[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Proposed Rules]
[Pages 15147-15152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4403]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060317073-6073-01; I.D. 031406A]
RIN 0648-AT28


Fisheries of the Northeastern United States; Recreational 
Management Measures for the Summer Flounder, Scup, and Black Sea Bass 
Fisheries; Fishing Year 2006

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 management measures for the 2006 
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 by 5 p.m. local time, on April 11, 
2006.

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 Recreational Measures.''
     Federal e-rulemaking portal: http://www.regulations.gov

[[Page 15148]]

     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 Recreational Measures.''
     Fax: (978) 281-9135.
    Copies of supporting documents used by the Summer Flounder, Scup, 
and Black Sea Bass Monitoring Committees and of the Environmental 
Assessment, Regulatory Impact Review, and 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 New Street, Dover, DE 19901-6790. The EA/
RIR/IRFA 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 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 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]15.3' 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 (General Provisions), 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 plan for summer flounder, scup, and 
black sea bass. The Federal regulations govern vessels fishing in the 
EEZ, as well as vessels possessing a Federal fisheries permit, 
regardless of where they fish.
    The FMP established Monitoring Committees (Committees) for the 
three fisheries, consisting of representatives from the Commission; the 
Mid-Atlantic, New England, and 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 2006 summer flounder, scup, and 
black sea bass fisheries were published on December 29, 2005 (70 FR 
77060). These specifications were determined to be consistent with the 
2006 target fishing mortality rate (F) for summer flounder, and with 
the target exploitation rates for scup and black sea bass. The 2006 
coastwide recreational harvest limits are 9,293,695 lb (4,216 mt) for 
summer flounder, 4,153,168 lb (1,884 mt) for scup, and 3,988,732 lb 
(1,809 mt) for black sea bass. The specifications did not establish 
recreational measures, since final recreational catch data for 2005 
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. For black sea bass, total length measurement does not include the 
caudal fin tendril. All possession limits discussed below are per 
person.

Summer Flounder

    Overall, recreational landings for 2005 were estimated to have been 
10.04 million lb (4,554 mt), approximately 16 percent below the 2005 
recreational harvest limit (by weight). However, the following states 
are projected to have exceeded their 2005 state harvest limits when 
their allocations are converted to number of fish using the average 
weight of summer flounder harvested during 2004 and 2005: CT (18 
percent over) and NY (23 percent over). The 2006 coastwide harvest 
limit is approximately 9.29 million lb (4,216 mt), a 22-percent 
decrease from the 2005 harvest limit, and 7 percent below the estimated 
2005 landings. Assuming the same level of fishing effort in 2006, a 7-
percent reduction in landings coastwide would be required for summer 
flounder. However, as described below, under conservation equivalency, 
as recommended by the Council, MA, CT, and NY would be required to 
reduce summer flounder landings (in number of fish) in 2006 by 15 
percent, 35 percent, and 38 percent, respectively.
    NMFS implemented Framework Adjustment 2 to the FMP (Framework 
Adjustment 2) 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) to achieve its state 
harvest limit, 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 overall 
recreational harvest limit, if implemented by all of the states. 
Conservation equivalency was approved for the 2005 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.

[[Page 15149]]

