[Federal Register Volume 68, Number 98 (Wednesday, May 21, 2003)]
[Proposed Rules]
[Pages 27768-27773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12647]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030509120-3120-01; I.D. 033103D]
RIN 0648-AQ32


Fisheries of the Northeastern United States; Recreational 
Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; 
Fishing Year 2003

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes recreational measures for the 2003 summer 
flounder, scup, and black sea bass fisheries. The implementing 
regulations for these fisheries require NMFS to publish recreational 
measures for the upcoming fishing year and to provide an opportunity 
for public comment. The intent of these measures is to prevent 
overfishing of the summer flounder, scup, and black sea bass resources.

DATES: Comments must be received on or before June 5, 2003.

ADDRESSES: Comments on the proposed recreational specifications should 
be sent to Patricia A. Kurkul, Regional Administrator, Northeast 
Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.
    Copies of supporting documents used by the Summer Flounder, Scup, 
and Black Sea Bass Monitoring Committee and of the Environmental 
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility 
Analysis (EA/RIR/IRFA) are available from Daniel Furlong, Executive 
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal 
Building, 300 South Street, Dover, DE 19901-6790. The EA/RIR/IRFA is 
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 Fishery Management Plan (FMP) 
for the Summer Flounder, Scup, and Black Sea Bass Fisheries include 
summer flounder (Paralichthys dentatus) in U.S. waters of the Atlantic 
Ocean from the southern border of North Carolina (NC) 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.
    The FMP and its implementing regulations found at 50 CFR part 648, 
subparts A, G (summer flounder), H (scup), and I (black sea bass), 
describe the process for specifying annual recreational measures that 
apply in the Exclusive Economic Zone (EEZ). The states manage these 
fisheries within 3 miles of their coast, under the Commission's 
Interstate Summer Flounder, Scup, and Black Sea Bass FMP. The Federal 
regulations govern vessels fishing in the EEZ, as well as vessels 
possessing a Federal fisheries permit, regardless of where they fish.
    The Council's FMP established Monitoring Committees (Committees) 
for the three fisheries, consisting of representatives from the 
Commission, the Mid-Atlantic, New England, and South Atlantic Councils, 
and NMFS. The FMP and its implementing

[[Page 27769]]

regulations require the Committees to review scientific and other 
relevant information annually and to recommend management measures 
necessary to achieve the recreational harvest limits established for 
the summer flounder, scup, and black sea bass fisheries for the 
upcoming fishing year. The Council's FMP limits these measures to 
minimum fish size, possession limit, and fishing season.
    The Council's Demersal Species Committee and the Commission's 
Summer Flounder, Scup, and Black Sea Bass Management Board (Board) then 
consider the Committees' recommendations and any public comment in 
making their recommendations to the Council and the Commission, 
respectively. The Council then reviews the recommendations of the 
Demersal Species Committee, makes its own recommendations, and forwards 
them to NMFS for review. The Commission similarly adopts 
recommendations for the states. NMFS is required to review the 
Council's recommendations to ensure that they are consistent with the 
targets specified for each species in the FMP.
    Final quota specifications for the 2003 summer flounder, scup, and 
black sea bass fisheries were published on January 2, 2003 (68 FR 60). 
These specifications were determined to be consistent with the 2003 
target fishing mortality rate (F) (for summer flounder) and target 
exploitation rates (for scup and black sea bass). The 2003 coastwide 
recreational harvest limits are 9.28 million lb (4,209 mt) for summer 
flounder, 4.01 million lb (1,819 mt) for scup, and 3.43 million lb 
(1,557 mt) for black sea bass. The specifications do not establish 
recreational measures, since final recreational catch data were not 
available when the Council made its recreational harvest limit 
recommendation to NMFS.
    All minimum fish sizes discussed below are total length (TL) 
measurements of the fish, i.e., the straight-line distance from the tip 
of the snout to the end of the tail while the fish is lying on its 
side.

