[Federal Register Volume 68, Number 165 (Tuesday, August 26, 2003)]
[Proposed Rules]
[Pages 51232-51233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21806]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[Docket No. 030714172-3172-01; I.D. 063003A]
RIN 0648-AR33


Atlantic Striped Bass Conservation Act; Atlantic Striped Bass 
Fishery; Reopening of the Comment Period

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

ACTION: Advance Notice of Proposed Rulemaking (ANPR); reopening of 
comment period.

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SUMMARY: In a document published in the Federal Register on July 21, 
2003, NMFS requested comments on potential revisions to the Federal 
Atlantic striped bass regulations for the U.S. Exclusive Economic Zone 
(EEZ) in response to recommendations from the Atlantic States Marine 
Fisheries Commission (Commission) to the Secretary of Commerce 
(Secretary). The comment period for the ANPR closed on August 20, 2003. 
The intent of this document is to announce the reopening of the public 
comment period from August 26, 2003 to September 25, 2003.

DATES: Written comments must be received at the appropriate address or 
facsimile (fax) number (see ADDRESSES) no later than 5 p.m. Eastern 
Standard Time on or before September 25, 2003.

ADDRESSES: Written comments must be sent to: Anne Lange, Chief, State-
Federal Fisheries Division, Office of Sustainable Fisheries, NMFS, 1315 
East West Highway, Room 13317, Silver Spring, MD 20910. Comments may 
also be sent via fax to (301) 713-0596. Comments submitted via e-mail 
or Internet will not be accepted.

FOR FURTHER INFORMATION CONTACT: Tom Meyer, Fishery Management 
Biologist, (301) 713-2334, fax (301) 713-0596.

SUPPLEMENTARY INFORMATION: As announced in the Federal Register on July 
21, 2003 (68 FR 43074), NMFS requested comments on potential revisions 
to the Federal Atlantic striped bass regulations for the U.S. EEZ in 
response to recommendations from the Commission to the Secretary. NMFS 
also solicited comments on possible management measures and issues that 
NMFS should consider relative to these recommendations. The ANPR 
comment period closed on August 20, 2003. While NMFS received numerous 
correspondence expressing opinions about opening the EEZ during the 
comment period on the original ANPR, NMFS believes that additional 
concrete information would be useful to make a decision whether to 
proceed with this rulemaking. Therefore, NMFS is reopening the comment 
period to solicit additional data or other information that it should 
consider relative to making a decision regarding possible management 
measures to address the Commission's recommendations.

Background

    Atlantic Striped Bass management is based on the Commission's 
Atlantic Striped Bass Interstate Fishery Management Plan (ISFMP), first 
adopted in 1981. From 1981-1994, four ISFMP Amendments were developed 
that provided a series of management measures that led to the 
rebuilding of the stocks. In 1995, the Commission declared the Atlantic 
striped bass population fully restored and implemented Amendment 5 to 
the ISFMP to perpetuate the stock so as to allow a commercial and 
recreational harvest consistent with the long-term maintenance of the 
striped bass stock. Since then the population has expanded to record 
levels of abundance. To maintain this recovered population, the 
Commission approved Amendment 6 to the ISFMP (Amendment 6) in February 
2003 (copies of Amendment 6 are available via the Commission's website 
at www.asmfc.org). The Commission believes that the measures contained 
in Amendment 6 are necessary to prevent the overfishing of the Atlantic 
striped bass resource while allowing growth in both the commercial and 
recreational fishery. Development of Amendment 6 took almost four years 
and involved extensive input from technical and industry advisors, and 
provided numerous opportunities for the public to comment on the future 
management of the species.
    Amendment 6 incorporates results of the most recent Atlantic 
striped bass stock assessment, developed by the Atlantic Coast States, 
the Commission, NMFS, and the U.S. Fish and Wildlife Service (see 
section 1.2.2 of Amendment 6). In summary, the 2001 stock assessment 
concluded that the overall abundance of the stock is very high and 
fishing mortality remains below the target rate. The stock's abundance 
increased steadily between 1982 and 1997 and since then has remained 
stable. The fishing mortality rate increased steadily until 1999, but 
decreased slightly in 2000. Amendment 6 also includes recommendations 
to the Secretary on the development of complementary measures in the 
EEZ. Management of Atlantic striped bass in the EEZ was one of the 
issues that was considered throughout development of Amendment 6.

