[Federal Register Volume 69, Number 72 (Wednesday, April 14, 2004)]
[Proposed Rules]
[Pages 19805-19810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8488]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.040326103-4103-01; I.D. 031504A]
RIN 0648-AQ82


Fisheries of the Northeastern United States; Recreational 
Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; 
Fishing Year 2004

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 recreational measures for the 2004 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 April 29, 2004.

ADDRESSES:  Comments on the proposed recreational measures 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 Recreational Specifications.'' 
Comments may also be submitted via facsimile (fax) to 978-281-9135, and 
via e-mail to the following address: [email protected]. Comments may 
also submitted electronically through the Federal e-Rulemaking portal: 
http://www.regulations.gov.
    Copies of supporting documents used by the Summer Flounder, Scup, 
and Black Sea Bass Monitoring Committees 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, and are accessible 
via the Internet at http://www.nero.noaa.gov/ro/doc/com.htm.

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, which are 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 coasts, 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

[[Page 19806]]

South Atlantic Councils, and NMFS. The FMP and its implementing 
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 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 2004 summer flounder, scup, and 
black sea bass fisheries were published on January 14, 2004 (69 FR 
2074). These specifications were determined to be consistent with the 
2004 target fishing mortality rate (F) (for summer flounder) and target 
exploitation rates (for scup and black sea bass). The 2004 coastwide 
recreational harvest limits are 11.21 million lb (5,085 mt) for summer 
flounder, 3.99 million lb (1,810 mt) for scup, and 4.01 million lb 
(1,819 mt) for black sea bass. The specifications did not establish 
recreational measures, since final recreational catch data for 2003 
were not available when the Council made its recreational harvest limit 
recommendation to NMFS.
    All minimum fish sizes discussed below are total length 
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

    Recreational landings for 2003 were estimated to be 11.565 million 
lb (5,246 mt), 25 percent greater than the 2003 recreational harvest 
limit (by weight). However, all states are estimated to be below their 
2003 targets when their allocations are converted to number of fish 
using the average weight of summer flounder harvested during 2002 and 
2003. The only exceptions are NY (110 percent over), NJ (9 percent 
over), and CT (6 percent over). The 2004 coastwide harvest limit is 
11.21 million lb (5,085 mt), a 21-percent increase over the 2003 
harvest limit, and 3 percent less than the estimated 2003 landings. 
Assuming the same level of fishing effort in 2004 as in 2003, a 3-
percent reduction in landings coastwide would be required for summer 
flounder. As described below, under conservation equivalency, as 
recommended by the Council, NY and NJ would be required to reduce 
summer flounder landings in 2004, by 48.5 percent and 1.3 percent, 
respectively.
    NMFS implemented Framework Adjustment 2 to the FMP on July 29, 2001 
(66 FR 36208), which established a process that makes conservation 
equivalency an option for the summer flounder recreational fishery. 
Conservation equivalency allows each state to establish its own 
recreational management measures (possession limits, minimum fish size, 
and fishing seasons), as long as the combined effect of all of the 
states' management measures achieves the same level of conservation as 
would Federal coastwide measures developed to achieve the recreational 
harvest limit, if implemented by all of the states. Conservation 
equivalency was approved for the 2003 summer flounder recreational 
fishery.
    The Council and Board recommend annually that either state-specific 
recreational measures be developed (conservation equivalency) or 
coastwide management measures be implemented by all states to ensure 
that the recreational harvest limit will not be exceeded. Even when the 
Council and Board recommend conservation equivalency, the Council must 
specify a set of coastwide measures that would apply if conservation 
equivalency is not approved. If conservation equivalency is recommended 
and, following confirmation that the proposed state measures would 
achieve conservation equivalency, NMFS may waive the permit condition 
found at Sec.  648.4(b), which requires federally permitted vessels to 
comply with the more restrictive management measures when state and 
Federal measures differ. Federally permitted charter/party permit 
holders and recreational vessels fishing for summer flounder in the EEZ 
then would be subject to the recreational fishing measures implemented 
by the state in which they land summer flounder rather than the 
coastwide measures. In addition, the Council and the Board must 
recommend precautionary default measures. The Commission would require 
adoption of the precautionary default measures by any state that either 
does not submit a summer flounder management proposal to the Council's 
Summer Flounder Technical Committee, or that submits measures that are 
determined by the Board not to achieve the required reduction. The 
precautionary default measures are defined as the measures that would 
achieve at least the overall required reduction in landings for each 
state.
    In December 2003, the Council and Board voted to recommend 
conservation equivalency to achieve the 2004 recreational harvest 
limit. The Commission's conservation equivalency guidelines require 
each state, using state-specific equivalency tables, to determine and 
implement an appropriate possession limit, minimum fish size, 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. Landings projections 
for 2003 indicate that NY and NJ will be the only states required to 
reduce recreational summer flounder landings in 2004, by 48.5 percent 
and 1.3 percent, respectively. States other than NY and NJ (from ME to 
NC) would not require any reductions in recreational summer flounder 
landings if their current regulations are maintained.
    The Board required that each state submit its conservation 
equivalency proposal to the Commission by February 17, 2004. The 
Commission's Summer Flounder Technical Committee then evaluated the 
proposals and advised the Board of each proposal's consistency with 
respect to achieving the coastwide recreational harvest limit. The 
Commission has invited public participation in its review process by 
holding public meetings and offering the public the opportunity to 
comment on the state proposals. The Board met on March 11, 2004, and 
approved all of the state management proposals. For some states, the 
Board approved multiple management options. Once these states select 
and submit their final summer flounder management measures to the 
Commission, the Commission officially will notify NMFS as to which 
state proposals have been approved or disapproved. NMFS retains the 
final authority to either approve or disapprove using conservation 
equivalency in place of the coastwide measures and will publish its 
determination in the final rule, establishing the 2004 recreational 
measures for these fisheries.
    States that do not submit conservation equivalency proposals, or 
for which