Summer Flounder

    The 2003 summer flounder recreational harvest limit is 9.28 million 
lb (4,209 mt), 4.5 percent less than the 2002 recreational harvest 
limit. However, 2002 recreational summer flounder landings are 
projected to be 8.13 million lb (3,688 mt), 12 percent less than the 
2002 recreational harvest limit. Assuming the same level of fishing 
effort in 2003, no coastwide reductions in landings would be required 
for summer flounder. However, as described below, under the Council-
recommended conservation equivalency measures, Virginia (VA) would be 
required to reduce summer flounder landings in 2003 (by 11 percent).
    NMFS implemented Framework Adjustment 2 to the FMP in July 2001 (66 
FR 36208). This framework implemented a process that makes conservation 
equivalency a management option for the summer flounder recreational 
fishery. Conservation equivalency allows each state to establish its 
own recreational management measures (possession limits, fish size 
limits, and fishing seasons), as long as the combined effect of all of 
the states' management measures achieve the same level of conservation 
as would Federal coastwide measures developed to achieve the 
recreational harvest limit, if implemented by all of the states (i.e., 
both would have equivalent Fs). Conservation equivalency was 
implemented for the 2002 summer flounder recreational fishery.
    The Council and Board recommend annually either conservation 
equivalency (whereby states develop state-specific measures) or 
coastwide management measures (whereby all states adopt the same 
measures as the Federal measures) for the summer flounder recreational 
fishery to ensure that the recreational harvest limit will not be 
exceeded. If the Council and the Board recommend conservation 
equivalency, they must also recommend coastwide management measures 
that would be implemented if, following NMFS review and public comment, 
conservation equivalency is not implemented in the final rule. In 
addition, the Council and the Board must recommend precautionary 
default measures that would apply in states that do not implement 
conservation equivalent measures, or for which management proposals are 
not approved by the Board. The precautionary default measures are 
defined as the set of measures that would achieve the greatest 
reduction in landings required for any state.
    In December 2002, the Council and Board voted to recommend 
conservation equivalency to achieve the 2003 recreational harvest 
limit. Additionally, the Board agreed to allow states that landed less 
than their 2002 target to liberalize regulations for 2003. The 
precautionary default measures specified by the Council and Board are 
the same as specified for 2002 and consist of an 18-inch (45.72-cm) 
minimum fish size, a possession limit of one fish per person, and no 
closed season. The precautionary default alternative would reduce 
landings by 67 percent, assuming the measures are implemented by all 
states. Because the precautionary default measures must be restrictive 
enough to achieve the necessary reductions in the state requiring the 
greatest reductions, application of the precautionary default would 
achieve higher than necessary reductions in most states. State-specific 
reductions would range from 41 percent in Delaware (DE) to 88 percent 
in NC.
    Finally, the coastwide alternative recommended by the Council and 
Board to be implemented in the EEZ if conservation equivalency is not 
implemented, consists of a 17-inch (43.18-cm) minimum fish size, a 
possession limit of four fish per person, and no closed season. The 
coastwide alternative would reduce recreational landings by 32 percent, 
based on 2001 data, assuming the coastwide regulations are implemented 
by all states. State-specific reductions would range from 0 percent in 
DE to 63 percent in NC.
    The Commission has established conservation equivalency guidelines 
that require each state, using state-specific equivalency tables, to 
determine and implement an appropriate possession limit, size limit, 
and closed season to achieve the landings reduction necessary for each 
state. The state-specific tables are adjusted to account for the past 
effectiveness of the regulations in each state. State-specific 
reductions associated with the 2003 coastwide recreational harvest 
limit of 9.28 million lb (4,209 mt) are based on the number of fish 
landed in 1998 (because 1998 is the last year that recreational summer 
flounder regulations were consistent along the coast), and the number 
of fish projected to have been landed in 2002. Recreational landings in 
1998 were 6.978 million fish, coastwide. Based on the mean weight of 
landed fish for 2000, 2001, and 2002, the harvest limit for 2003 was 
converted to numbers of fish, i.e., 4.122 million fish. Landings 
projections for 2002 indicate that VA is the only state required to 
reduce summer flounder landings (by 11 percent) in 2003. States other 
than VA (from Maine (ME) to NC) do not require any reductions in 
recreational summer flounder landings if their current regulations are 
maintained.
    The Board required each state to submit its conservation 
equivalency proposal to the Commission by January 15, 2003. The 
Commission's Summer Flounder Technical Committee has since evaluated 
the proposals and advised the Board of each proposal's

