[Federal Register Volume 70, Number 221 (Thursday, November 17, 2005)]
[Proposed Rules]
[Pages 69722-69731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22856]



[[Page 69722]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-AT27
[Docket No. 051104293-5293-01; I.D. 102705B-X]


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; 2006 Summer Flounder, Scup, and 
Black Sea Bass Specifications; 2006 Research Set-Aside Projects

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 specifications for the 2006 summer flounder, 
scup, and black sea bass fisheries. The implementing regulations for 
the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan 
(FMP) require NMFS to publish specifications for the upcoming fishing 
year for each of the species and to provide an opportunity for public 
comment. This proposed rule also would make changes to the regulations 
regarding the commercial black sea bass fishery. The intent of this 
action is to establish harvest levels and other measures to attain the 
target fishing mortality rates (F) or exploitation rates specified for 
these species in the FMP, to reduce bycatch, and to improve the 
efficiency of the commercial black sea bass fishery. NMFS has 
conditionally approved four research projects for the harvest of the 
portion of the quota that has been recommended by the Mid-Atlantic 
Fishery Management Council (Council) to be set aside for research 
purposes. In anticipation of receiving applications for Experimental 
Fishing Permits (EFPs) to conduct this research, the Assistant Regional 
Administrator for Sustainable Fisheries, Northeast Region, NMFS 
(Assistant Regional Administrator), has made a preliminary 
determination that the activities authorized under the EFPs issued in 
response to the approved Research Set-Aside (RSA) projects would be 
consistent with the goals and objectives of the FMP. However, further 
review and consultation may be necessary before a final determination 
is made to issue any EFP.

DATES: Comments must be received on or before December 2, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: [email protected]. Include in the subject line the 
following identifier: ``Comments on 2006 Summer Flounder, Scup, and 
Black Sea Bass Specifications.''
     Federal e-Rulemaking portal: http://www.regulations.gov.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope: ``Comments on 2006 Summer Flounder, 
Scup, and Black Sea Bass Specifications.''
     Fax: (978) 281-9135.
    Copies of the specifications document, including the Environmental 
Assessment, Regulatory Impact Review, and Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) and other supporting documents for 
the specifications are available from Daniel Furlong, Executive 
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal 
Building, 300 South Street, Dover, DE 19901-6790. The specifications 
document is also accessible via the Internet at http://www.nero.noaa.gov.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy 
Analyst, (978) 281-9279.

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 FMP 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. Implementing regulations for 
these fisheries are found at 50 CFR part 648, subpart A (General 
Provisions), subpart G (summer flounder), subpart H (scup), and subpart 
I (black sea bass).
    The regulations outline the process for specifying the annual catch 
limits for the summer flounder, scup, and black sea bass commercial and 
recreational fisheries, as well as other management measures (e.g., 
mesh requirements, minimum fish sizes, gear restrictions, possession 
restrictions, and area restrictions) for these fisheries. The measures 
are intended to achieve the annual targets set forth for each species 
in the FMP, specified either as an F or an exploitation rate (the 
proportion of fish available at the beginning of the year that are 
removed by fishing during the year). Once the catch limits are 
established, they are divided into quotas based on formulas contained 
in the FMP.
    As required by the FMP, a Monitoring Committee for each species, 
made up of members from NMFS, the Commission, and both the Mid-Atlantic 
and New England Fishery Management Councils, reviews the best available 
scientific information and recommends catch limits and other management 
measures that will achieve the target F or exploitation rate for each 
fishery. Consistent with the implementation of Framework Adjustment 5 
to the FMP (69 FR 62818, October 28, 2004), each Monitoring Committee 
meets annually to recommend the Total Allowable Landings (TAL), unless 
the TAL has already been established for the upcoming calendar year as 
part of a multiple-year specification process, provided that new 
information does not require a modification to the multiple-year 
quotas. Further, the TALs may be specified in any given year for the 
following 1, 2, or 3 years. NMFS is not obligated to specify multi-year 
TALs, but is able to do so, depending on the information available and 
the status of the fisheries.
    The Council's Demersal Species Committee and the Commission's 
Summer Flounder, Scup, and Black Sea Bass Management Board (Board) 
consider the Monitoring Committees' recommendations and any public 
comment and make their own recommendations. While the Board action is 
final, the Council's recommendations must be reviewed by NMFS to assure 
that they comply with FMP objectives. The Council and Board made their 
recommendations, with the exception of Board recommendations for the 
summer flounder fishery, at a joint meeting held August 8-9, 2005. The 
Board delayed its action regarding a summer flounder TAL recommendation 
until its November 2, 2005 meeting. The Council and Board passed a 
recommendation to suspend the procedural rules regarding specifications 
setting so that the Council could communicate its recommendation to 
NMFS and submit the specifications document.

[[Page 69723]]

