[Federal Register Volume 68, Number 185 (Wednesday, September 24, 2003)]
[Proposed Rules]
[Pages 55283-55286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24249]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 030912231-3231-01; I.D. 090403A]
RIN 0648-AR43

50 CFR Part 648


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Framework Adjustment 3

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes measures contained in Framework Adjustment 3 
(Framework 3) to the Summer Flounder, Scup, and Black Sea Bass Fishery 
Management Plan (FMP) that would allow the rollover of unused 
commercial scup quota from the Winter I period to the Winter II period, 
and to change the regulations regarding the scup commercial quota 
counting procedures.

DATES: Comments on this proposed rule must be received on or before 
October 9, 2003.

ADDRESSES: Copies of the Framework 3 document, its Regulatory Impact 
Review (RIR), the Initial Regulatory Flexibility Analysis (IRFA), the 
Environmental Assessment, and other supporting documents for the 
framework adjustment 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. Written 
comments on the proposed rule should be sent to Patricia A. Kurkul, 
Regional Administrator, NMFS, Northeast Regional Office, One Blackburn 
Drive, Gloucester, MA 01930. Mark the outside of the envelope 
``Comments on Framework 3.'' Comments may also be sent via facsimile 
(fax) to (978) 281-9135. Comments will not be accepted if submitted via 
e-mail or the Internet.

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 unit for scup (Stenotomus 
chrysops), specified in the FMP, is defined as 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 commercial scup 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.
    Scup was most recently assessed at the 35\th\ Northeast Regional 
Stock Assessment Review Committee (SARC 35) in June 2002. SARC 35 
concluded that scup are no longer overfished, but stock status with 
respect to overfishing cannot currently be evaluated. SARC 35 indicated 
that relative exploitation rates on scup have declined in recent years, 
although the absolute value of the fishing mortality rate cannot be 
determined because of a lack of reliable

[[Page 55284]]

discard estimates and information regarding the length composition of 
scup landings and discards. Overall, most recent scup survey 
observations indicate strong recruitment and some rebuilding of age 
structure.
    The Council has initiated this framework adjustment, pursuant to 50 
CFR 648.127(a), to allow the commercial scup fishery to be more 
efficient and to better achieve the management objectives of the FMP, 
specifically regarding attainment of optimum yield from the scup 
fishery. The Council intends to continue the management programs 
detailed in the FMP and reduce overfishing and rebuild the scup stock.
    The commercial scup fishery is managed under a system that 
allocates the annual quota to three periods: Winter I, January-April 
(45.11 percent); Summer, May-October (38.95 percent); and Winter II, 
November-December (15.94 percent). During the Winter periods, the quota 
is monitored on a coastwide basis. During the Summer period, the quota 
is also monitored on a coastwide basis, but the Commission uses a 
state-by-state allocation system to help manage the Federal quota. The 
Federal commercial scup fishery is closed coastwide when the allocation 
for a period is reached. In addition, any overages during a quota 
period are subtracted from that period's allocation for the following 
year. Any quota overages by a state during the Summer period (whether 
or not the total Summer period quota is exceeded) are subtracted by the 
Commission from the state's Summer period share the following year. The 
current regulations do not allow for the transfer of quota between 
periods within a fishing year. The final rule to implement the 2003 
annual quota specifications (68 FR 60, January 2, 2003) established 
possession limits of 15,000 lb (6,804 kg) per trip during Winter I and 
1,500 lb (680 kg) during Winter II, and specified that the Winter I 
possession limit be reduced to 1,000 lb (454 kg) per trip when 80 
percent of the commercial quota allocated to that period is projected 
to be harvested.