[[Page 27770]]

consistency with respect to achieving the coastwide recreational 
harvest limit. After the Technical Committee evaluation, the Board met 
on February 25, 2003, to approve or disapprove each state's proposal.
    The Commission invited public participation in its review process 
by holding public meetings and offering the public the opportunity to 
comment on the state proposals. During the comment period, the 
Commission will notify NMFS as to which state proposals have been 
approved or disapproved. NMFS will provide this information in the 
final rule, establishing the 2003 recreational measures for these 
fisheries.
    If, at the final rule stage, the Commission recommends, and NMFS 
accepts, conservation equivalency, NMFS would waive the Federal 
recreational measures for federally permitted charter/party permit 
holders and recreational vessels fishing for summer flounder in the 
EEZ. Those vessels would be required to abide by the requirements 
enacted by the state in which they land summer flounder. States that do 
not submit proposals, or for which proposals were disapproved by the 
Commission, would be required by the Commission to adopt the 
precautionary default measures. States assigned the precautionary 
default measures would be allowed to resubmit revised management 
measures. The Commission would notify NMFS of any resubmitted proposals 
that were approved after publication of the final rule implementing the 
recreational specifications. NMFS then would publish a notice in the 
Federal Register to notify the public of any changes in the state's 
management measures.

Scup

    The 2003 scup recreational harvest limit is 4.01 million lb (1,819 
mt), 48 percent more than the recreational harvest limit for 2002. The 
2002 recreational scup landings are projected to have been 3.76 million 
lb (1,706 mt). As a result of the increase in the harvest limit, 
recreational scup landings can increase by 7 percent in 2003, relative 
to the projected landings for 2002. Although it appears that 
constraints on the fishery could be relaxed, any relaxation should be 
balanced with the consideration of stock status. The most recent 
assessment indicates that the scup biomass increased in 2002 and is 
likely to increase again in 2003. Survey information indicates that 
regulations may have protected a large 1997 year class and also 
indicate that strong year classes were produced in 1999 through 2001. 
If the 1999, 2000, and 2001 year classes are large, and mortality of 
undersized fish is reduced, substantial biomass could be added to the 
stock by 2003 and availability of legal-sized fish could increase. 
Because fewer fish were landed by in the recreational fishery in 2002 
than in 2001, the Council decided that the 2001 landings should be used 
as a basis to determine the appropriate possession and size limits to 
constrain the 2003 landings to the recreational harvest limit. 
Additionally, to evaluate properly the required coastwide measures, it 
is necessary first to extrapolate the 2001 landings to estimate the 
level of landings that would have resulted if the states had not 
implemented any scup fishery closures. As a result, to achieve the 2003 
harvest limit, a 27-percent reduction from the extrapolated 2001 level 
of landings is necessary.
    The 2003 scup recreational fishery will be managed under separate 
regulations for state and Federal waters; the Federal measures would 
apply only to party/charter boats with Federal permits. In Federal 
waters, the Council recommended coastwide management measures of a 10-
inch (25.4-cm) minimum fish size, a 50-fish possession limit, and open 
seasons of January 1 through February 28, and July 1 through November 
30. The Council has estimated that these measures would reduce 
recreational scup landings (from the extrapolated 2001 level) by 27 
percent, assuming that regulations will be implemented by all of the 
states. For comparative purposes, the current (status quo) scup 
recreational measures in the EEZ are a 10-inch (25.4-cm) minimum fish 
size, a 20-fish possession limit and open seasons of January 1 through 
February 28, and July 1 through October 2. NMFS has reviewed the 
Council's analyses of these measures and is proposing the Council's 
preferred alternative without modification.
    The Board postponed making a final decision on state measures for 
scup at its December 2002 meeting and advised its staff to prepare an 
addendum to the Commission's Interstate FMP that would provide the 
states with a mechanism for effectively managing their 2003 
recreational scup fisheries on a state-by-state basis. A prior addendum 
that addressed the 2002 recreational fishery expired at the end of 
2002. On February 25, 2003, the Board approved Addendum IX to the 
Commission's Interstate FMP (Addendum IX), which allows states from 
Massachusetts (MA) through New York (NY) to develop either regional or 
state-specific management measures. For New Jersey (NJ), which has 
limited recreational scup landings data, the Board approved a 10-inch 
(25.4-cm) minimum size, a 50-fish possession limit, and an open season 
of July 1 through December 31. Due to low scup landings in the southern 
range of the species, the Board approved a 10-inch (25.4-cm) minimum 
fish size, a 50-fish possession limit, and no closed season for DE, 
Maryland (MD), VA, and NC. The Monitoring Committee has recommended 
that, should the Board implement conservation equivalency for the 2003 
scup fishery, states from MA through NY adopt a 10-inch minimum fish 
size and a 50-fish possession limit, and achieve the necessary 
reductions through state-specific season modification. Although MA is 
permitted a 22-percent increase in landings, it has chosen to maintain 
its 2002 regulations for the 2003 season. Because the Federal FMP does 
not contain provisions for conservation equivalency, and states may 
adopt their own unique measures under Addendum IX, it is likely that 
state and Federal recreational scup measures will differ for the 2003 
season.