Explanation of RSA

    In 2001, regulations were implemented under Framework Adjustment 1 
to the FMP to allow up to 3 percent of the TAL for each species to be 
set aside each year for scientific research purposes. For the 2006 
fishing year, a Request for Proposals was published to solicit research 
proposals based upon the research priorities that were identified by 
the Council (70 FR 20104, April 18, 2005). The deadline for submission 
of proposals was May 18, 2005. Four applicants were notified in August 
2005 that their research proposals had received favorable preliminary 
review. For informational purposes, this proposed rule includes a 
statement indicating the amount of quota that has been preliminarily 
set aside for research purposes, as recommended by the Council and 
Board, and a brief description of the RSA projects. The RSA amounts may 
be adjusted in the final rule establishing the annual specifications 
for the summer flounder, scup, and black sea bass fisheries or, if the 
total amount of the quota set-aside is not awarded, NMFS will publish a 
document in the Federal Register to restore the unused RSA amount to 
the applicable TAL.
    For 2006, four RSA projects have been conditionally approved by 
NMFS and are currently awaiting a notice of award. The total RSA 
quotas, approved by the Council and Board, allocated for all four 
projects are: 355,762 lb (161 mt) of summer flounder; 184,690 lb (84 
mt) of scup; 178,956 lb (81 mt) of black sea bass; 281,089 lb (127 mt) 
of Loligo squid; and 363,677 lb (165 mt) of bluefish.
    The University of Rhode Island submitted a proposal to conduct a 
third year of work in a fishery-independent scup survey that would 
utilize unvented fish traps fished on hard bottom areas in southern New 
England waters to characterize the size composition of the scup 
population. Survey activities would be conducted from May 1 through 
November 8, 2006, at 12 rocky bottom study sites located offshore, 
where there is a minimal scup pot fishery and no active trawl fishery. 
Up to two vessels would conduct the survey. Sampling would occur off 
the coasts of Rhode Island and southern Massachusetts. Up to three 
vessels would participate in harvesting the RSA during the period 
January 1 through December 31, 2006. The RSA allocated for this project 
is 2,000 lb (907 kg) of summer flounder; 40,940 lb (19 mt) of scup; and 
29,000 lb (13 mt) of black sea bass.
    The National Fisheries Institute (NFI) and Rutgers University 
submitted a proposal to conduct a fourth year of work on a commercial 
vessel-based trawl survey program in the Mid-Atlantic region that would 
track the migratory behavior of selected recreationally and 
commercially important species. Information gathered during this 
project would supplement the NMFS finfish survey databases and improve 
methods to evaluate how seasonal migration of fish in the Mid-Atlantic 
influences stock abundance estimates. Up to two vessels would conduct 
survey work in the Mid-Atlantic during January, March, May, and 
November 2006, along up to eight offshore transects. The transects 
would include six fixed offshore transects, one each near Alvin, 
Hudson, Baltimore, Poor Man's, Washington, and Norfolk Canyons, and two 
to three adaptive transects positioned within the Mid-Atlantic area 
selected during a pre-cruise meeting with NFI, Rutgers University, and 
the Northeast Fisheries Science Center (Center). Up to 15, 1-nautical 
mile tows would be conducted along each transect at depths from 40 to 
250 fathoms (73 to 457 m). Up to 25 vessels would participate in 
harvesting the RSA during the period January 1 through December 31, 
2006. The RSA allocated for the project is 223,140 lb (101 mt) of 
summer flounder; 123,750 lb (56 mt) of scup; 61,500 lb (28 mt) of black 
sea bass; 281,089 lb (127.5 mt) of Loligo squid; and 363,677 lb (165 
mt) of bluefish.
    The Fisheries Conservation Trust submitted a proposal to evaluate 
size and possession limits in the summer flounder recreational fishery. 
The project involves modeling summer flounder recreational fishery data 
and conducting studies on angler behavior under different summer 
flounder possession limit scenarios. Field work would be conducted by 
up to four recreational fishing party vessels providing summer flounder 
fishing trips off of New York (southern Long Island) and/or New Jersey 
(Monmouth, Ocean, Atlantic, and Cape May Counties). Four different 
size/possession limit scenarios would be tested using three replicate 
sampling days per boat, equaling up to 48 full-day vessel trips. At the 
end of each trip, each angler would fill out a questionnaire providing 
the number of flounder caught and discarded, and individual preferences 
on various size limits. Additionally, approximately 25 commercial 
vessels would harvest the RSA amounts allocated to the project. The RSA 
allocated for the project is 130,622 lb (59 mt) of summer flounder; 
20,000 lb (9 mt) of scup; and 50,000 lb (23 mt) of black sea bass.
    The Virginia Institute of Marine Science submitted a proposal for 
the evaluation of size selectivity and relative efficiency of black sea 
bass habitat pots equipped with large-mesh panels. The project would 
estimate the selectivity of an experimental design of a coated-wire 
black sea bass habitat pot to reduce the capture of sublegal black sea 
bass. The experimental pot would be composed of large-mesh panels on 
the top, bottom, and posterior end of the pot (opposite the bridle). 
Three different sizes of large-mesh panel would be tested: 2-inch (5.1-
cm), 2.5-inch (6.4-cm), and 3-inch (7.6-cm). The project would utilize 
one licensed commercial black sea bass vessel to test the experimental 
trap design, and possibly a second vessel in the same size range to 
harvest some of the RSA. Approximately 12 experimental cruises would be 
conducted between May 1 and December 13, 2006. Sampling location would 
depend on black sea bass abundance between Ocean City, Maryland, and 
Currituck Light, NC. The specific location of trap sets would be at the 
captain's discretion. In general, sites would be approximately 20-50 
miles (32-80 km) offshore in 90-130 ft (27-40 m) of water. Overall, the 
study would utilize 110 black sea bass habitat pots. The RSA allocated 
for the project is 38,456 lb (17 mt) of black sea bass.
    Regulations under the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) require publication of this 
notification to provide interested parties the opportunity to comment 
on applications for proposed EFPs.

Explanation of Quota Adjustments Due to Quota Overages

    This rule proposes commercial quotas based on the proposed TALs and 
Total Allowable Catches (TACs) and the formulas for allocation 
contained in the FMP. In 2002, NMFS published final regulations to 
implement a regulatory amendment (67 FR 6877, February 14, 2002) that 
revised the way in which the commercial quotas for summer flounder, 
scup, and black sea bass are adjusted if landings in any fishing year 
exceed the quota allocated (thus resulting in a quota overage). If NMFS 
approves a different TAL or TAC at the final rule stage, the commercial 
quotas will be recalculated based on the formulas in the FMP. Likewise, 
if new information indicates that overages have occurred and deductions 
are necessary, NMFS will publish notice of the adjusted quotas in the 
Federal Register. NMFS anticipates that the information

[[Page 69724]]

necessary to determine whether overage deductions are necessary will be 
available by the time the final rule to implement these specifications 
is published. The commercial quotas contained in this proposed rule for 
summer flounder, scup, and black sea bass do not reflect any deductions 
for overages. The final rule, however, will contain quotas that have 
been adjusted consistent with the procedures described above and 
contained in the regulatory amendment.