[[Page 19807]]

proposals were disapproved by the Commission, would be required by the 
Commission to adopt the precautionary default measures. In the case of 
states that are initially assigned precautionary default measures, but 
subsequently receive Commission approval of revised state measures, 
NMFS will publish a notice in the Federal Register announcing a waiver 
of the permit condition at Sec.  648.4(b).
    The coastwide measures recommended by the Council and Board consist 
of a 17-inch (43.2-cm) minimum fish size, a possession limit of four 
fish per person, and no closed season. In this action, NMFS proposes to 
maintain the coastwide measures in the EEZ. The coastwide measures 
would reduce recreational landings by 11 percent, based on 2001 data, 
assuming the coastwide regulations are implemented by all states. 
State-specific reductions in landings would range from 0 percent in MD 
to 63 percent in NC. These measures would be waived if conservation 
equivalency is approved.
    The precautionary default measures specified by the Council and 
Board are the same as specified for 2003 and consist of an 18-inch 
(45.7-cm) minimum fish size, a possession limit of one fish per person, 
and no closed season.

Scup

    For 2004, the Total Allowable Landings of scup was maintained at 
the 2003 level. As a result of a slightly larger research set-aside 
amount for 2004 than for 2003, the 2004 scup recreational harvest limit 
is 3.99 million lb (1,812 mt), a less than 1-percent decrease from the 
2003 harvest limit of 4.01 million lb (1,819 mt). Recreational landings 
in 2003 were estimated to be 9.6 million lb (4,354 mt), more than twice 
the 2003 harvest limit. To achieve the 2004 target, a 58-percent 
reduction in landings relative to landings in 2003 is necessary.
    The 2004 scup recreational fishery will be managed under separate 
regulations for state and Federal waters; the Federal measures would 
apply to party/charter boats with Federal permits and other vessels 
subject to the possession limit that fish in the EEZ. In Federal 
waters, to achieve the 2004 target, 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 29, 
and August 15 through November 30. However, additional analysis 
indicates that these recommended measures would achieve only a 48-
percent reduction in landings relative to landings in 2003. In order to 
achieve the required 58-percent reduction, NMFS proposes to implement 
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 the 
last day of February, and September 8 through November 30. For 
comparative purposes, the current (status quo) scup recreational 
measures in the EEZ are 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.
    As in the past 2 years, the scup fishery in state waters will be 
managed under a regional conservation equivalency system developed 
through the Commission. Addendum XI to the Interstate FMP (Addendum 
XI), approved by the Board at the January 2004 Council/Commission 
meeting, requires that the states of MA through NY each develop state-
specific management measures to reduce their landings by 57 percent 
relative to their landings in 2003, through a combination of minimum 
fish size, possession limits, and seasonal closures. In February 2004, 
the Commission revised the required reduction of landings for MA 
through NY to 53.2 percent, based on Marine Recreational Fisheries 
Statistical Survey (MRFSS) landings estimates through December 2003. At 
the March 11, 2004, meeting, the Board approved the status quo measures 
for NJ, i.e., 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 states, DE through NC, the Board approved 
the retention of status quo management measures, i.e., an 8-inch (20.3-
cm) minimum fish size, a 50-fish possession limit, and no closed 
season. The northern states are expected to submit management measures 
to the Commission for technical review in the next few weeks. Because 
the Federal FMP does not contain provisions for conservation 
equivalency, and states may adopt their own unique measures under 
Addendum XI, it is likely that state and Federal recreational scup 
measures will differ for the 2004 season.