Black Sea Bass

    The 2003 black sea bass recreational harvest limit is 3.43 million 
lb (1,557 mt), the same as that implemented in 2002. However, the 2002 
recreational black sea bass landings are projected to be 4.4 million lb 
(1,996 mt). After extrapolating the 2002 landings to estimate the level 
of landings that would have been expected if the states had not 
implemented any seasonal black sea bass fishery closures, the Council 
determined that the extrapolated 2002 landings would have to be reduced 
by 27 percent to achieve the 2003 harvest limit.
    The Council and Board recommended the following measures for the 
2003 coastwide recreational black sea bass fishery: A 12-inch minimum 
fish size, a 25-fish possession limit, and open seasons of January 1 
through September 1, and September 16 through November 30. These 
measures are expected to provide a 27-percent reduction in recreational 
black sea bass landings (from the 2002 level). For comparative 
purposes, the current (status quo) black sea bass regulations include 
an 11.5-inch (29.21-cm) minimum fish size, a 25-fish possession limit, 
and no closed season. NMFS has reviewed the Council's analyses of these 
measures and is proposing the Council's preferred alternative without 
modification.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Council prepared an IRFA that describes the economic impact 
this

[[Page 27771]]

proposed rule, if adopted, would have on small entities.
    A description of the action, why it is being considered, and the 
legal basis for this action are contained in the preamble to this rule. 
This proposed rule does not duplicate, overlap, or conflict with other 
Federal rules. A copy of the complete IRFA is available from the 
Council (see ADDRESSES). A summary of the analysis follows.
    The proposed action could affect any recreational angler who fishes 
for summer flounder, scup, or black sea bass. However, this summary of 
the IRFA focuses upon the impacts on party/charter vessels issued a 
Federal permit for summer flounder, scup, and/or black sea bass because 
these vessels can be specifically identified in the Federal vessel 
permit database and would be impacted by the recreational measures, 
regardless of whether they fish in Federal or state waters. Although 
other recreational anglers are likely to be impacted, they are not 
considered small entities, nor is there a permit requirement to 
participate in these fisheries.
    In the EA, the no action alternative for each species is defined as 
the continuation of the management measures implemented for the 2002 
fishing season. The Council did not analyze an alternative combining 
the status quo measures in place for all three species. In 
consideration of the Council-recommended recreational harvest limits 
established for the 2003 fishing year, implementation of the same 
recreational measures established for the 2002 fishing year would be 
inconsistent with the goals and objectives of the FMP and its 
implementing regulations, and, because it could result in overfishing 
of the black sea bass fishery, it also would be inconsistent with 
National Standard 1 of the Magnuson-Stevens Act. Therefore, the no 
action alternative was not considered to be a reasonable alternative to 
the preferred action and its collective impacts were not analyzed in 
the EA/RIR/IRFA. The no action measure for summer flounder was analyzed 
in Alternative 1, in combination with preferred measures for scup and 
black sea bass. The no action measures for scup and black sea bass were 
considered as part of Alternative 2, in combination with the non-
preferred coastwide measure for summer flounder, i.e., the measure that 
would be implemented if conservation equivalency is not implemented in 
the final rule.
    The Council estimated that the proposed measures could affect any 
of the 760 vessels possessing a Federal charter/party permit for summer 
flounder, scup, and/or black sea bass in 2001, the most recent year for 
which complete permit data are available. Only 368 of these vessels 
reported active participation in the recreational summer flounder, 
scup, and/or black sea bass fisheries in 2001.
    The effects of the various management measures were analyzed by 
employing quantitative approaches, to the extent possible. Where 
quantitative data were not available, the Council conducted qualitative 
analyses. Although NMFS' Regulatory Flexibility Act guidance recommends 
assessing changes in profitability as a result of proposed measures, 