Summer Flounder

    Summer flounder was assessed in June 2005 at the 41st Northeast 
Regional Stock Assessment Workshop. The Stock Assessment Review 
Committee (SARC) indicated that the summer flounder stock is not 
overfished, but that overfishing is occurring relative the biological 
reference points established in Amendment 12 to the FMP, i.e., a 
maximum fishing mortality threshold of Fmsy = 
Fmax (the level of fishing that produces maximum yield per 
recuit), and a minimum biomass threshold of \1/2\ Bmsy (one-
half of the biomass necessary to produce the maximum sustainable 
yield), with MSY = 48.5 million lb (22,000 mt). When F > 
Fmax, overfishing is considered to be occurring, and when B 
< \1/2\ Bmsy, the stock is considered overfished.
    The SARC panelists also accepted the recommendations of the 
Center's Southern Demersal Species Working Group to update the 
biological reference points as follows: Fmsy = 
Fmax = 0.276; MSY = 42 million lb (19,051 mt); and 
Bmsy = 204 million lb (92,532 mt). The total stock biomass 
estimate for January 2005 is 121 million lb (54,885 mt), about 19 
percent above the new minimum biomass threshold (\1/2\ Bmsy) 
of 102 million lb (46,266 mt). The F estimated for 2004 is 0.40, 
substantially above the new maximum fishing mortality threshold. It has 
been recognized since 1995 that the summer flounder stock assessment 
model tends to underestimate fishing mortality rates and overestimate 
stock biomass in the most recent years of the analysis (typically 5 
years) until those estimates stabilize as new data are added to the 
analysis. Retrospective analysis conducted this year showed that the Fs 
for 2002 and 2003 are approximately 50 percent greater than previously 
estimated. This pattern is likely the result of an underestimation of 
the true catch, due to discards and/or unreported landings. This 
persistent retrospective pattern suggests that, although the summer 
flounder stock continues to increase, it is increasing at a lower rate 
and is currently at a smaller size than previously forecast. Additional 
rebuilding of the stock is necessary because the Magnuson-Stevens Act 
requires that stocks be rebuilt to the level that produces MSY on a 
continuing basis.
    The information provided by the Summer Flounder Demersal Species 
Working Group and the SARC requires NMFS to reduce the 33 million lb 
(14,969 mt) TAL previously specified for 2006 to a level commensurate 
with the objectives of the FMP. In addition, a 2000 Federal Court Order 
requires that the TAL have at least a 50-percent probability of 
achieving the F target. Based on the latest stock assessment, a TAL of 
23.59 million lb (10,700 mt) has a 50-percent probability of achieving 
an F of 0.276 in 2006, if the TAL and assumed discard level in 2005 are 
not exceeded.
    The Council considered two very different TAL-setting strategies 
intended to continue to rebuild the summer flounder resource. Using the 
status quo constant-F strategy, the TALs associated with at least a 50-
percent probability of meeting the target F would be 23.59 million lb 
(10,700 mt), 27.5 million lb (12,474 mt), and 30.9 million lb (14,016 
mt) in 2006, 2007, and 2008, respectively. However, an assessment 
update in 2006 likely would provide new information that might 
necessitate modification to a multi-year quota, as it did in 2005, in 
order to meet the biomass target of 204 million lb (92,532 mt). The 
Council also considered a constant-harvest strategy, in which the same 
TAL would be maintained from 2006 through the end of the rebuilding 
period to achieve the target biomass. The Center's analysis determined 
this TAL to be 26 million lb (11,793 mt), but indicated that the TAL 
would result in only a 25-to 30-percent probability of meeting an F of 
0.276 in 2006, increasing to a 60-percent probability in 2007, and a 
90-percent probability in 2008. The Summer Flounder Monitoring 
Committee's recommendation was to set a summer flounder constant-
harvest TAL of 26 million lb for 2006, 2007, and 2008.
    At the August 2005 meeting, the Council and Board discussed the 
Monitoring Committee's recommendation at length, focusing on the likely 
explanations for the increased fishing mortality in recent years, the 
probability of achieving the F target over a 3-year time period (rather 
than annually) via a constant-harvest strategy, and the desire to 
mitigate a substantial reduction in TAL for 2006. In the end, the 
Council adopted a constant-harvest TAL of 26 million lb for 2006, 2007, 
and 2008. This TAL would represent a 14-percent decrease for 2006 from 
the 2005 TAL of 30.3 million lb (13,744 mt), and a 21-percent decrease 
from the previous specification of 33.0 million lb (14,969 mt) for 
2006.
    After careful review, NMFS has decided that the Council's summer 
flounder TAL recommendation (i.e., the Council's Preferred Alternative 
1) fails to meet the minimum standard necessary because the analysis 
indicates that, for 2006, the TAL would result in only a 25-to 30-
percent probability of meeting the F target of 0.276. As indicated 
above, the setting of an annual TAL with less than a 50-percent 
probability of achieving the F target, i.e., a 2006 TAL greater than 
23.59 million lb (10,700 mt), would be contrary to the objectives of 
the FMP and a Federal Court Order. The Council submission also analyzed 
the following two TAL alternatives: A TAL of 23.59 million lb (10,700 
mt) for 2006 (Alternative 2); and a status quo TAL of 30.3 million lb 
(13,744 mt) for 2006 (Alternative 3). Of these two alternatives, only 
Alternative 2 meets the objectives of the FMP and the legal constraints 
of the Federal Court Order. For these reasons, NMFS proposes to 
implement a TAL of 23.59 million lb (10,700 mt) for 2006. This TAL 
would represent a 22-percent decrease for 2006 from the 2005 TAL of 
30.3 million lb (13,744 mt), and a 28.5-percent decrease from the 
previous specification of 33 million lb (14,969 mt) for 2006. The 
initial TAL would be allocated 60 percent (14,154,000 lb (6,420 mt)) to 
the commercial sector and 40 percent (9,436,000 lb (4,280 mt)) to the 
recreational sector, as specified in the FMP. For 2006, the Council and 
Board agreed to set aside 355,762 lb (161 mt) of the summer flounder 
TAL for research activities. After deducting the RSA from the TAL 
proportionally for the commercial and recreational sectors, i.e., 60 
percent and 40 percent, respectively, the commercial quota would be 
13,940,543 lb (6,303 mt) and the recreational harvest limit would be 
9,293,695 lb (4,216 mt). The commercial quota then would be allocated 
to the coastal states based upon percentage shares specified in the 
FMP.
    In addition, the Commission is expected to maintain the voluntary 
measures currently in place to reduce regulatory discards that occur as 
a result of landing limits established by the states. The Commission 
established a system whereby 15 percent of each state's quota would be 
voluntarily set aside each year to enable vessels to land an incidental 
catch allowance after the directed fishery has been closed. The intent 
of the incidental catch set-aside is to reduce discards by allowing

[[Page 69725]]

fishermen to land summer flounder caught incidentally in other 
fisheries during the year, while also ensuring that the state's overall 
quota is not exceeded. These Commission set-asides are not included in 
any tables in this document because NMFS does not have authority to 
establish such subcategories.
    Table 1 presents the proposed allocations by state, with and 
without the commercial portion of the RSA deduction. These state quota 
allocations are preliminary and are subject to a reduction if there are 
overages of a state's quota for the previous fishing year (using the 
landings information and procedures described earlier). Any commercial 
quota adjustments to account for overages will be included in the final 
rule implementing these specifications that is published in the Federal 
Register.

                     Table 1.--2006 Proposed Initial Summer Flounder State Commercial Quotas
----------------------------------------------------------------------------------------------------------------
                                                         Commercial quota            Commercial quota less RSA
              State                Percent share ---------------------------------------------------------------
                                                        lb             kg\1\            lb             kg\1\
----------------------------------------------------------------------------------------------------------------
ME..............................         0.04756           6,732           3,053           6,630           3,007
NH..............................         0.00046              65              30              64              29
MA..............................         6.82046         965,368         437,891         950,809         431,287
RI..............................        15.68298       2,219,769       1,006,887       2,186,293         991,702
CT..............................         2.25708         319,467         144,910         314,649         142,725
NY..............................         7.64699       1,082,355         490,956       1,066,032         483,552
NJ..............................        16.72499       2,367,255       1,073,787       2,331,554       1,057,593
DE..............................         0.01779           2,518           1,142           2,480           1,125
MD..............................         2.03910         288,614         130,915         284,262         128,941
VA..............................        21.31676       3,017,174       1,368,590       2,971,672       1,347,950
NC..............................        27.44584       3,884,684       1,762,093       3,826,099       1,735,519
                                 -----------------
    Total.......................       100.00001      14,154,000       6,420,254      13,940,543      6,323,430
----------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds and do not sum to the converted total due to rounding.