Black Sea Bass

    The 2004 black sea bass recreational harvest limit is 4.01 million 
lb (1,819 mt), a 17-percent increase from the 2003 harvest limit. 
Recreational landings in 2003 were estimated to be 3.995 million lb 
(1,812 mt), 16 percent over the 2003 target. Assuming the same level of 
fishing effort in 2004, no coastwide reduction in landings is required.
    Currently, the Federal coastwide black sea bass recreational 
measures are: a 25-fish per person possession limit; a minimum size of 
12 inches (30.5 cm); and open seasons of January 1 through September 1, 
and September 16 through November 30. State regulations vary. Although 
no reduction in landings is required relative to 2003 landings, the 
Council and Board decided to take a precautionary approach to maintain 
the status quo measures. The Council recommended open seasons from 
January 1 through September 7, and September 22 through November 30. 
These measures are expected to constrain recreational black sea bass 
landings to the 2004 target.

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 action, why it is being considered, and the 
legal basis for this action are contained in the preamble to this 
proposed 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, 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 are 
considered small business entities for the purposes of the Regulatory 
Flexibility Analysis (RFA), i.e., businesses with receipts (gross 
revenues) of up to $3.5 million. These small entities 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 individual recreational 
anglers are likely to be impacted, they are not considered small 
entities under the RFA. Also, there is no permit requirement to 
participate in these fisheries, thus, it would be difficult to quantify 
any impacts on recreational anglers in general.
    In the EA/IRFA, the no-action alternative (i.e., maintenance of the 
regulations as codified) is defined as implementation of the following: 
(1) for summer flounder, coastwide measures of a 17-inch (43.2-cm) 
minimum fish size, a 4-fish possession limit, and no

[[Page 19808]]