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 Commission's Summer 
Flounder Technical Committee, or that submits measures that are 
determined not to achieve the required reduction. The precautionary 
default measures are defined as the set of measures that would achieve 
the greatest reduction in landings required for any state.
    In December 2005, the Council and Board voted to recommend 
conservation equivalency to achieve the 2006 recreational harvest 
limit. The Commission's conservation equivalency guidelines require the 
states to determine and implement appropriate state-specific management 
measures (i.e., possession limits, fish size limits, and fishing 
seasons) to achieve state-specific harvest limits. Under this approach, 
each state may implement unique management measures appropriate to that 
state, so long as these measures are determined by the Commission to 
provide equivalent conservation as would Federal coastwide measures 
developed to achieve the overall recreational harvest limit. According 
to the conservation equivalency procedures, established in Framework 
Adjustment 2, MA, CT, and NY would need to reduce their 2006 landings 
(in number of fish) by 15 percent, 35 percent, and 38 percent, 
respectively, relative to 2005 landings, to achieve their 2006 state 
harvest limits. The other states (from ME to NC) would not require any 
reductions in recreational summer flounder landings to achieve their 
2006 state harvest limits.
    The Board required that each state submit its conservation 
equivalency proposal to the Commission by January 15, 2006. 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 invited public participation in its review process by 
allowing public comment on the state proposals at the Technical 
Committee meeting and Board meeting. The Board met on February 22, 
2006, and approved several of the state management proposals. For some 
states, the Board approved multiple management options. As discussed 
below, MA, CT, and NY were allowed to revise their original 2006 
management measure proposals submitted to the Commission based on 
approval of Addendum XVIII to the Interstate FMP (Addendum XVIII). Once 
the 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 2006 
recreational measures for these fisheries.
    In anticipation of the potentially drastic landings reductions 
necessary for some of the northern states, the Commission developed 
Addendum XVIII to introduce a new summer flounder recreational fishery 
management strategy for 2006. Addendum XVIII effectively lowers the 
reductions (in number of fish) that MA, CT, and NY would otherwise need 
to achieve under the existing conservation equivalency procedures. 
These three states will capitalize on harvest opportunities that are 
foregone by states that choose to maintain (rather than liberalize) 
their 2005 recreational fishing management measures in 2006. The Board 
approved Addendum XVIII on February 22, 2006. The states were required 
to submit their final recreational management measures for 2006 to the 
Commission by early March 2006, based on Commission guidance regarding 
necessary landings reductions, if applicable.
    States that do not submit conservation equivalency proposals, or 
for which proposals were disapproved by the Commission, will 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).
    As described above, for each fishing year, NMFS implements either 
coastwide measures or conservation equivalent measures at the final 
rule stage. The coastwide measures recommended by the Council and Board 
for 2006 are the same as those recommended for 2005 and consist of a 
17-inch (43.2-cm) minimum fish size, a possession limit of four fish, 
and no closed season. In this action, NMFS proposes to maintain these 
coastwide measures in the EEZ, as they are expected to constrain 
landings to the overall recreational harvest limit, i.e., achieve 
approximately 94 percent of the 2006 target if applied coastwide. 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 2005 and consist of an 18-inch 
(45.7-cm) minimum fish size, a possession limit of one fish, and no 
closed season. These measures are estimated to achieve approximately 44 
percent of the 2006 target if applied coastwide.

Scup

    The 2006 scup recreational harvest limit is approximately 4.15 
million lb (1,884 mt), a 5-percent increase from the 2005 recreational 
harvest limit of 3.96 million lb (1,796 mt). Because recreational 
landings in 2005 were estimated to have been 2.49 million lb (1,129 
mt), 37 percent below the 2005 harvest limit, no reduction in landings 
is necessary to achieve the 2006 target.
    The 2006 scup recreational fishery will be managed under separate 
regulations for state and Federal waters; the Federal measures would 
apply to party/charter vessels with Federal permits and other vessels 
subject to the possession limit that fish in the EEZ. In Federal 
waters, to achieve the 2006 target, NMFS proposes to maintain the 
status quo 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 28, and September 18 through November 30, as 
recommended by the Council.
    As in the past 4 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 constrain their landings to an annual 
harvest level (for this region) in number of fish (approximately 3.7 
million fish for 2006), through a combination of minimum fish size, 
possession limits, and seasonal closures. Because the Federal FMP does 
not contain provisions for conservation equivalency, and states may 
adopt their own unique measures under Addendum XI, the Federal and 
state recreational scup

[[Page 15150]]

management measures will differ for 2006.
    At the February 22, 2006, meeting, the Board approved a regional 
management proposal for MA through NY that would allow a season of at 
least 150 days, 30 days longer than in 2005. The Board retained a 
minimum fish size of 10.5 inches (26.7 cm) and a common possession 
limit (25 fish for private vessels and shore-based anglers; and 60 fish 
for party/charter vessels, dropping to 25 fish after a 2-month period) 
for the states of MA through NY. These northern states are expected to 
submit their final management measures to the Commission by April 1, 
2006. NJ will maintain status quo scup recreational management measures 
of a 9-inch (22.9-cm) minimum size, a 50-fish possession limit, and 
open seasons of January 1 through February 28, and July 1 through 
December 31. Due to low scup landings in DE through NC, the Board 
approved the retention of status quo management measures for those 
states as well, i.e., an 8-inch (20.3-cm) minimum fish size, a 50-fish 
possession limit, and no closed season.