Scup

    Scup was last formally assessed in June 2002 at the 35th Northeast 
Regional Stock Assessment Workshop (SAW). At that time, the Stock 
Assessment Review Committee (SARC 35) indicated that the species was no 
longer overfished, but that stock status with respect to overfishing 
currently could not be evaluated. However, more recent information 
indicates that the scup spawning stock biomass (SSB) has decreased. The 
2004 biomass index, i.e., the Center's spring survey 3-year average 
(2003 through 2005), for scup SSB was 0.69 kg/tow, about 75 percent 
below the biomass threshold of 2.77 kg/tow. Therefore, the stock is now 
considered overfished.
    The proposed scup specifications for 2006 are based on an 
exploitation rate (21 percent) in the rebuilding schedule that was 
approved when scup was added to the FMP in 1996, prior to passage of 
the Sustainable Fisheries Act (SFA). Subsequently, to comply with the 
SFA amendments to the Magnuson-Stevens Act, the Council prepared 
Amendment 12 to the FMP, which proposed to maintain the existing 
rebuilding schedule for scup established by Amendment 8 to the FMP. On 
April 28, 1999, NMFS disapproved the proposed rebuilding plan for scup 
because the rebuilding schedule did not appear to be sufficiently risk-
averse. Later, however, NMFS advised the Council that use of the 
exploitation rate as a proxy for F would be acceptable and risk-averse. 
Therefore, the proposed scup specifications for 2006 are based on an 
exploitation rate of 21 percent. NMFS considers the risks associated 
with the disapproved rebuilding plan as not applicable to the proposed 
specifications because they apply only for 1 fishing year and will be 
reviewed, and modified as appropriate, by the Council and NMFS 
annually. Furthermore, setting the scup specifications using an 
exploitation rate of 21 percent is a more risk-averse approach to 
managing the resource than not setting any specifications until the 
Council submits, and NMFS approves, a revised rebuilding plan that 
complies with all Magnuson-Stevens Act requirements. The Council plans 
to address this deficiency through an Amendment to the FMP to be 
prepared in 2006.
    Given the uncertainty associated with the spring survey, the 
Council and Board agreed with the Scup Monitoring Committee 
recommendation to set a TAC and TAL for 1 year only. A recommendation 
on the TAC for 2006 is complicated by the lack of information on 
discards and mortality estimates for fully recruited fish. The Scup 
Monitoring Committee agreed that, based on an assumption that the 
spring survey value in 2006 would be the same as for 2004, a TAL of 
16.27 million lb (7,380 mt) would achieve the target exploitation rate 
for 2006. Estimated discards (3.52 million lb (1,597 mt)) were added to 
the TAL to derive a TAC of 19.79 million lb (8,977 mt). The Council and 
Board adopted the Monitoring Committee's TAC and TAL recommendations. 
NMFS is proposing to implement this TAC and TAL because it is 
considered likely to achieve the 21-percent exploitation rate required 
by the FMP.
    The FMP specifies that the TAC associated with a given exploitation 
rate be allocated 78 percent to the commercial sector and 22 percent to 
the recreational sector. Scup discard estimates are deducted from both 
sectors' TACs to establish TALs for each sector, i.e., TAC minus 
discards equals TAL. The commercial TAC, discards, and TAL (commercial 
quota) are then allocated on a percentage basis to three quota periods, 
as specified in the FMP: Winter I (January-April)--45.11 percent; 
Summer (May-October)--38.95 percent; and Winter II (November-
December)--15.94 percent. The commercial TAC would be 15,436,200 lb 
(7,002 mt) and the recreational TAC would be 4,353,800 lb (1,975 mt). 
After deducting estimated discards (3.36 million lb (1,524 mt) for the 
commercial sector and 160,000 lb (73 mt) for the recreational sector), 
the initial commercial quota would be 12,076,200 lb (5,478 mt) and the 
recreational harvest limit would be 4,193,800 million lb (1,902 mt). 
The Council and Board also agreed to set aside 184,690 lb (84 mt) of 
the scup TAL for research activities. Deducting this RSA would result 
in a commercial quota of

[[Page 69726]]

11,932,142 lb (5,412 mt) and a recreational harvest limit of 4,153,168 
lb (1,884 mt).
    The Council and the Board recommended an increase in the base 
commercial scup possession limit during the Winter II period (November-
December) from 1,500 lb (680 kg) to 2,000 lb (907 kg). NMFS is 
proposing to implement this recommendation because it would increase 
opportunities to reach the Scup Winter II quota while reducing scup 
discards. NMFS also is proposing the Council and Board's recommendation 
to maintain the current initial possession limit of 30,000 lb (13.6 mt) 
for Winter I. The Winter I possession limit would be reduced to 1,000 
lb (454 kg) when 80 percent of the quota is projected to be reached.
    Table 2 presents the 2006 commercial allocation recommended by the 
Council, with and without the 184,690-lb (84-mt) RSA deduction. These 
2006 allocations are preliminary and may be subject to downward 
adjustment in the final rule implementing these specifications due to 
2005 overages, based on the procedures for calculating overages 
described earlier.

                                    Table 2.--2005 Proposed Initial TAC, Commercial Scup Quota, and Possession Limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Commercial      Commercial      Possession
                         Period                               Percent        TAC in lb    Discards in lb    quota in lb   quota less RSA   limits in lb
                                                                               (mt)             (mt)           (mt)         in lb  (mt)        (kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I................................................           45.11       6,963,270       1,515,696       5,447,574       5,382,589      \1\30,0001
                                                                                 (3,159)           (688)         (2,471)         (2,442)        (13,608)
Summer..................................................           38.95       6,012,400       1,308,720       4,703,680       4,647,569           (\3\)
                                                                                 (2,727)           (594)         (2,134)         (2,108)
Winter II...............................................           15.94       2,460,530         535,584       1,924,946       1,901,983           2,000
                                                                                 (1,116)           (243)           (873)           (863)           (907)
                                                         -----------------
    Total \2\...........................................          100.00      15,436,200       3,360,000      12,076,200      11,932,142  ..............
                                                                                 (7,002)         (1,524)         (5,478)         (5,412)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Winter I landing limit would drop to 1,000 lb (454 kg) upon attainment of 80 percent of the seasonal allocation.
\2\ Totals subject to rounding error.
\3\ n/a--Not applicable.

    The final rule to implement Framework 3 to the FMP (68 FR 62250, 
November 3, 2003) implemented 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 rolled over to the quota for the Winter 
II period. In any year that NMFS determines that the landings of scup 
during Winter I are less than the Winter I quota for that year, NMFS 
will, through notification in the Federal Register, increase the Winter 
II quota for that year by the amount of the Winter I underharvest, and 
adjust the Winter II possession limits consistent with the amount of 
the quota increase. In 2004 and 2005, NMFS transferred substantial 
amounts of unused Winter I quota to the Winter II period. The Council 
and the Board recommended an increase in the Winter II possession 
limit-to-rollover amount ratios, i.e., an increase from 500 lb (227 kg) 
to 1,500 lb (680 kg) per 500,000 lb (227 mt) of unused Winter I period 
quota transferred to the Winter II period. NMFS is proposing to 
implement this recommendation, as presented in Table 3, because it 
would increase the likelihood of achieving the Scup Winter II quota.

          Table 3.--Potential Increase in Winter II Possession Limits Based on the Amount of Scup Rolled Over From Winter I to Winter II Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
       Initial Winter II possession limit          Rollover from Winter I to Winter II     Increase in initial Winter II    Final Winter II possession
-----------------------------------------------------------------------------------------        possession limit            limit after rollover from
                                                                                         --------------------------------      Winter I to Winter II
               lb                      kg                   lb                  mt                                       -------------------------------
                                                                                                lb              kg              lb              kg
--------------------------------------------------------------------------------------------------------------------------------------------------------
2,000..........................             907                0-499,999           0-227               0               0           2,000             907
2,000..........................             907          500,000-999,999         227-454           1,500             680           3,500           1,588
2,000..........................             907      1,000,000-1,499,999         454-680           3,000           1,361           5,000           2,268
2,000..........................             907      1,500,000-1,999,999         680-907           4,500           2,041           6,500           2,948
2,000..........................             907      2,000,000-2,500,000       907-1,134           6,000           2,722           8,000           3,629
--------------------------------------------------------------------------------------------------------------------------------------------------------

Black Sea Bass

    Black sea bass was last assessed in June 2004 at the 39th Northeast 
Regional SAW. The Stock Assessment Review Committee (SARC 39) indicated 
that black sea bass were no longer overfished and overfishing was not 
occurring. The biomass threshold, defined as the maximum value of a 3-
year moving average of the Center's spring survey catch-per-tow, is 0.9 
kg/tow (the 1977-1979 average). The 2004 biomass index (the 3-year 
average for 2003-2005) is 1.3 kg/tow, about 44 percent above the 
threshold. Based on this value, the stock is not overfished.
    The target exploitation rate for 2006 is 25 percent, which is based 
on the current estimate of Fmax (0.32). The 2006 TAL 
recommendation is contingent upon assumptions regarding the black sea 
bass stock size in 2006 and past exploitation rates (specifically, 21 
percent in 2003). If the Center's 2006 spring survey biomass index 
approximates the average value for 2003-2005 (0.396 kg/tow), then the 
TAL associated with a 25-percent exploitation rate would be 6.36 
million lb (2,885 mt). Alternatively, if the 2006 spring survey 
approximates the average value for 2002-2004 (0.538 kg/tow), then the 
TAL associated with a 25-percent exploitation rate would be 8.63