the quantitative impacts were instead evaluated using changes in party/
charter vessel revenues as a proxy. This is because reliable cost data 
are not available for these fisheries. Without reliable cost data, 
profits cannot be discriminated from gross revenues. As reliable cost 
data become available, impacts to profitability can be more accurately 
forecast. Similarly, changes to long-term solvency were not assessed 
due both to the absence of cost data and because the recreational 
management measures change annually according to the specification-
setting process.
    Data from the Marine Recreational Fisheries Statistical Survey 
(MRFSS) were used to project the number of recreational party/charter 
vessel trips made in each state. The MRFSS data indicate that anglers 
fished 30.96 million days in 2002 in the Northeast Region (ME through 
NC). In the Northeast Region, party/charter anglers comprised about 5 
percent of the angler fishing days, and party/charter anglers fishing 
in MA, NY, NJ, MD, and NC comprised 82 percent of the total projected 
party/charter effort. The number of trips in each state ranged from 
approximately 365,500 in NJ to approximately 12,700 trips in ME. The 
number of trips that targeted summer flounder, scup, and/or black sea 
bass was identified, as appropriate, for each measure, and the number 
of trips that would be impacted by the proposed measures was estimated. 
Finally, the revenue impacts were estimated by calculating the average 
fee paid by anglers on party/charter vessels in the Northeast Region in 
2002 ($40.72 per angler), and the revenue impacts on individual vessels 
were estimated. The analysis assumed that angler effort and catch rates 
in 2003 will be similar to 2002.
    The Council noted that this method is likely to result in 
overestimation of the potential revenue losses that would result from 
implementation of the proposed coastwide measures in these three 
fisheries for several reasons. First, the analysis likely overestimates 
the potential revenue impacts of these measures because some anglers 
would continue to take party/charter vessel trips, even if the 
restrictions limit their landings. Also, some may engage in catch and 
release fishing, and others may target other species. It was not 
possible to estimate the sensitivity of anglers to specific management 
measures. Second, the universe of party/charter vessels that 
participate in the fisheries is likely to be even larger than presented 
in these analyses, as party/charter vessels that do not possess a 
Federal summer flounder, scup, or black sea bass permit because they 
fish only in state waters are not represented in the assessments. 
Considering the large proportion of landings from state waters 
(approximately 92 percent of summer flounder, 94 percent of scup 
landings, and 19 percent of black sea bass landings in 2001), it is 
probable that some party/charter vessels fish only in state waters and, 
thus, do not hold Federal permits for these fisheries. Third, vessels 
that hold only state permits likely will be fishing under different, 
potentially less restrictive, recreational measures for summer flounder 
and scup in state waters under the Commission's conservation 
equivalency programs. For all of these reasons, actual party/charter 
losses may be less than the amounts shown in this assessment.

Impacts of Summer Flounder Alternatives

    The proposed action for the summer flounder recreational fishery 
would limit coastwide catch to 9.28 million lb (4,209 mt) and reduce 
landings by at least 4.5 percent, compared to 2002, by either deferring 
management to the states or imposing coastwide Federal measures 
throughout the EEZ.
    There is very little information available to estimate empirically 
how sensitive the affected party/charter boat anglers might be to the 
proposed fishing regulations. It is possible that the proposed 
management measures could restrict the recreational fishery for 2003 
and cause a decrease in satisfaction that recreational anglers 
experience (i.e., via a reduced possession limit, larger minimum fish 
size, or closed season) and/or demand for party/charter trips. Due to 
lack of data on angler satisfaction, these effects cannot be 
quantified.
    The impact of the proposed summer flounder conservation equivalency 
alternative among states is likely to be similar to the level of 
landings reductions that are required of each state. Landings 
projections for 2002