Black Sea Bass

    Recreational landings in 2005 were estimated to have been 1.77 
million lb (803 mt), 57 percent below the 2005 target of 4.13 million 
lb (1,873 mt). The 2006 recreational harvest limit is approximately 
3.99 million lb (1,809 mt), a 3-percent decrease from the 2005 target. 
Based on 2005 landings, no reduction in landings is necessary to 
achieve the 2006 target.
    For Federal waters, the Council and Board have approved measures 
that would maintain the 25-fish possession limit, the 12-inch (30.5-cm) 
minimum size, and open season of January 1 through December 31. NMFS 
proposes to maintain these measures, which are expected to constrain 
recreational black sea bass landings to the 2006 target.

Classification

    NMFS has determined that the proposed rule is consistent with the 
FMP and preliminarily determined that the rule is consistent with the 
Magnuson-Stevens Fishery Conservation and Management 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, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA 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 at the beginning of this section of the preamble 
and in the SUMMARY section of the preamble. A summary of the analysis 
follows. A copy of the complete IRFA is available from the Council (see 
ADDRESSES).
    This proposed rule does not duplicate, overlap, or conflict with 
other Federal rules.
    The proposed action could affect any recreational angler who fishes 
for summer flounder, scup, or black sea bass in the EEZ or on a party/
charter vessel issued a Federal permit for summer flounder, scup, and/
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 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.
    The Council estimated that the proposed measures could affect any 
of the 803 vessels possessing a Federal charter/party permit for summer 
flounder, scup, and/or black sea bass in 2004, the most recent year for 
which complete permit data are available. However, only 327 of these 
vessels reported active participation in the recreational summer 
flounder, scup, and/or black sea bass fisheries in 2004.
    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 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 September 18 through November 30; 
and (3) for black sea bass, a 12-inch (30.5-cm) minimum size, a 25-fish 
possession limit, and an open season of January 1 through December 31.
    The implications of the no-action alternative are not substantial 
for scup and black sea bass. Landings of these species in 2005 were 
less than their respective targets, and the status quo measures are 
expected to constrain landings to the 2006 targets. For summer 
flounder, state-specific implications of the no-action (coastwide) 
alternative would be varied, resulting in regulations that are more 
restrictive than current conservation equivalent regulations for five 
states (MA, DE, MD, VA, and NC), and less restrictive for the remaining 
four states (RI, CT, NY, and NJ) . In consideration of the recreational 
harvest limits established for the 2006 fishing year, taking no action 
in the summer flounder, scup, and black sea bass fisheries would be 
consistent with the goals and objectives of the FMP and its 
implementing regulations because it could prevent the 2006 recreational 
harvest limits from being exceeded.
    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 RFA 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

[[Page 15151]]

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 2005 that would 
have been affected by the proposed 2006 management measures. All 2005 
party/charter fishing trips that would have been constrained by the 
proposed 2006 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. 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 2006.
    Total economic losses to party/charter vessels were then estimated 
by multiplying the number of potentially affected trips in each state 
in 2006, under the two hypothetical scenarios, by the estimated average 
access fee paid by party/charter anglers in the NE in 2005. 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 2004 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 2006.
    The Marine Recreational Fisheries Statistics Survey (MRFSS) data 
indicate that anglers fished 37.06 million days in 2005 in the NE, and 
that party/charter anglers accounted for 5.5 percent of the angler 
fishing days. The number of trips in each state ranged from 
approximately 32,000 in ME to approximately 619,000 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 2005 ($40.27 per 
angler), and the revenue impacts on individual vessels were estimated. 
The analysis assumed that angler effort and catch rates in 2006 will be 
similar to 2005.
    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 (more 
than 91 percent of summer flounder and scup landings in 2005), it is 
probable that some party/charter 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 
in state waters, if such program is implemented in the final rule, and 
for scup in state waters under the Commission's scup conservation 
equivalency program.

Impacts of Summer Flounder Alternatives

    The proposed action for the summer flounder recreational fishery 
would limit coastwide catch to approximately 9.29 million lb (4,216 mt) 
by imposing coastwide Federal measures throughout the EEZ. As described 
earlier, upon 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.
    The impact of the proposed summer flounder conservation equivalency 
alternative (in Summer Flounder 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 MA, CT, and NY would be required 
to reduce summer flounder landings in 2006, relative to their 2005 
landings (by 15 percent, 35 percent, and 38 percent, respectively (to 
be modified via implementation of Addendum XVIII). 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 (and is expected) that the 
states would adopt conservation equivalent measures that result in 
fewer adverse economic impacts than the much more restrictive 
precautionary default measures (i.e., only one fish measuring at least 
18 inches (45.7 cm)). Under the precautionary default measures, 
impacted trips are defined as trips taken in 2005 that landed at least 
one summer flounder smaller than 18 inches (45.7 cm) or landed more 
than one summer flounder. The analysis concluded that implementation of 
precautionary default measures could affect 4.8 percent of the party/
charter vessel trips in the NE.
    The impacts of the proposed, no-action summer flounder coastwide 
alternative (Summer Flounder 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 2005 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 0.9 
percent of the party/charter vessel trips in the NE.