[[Page 69727]]

million lb (3,915 mt). Given the uncertainty in the spring survey 
estimates for the 2003-2005 period, the Black Sea Bass Monitoring 
Committee recommended a 1-year TAL set at the midpoint between these 
two TALs, i.e., 7.5 million lb (3,402 mt). The Council and Board 
rejected the Monitoring Committee recommendation, and instead 
recommended an 8-million-lb (3,629-mt) TAL for 2006. This TAL lies 
within the range the Monitoring Committee considered, would be a 2.4-
percent decrease from 2005, and equals the TAL established for 2004. 
NMFS is proposing to implement the Council's and Board's TAL 
recommendation because it is considered likely to achieve the 25-
percent exploitation rate that is required by the FMP.
    The FMP specifies that the TAL associated with a given exploitation 
rate be allocated 49 percent to the commercial sector and 51 percent to 
the recreational sector; therefore, the initial TAL would be allocated 
3.92 million lb (1,778 mt) to the commercial sector and 4.08 million lb 
(1,851 mt) to the recreational sector. The Council and Board also 
agreed to set aside 178,956 lb (81 mt) of the black sea bass TAL for 
research activities. After deducting the RSA, the TAL would be divided 
into a commercial quota commercial quota of 3,832,312 lb (1,738 mt) and 
a recreational harvest limit of 3,988,732 lb (1,809 mt).

Other Black Sea Bass Management Measures

    Under the current regulations at Sec.  648.144(b)(2), all black sea 
bass traps or pots must have an escape vent placed in the lower corner 
of the parlor portion of the pot or trap that complies with one of the 
following minimum sizes: 1.375 inches (3.49 cm) by 5.75 inches (14.61 
cm); a circular vent 2.375 inches (6.03 cm) in diameter; or a square 
vent with sides of 2 inches (5.08 cm), inside measure. Black sea bass 
traps constructed of wooden lathes may have instead an escape vent 
constructed by leaving a space of at least 1.375 inches (3.49 cm) 
between one set of lathes in the parlor portion of the trap. These 
requirements have been in effect since February 2002 (66 FR 66348, 
December 26, 2001). In July 2005, the Commission held an industry 
workshop to discuss the results of recent scup and black sea bass vent 
studies and to develop recommendations on pot and trap configurations. 
Pursuant to Sec.  648.140(b)(6), the Black Sea Bass Monitoring 
Committee recommended that two vents be required in the parlor portion 
of the pot or trap and that the minimum circle vent size be increased 
to 2.5 inches (6.35 cm) in diameter, as recommended at the industry 
workshop. NMFS is proposing to implement the Council's and Board's vent 
number and size recommendations because they would allow for greater 
escapement of sublegal fish and other non-target species black sea bass 
pots and traps. To allow fishery participants time to comply with the 
proposed changes to the black sea bass pot and trap gear restrictions, 
the effective date of this change in regulations would be delayed until 
January 1, 2007.
    In addition, the Council and the Board encouraged individual 
states, though the Commission, to clarify that the black sea bass total 
length measurement does not include the caudal fin tendril. In order to 
prevent confusion among fishery participants, fish samplers, and 
enforcement personnel, and to provide consistency with the South 
Atlantic fisheries regulations, which are explicit on this issue, NMFS 
is proposing to amend the total length definition to explicitly exclude 
any caudal filament in the measurement of black sea bass.

Classification

    NMFS has determined that the proposed rule is consistent with the 
Summer Flounder, Scup, and Black Sea Bass FMP, and has preliminarily 
determined that the rule is consistent with the Magnuson-Stevens Act 
and other applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared 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 can be 
obtained from the Council (see ADDRESSES). A summary of the economic 
analysis follows.
    The economic analysis assessed the impacts of the various 
management alternatives. The no action alternative is defined as 
follows: (1) No proposed specifications for the 2006 summer flounder, 
scup, and black sea bass fisheries would be published; (2) the 
indefinite management measures (minimum mesh sizes, minimum sizes, 
possession limits, permit and reporting requirements, etc.) would 
remain unchanged; (3) there would be no quota set-aside allocated to 
research in 2006; (4) the existing black sea bass pot and trap gear 
restrictions would remain in place; and (5) there would be no specific 
cap on the allowable annual landings in these fisheries (i.e., there 
would be no quotas). Implementation of the no action alternative would 
be inconsistent with the goals and objectives of the FMP, its 
implementing regulations, and the Magnuson-Stevens Act. In addition, 
the no action alternative would substantially complicate the approved 
management program for these fisheries, and would very likely result in 
overfishing of the resources. Therefore, the no action alternative is 
not considered to be a reasonable alternative to the preferred action.
    Alternative 1 consists of the harvest limits proposed by the 
Council for summer flounder, and the Council and Board for scup and 
black sea bass. Alternative 2 consists of the most restrictive quotas 
(i.e., lowest landings) considered by the Council and the Board for all 
of the species. Alternative 3 consists of the status quo quotas, which 
were the least restrictive quotas (i.e., highest landings) considered 
by the Council and Board for all three species. Although Alternative 3 
would result in higher landings for 2006, it would also likely exceed 
the biological targets specified in the FMP. For clarity, note that 
this proposed rule would implement quotas contained in Alternative 1 
for scup and black sea bass (the Council and Board's preferred 
alternatives for these fisheries) and in Alternative 2 for summer 
flounder.
    Table 4 presents the 2006 initial TALs, RSA, commercial quotas 
adjusted for RSA, and preliminary recreational harvests for the 
fisheries under these three quota alternatives.

[[Page 69728]]



              Table 4.--Comparison, in lb (mt), of the Alternatives of Quota Combinations Reviewed
----------------------------------------------------------------------------------------------------------------
                                                                                                 Preliminary
                                    Initial TAL             RSA       Preliminary adjusted      recreational
                                                                        commercial quota *        harvest;
----------------------------------------------------------------------------------------------------------------
                                         Quota Alternative 1 (Preferred)
----------------------------------------------------------------------------------------------------------------
Summer Flounder..............  26.0 million.........         355,762  15.39 million.......  10.26 million.
                               (11,793).............           (161)  (6,979).............  (4,653)
Scup.........................  16.27 million........         184,690  11.93 million.......  4.15 million.
                               (7,380)..............            (84)  (5,412).............  (1,884)
Black Sea Bass...............  8.0 million..........         178,956  3.83 million........  3.99 million.
                               (3,629)..............            (81)  (1,738).............  (1,809)
------------------------------
                                     Quota Alternative 2 (Most Restrictive)
----------------------------------------------------------------------------------------------------------------
Summer Founder...............  23.59 million........         355,762  13.94 million.......  9.29 million.
                               (10,700).............           (161)  (6,326).............  (4,217)
Scup.........................  10.77 million........         184,690  7.65 million........  2.94 million.
                               (4,885)..............            (84)  (3,468).............  (1,333)
Black Sea Bass...............  7.5 million..........         178,956  3.59 million........  3.73 million.
                               (3,402)..............            (81)  (1,627).............  (1,694)
------------------------------
                               Quota Alternative 3 (Status Quo-Least Restrictive)
----------------------------------------------------------------------------------------------------------------
Summer Flounder..............  30.3 million.........         355,762  17.97 million.......  11.98 million.
                               (13,744).............           (161)  (8,149).............  (5,433)
Scup.........................  16.6 million.........         184,690  12.12 million.......  4.2 million.
                               (7,484)..............            (84)  (5,496).............  (1,905)
Black Sea Bass...............  8.2 million..........         178,956  3.93 million........  4.09 million.
                               (3,719)..............            (81)  (1,782).............  (1,856)
----------------------------------------------------------------------------------------------------------------
* Note that preliminary quotas are provisional and may change to account for overages of the 2005 quotas.