[[Page 27772]]

indicate that VA is the only state required to reduce summer flounder 
landings (by 11 percent) in 2003. States other than VA (from ME to NC) 
do not require any reductions in recreational summer flounder landings 
if their current regulations are maintained. If the preferred 
conservation equivalency alternative is effective at achieving the 
recreational harvest limit, then it is likely to be the only 
alternative that minimizes economic impacts, to the extent practicable, 
yet achieves the biological objectives of the FMP. Because states have 
a choice, it is more rational for the states to adopt conservation 
equivalent measures that result in fewer adverse economic impacts that 
to acquiesce to the much more restrictive measures contained in the 
precautionary default alternative.
    The impacts of the non-preferred summer flounder coastwide 
alternative (in Alternative 2), which proposes a 17-inch (43.2-cm) 
minimum fish size, a possession limit of four fish per person, and no 
closed season, were evaluated using the quantitative method described 
above. Impacted trips were defined as individual angler trips taken 
aboard party/charter vessels in 2002 that landed at least one summer 
flounder smaller than 17 inches (43.2 cm), or that landed more than 
four summer flounder. The analysis concluded that the measures would 
affect 1 percent or less of the party/charter trips in most states, 
with state revenue losses identified for MA ($927), Rhode Island (RI) 
($15,850), NY ($155,636), NJ ($22,208), DE ($570), MD ($570), VA 
($7,362), and NC ($161). (These figures are for all vessels operating 
in each state rather than for each vessel.) No state revenue losses 
were identified for ME, New Hampshire (NH), or Connecticut (CT).
    The average maximum gross revenue loss per party/charter vessel was 
estimated to be $9 in MA, $634 in RI, $2,993 in NY, $347 in NJ, $285 in 
DE, $190 in MD, $409 in VA, and $23 in NC. For the reasons noted above 
(alternative species, catch and release fishing, etc.), it is very 
likely that some anglers would continue to take party/charter vessel 
trips, even if the restrictions limit their landings. Therefore, this 
method is likely to overestimate the potential revenue impacts of the 
proposed measures. In addition, an average of 8 percent of recreational 
summer flounder landings were derived from the EEZ in 2001. Federal 
coastwide measures would apply to federally permitted vessels wherever 
they fish. However, the states could potentially implement different 
recreational measures for summer flounder.
    Precautionary default measures are defined as measures that would 
achieve at least the overall required reduction in landings for each 
state. The precautionary default measures specified by the Council and 
Board (in Alternative 3) consists of an 18-inch (45.72-cm) minimum fish 
size, a possession limit of one fish per person, and no closed season.
    The precautionary default measures would reduce state specific 
landings by a range of 41 percent (DE) to 88 percent (NC). As specified 
by Framework 2 to the Federal FMP, states that fail to implement 
conservation equivalent measures would be required to implement 
precautionary default measures. The state-specific landings reductions 
associated with the precautionary default measures are substantially 
higher than the reductions that would be implemented using conservation 
equivalency. As such, it is expected that states will avoid the impacts 
of precautionary approach measures by establishing conservation 
equivalent management measures. Therefore, the precautionary default 
provision that is included in the conservation equivalency proposal was 
not analyzed as a separate provision.