Impacts of Scup Alternatives

    The proposed action for scup would limit coastwide landings to 
approximately 4.15 million lb (1,884 mt). For Scup Alternative 1 (a 10-
inch (25.4-cm) minimum fish size, a 50-fish possession limit, and open 
seasons of January 1 through February 28, and

[[Page 15152]]

September 18 through November 30) , the preferred and no-action scup 
alternative, impacted trips were defined as individual angler trips 
taken aboard party/charter vessels in 2005 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 September 17, 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 non-preferred Scup Alternative 2 (a 10-inch (25.4-cm) 
minimum fish size, a 50-fish possession limit, and open seasons of 
January 1 through February 28, and September 18 through September 30), 
impacted trips are defined as individual angler trips taken aboard 
party/charter vessels in 2005 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 September 17, and 
October 1 through December 31. The analysis concluded that the measures 
would affect 2 percent of party/charter vessel trips in the NE.
    For the non-preferred Scup Alternative 3 (a 10-inch (25.4-cm) 
minimum fish size, a 50-fish possession limit, and open seasons of 
January 1 through February 28, and September 3 through November 30), 
impacted trips are defined as individual angler trips taken aboard 
party/charter vessels in 2005 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 2, and 
December 1 through December 31. The analysis concluded that the 
measures in this alternative would affect 0.9 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 3.99 million lb (1,810 mt). For the Black Sea Bass 
Alternative 1 (a 12-inch (30.5-cm) minimum size, a 25-fish possession 
limit, and an open season of January 1 through December 31), the 
preferred and no-action alternative, impacted trips were defined as 
individual angler trips taken aboard party/charter vessels in 2005 that 
landed at least 1 black sea bass smaller than 12 inches (30.5 cm), or 
that landed more than 25 black sea bass. The analysis concluded that 
the measures would affect 0.1 percent of party/charter vessel trips in 
the NE.
    For the non-preferred Black Sea Bass Alternative 2 (an 11.5-inch 
(29.2-cm) minimum size, a 25-fish possession limit, and an open season 
of January 1 through December 31), impacted trips were defined as 
individual angler trips taken aboard party/charter vessels in 2005 that 
landed at least 1 black sea bass smaller than 11.5 inches (29.2 cm), or 
that landed more than 25 black sea bass. The analysis concluded that 
the measures would affect less than 0.1 percent of party/charter vessel 
trips in the NE.
    For the non-preferred Black Sea Bass Alternative 3 (a 12.5-inch 
(31.8-cm) minimum size, a 25-fish possession limit, and an open season 
of January 1 through December 31), impacted trips were defined as 
individual angler trips taken aboard party/charter vessels in 2005 that 
landed at least 1 black sea bass smaller than 12.5 inches (31.8 cm), or 
that landed more than 25 black sea bass. The analysis concluded that 
the measures would affect 0.2 percent of party/charter trips in the NE.

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 1.9 percent for 
the combination of measures proposed under Summer Flounder Alternative 
2, Scup Alternative 3, and Black Sea Bass Alternative 2; to a high of 7 
percent for the precautionary default measures for summer flounder 
(considered in Summer Flounder Alternative 1) combined with the 
measures proposed under Scup Alternative 2 and Black Sea Bass 
Alternative 3.
    Potential revenue losses in 2006 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 for summer flounder, scup, and black sea 
bass are predicted to affect party/charter vessel revenues to some 
extent in all of the NE coastal states. Although potential losses were 
estimated for party/charter vessels operating out of ME and NH, 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 NY, average losses are 
predicted to range from $1,582 per vessel under the combined effects of 
Summer Flounder Alternative 2, Scup Alternative 3, and Black Sea Bass 
Alternative 2, to $6,924 per vessel under the combined effects of the 
summer flounder precautionary default (considered in Summer Flounder 
Alternative 1), Scup Alternative 2, and Black Sea Bass Alternative 3, 
assuming a 25-percent reduction in effort, as described above).
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

    Dated: March 22, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. E6-4403 Filed 3-24-06; 8:45 am]
BILLING CODE 3510-22-S