    Table 5 presents the percent change associated with each of these 
commercial quota alternatives (adjusted for RSA) compared to the final 
adjusted quotas for 2005.

Table 5.--Percent Change Associated With 2006 Adjusted Commercial Quota Alternatives Compared to 2005 Commerical
                                                 Adjusted Quotas
----------------------------------------------------------------------------------------------------------------
                                                                  Total changes including overages and RSA
                                                           -----------------------------------------------------
                                                                                    Quota             Quota
                                                                  Quota         Alternative 2    Alternative 3 *
                                                              Alternative 1         (most            (least
                                                               (preferred)      restrictive)      restrictive)
----------------------------------------------------------------------------------------------------------------
                                                 Black Sea Bass
----------------------------------------------------------------------------------------------------------------
Aggregate Change..........................................              -14%              -22%    + less than 1%
-----------------------------------------------------------
                                                      Scup
----------------------------------------------------------------------------------------------------------------
Aggregate Change..........................................               -2%              -37%    - less than 1%
-----------------------------------------------------------
                                                 Summer Flounder
----------------------------------------------------------------------------------------------------------------
Aggregate Change..........................................               -3%               -9%              -1%
----------------------------------------------------------------------------------------------------------------
* Denotes status quo management measures.

    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. The 
categories of small entities likely to be affected by this action 
include commercial and charter/party vessel owners holding an active 
Federal permit for summer flounder, scup, or black sea bass, as well as 
owners of vessels that fish for any of these species in state waters. 
The Council estimates that the proposed 2006 quotas could affect 2,162 
vessels that held a Federal summer flounder, scup, and/or black sea 
bass permit in 2004. However, the more immediate impact of this rule 
will likely be felt by the 906 vessels that actively participated 
(i.e., landed these species) in these fisheries in 2004.
    The Council estimated the total revenues derived from all species 
landed by each vessel during calendar year 2004 to determine a vessel's 
dependence and revenue derived from a particular species. This estimate 
provided the base from which to compare the effects of the proposed 
quota changes from 2005 to 2006.
    The analysis of the harvest limits in Alternative 1 indicated that 
these

[[Page 69729]]

harvest levels would result in revenue losses of less than 5 percent 
for 208 vessels and greater than 5 percent for 698 vessels. More 
specifically, vessels are projected to incur revenue reductions as 
follows: 5-9 percent, 108 vessels; 10-19 percent, 573 vessels; 20-29 
percent, 13 vessels; 30-39 percent, 0 vessels; 40-49 percent, 3 
vessels; and greater or equal to 50 percent, 2 vessels. Most commercial 
vessels showing revenue reduction of greater than 5 percent are 
concentrated in MA, RI, NY, NJ, and NC. The Council also examined the 
level of ex-vessel revenues for the impacted vessel to assess further 
impacts. While the analysis presented above indicates that in relative 
terms a large number of vessels (698) are likely to be impacted with 
revenue reductions of more than 5 percent, dealer data show that a 
large proportion of those vessels (207, or 30 percent) had small gross 
sales (less than $1,000), thus indicating that the dependence on 
fishing is likely very small.
    The Council also analyzed changes in total gross revenue that would 
occur as a result of the quota alternatives. Assuming 2004 ex-vessel 
prices (summer flounder--$1.59/lb; scup--$0.60/lb; and black sea bass--
$1.54/lb), the 2006 quotas in the proposed rule would decrease total 
summer flounder, scup, and black sea bass revenues by approximately 
$3.98 million, $170,000, and $220,000 respectively, relative to 
expected 2005 revenues.
    Assuming that the decrease in total ex-vessel gross revenue 
associated with the proposed rule for each fishery is distributed 
equally among the vessels that landed those species in 2004, the 
average decrease in gross revenue per vessel associated with the 
preferred quota would be $5,203 for summer flounder, $394 for scup, and 
$387 for black sea bass. The number of vessels landing summer flounder, 
scup, and black sea bass in 2004 was 765, 432, and 569, respectively.
    The overall reduction in ex-vessel gross revenue associated with 
the three species combined in 2006 compared to 2005 is approximately 
$4.37 million (assuming 2004 ex-vessel prices) under the proposed rule. 
If this amount is distributed equally among the 906 vessels that landed 
summer flounder, scup, and/or black sea bass in 2004, the average 
decrease in revenue would be approximately $4,823 per vessel. It is 
possible that, given the potential decrease in landings of summer 
flounder, scup, and black sea bass, prices for these species may 
increase, if all other factors remain constant. If this occurs, an 
increase in the price for summer flounder, scup, and black sea bass may 
mitigate some of the revenue reductions associated with lower 
quantities of quota available under this proposed rule.
    Complete revenue analysis for 2007 and 2008 cannot be completed at 
this time because the Council is recommending the 2007 and 2008 TALs 
for summer flounder only. Assuming that the condition of the scup and 
black sea bass fisheries do not significantly change in 2007 and 2008 
as compared to 2006, then the impacts of the summer flounder quotas in 
2007 and 2008 will be similar to those described above. If ex-vessel 
prices for these species change as a consequence of changes in 
landings, then the associated revenue changes could be different than 
those estimated above. Complete revenue analysis for the 2007 and 2008 
fishing years will be conducted as part of the proposed rules for the 
2007 and 2008 summer flounder, scup, and black sea bass specifications, 
respectively, once the Council recommends TALs for scup and black sea 
bass.
    The analysis of the harvest limits of Alternative 2 (i.e., the most 
restrictive harvest limits) indicated that all 906 vessels would incur 
revenue losses equal to or greater than 5 percent. More specifically, 
vessels are projected to incur revenue reductions as follows: 5-9 
percent, 114 vessels; 10-19 percent, 142 vessels; 20-29 percent, 597 
vessels; 30-39 percent, 48 vessels; 40-49 percent, 3 vessels; and 
greater or equal to 50 percent, 2 vessels. As in the analysis for 
Alternative 1, it is likely that a large proportion of the impacted 
vessels are likely to have small gross sales (less than $1,000), thus 
indicating that the dependence on fishing is likely very small.
    Assuming 2004 ex-vessel prices (see above), the 2006 quotas in 
Alternative 2 would decrease total summer flounder, scup, and black sea 
bass revenues by approximately $6.28 million, $2.75 million, and 
$310,000 respectively, relative to expected 2005 revenues. Assuming 
that the decrease in total ex-vessel gross revenue associated with 
Alternative 2 is distributed equally among the vessels that landed 
those species in 2004, the average decrease in gross revenue per vessel 
associated with Alternative 2 would be $8,209 for summer flounder, 
$6,366 for scup, and $545 for black sea bass.
    The overall reduction in gross revenue associated with the three 
species combined in 2006 compared to 2005 is approximately $9.34 
million (assuming 2004 ex-vessel prices) under Alternative 2. If this 
amount is distributed evenly among the 906 vessels that landed summer 
flounder, scup, and/or black sea bass in 2004, the average decrease in 
revenue would be approximately $10,309 per vessel.
    The analysis of the harvest limits in Alternative 3 (i.e., the 
least restrictive harvest limits) indicated that these harvest levels 
would result in revenue increases for 372 vessels, losses of less than 
5 percent for 504 vessels and losses of greater than 5 percent for 30 
vessels. As in the analysis for Alternative 1, it is likely that a 
large proportion of the impacted vessels are likely to have small gross 
sales (less than $1,000), thus indicating that the dependence on 
fishing is likely very small.
    Assuming 2004 ex-vessel prices (see above), the 2006 quotas in 
Alternative 3 would increase total summer flounder revenues by 
$110,000, and decrease total scup and black sea bass revenues by 
$70,000 and $60,000, respectively, relative to expected 2005 revenues. 
Assuming that the change in total ex-vessel gross revenue associated 
with Alternative 3 is distributed equally among the vessels that landed 
those species in 2004, the average change in gross revenue per vessel 
associated with Alternative 3 would be a $144 increase for summer 
flounder, a $162 decrease for scup, and a $105 decrease for black sea 
bass.
    The overall reduction in gross revenue associated with the three 
species combined in 2006 compared to 2005 is approximately $20,000 
(assuming 2004 ex-vessel prices) under Alternative 3. If this amount is 
distributed evenly among the 906 vessels that landed summer flounder, 
scup, and/or black sea bass in 2004, the average decrease in revenue 
would be approximately $22 per vessel.
    For the analysis of the alternative recreational harvest limits, 
the 2006 recreational harvest limits were compared with previous years 
through 2004, the most recent year with complete recreational data. 
Landings statistics from the last several years show that recreational 
summer flounder landings have generally exceeded the recreational 
harvest limits, ranging from a 5-percent overage in 1993 to a 122-
percent overage in 2000. In 2002, recreational landings were 8.01 
million lb (3,633 mt), 18 percent below the recreational harvest limit 
of 9.72 million lb (4,409 mt). In 2003, recreational landings were 
11.64 million lb (5,280 mt), 25 percent above the recreational harvest 
limit of 9.28 million lb (4,209 mt). In 2004, recreational landings 
were 10.76 million lb (4,881 mt), 10 percent below the recreational 
harvest limit of 11.98 million lb (5,434 mt).
    The Alternative 1 summer flounder 2006 recreational harvest limits