Quota Rollover From Winter I to Winter II

    Framework 3 proposes a process, for years in which the full Winter 
I commercial scup quota is not harvested, to allow unused quota from 
the Winter I period to be added to the quota for the Winter II period. 
During the development of this framework adjustment, the Council 
considered and analyzed three alternatives for unused Winter I quota: 
Taking no action, which would continue the current regulations without 
the ability to transfer unused quota between periods (Alternative 1); 
the proposed option (Alternative 2); and combining the Winter I and 
Winter II quotas into a single quota spanning the two periods 
(Alternative 3). A fourth option, to roll over unused quota from both 
the Winter I and Summer periods into Winter II, was considered but 
rejected for further analysis due to the impracticability of monitoring 
the Summer period quota through the end of the Summer period, 
calculating the amount of unused combined Winter I and Summer period 
quota, if any, and effecting the quota rollover prior to the beginning 
of the Winter II period. The proposed option was selected by the 
Council because, under Alternative 1, regulatory discarding in Winter 
II would continue to occur, and Alternative 3 introduces the risk that 
the entire combined winter quota could be taken during Winter I, 
resulting in no fishery during Winter II. Additionally, it may be 
difficult to develop possession limits that would accommodate the 
merged periods under Alternative 3. Alternative 2 is not associated 
with any risk to the scup stock or stocks of other species, and should 
provide economic and social benefits while meeting the objectives of 
National Standard 1.
    In addition, commercial possession limits for the Winter II period 
would be adjusted, based on the amount of quota rolled over from the 
Winter I period. It is the Council's intention that the quota rollover 
and any necessary possession limit adjustments would be accomplished 
via a notification of changes prior to the beginning of the Winter II 
fishery.
    For 2003, the Winter II quota is 1,979,689 lb (897,981 kg), and 
preliminary Winter I landings information indicates that 2,203,751 lb 
(999,605 kg) remain of the Winter I quota. Framework 3 proposes that 
the entire amount of unused 2003 Winter I quota be transferred to 
Winter II; assuming the transfer of 2,203,751 lb (999,605 kg), the 
total Winter II quota would be 4,183,440 lb (1,897,576 kg). The amount 
to be transferred will be updated in the final rule based on the latest 
landings information for the 2003 Winter I period. In addition to the 
quota transfer, Framework 3 proposes to increase the 2003 Winter II 
possession limit to 4,000 lb (1,814 kg ) per trip. For 2004 and future 
years, the Council will recommend Winter II possession limits, adjusted 
as appropriate based on the amount rolled over from Winter I to Winter 
II, as part of the annual commercial quota specification process.

Quota Counting Procedures

    The distribution of scup is such that they are occasionally 
available in nearshore (state) waters prior to the beginning of the 
Summer period (May 1). The Commission has informed the Council and NMFS 
that an addendum to the Interstate FMP will be prepared, in the event 
of a Federal Winter I closure prior to April 15, to allow scup landed 
April 15 through April 30 to be counted against the states' Summer 
period quota allocation. State permit holders would be allowed to land 
and sell scup to state and federally permitted dealers after April 15 
and prior to the Federal opening of the Summer period on May 1, in 
order to reduce discards. In order to effect the planned change to the 
Commission allocation system, Framework 3 proposes a mechanism, for 
years when the Winter I commercial scup quota is completely harvested 
and the Winter I fishery is closed prior to April 15, and upon a 
state's written request, to allow for commercial landings of scup by 
state-only permitted vessels in said state that occur from April 15 
through April 30 to be counted against the Summer period quota 
allocation.
    During the development of this framework adjustment, the Council 
considered and analyzed two options for the quota counting procedures: 
A no-action alternative, which would not allow these landings to be 
counted against the Summer period quota, but would continue to require 
that they be recorded as an overage to the Winter I period quota; and 
the proposed option. The Council selected the proposed action because 
it would not alter the current quota period or allocations, would 
require only a minimal change to current Federal regulations, would 
reduce the negative effects associated with harvest demand when scup 
availability is high but landings are not allowed, and would not place 
the scup stock or stocks of other species at risk.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council prepared an IRFA that describes the economic impact 
this proposed rule, if adopted, would have on small entities. A 
description of the reasons why this action is being considered, and the 
objectives of and legal basis for this action are contained at the 
beginning of this section in the preamble. The preamble to this 
proposed rule also includes complete descriptions of the proposed, no 
action, and other alternatives discussed here.