Impacts of Scup Alternatives

    The proposed action for scup would limit coastwide landings to 4.01 
million lb (1,819 mt) and reduce landings by at least 27 percent 
compared to 2001.
    For the preferred scup alternative (in Alternative 1), impacted 
trips were defined as individual angler trips taken aboard party/
charter vessels in 2002 that landed at least one scup smaller than 10 
inches (25.4 cm), that landed more than 50 scup, or that landed at 
least one scup during the proposed closed seasons of March 1 through 
June 30, and December 1 through December 31. The analysis concluded 
that the measures would affect 10 percent of the party/charter trips in 
MA and 1 percent or less of the party/charter trips in five states, 
with statewide revenue losses identified for MA ($421,057), RI 
($2,324), NY ($1,829), NJ ($6,475), MD ($25,450), and NC ($8,064).
    The average maximum gross revenue loss per party/charter vessel 
associated with the preferred scup alternative was estimated to be 
$8,593 in MA, $166 in RI, $59 in NY, $185 in NJ, $25,450 in MD, and 
$2,688 in NC.
    For the scup no action alternative (in Alternative 2), impacted 
trips were defined as individual angler trips taken aboard party/
charter vessels in 2002 that landed at least one scup smaller than 10 
inches (25.4 cm), that landed more than 20 scup, or that landed at 
least one scup during the periods of March 1 through June 30, and 
October 3 through December 31. The analysis concluded that the measures 
would affect 11 percent of angler trips taken aboard party/charter 
boats in MA, 4 percent in RI, 5 percent in NY, and less than 1 percent 
in NJ, DE, MD, and NC, with statewide revenue losses identified for MA 
($486,423), RI ($55,664), NY ($702,429), NJ ($67,060), MD ($25,450), 
and NC ($8,064). No state revenue losses were identified for ME, NH, 
CT, DE, or VA.
    The average maximum gross revenue loss per party/charter vessel 
associated with this alternative was estimated to be $9,927 in MA, 
$3,976 in RI, $22,659 in NY, $1,916 in NJ, $25,450 in MD, and $2,688 in 
NC.
    For the scup measures considered in Alternative 3, impacted trips 
were defined as individual angler trips taken aboard party/charter 
vessels in 2002 that landed at least one scup smaller than 10 inches, 
that landed more than 50 scup, or that landed at least one scup during 
the period of March 1 through July 13. The analysis concluded that the 
measures in this alternative would affect 11 percent of the party/
charter trips in MA and 1 percent or less of the party/charter trips in 
most states, with statewide revenue losses identified for MA 
($469,518), RI ($9,576), NY ($81,902), NJ ($19,880), MD ($25,450), and 
NC ($8,064). No state revenue losses were identified for ME, NH, CT, 
DE, or VA.
    The average maximum gross revenue loss per party/charter vessel 
associated with this alternative was estimated to be $9,582 in MA, $684 
in RI, $2,642 in NY, $568 in NJ, $25,450 in MD, and $2,688 in NC.

Impacts of Black Sea Bass Alternatives

    The proposed action for black sea bass would limit coastwide 
landings to 3.43 million lb (1,557 mt) and reduce landings by at least 
27 percent compared to 2002.
    For the preferred black sea bass alternative (in Alternative 1), 
impacted trips were defined as individual angler trips taken aboard 
party/charter vessels in 2002 that landed at least one black sea bass 
smaller than 12 inches (30.48 cm), that landed more than 25 black sea 
bass, or that landed at least one black sea bass during the proposed 
closed seasons of September 2 through September 15, and December 1 
through December 31. The analysis concluded that the measures would 
affect 3 percent of the party/charter trips in NJ, 4 percent in DE, and 
1 percent or less in most states, with statewide revenue losses 
identified for MA ($1,805), RI

[[Page 27773]]

($5,404), CT ($368), NY ($20,332), NJ ($441,702), DE ($89,544), MD 
($41,331), VA ($19,418), and NC ($364). No state revenue losses were 
identified for ME or NH.
    The average maximum gross revenue loss per party/charter vessel 
associated with the proposed black sea bass alternative was estimated 
to be $19 in MA, $193 in RI, $46 in CT, $442 in NY, $8,334 in NJ, 
$44,772 in DE, $13,777 in MD, $1,022 in VA, and $52 in NC.
    For the non-preferred black sea bass measures considered in 
Alternative 2, impacted trips were defined as individual angler trips 
taken aboard party/charter vessels in 2002 that landed at least one 
black sea bass smaller than 11.5 inches (29.21 cm), or that landed more 
than 25 black sea bass. The analysis concluded that the proposed 
alternative would affect 3 percent of the party/charter trips in DE, 2 
percent in NJ, and 1 percent or less in most states, with statewide 
revenue losses identified for RI ($1,960), CT ($368), NJ ($248,570), DE 
($82,988), MD ($16,329), VA ($21,261), and NC ($119). No state revenue 
losses were identified for ME, NH, MA, or NY.
    The average maximum gross revenue loss per party/charter vessel 
associated with this alternative was estimated to be $70 in RI, $46 in 
CT, $4,690 in NJ, $41,494 in DE, $5,443 in MD, $1,119 in VA, and $17 in 
NC.
    For the non-preferred black sea bass measures considered in 
Alternative 3, impacted trips were defined as individual angler trips 
taken aboard party/charter vessels in 2002 that landed at least one 
black sea bass smaller than 12.5 inches (31.75 cm) or that landed more 
than 25 black sea bass. The analysis concluded that the measures would 
affect approximately 5 percent of the party/charter trips in DE, 3 
percent in NJ, and 1 percent or less in most states, with statewide 
revenue losses identified for RI ($1,960), CT ($368), NY ($3,220), NJ 
($483,095), DE ($125,132), MD ($40,395), VA ($29,602), and NC ($364). 
No state revenue losses were identified for ME, NH, or MA.
    The average maximum gross revenue loss per party/charter vessel 
associated with this alternative was estimated to be $70 in RI, $46 in 
CT, $70 in NY, $9,115 in NJ, $62,566 in DE, $13,465 in MD, $1,558 in 
VA, and $52 in NC.