closed season, i.e., the measure that would be implemented if 
conservation equivalency is not implemented in the final rule; (2) for 
scup, 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; and (3) for black sea bass, a 12-inch (30.5-cm) 
minimum size, a 25-fish per person possession limit, and an open season 
of January 1 through September 1, and September 16 through November 30.
    The implications of the no-action alternative are substantial. For 
summer flounder, reductions in landings would range from 0 percent in 
MD to 63 percent in NC. The no-action alternative (i.e., maintenance of 
the regulations as codified) would not be restrictive enough to effect 
the recommended 58-percent reduction in scup landings relative to 2003, 
but would constrain black sea bass landings to the harvest limit for 
2004. In consideration of the recreational harvest limits established 
for the 2004 fishing year, taking no action in the summer flounder and 
scup fisheries would be inconsistent with the goals and objectives of 
the FMP and its implementing regulations, and, because it could result 
in overfishing of the scup fishery, also would be inconsistent with 
National Standard 1 of the Magnuson-Stevens Act. Therefore, the no-
action alternative was not considered to be an acceptable alternative 
to the preferred action.
    The Council estimated that the proposed measures could affect any 
of the 775 vessels possessing a Federal charter/party permit for summer 
flounder, scup, and/or black sea bass in 2002, the most recent year for 
which complete permit data are available. Only 327 of these vessels 
reported active participation in the recreational summer flounder, 
scup, and/or black sea bass fisheries in 2002.
    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's 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 for profitability. 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.
    Assessments of potential changes in gross revenues for all 18 
combinations of alternatives proposed in this action were conducted for 
federally permitted party/charter vessels in each state in the 
Northeast Region (NE). Management measures proposed under the summer 
flounder conservation equivalency alternative have yet to be adopted; 
therefore, potential losses under this alternative could not be 
analyzed in conjunction with alternatives proposed for scup and black 
sea bass. Since conservation equivalency allows each state to tailor 
specific recreational fishing measures to the needs of that state, 
while still achieving conservation goals, it is likely that the 
measures developed under this alternative, when considered in 
combination with the measures proposed for scup and black sea bass, 
would have fewer overall adverse effects than any of the other 
combinations that were analyzed.
    Impacts were examined by first estimating the number of angler 
trips aboard party/charter vessels in each state in 2003 that would 
have been affected by the proposed 2004 management measures. All 2003 
party/charter fishing trips that would have been constrained by the 
proposed 2004 measures in each state were considered to be affected 
trips.
    There is very little information available to estimate empirically 
how sensitive the affected party/charter vessel anglers might be to the 
proposed fishing regulations, with the exception of states for which 
the contribution of summer flounder, scup, and black sea bass to the 
total catch by party/charter vessels is negligible (ME and NH) and DE, 
for which results are suppressed for confidentiality purposes. If the 
proposed measures discourage trip-taking behavior among some of the 
affected anglers, economic losses may accrue to the party/charter 
vessel industry in the form of reduced access fees. On the other hand, 
if the proposed measures do not have a negative impact on the value or 
satisfaction the affected anglers derive from their fishing trips, 
party/charter revenues would remain unaffected by this action. In an 
attempt to estimate the potential changes in gross revenues to the 
party/charter vessel industry in each state, two hypothetical scenarios 
were considered: A 25-percent reduction, and a 50-percent reduction, in 
the number of fishing trips that are predicted to be affected by 
implementation of the management measures in the NE (ME through NC) in 
2004.
    Total economic losses to party/charter vessels were then estimated 
by multiplying the number of potentially affected trips in each state 
in 2004, under the two hypothetical scenarios, by the estimated average 
access fee paid by party/charter anglers in the NE in 2003. Finally, 
total economic losses were divided by the number of federally permitted 
party/charter vessels that participated in the summer flounder, scup, 
and/or, black sea bass fisheries in 2002 in each state (according to 
homeport state in the NE database) to obtain an estimate of the average 
projected gross revenue loss per party/charter vessel in 2004.
    The MRFSS data indicate that anglers fished 34.66 million days in 
2003 in the NE. In the NE, party/charter anglers comprised about 5 
percent of the angler fishing days. The number of trips in each state 
ranged from approximately 14,000 in ME to approximately 457,000 in NJ. 
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 NE in 
2003 ($37.70 per angler), and the revenue impacts on individual vessels 
were estimated. The analysis assumed that angler effort and catch rates 
in 2004 will be similar to 2003.
    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 anglers may engage in 
catch and release fishing and/or 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 analyses. 
Considering the large proportion of landings from state waters 
(approximately 90 percent of summer flounder and scup landings in 
2002), it is probable that some party/charter

[[Page 19809]]

 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.

Impacts of Summer Flounder Alternatives

    The proposed action for the summer flounder recreational fishery 
would limit coastwide catch to 11.21 million lb (5,085 mt) by either 
waiving the permit condition at Sec.  648.4(b) and requiring Federal 
permit holders to comply with management measures set by the states 
(conservation equivalency) or imposing coastwide Federal measures 
throughout the EEZ.
    The impact of the proposed summer flounder conservation equivalency 
alternative (in Alternative 1) among states is likely to be similar to 
the level of landings reductions that are required of each state. As 
indicated above, only NY and NJ would be required to reduce summer 
flounder landings in 2004, relative to their 2003 landings (by 48.5 
percent and 1.3 percent, respectively). 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 adverse 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 than 
to adopt the much more restrictive precautionary default measures 
(i.e., only one fish measuring at least 18 inches (45.7 cm)).
    The impacts of the non-preferred summer flounder coastwide 
alternative (in Alternative 2), i.e., a 17-inch (43.2-cm) minimum fish 
size, a four-fish possession limit, 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 2003 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 1.1 percent of the 
party/charter vessel trips in the NE.
    The state-specific landings reductions associated with the 
precautionary default measures, consisting of an 18-inch (45.7-cm) 
minimum fish size, a one-fish possession limit, and no closed season, 
would reduce state specific landings by a range of 41 percent (DE) to 
88 percent (NC), relative to landings in these states in 2003. 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 default 
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 3.99 
million lb (1,812 mt) and reduce landings by at least 58 percent 
compared to 2003.
    For the preferred scup alternative (in Alternative 1), impacted 
trips were defined as individual angler trips taken aboard party/
charter vessels in 2003 that landed at least 1 scup smaller than 10 
inches (25.4 cm), that landed more than 50 scup, or that landed at 
least 1 scup during the proposed closed seasons of March 1 through 
August 14, and December 1 through December 31. The analysis concluded 
that the measures would affect 2.4 percent of party/charter vessel 
trips in the NE.
    For the scup no action alternative (in Alternative 2), impacted 
trips were defined as individual angler trips taken aboard party/
charter vessels in 2003 that landed at least 1 scup smaller than 10 
inches (25.4 cm), that landed more than 50 scup, or that landed at 
least 1 scup during the periods of March 1 through June 30, and 
December 1 through December 31. The analysis concluded that the 
measures would affect 1.2 percent of party/charter vessel trips in the 
NE.
    For the scup measures considered in Alternative 3, impacted trips 
were defined as individual angler trips taken aboard party/charter 
vessels in 2003 that landed at least 1 scup smaller than 10 inches 
(25.4 cm), that landed more than 50 scup, or that landed at least 1 
scup during the period March 1 through September 7, and December 1 
through December 31. The analysis concluded that the measures in this 
alternative would affect 3.2 percent of party/charter vessel trips in 
the NE.