Recommendation to the Secretary

    On April 24, 2003, the Secretary of Commerce received a letter from 
the Commission with the following three recommendations for 
implementation of regulations in the EEZ: (1) Remove the moratorium on 
the harvest of Atlantic striped bass in the EEZ; (2) implement a 28-
inch (71.1 cm) minimum size limit for recreational and commercial 
Atlantic striped bass fisheries in the EEZ; and (3) allow states the 
ability to adopt more restrictive rules for fishermen and vessels 
licensed in their jurisdictions.
    In support of its request, the Commission provided a number of 
reasons to justify opening the EEZ to striped bass fishing. These 
reasons include:
    (1) In 1995, due in part to a closure of the EEZ in 1990 to striped 
bass

[[Page 51233]]

harvest, the population of this species was declared fully restored by 
the Commission. The purpose of closing the EEZ was to protect strong 
year classes entering the population and to promote rebuilding of the 
overfished population.
    (2) The commercial harvest is controlled by hard quotas; when they 
are reached the fishery is closed; and overages are taken out of next 
year's quotas. The Commercial quota will be landed regardless of 
whether or not the EEZ is opened.
    (3) Currently, recreational and commercial catches are occurring in 
the EEZ and these fish are required to be discarded. Opening the EEZ 
will convert discarded bycatch of striped bass to landings.
    (4) Because of management measures implemented since 1990, the 
striped bass population has recovered to a point where further 
examination of whether this fishery should occur in the EEZ is 
appropriate. There are expectations among a number of fishing industry 
stakeholders that their past sacrifices would result in future 
opportunities to harvest striped bass, and therefore, there are 
potential credibility issues associated with keeping the EEZ closed, 
especially in light of the current status of the Atlantic striped bass 
stock.
    (5) The recommendation to open the EEZ is part of Amendment 6 to 
the Atlantic Striped Bass Interstate Fishery Management Plan (Amendment 
6) which incorporates new management standards to ensure stock 
conservation including targets and thresholds for both mortality and 
spawning stock biomass. Fishing mortality is currently below the target 
level, and spawning stock biomass is 1.5 times the target level.
    (6) Amendment 6 includes monitoring requirements and triggers that 
will allow the Commission to respond quickly to increased mortality.
    (7) The bulk of the public comment received by the Commission in 
opposition to opening the EEZ during the development of Amendment 6 
cited expansion of the commercial fishery as rationale not to open the 
EEZ. The Commission believes the rationale is incorrect because the 
commercial fishery is controlled by a hard quota.
    The Commission stated that its Atlantic Striped Bass Technical 
Committee would monitor annually the Atlantic striped bass population, 
and, if at some point in the future the Commission determines that the 
Atlantic striped bass population is overfished or that overfishing is 
occurring, it may recommend further management measures for the EEZ.
    By this document, NMFS is reopening the public comment period. 
There were no changes from the ANPR previously published. NMFS is 
specifically soliciting additional data or other information that it 
should consider relative to making a decision regarding possible 
management measures to address the Commission's recommendations. After 
review of comments received from this notice and the ANPR, NMFS will 
decide whether to initiate a lengthy review and decision-making 
process, which would include preparation of either an Environmental 
Impact Statement or an Environmental Assessment, and the development of 
management measures to revise current Federal regulations for Atlantic 
striped bass in the EEZ.

    Authority: 16 U.S.C. 1851 note.

    Dated: August 21, 2003.
Bruce C. Morehead,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-21806 Filed 8-25-03; 8:45 am]
BILLING CODE 3510-22-S