Combined Impacts of Summer Flounder, Scup, and Black Sea Bass 
Alternatives

    Potential revenue losses in 2003 could differ for party/charter 
vessels that land more than one of the regulated species. The 
cumulative maximum gross revenue loss per vessel varies by the 
combination of permits held and by state. In RI, for example, revenue 
losses could reach $993 for vessels that land all three species in 
2003, compared to expected revenues for 2002. However, in MD, a vessel 
that lands all three species could potentially lose up to a maximum of 
$39,417 in 2003. On average, the largest potential losses were 
projected for party/charter vessels operating out of MA, NJ, DE, and MD 
in 2003.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 14, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, 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.  648.105, the first sentence of paragraph (a) is revised 
to read as follows:


Sec.  648.105  Possession restrictions.

    (a) Unless otherwise specified pursuant to Sec.  648.107, no person 
shall possess more than four summer flounder in, or harvested from, the 
EEZ, unless that person is the owner or operator of a fishing vessel 
issued a summer flounder moratorium permit, or is issued a summer 
flounder dealer permit. ***
* * * * *
    3. In Sec.  648.107, the first sentence of paragraph (a) 
introductory text is revised to read as follows:


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

    (a) For 2003, the Regional Administrator has determined that 
conservation equivalent measures shall be implemented by the states for 
the recreational summer flounder fishery. ***
* * * * *
    4. In Sec.  648.122, paragraph (g) is revised to read as follows:


Sec.  648.122  Time and area restrictions.

* * * * *
    (g) Time restrictions. Vessels that are not eligible for a 
moratorium permit under Sec.  648.4(a)(6), and fishermen subject to the 
possession limit, may not possess scup, except from January 1 through 
February 28 and from July 1 through November 30. This time period may 
be adjusted pursuant to the procedures in Sec.  648.120.
    5. In Sec.  648.125, the first sentence of paragraph (a) is revised 
to read as follows:


Sec.  648.125  Possession limit.

    (a) No person shall possess more than 50 scup in, or harvested 
from, the EEZ unless that person is the owner or operator of a fishing 
vessel issued a scup moratorium permit, or is issued a scup dealer 
permit.***
* * * * *
    6. Section 648.142 is revised to read as follows:


Sec.  648.142  Time restrictions.

    Vessels that are not eligible for a moratorium permit under Sec.  
648.4(a)(7), and fishermen subject to the possession limit, may not 
possess black sea bass, except from January 1 through September 1 and 
September 16 through November 30. This time period may be adjusted 
pursuant to the procedures in Sec.  648.140.
    7. In Sec.  648.143, paragraph (b) is revised to read as follows:


Sec.  648.143  Minimum sizes.

* * * * *
    (b) The minimum size for black sea bass is 12 inches (30.48 cm) TL 
for all vessels that do not qualify for a moratorium permit, and for 
party boats holding a moratorium permit, if fishing with passengers for 
hire or carrying more than five crew members, and for charter boats 
holding a moratorium permit, if fishing with more than three crew 
members. The minimum size may be adjusted for recreational vessels 
pursuant to the procedures in Sec.  648.140.
* * * * *

[FR Doc. 03-12647 Filed 5-20-03; 8:45 am]
BILLING CODE 3510-22-S