[Federal Register Volume 68, Number 144 (Monday, July 28, 2003)]
[Rules and Regulations]
[Pages 44232-44236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19133]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 030509120-3171-02; 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: Final rule.

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[[Page 44233]]

SUMMARY: NMFS issues this final rule to implement recreational measures 
for the 2003 summer flounder, scup, and black sea bass fisheries. The 
intent of these measures is to prevent overfishing of the summer 
flounder, scup, and black sea bass resources.

DATES: Effective July 28, 2003.

ADDRESSES: 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), and Final Regulatory Flexibility Analysis (EA/
RIR/FRFA) are available from Patricia A. Kurkul, Regional 
Administrator, Northeast Region, National Marine Fisheries Service, One 
Blackburn Drive, Gloucester, MA 01930-2298. 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 Fishery Management 
Plan (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. Final 
quota specifications for the 2003 summer flounder, scup, and black sea 
bass fisheries were published on January 2, 2003 (68 FR 60); a 
correction notice was published on March 3, 2003 (68 FR 9905). These 
specifications were determined to be consistent with the 2003 target 
fishing mortality rate (F) for summer flounder and the 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 proposed rule to implement annual Federal recreational measures 
for the 2003 summer flounder, scup, and black sea bass fisheries was 
published on May 21, 2003 (68 FR 27768), and contained management 
measures (minimum fish sizes, possession limits, and fishing seasons) 
intended to keep annual recreational landings from exceeding the 
specified harvest limits. A complete discussion of the development of 
the recreational measures appeared in the preamble of the proposed rule 
and is not repeated here.
    The recreational measures for scup and black sea bass contained in 
this final rule are unchanged from those published in the proposed 
rule. Table 1 contains the coastwide Federal measures for scup and 
black sea bass that are being implemented. For summer flounder, this 
final rule implements conservation equivalency, as the process was 
described in the proposed rule. The management measures will vary 
according to the state of landing (see Table 2). 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.

                                                          Table 1 - 2003 Recreational Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                   Species                      Minimum Size (total length)               Possession Limit                         Open Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Summer Flounder                                ............................       Varies according to state of landing   ...............................
Scup                                                   10 inches (25.4 cm)                                     50 fish   January 1 through February 28,
                                                                                                                          and July 1 through November 30
Black Sea Bass                                         12 inches (30.5 cm)                                     25 fish   January 1 through September 1,
                                                                                                                          and September 16 through
                                                                                                                          November 30
--------------------------------------------------------------------------------------------------------------------------------------------------------


                    Table 2 - 2003 State Recreational Management Measures for Summer Flounder
----------------------------------------------------------------------------------------------------------------
                                      Minimum Size    Minimum size     Possession
               State                    (inches)          (cm)            Limit              Open Seasons
----------------------------------------------------------------------------------------------------------------
                 MA                            16.5            41.9          7 fish  Year-Round
                 RI                            17.5            44.5          5 fish  May 1 through September 20
                 CT                              17            43.2          6 fish  Year-Round
                 NY                              17            43.2          7 fish  Year-Round
                 NJ                            16.5            41.9          8 fish  May 3 through October 13
                 DE                            17.5            44.5          4 fish  Year-Round
                 MD                              17            43.2          8 fish  Year-Round
                 VA                            17.5            44.5          8 fish  March 29 through December
                                                                                      31
                 NC                              15            38.1          8 fish  Year-Round
----------------------------------------------------------------------------------------------------------------

Changes from the Proposed Rule

    Section 648.107(a) is corrected to clarify that the recreational 
measures proposed to be implemented by the states of Maine through 
North Carolina for 2003 are the conservation equivalent of the non-
preferred (i.e., to be implemented in the Exclusive Economic Zone if 
conservation equivalency is not implemented) coastwide season, minimum 
size, and possession limit prescribed in Sec. Sec.  648.102, 648.103, 
and 648.105(a), as identified in the proposed rule.
    There were no public comments received on the proposed rule.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    This action establishes recreational management measures for 
federally permitted vessels participating in the recreational fishery, 
specifically party/charter vessels. The recreational

[[Page 44234]]

summer flounder, scup, and black sea bass fisheries are fully underway. 
In 2002, recreational black sea bass landings exceeded the recreational 
harvest limit by approximately 30 percent. This information was not 
available until development of this rule was begun. Immediate action to 
impose a more stringent minimum fish size in the black sea bass fishery 
must be taken to slow the recreational harvest of black sea bass and 
enhance the probability that the black sea bass harvest limit will not 
be exceeded in 2003. For summer flounder, this action is necessary to 
achieve consistency between state and Federal measures. Recreational 
summer flounder landings have exceeded the recreational harvest limits 
by an average of 50 percent over the 1996-2002 period. Failure to 
implement these provisions immediately could result in similar 
overharvest in 2003. Furthermore, because the Federal fishery is 
currently operating under status quo measures and the states have 
already implemented measures for state waters, inconsistencies between 
state and Federal regulations also can lead to confusion for operators 
of federally-permitted vessels. The Assistant Administrator for 
Fisheries, NOAA (AA), therefore finds good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effectiveness of the 2003 summer 
flounder and black sea bass recreational measures.
    For the scup fishery, the recreational sector is currently fishing 
under the Federal EEZ measures, which allow for a possession limit of 
only 20 fish. This final rule will increase the possession limit to 50 
fish, thereby relieving the possession limit restriction. This increase 
is being implemented to allow the recreational fishing sector to 
achieve the recreational harvest limit. The improving status of these 
fisheries has allowed NOAA Fisheries to implement these regulations, 
which provide some relief to the recreational sector from the current, 
more restrictive, measures. Implementation of the revised possession 
limit as soon as possible is important to allow for the increased scup 
fishing opportunities intended by the Council in amending this 
regulation. Because the increase to the possession limit relieves a 
restriction on the recreational fishing industry, the AA finds that the 
30-day delayed effectiveness period of the scup regulations contained 
within this final rule does not apply, pursuant to 5 U.S.C. 553(d)(1).
    Included in this final rule is the Final Regulatory Flexibility 
Analysis prepared pursuant to 5 U.S.C. 604(a). The FRFA is composed of 
the IRFA, the comments (and responses) on the proposed rule, and the 
analyses completed in support of this action.