[[Page 55285]]

 There are no new recordkeeping or reporting requirements proposed in 
this rule. There are no relevant Federal rules that duplicate, overlap, 
or conflict with this proposed rule. All vessels that would be impacted 
by this proposed rulemaking are considered to be small entities; 
therefore, there would be no disproportionate impacts between large and 
small entities. A summary of the analysis follows:
    The purpose of this framework is to better coordinate the timing of 
the fishery's harvest potential with availability of the resource. 
Under the no-action quota rollover alternative, the current allocation 
system as specified in the FMP would remain unchanged, and any negative 
economic impacts associated with it could persist. More specifically, a 
portion of the annual quota allocated to Winter I may be left 
unharvested, which would result in foregone economic opportunities to 
the fishing industry. Additionally, the existing regulations require 
that once the Winter II quota has been achieved, additional scup 
captured by the fishery operating during that time of year be 
discarded.
    Allowing the transfer of unused scup quota from the Winter I period 
to the Winter II period could potentially increase landings of scup 
during the Winter II period. Applying the nominal average ex-vessel 
price of scup for the 1998-2002 Winter II period of $0.80/lb, and 
assuming the transfer of 2,203,751 lb (999,605 kg), the additional 
amount of scup available for harvest during the 2003 Winter II period 
would be valued at $1.763 million. If this increase in revenue is 
equally distributed among the 213 vessels that landed scup during the 
2002 Winter II period, then overall ex-vessel gross revenues could 
increase by $8,277 per vessel. However, as it is possible that the 
average price for scup during Winter II may decrease, given the 
potential increase in scup landings, the estimate of the increase to 
ex-vessel gross revenues most likely represents an upper limit.
    The proposed Winter II possession limit for 2003 of 4,000 lb (1,814 
kg) per trip is not expected to impact the scup fishery negatively. In 
fact, the increased possession limit may have positive impacts by 
providing the market a regular product supply, and avoiding market 
gluts and price fluctuations.
    It is expected that the proposed action regarding quota rollover 
from Winter I to Winter II would reduce social burdens associated with 
early closures that may occur under the current system for managing 
scup. It is expected that this alternative would have a positive impact 
on the ports and communities associated with the vessels participating 
in this fishery.
    The impacts of the combination of Winter I and Winter II into one 
period are expected to be similar to those for the proposed action. 
However, it is possible that the entire quota could be harvested during 
Winter I. If this were to occur, fishermen would not be able to fish 
for scup during the Winter II period, potentially disrupting product 
supply, increasing discards, and contributing to price fluctuations, as 
well as severely constraining fishing opportunities for those fishermen 
that depend upon access to the Winter II quota period fishery. The 
proposed action would provide the maximum economic benefit to the 
fishing industry by ensuring that any unused Winter I period scup quota 
would be made available in the Winter II period.
    Federal Northeast permit data indicate that there were 878 vessels 
with scup commercial permits in 2001. This action would affect only how 
certain landings are attributed, and would not affect the ability of 
vessels holding only a state permit to land and sell scup during a 
Federal closure.
    The preferred quota counting procedures alternative would not 
affect overall scup landings, as total landings would continue to be 
restricted to the annual commercial quota. It is possible that, if the 
Winter I fishery were closed and inshore fishermen were allowed to land 
and sell scup, scup prices could increase. However, given the short 
length of time that inshore fishermen would have to land any scup 
harvested during a Winter I closure, i.e., April 15 through April 30, 
it is not expected that the scup price would be significantly affected. 
Nevertheless, selling scup harvested by inshore fisheries prior to May 
1 during a Winter I closure would likely provide economic and social 
benefits to inshore fisheries. It is possible that the preferred 
alternative could result in the Summer period quota being harvested 
earlier. This would depend on the amount of the summer quota, numbers 
of fishermen that may participate in an early summer fishery, and/or 
the amount of scup that could potentially be landed after April 15 and 
prior to May 1 in the event of a Winter I closure. However, due to lack 
of information on these factors, this cannot be analyzed in detail.

List of Subjects in 50 CFR Part 648

    Fishing, Fisheries, Reporting and recordkeeping requirements.

