[Federal Register Volume 68, Number 202 (Monday, October 20, 2003)]
[Proposed Rules]
[Pages 59906-59908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26400]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 697

[I.D. 063003A]
RIN 0648-AR33


Atlantic Striped Bass Conservation Act; Atlantic Striped Bass 
Fishery

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

ACTION: Notice of intent to prepare an Environmental Impact Statement 
(EIS) and notice of scoping process; request for comments.

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SUMMARY: Based on recommendations from the Atlantic States Marine 
Fisheries Commission (Commission) and comments received from an advance 
notice of proposed rulemaking (ANPR), NMFS announces its intent to 
prepare an environmental impact statement (EIS) to analyze the impacts 
on the human environment of potential revisions to Federal Atlantic 
striped bass regulations for the U.S. Exclusive Economic Zone (EEZ). In 
addition, NMFS announces that the public will have additional 
opportunities to comment on potential management measures, including a 
no action alternative, addressing the Commission's recommendations and 
on issues that should be considered in development of the EIS during 
scheduled scoping meetings. The purpose of this notice is to alert the 
interested public: (1) of NMFS intent to prepare an EIS; (2) that NMFS 
will be accepting written comments on its intention to draft an EIS; 
and (3) that NMFS will conduct public scoping hearings for the impact 
statement during which the public is invited to attend and comment.

DATES: NMFS will discuss and take scoping comments at public meetings 
in November and December 2003. Written scoping comments will also be 
accepted and 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 December 22, 2003.

ADDRESSES: Written scoping comments and requests for copies of the 
scoping document and other information should 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. Copies of scoping documents may also be obtained on the State-
Federal Fisheries Division's website at http://www.nmfs.noaa.gov/sfa/state_federal/state_federal.htm after 5 p.m. Eastern Standard Time on 
November 3, 2003. 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: Anne Lange, telephone (301)713-2334.

SUPPLEMENTARY INFORMATION:

Background

    NMFS published an ANPR concerning striped bass in the Federal

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Register on July 21, 2003 (68 FR 43074). In the ANPR, NMFS announced 
that it was considering whether to propose rulemaking to revise Federal 
Atlantic striped bass regulations to be compatible with the 
Commission's Amendment 6 to the Interstate Fishery Management Plan for 
Atlantic Striped Bass (Amendment 6). Under the Atlantic Striped Bass 
Conservation Act, NMFS is obligated to regulate striped bass in the EEZ 
in a manner that is compatible with state management, which is set 
forth under the Commission's plan. In the ANPR, NMFS sought comments on 
the Commission's recommendations to the Secretary of Commerce 
(Secretary) to open the EEZ to the harvest of Atlantic striped bass. 
NMFS also solicited comments on possible alternative management 
measures and issues that NMFS should consider relative to these 
recommendations. The comment period closed on August 20, 2003. The 
public requested more time to submit comments; NMFS agreed, and 
reopened the comment period from August 26, 2003, until September 25, 
2003 (68 FR 51232).
    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 Commission has found that the 
population has expanded to record levels of abundance.
    To maintain this recovered population, the Commission approved 
Amendment 6 to the ISFMP in February 2003 (copies of Amendment 6 are 
available via the Commission's websiteat http://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 4 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 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 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 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 (greater than 75 percent) 
received in opposition during the Amendment 6 process 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.

Summary of ANPR Comments

    In addition to the Commission's reasons for its recommendation to 
the Secretary, the following summarizes comments in support of opening 
the EEZ: (1) Opening the EEZ to the harvest of striped bass will not 
increase pressure on the resource, but will dissipate effort over a 
larger area and reduce the congestion by small trawlers and 
recreational boats in state waters; and (2) enforcement of the EEZ 
closure is difficult, but state controls at the point of landing work, 
regardless of where the fish are harvested. Comments in opposition to 
opening the EEZ are summarized as follows: (1) Opening the EEZ could 
create conflicts between state and Federal jurisdictions, such as in 
those states with game fish status; (2) bycatch concerns may be more 
difficult to address if fishing for striped bass is allowed in the EEZ; 
(3) fishing for striped bass in the EEZ may result in a directed 
fishery for the larger, older, more successful breeders assumed to 
concentrate offshore; (4) fishing for striped bass in the EEZ may 
result in an

