

                                      TABLE 3. REVISED 2003 COMMERCIAL BLACK SEA BASS QUOTA ALLOCATIONS BY QUARTER
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                                                                 2003 Adjusted Quota, less the   Amount Restored to the    Revised 2003 Quota, less the
                                                                  2003 Research Set-Aside (as     2003 Adjusted Quota1        2003 Research Set-Aside
                            Quarter                               published January 2, 2003)   ---------------------------------------------------------
                                                               --------------------------------
                                                                        lb            kg\2\          lb         kg\2\             lb            kg\2\
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1                                                                       1,197,664      543,257            0            0          1,197,664      543,257
2                                                                         750,902      340,607        4,802        2,178            755,704      342,785
3                                                                         401,288      182,023        5,459        2,476            406,747      184,499
4                                                                         652,180      295,827       n/a\3\       n/a\3\            652,180      295,827
Total                                                                   3,002,034    1,361,714  ...........  ...........          3,012,295    1,366,368
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\1\ Amount restored was calculated to correct for 2002 RSA landings counted as commercial landings.
\2\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\3\ Not applicable.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under E.O. 12866.

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

    Dated: February 24, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-4816 Filed 2-25-03; 3:58 pm]
BILLING CODE 3510-22-S