    Dated: September 17, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons stated 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.  648.120, paragraphs (b)(2), (b)(4), and (c) are 
revised; paragraph (d)(3) is redesignated as paragraph (d)(4) and the 
introductory text is revised; and new paragraphs (d)(3) and (d)(5) are 
added to read as follows:


Sec.  648.120  Catch quotas and other restrictions.

* * * * *
    (b) * * *
    (2) Landing limits for the Winter I and Winter II periods, 
including landing limits that result from potential rollover of quota 
from Winter I to Winter II. The possession limit is the maximum 
quantity of scup that is allowed to be landed within a 24-hour period 
(calendar day).
* * * * *
    (4) All scup landed for sale in any state during a quota period 
shall be applied against the coastwide commercial quota for that 
period, regardless of where the scup were harvested, except as provided 
in paragraph (d)(5) of this section.
* * * * *
    (c) Annual fishing measures. The Demersal Species Committee shall 
review the recommendations of the Scup Monitoring Committee. Based on 
these recommendations and any public comment, the Demersal Species 
Committee shall recommend to the MAFMC measures necessary to assure 
that the specified exploitation rate will not be exceeded. The MAFMC's 
recommendation must include supporting documentation, as appropriate, 
concerning the environmental and economic impacts of the 
recommendations. The Regional Administrator shall review these 
recommendations and any recommendations of the Commission. After such 
review, NMFS will publish a proposed rule to implement a commercial 
quota in the Federal Register, specifying the amount of quota allocated 
to each of the three periods, landings limits for the Winter I and 
Winter II periods, including landing

[[Page 55286]]

limits that result from potential rollover of quota from Winter I to 
Winter II, the percentage of landings attained during the Winter I 
fishery at which the landing limits will be reduced, a recreational 
harvest limit, and additional management measures for the commercial 
fishery. If the Regional Administrator determines that additional 
recreational measures are necessary to assure that the specified 
exploitation rate will not be exceeded, he or she will publish a 
proposed rule in the Federal Register to implement additional 
management measures for the recreational fishery. After considering 
public comment, the Regional Administrator will publish a final rule in 
the Federal Register to implement annual measures.
    (d) * * *
    (3) The Regional Administrator will monitor the harvest of 
commercial quota for each quota period based on dealer reports, state 
data, and other available information and shall determine the total 
amount of scup landed during the Winter I period. If, in any year that 
the Regional Administrator determines that the landings of scup during 
Winter I are less than the Winter I quota for that year, he/she shall 
increase, through publication of a notification in the Federal 
Register, provided such rule complies with the requirements of the 
Administrative Procedure Act, the Winter II quota for that year by an 
amount not to exceed the amount of the Winter I underharvest. The 
Regional Administrator shall also adjust, through publication of a 
notification in the Federal Register, the Winter II landing limits 
consistent with the amount of the quota increase, based on the landing 
limits established through the annual specifications-setting process.
    (4) All scup landed for sale in any state during a quota period 
shall be applied against the coastwide commercial quota for that 
period, regardless of where the scup were harvested, except as provided 
in paragraph (d)(5) of this section. Any current year landings in 
excess of the commercial quota in any quota period will be deducted 
from that quota period's annual quota in the following year as 
prescribed below:
* * * * *
    (5) If authorized by the Regional Administrator, and in a year in 
which the Winter I fishery has been closed prior to April 15, scup 
landed for sale from April 15 through April 30 by vessels issued a 
state permit only and fishing exclusively within the waters of a state 
may be counted against the Summer period quota. Requests to the 
Regional Administrator to count scup landings in a state from April 15 
through April 30 against the Summer period quota must be made by letter 
signed by the principal state official with marine fishery management 
responsibility and expertise, or his/her designee, and must be received 
by the Regional Administrator no later than April 15. Within 10 working 
days following receipt of the letter, the Regional Administrator shall 
notify the appropriate state official of the disposition of the 
request.
* * * * *
[FR Doc. 03-24249 Filed 9-23-03; 8:45 am]
BILLING CODE 3510-22-S