[[Page 69730]]

(adjusted for RSA) of 10.26 million lb (4,654 mt), would be a 14-
percent decrease from the 2005 recreational harvest limit of 11.98 
million lb (5,434 mt), and would represent a 4-percent decrease from 
2004 landings. The 2006 summer flounder Alternative 2 recreational 
harvest limit of 9.29 million lb (4,217 mt), would be 22 percent lower 
than the 2005 recreational harvest limit, and would represent a 14-
percent decrease from 2004 recreational landings. The 2006 summer 
flounder Alternative 3 (status quo) recreational harvest limit of 11.98 
million lb (5,433 mt) would be a less than 1-percent decrease from the 
2005 recreational harvest limit (due to the increase in summer flounder 
RSA for 2005) and would represent an 11-percent increase from 2004 
recreational landings.
    If Alternative 1 or 2 is implemented, it is possible that more 
restrictive management measures (lower possession limits, larger 
minimum size limits, and/or shorter open seasons) may be required to 
prevent anglers from exceeding the 2006 recreational harvest limit, 
depending on the effectiveness of the 2005 recreational management 
measures. While it is likely that proposed management measures would 
restrict the recreational fishery for 2006, and that these measures may 
cause some decrease in recreational satisfaction, there is no 
indication that any of these measures may lead to a decline in the 
demand for party/charter boat trips. The market demand for this sector 
is relatively stable. Currently, neither behavioral nor demand data are 
available to estimate how sensitive party/charter boat anglers might be 
to proposed fishing regulations. It is likely that party/charter 
anglers will target other species when faced with potential reductions 
in the amount of summer flounder, scup, and black sea bass that they 
are allowed to catch. The Council intends to recommend specific 
measures to attain the 2006 summer flounder recreational harvest limit 
in December 2005, and will provide additional analysis of the measures 
upon submission of its recommendations in early 2006.
    Scup recreational landings declined over 89 percent for the period 
1991 to 1998, then increased by 517 percent from 1998 to 2000. In 2002, 
recreational landings were 3.62 million lb (1,642 mt), or 33 percent 
above the recreational harvest limit of 2.71 million lb (1,229 mt). In 
2003, recreational landings were 9.33 million lb (4,232 mt), or 132 
percent above the recreational harvest limit of 4.01 million lb (1,819 
mt). In 2004, recreational landings were 4.01 million lb (1,819 mt), or 
1 percent above the recreational harvest limit of 3.96 million lb 
(1,796 mt). Under the proposed rule, the adjusted scup recreational 
harvest limit for 2006 would be 4.15 million lb (1,884 mt), 5 percent 
above the 2005 recreational harvest limit, and would represent a 5-
percent decrease from 2004 recreational landings. The Alternative 2 
scup recreational harvest limit of 2.94 million lb (1,333 mt) for 2006 
would be 26 percent less than the 2005 recreational harvest limit, and 
33 percent less than 2004 recreational landings. The Alternative 3 scup 
recreational harvest limit of 4.2 million lb (1,905 mt) for 2006 would 
be an increase of 6 percent from the 2005 recreational harvest limit 
and would represent a 4-percent decrease from 2004 recreational 
landings. Under Alternative 2, more restrictive management measures 
might be required to prevent anglers from exceeding the 2006 
recreational harvest limit, depending largely upon the effectiveness of 
the 2005 recreational management measures. As described above for the 
summer flounder fishery, the effect of greater restrictions on scup 
party/charter boats is unknown at this time. Overall, positive social 
and economic impacts are expected to occur as a result of the scup 
recreational harvest limit for 2006 because current opportunities for 
recreational fishing would be maintained. The Council intends to 
recommend specific measures to attain the 2006 scup recreational 
harvest limit in December 2005, and will provide additional analysis of 
the measures upon submission of its recommendations early in 2006.
    Black sea bass recreational landings increased slightly from 1991 
to 1995. Landings decreased considerably from 1996 to 1999, and then 
substantially increased in 2000. In 2002, 2003, and 2004, recreational 
landings were 4.35 million lb (1,973 mt), 3.29 million lb (1,492 mt), 
and 1.94 million lb (880 mt), respectively. For the recreational 
fishery, the adjusted 2006 harvest limit under Alternative 1 would be 
3.99 million lb (1,809 mt), a 3-percent decrease from the 2005 
recreational harvest limit and a 106-percent increase from 2004 
recreational landings. Under Alternative 2, the 2006 recreational 
harvest limit would be 3.73 million lb (1,694 mt), a 10-percent 
decrease from the 2005 recreational harvest limit and a 92-percent 
increase from 2004 recreational landings. The 2006 recreational harvest 
limit under Alternative 3 would be 4.09 million lb (1,856 mt), a less 
than 1-percent increase from the 2005 recreational harvest limit and a 
111-percent increase from 2004 recreational landings. Under 
Alternatives 1 and 2, although the recreational harvest limit would be 
reduced relative to the 2005 level, it is not expected that more 
restrictive management measures would be necessary to constrain 
landings if 2005 landings are similar to those in 2003 or 2004. Because 
Alternative 3 is the status quo, reduced from the 2005 level only due 
to the larger RSA for 2006, it is not anticipated that more restrictive 
measures would be required in 2006 to constrain the fishery. The 
Council intends to recommend specific measures to attain the 2006 black 
sea bass recreational harvest limit in December 2005, and will provide 
additional analysis of the measures upon submission of its 
recommendations early in 2006.
    In summary, the proposed 2006 commercial quotas and recreational 
harvest limits, after accounting for the proposed RSA amounts, would 
result in substantially lower quantities of summer flounder in 2006 
versus 2005. Anticipated changes in scup and black sea bass landings 
are not significant. The proposed specifications were chosen because 
they allow for the maximum level of landings, while still achieving the 
fishing mortality and exploitation targets specified in the FMP. While 
the commercial quotas and recreational harvest limits specified in 
Alternative 3 would provide for even larger increases in landings and 
revenues, they would not achieve the fishing mortality and exploitation 
targets specified in the FMP.
    The proposed commercial scup possession limits for Winter I (30,000 
lb (13.6 mt) per trip, to be reduced to 1,000 lb (454 kg) upon 
attainment of 80 percent of the Winter I quota) and Winter II (2,000 lb 
(907 kg) per trip) and the amount of increase to the Winter II 
possession limit-to-rollover amount ratio were chosen as an appropriate 
balance between the economic concerns of the industry (i.e., landing 
enough scup to make the trip economically viable) and the need to 
ensure the equitable distribution of the quota over each period. The 
proposed Winter I possession limit specifically coordinates with the 
30,000-lb (13.6-mt) landing limits per 2-week period recommended by the 
Commission (beginning in 2005) to be implemented by most states, while 
satisfying concerns about enforcement of possession limits. 
Continuation of the Winter I possession limit is not expected to result 
in changes to the economic or social aspects of the fishery relative to 
2005. In 2004 and 2005, NMFS transferred substantial amounts