Impacts of Black Sea Bass Alternatives

    The proposed action for black sea bass would limit coastwide 
landings to 4.01 million lb (1,819 mt). For the preferred black sea 
bass alternative (in Alternative 1), impacted trips were defined as 
individual angler trips taken aboard party/charter vessels in 2003 that 
landed at least 1 black sea bass smaller than 12 inches (30.5 cm), that 
landed more than 25 black sea bass, or that landed at least 1 black sea 
bass during the proposed closed seasons of September 8 through 
September 21, and December 1 through December 31. The analysis 
concluded that the measures would affect less than 1 percent of party/
charter vessel trips in the NE.
    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 2003 that landed at least 1 black 
sea bass smaller than 11.5 inches (29.2 cm), that landed more than 25 
black sea bass, or that landed at least 1 black sea bass during the 
period of September 2 through September 15, and December 1 through 
December 31. The analysis concluded that the proposed alternative would 
affect less than 1 percent of party/charter vessel trips in the NE.
    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 2003 that landed at least 1 black 
sea bass smaller than 12 inches (30.5 cm) or that landed more than 20 
black sea bass. The analysis concluded that the measures would affect 
1.4 percent of party/charter trips.

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

    Since the management measures under summer flounder Alternative 1 
(i.e., conservation equivalency) have yet to be adopted, the effort 
effects of this alternative could not be analyzed in conjunction with 
the alternatives proposed for scup and black sea bass. The percent of 
total party/charter vessel trips in the NE that were estimated to be 
affected by the other alternatives ranged from a low of 3 percent for 
the combination of measures proposed under summer flounder Alternative 
2, scup Alternative 2, and black sea bass Alternative 2 to 10.5 percent 
for the precautionary default measures for summer flounder combined 
with the measures proposed under scup Alternative 3 and black sea bass 
Alternative 3.
    Potential revenue losses in 2004 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. All 18 potential combinations 
of management alternatives proposed for

[[Page 19810]]

 summer flounder, scup, and black sea bass are predicted to affect 
party/charter vessel revenues to some extent in 9 of the 11 NE coastal 
states. Angler effort aboard party/charter vessels in 2004 in ME and NH 
is not predicted to be constrained (i.e, affected) by the proposed 
measures, thus party/charter revenues for vessels operating in these 
states are not estimated to be impacted. In addition, although 
potential losses were estimated for party/charter vessels operating out 
of DE, these results are suppressed for confidentiality purposes. 
Average party/charter losses for federally permitted vessels operating 
in the remaining states are estimated to vary considerably across the 
18 combinations of alternatives. For instance, in CT, average losses 
are predicted to range from only $13 per vessel under the combined 
effects of summer flounder Alternative 2, scup Alternative 1, and black 
sea bass Alternative 1, to $6,456 for the combination of alternatives 
proposed for summer flounder Alternative 2, scup Alternative 3, and 
black sea bass Alternative 1 (assuming a 25-percent reduction in 
affected effort).
    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: April 8, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

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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

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

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

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2. 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 
the last day of February, and from September 8 through November 30. 
This time period may be adjusted pursuant to the procedures in Sec.  
648.120.
* * * * *

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3. 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 7, and 
September 22 through November 30. This time period may be adjusted 
pursuant to the procedures in Sec.  648.140.

[FR Doc. 04-8488 Filed 4-13-04; 8:45 am]
BILLING CODE 3510-22-S