Final Regulatory Flexibility Analysis

Statement of Objective and Need
    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.

Summary of Significant Issues Raised in Public Comments

    No comments were received on the economic impacts of the measures 
contained in the proposed rule.

Description and Estimate of Number of Small Entities to which Rule Will 
Apply

    The Mid-Atlantic Fishery Management Council (Council) estimated 
that the proposed action could affect any of the 760 vessels possessing 
a Federal party/charter 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.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    No additional reporting, recordkeeping, or other compliance 
requirements are included in this final rule.

Description of the Steps Taken to Minimize Economic Impact on Small 
Entities

    It is not possible to further mitigate economic impacts on small 
entities because the Council selected the alternative with least 
significant impacts relative to the other alternatives determined to 
achieve the biological objectives. Specifications of recreational fish 
size limits, possession limits, and open fishing seasons is constrained 
by the conservation objectives of the FMP, and implemented at 50 CFR 
part 648 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act).
    The economic analysis assessed the impacts of the various 
management alternatives. 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 measures for summer flounder, i.e., the measures 
that would be implemented if conservation equivalency were not 
implemented in the final rule. A summary of the economic impacts of the 
measures to be implemented follow.

Impacts of Summer Flounder Alternatives

    Landings projections for 2002 indicate that Virginia (VA) is the 
only state required to reduce summer flounder landings (by 11 percent) 
in 2003. States other than VA do not require any reductions in 
recreational summer flounder landings, if their current regulations are 
maintained. At this time, it is not possible to determine the economic 
impact of conservation equivalency for Virginia. However, it may be 
proportional to the level of landings reductions required. 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 of specific measures to implement, it is more 
rational for the states to adopt conservation equivalent measures that 
result in fewer adverse economic impacts than to adopt 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. Impacted trips were defined as

[[Page 44235]]

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 
Massachusetts (MA) ($927), Rhode Island (RI) ($15,850), New York (NY) 
($155,636), New Jersey (NJ) ($22,208), Delaware (DE) ($570), Maryland 
(MD) ($570), VA ($7,362), and North Carolina (NC) ($161). (These 
figures are for all vessels operating in each state, rather than for 
each vessel). No state revenue losses were identified for Maine (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. As discussed in the proposed 
rule, it is very likely that the Council's analysis of economic impacts 
overestimates potential revenue impacts of the proposed measures, since 
some anglers would continue to take party/charter vessel trips, even if 
the restrictions limit their landings, because they participate in 
catch and release fishing or target other species.
    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 
the Council's Demersal Species Committee and the Commission's Summer 
Flounder, Scup, and Black Sea Bass Management Board (in Alternative 3) 
consists of an 18-inch (45.7-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 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. The overall estimated economic impacts of the 
proposed action are less than the impacts that would result from 
implementation of either of the other scup alternatives analyzed.
    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 
(25.4 cm), that landed more than 50 scup, or that landed at least one 
scup during the period 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. Although the economic impacts of the 
preferred alternative (in Alternative 1) are greater than for the 
status quo measures (in Alternative 2), Alternative 1 was selected for 
implementation because it is expected to achieve the necessary 
reduction in landings relative to 2002, consistent with the goals and 
objectives of the FMP, while resulting in less economic impact than 
would the measures in Alternative 3.
    For the preferred black sea bass alternative, 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 
(30.5 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 ($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

[[Page 44236]]

individual angler trips taken aboard party/charter vessels in 2002 that 
landed at least one black sea bass smaller than 11.5 inches (29.2 cm), 
or that landed more than 25 black sea bass. The analysis concluded that 
the measures 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 (31.8 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, where the 
contribution of black sea bass to the total catch by party/charter 
vessels is nearly twice as high as it is for other states, 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.

Small Entity Compliance Guide

    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 rulemaking process, a small 
entity compliance guide (the guide) was prepared. Copies of the guide 
will be sent to all holders of Federal party/charter 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).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 22, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 648 is amended as 
follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
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. * * *
* * * * *

0
3. In Sec.  648.107, the first sentence of the introductory text is 
revised to read as follows:


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

    (a) The Regional Administrator has determined that the recreational 
fishing measures proposed to be implemented by the states of Maine 
through North Carolina for 2003 are the conservation equivalent of the 
season, minimum size and possession limit prescribed in Sec. Sec.  
648.102, 648.103 and 648.105(a), respectively.* * *
* * * * *

0
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.

0
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.* * *
* * * * *

0
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.

0
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 (30.5 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. 03-19133 Filed 7-25-03; 8:45 am]
BILLING CODE 3510-22-S