[[Page 69731]]

of unused Winter I quota to the Winter II period. The increase in the 
Winter II possession limit and in the possession limit-to-rollover 
amount ratio is intended to help convert scup discards to landings, 
thereby improving the efficiency of the commercial scup fishery, and 
increasing the likelihood of achieving the Scup Winter II quota.
    Requiring a second vent in the parlor portion of black sea bass 
traps and increasing the circular vent size from 2.375 inches (6.0 cm) 
to 2.5 inches (6.4 cm), as recommended at a 2005 black sea bass 
commercial industry workshop, would have positive economic and social 
impacts in the long-term. Reducing the mortality of sublegal fish would 
improve the efficiency of the commercial black sea bass fishery (via 
increasing yields and amount of mature fish in the stock). The cost to 
the industry to implement the changes varies depending on type of pot/
trap (i.e., wooden or wire). The cost of adding or replacing a circular 
vent would range between $3.08 and $3.24 per pot/trap and would take 
approximately 10 minutes per wire pot/trap. Circular vents are not 
typically found in wooden traps due to structural integrity concerns. 
The cost of adding an additional vent to a wooden trap would range 
between $2.68 and $5.36 per trap and would take approximately 10-20 
minutes per trap. Because the effective date of the proposed changes 
would be delayed until January 1, 2007, the annualized cost of the 
proposed regulations would be half of those described above. The 
Council indicates that, because complete cost data for the black sea 
bass pot/trap fishery are not available, it is not possible to 
calculate how the proposed gear changes would affect the total cost of 
production for black sea bass pot/trap fishermen. However, the Council 
estimates that total trap production costs would increase by less than 
5 percent.
    The commercial portion of the summer flounder RSA allocations in 
the proposed rule, if made available to the commercial fishery, could 
be worth as much as $339,397 dockside, based on a 2004 ex-vessel price 
of $1.59/lb. Assuming an equal reduction in fishing opportunity among 
all active vessels (i.e., the 765 vessels that landed summer flounder 
in 2004), this could result in a per-vessel potential revenue loss of 
approximately $444. Changes in the summer flounder recreational harvest 
limit as a result of the 355,762-lb (161,479-kg) RSA are not expected 
to be significant as the deduction of RSA from the TAL would result in 
a relatively marginal decrease in the recreational harvest limit from 
9.4 million lb (4,282 mt) to 9.3 million lb (4,217 mt). Because this is 
a marginal change, it is unlikely that the recreational possession, 
size, or seasonal limits would change as the result of the RSA 
allocation.
    The scup RSA allocation, if made available to the commercial 
fishery, could be worth as much as $86,435 dockside, based on a 2004 
ex-vessel price of $0.60/lb. Assuming an equal reduction in fishing 
opportunity for all active commercial vessels (i.e., the 432 vessels 
that landed scup in 2004), this could result in a loss of potential 
revenue of approximately $200 per vessel. The deduction of RSA from the 
TAL results in a relatively marginal decrease in the recreational 
harvest limit from 4.19 million lb (1,902 mt) to 4.15 million lb (1,884 
mt). It is unlikely that scup recreational possession, size, or 
seasonal limits would change as the result of the RSA allocation.
    The black sea bass RSA allocation, if made available to the 
commercial fishery, could be worth as much as $135,040 dockside, based 
on a 2004 ex-vessel price of $1.54/lb. Assuming an equal reduction in 
fishing opportunity for all active commercial vessels (i.e., the 569 
vessels that caught black sea bass in 2004), this could result in a 
loss of approximately $237 per vessel. The deduction of RSA from the 
TAL would result in a relatively marginal decrease in recreational 
harvest from black sea bass recreational harvest limit from 4.08 
million lb (1,851 mt) to 3.99 million lb (1,809 mt). It is unlikely 
that the black sea bass possession, size, or seasonal limits would 
change as the result of this RSA allocation.
    Overall, long-term benefits are expected as a result of the RSA 
program. The four conditionally-approved projects would provide 
improved data and information regarding the size composition of the 
scup population, the influence of Mid-Atlantic species seasonal 
migration on stock abundance estimates, angler behavior under various 
recreational management scenarios, and black sea bass habitat pot 
efficiency. The results of these projects will provide needed 
information on high-priority fisheries management issues related to 
Mid-Atlantic fisheries management. If the total amount of quota set-
aside is not awarded for any of the three fisheries, the unused set-
aside amount will be restored to the appropriate fishery's TAL. It 
should also be noted that fish harvested under the RSAs would be sold, 
and the profits would be used to offset the costs of research. As such, 
total gross revenue to the industry would not decrease if the RSAs are 
utilized.
    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: November 15, 2005.
James W. Balsiger,
Acting Director, 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.  648.2, add a second sentence to the definition of 
``Total Length'' to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Total Length (TL) * * * For black sea bass, Total Length (TL) means 
the straight-line distance from the tip of the snout to the end of the 
tail (caudal fin), excluding any caudal filament, while the fish is 
lying on its side.
* * * * *
    3. In Sec.  648.144, revise paragraph (b)(2) to read as follows:


Sec.  648.144  Gear restrictions.

* * * * *
    (b) * * *
    (2) All black sea bass traps or pots must have two escape vents 
placed in lower corners of the parlor portion of the pot or trap that 
each comply with one of the following minimum size requirements: 1.375 
inches by 5.75 inches (3.5 cm by 14.6 cm); a circular vent of 2.5 
inches (6.4 cm) in diameter; or a square vent with sides of 2 inches 
(5.1 cm), inside measure; however, black sea bass traps constructed of 
wood lathes may have instead escape vents constructed by leaving spaces 
of at least 1.375 inches (3.5 cm) between two sets of lathes in the 
parlor portion of the trap. These dimensions for escape vents and lathe 
spacing may be adjusted pursuant to the procedures in Sec.  648.140.
* * * * *
[FR Doc. 05-22856 Filed 11-16-05; 8:45 am]
BILLING CODE 3510-22-P