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increase in mortality because overall harvest may increase; (5) 
allowing fishing for striped bass in the EEZ may result in landings in 
excess of target mortality rates set forth in Amendment 6; and (6) 
opening the EEZ to fishing for striped bass may have impacts on both 
human and fish health (such concerns relate to PCB consumption and 
bacterial infections in striped bass). NMFS believes the best way to 
address the issues and concerns raised during the ANPR comment period 
is to hold a series of hearings along the Atlantic coast to help 
determine the scope of the eventual EIS that it intends to develop. 
This eventual EIS would offer analysis of the aforementioned issues. In 
addition, during the scoping process, NMFS would like the public to 
comment further on the Commission's recommendations, including comments 
both on other potential management measures, including a no action 
alternative, as well as comments on other issues that the public thinks 
should to be analyzed in the development of this EIS.

Potential Management Measures Being Considered

    All persons affected by or otherwise interested in Atlantic striped 
bass management in the EEZ are invited to participate in determining 
the scope and significance of issues to be analyzed in development of 
an EIS by submitting written comments (see ADDRESSES) or by 
participating in one or more of the scheduled scoping hearings. 
Potential management measures being considered include: (1) no action - 
maintain moratorium in EEZ; and (2) open the entire EEZ, implement a 
28-inch (71.1 cm) minimum size limit, and allow states to adopt more 
restrictive regulations for fishermen and vessels licensed in their 
state (Commission recommendation). In addition, NMFS will consider 
additional management measures received during the scoping process that 
will both benefit the sustainability of this fishery and be compatible 
with the Commission plan. NMFS will consider, through the EIS, all 
impacts, including direct, indirect and cumulative, of the potential 
management measures to be considered. The scoping process will also 
identify and eliminate from detailed study issues that are not 
significant. Once an EIS is developed, NMFS will hold public hearings 
to receive comments, on the draft EIS.

Schedule of Public Scoping Hearings

    1. Wednesday, November 5, 2003 - Portsmouth, NH, 7-8:30 p.m.
    Urban Forestry Center, 45 Elwin Road, Portsmouth, NH 03801
    2. Wednesday, November 12, 2003 - Manteo, NC, 7-9 p.m.
    North Carolina Aquarium on Roanoke Island, 374 Airport Road, 
Manteo, NC 27954
    3. Tuesday, November 18, 2003 -Toms River, NJ, 6-9 p.m.
    Quality Inn, 815 Route 37, Toms River, NJ 08755
    4. Wednesday, November 19, 2003 - Dover, DE, 6:30-7:30 p.m.
    Delaware Department of Natural Resources and Environmental Control, 
Richardson & Robbins Bldg., 89 Kings Highway, Dover, DE
    5. Monday, December 1, 2003 - Stony Brook, NY, 7:30-9:30 p.m.
    State University of New York at Stony Brook (SUNY), Student 
Activities Center, Nicolls Road, Stony Brook, NY 11794
    6. Tuesday, December 2, 2003 - Old Lyme, CT, 7-9 p.m.
    Connecticut Department of Environmental Protection, Marine 
Headquarters, Boating Education Building, 333 Ferry Road, Old Lyme, CT 
06371 7. Monday, December 8, 2003 - Portland, ME, 7-9 p.m.
    Holiday Inn By The Bay, 88 Spring Street, Portland, ME 04101
    8. Tuesday, December 9, 2003- Bourne, MA, 7-10 p.m.
    Canal Club, 100 Trowbridge Road, Bourne, MA 02532
    9. Wednesday, December 10, 2003 - Narragansett, RI, 7-9 p.m.
    University of Rhode Island, Bay Campus, Corless Auditorium, South 
Ferry Road, Narragansett, RI
    The public is reminded that NMFS expects participants at the public 
hearings to conduct themselves appropriately. At the beginning of each 
public hearing, a NMFS representative will explain the ground rules 
(e.g., alcohol is prohibited from the hearing room; attendees will be 
called to give their comments in the order in which they registered to 
speak; each attendee will have an equal amount of time to speak; and 
attendees should not interrupt one another). The NMFS representative 
will attempt to structure the hearing so that all attending members of 
the public will be able to comment, if they so choose, regardless of 
the controversial nature of the subject(s). Attendees are expected to 
respect the ground rules, and, if they do not, they will be asked to 
leave the hearing.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Tom Meyer, (301) 713-2334, at 
least 7 days prior to the hearing in question.

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

    Dated: October 15, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-26400 Filed 10-17-03; 8:45 am]
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