[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Proposed Rules]
[Pages 12158-12163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4780]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 061020273-7054-04; I.D. 030107B]
RIN 0648-AT60
Fisheries of the Northeastern United States; Recreational
Management Measures for the Summer Flounder, Scup, and Black Sea Bass
Fisheries; Fishing Year 2007
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 2007
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 March 30,
2007.
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 2007 Summer
Flounder, Scup, and Black Sea Bass Recreational Measures.''
Federal e-rulemaking portal: http://www.regulations.gov
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast
[[Page 12159]]
Regional Office, One Blackburn Drive, Gloucester, MA 01930. Mark the
outside of the envelope: ``Comments on 2007 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 T.
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: Michael P. Ruccio, Fishery Policy
Analyst, (978) 281-9104.
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.
Quota specifications for the 2007 summer flounder, scup, and black
sea bass fisheries were published on December 14, 2006 (71 FR 75134).
The summer flounder quota specification was later increased by
emergency rule on January 19, 2007 (72 FR 2458), consistent with the
provisions of the Magnuson-Stevens Fishery Conservation and Management
Act Reauthorization of 2006. The summer flounder emergency rule will
expire after 180 days, on July 18, 2007, unless extended by NMFS. NMFS
intends to undertake notice and comment rulemaking in the Federal
Register before the current emergency rule expires to extend the
initial rule's measures through the fishing year ending December 31,
2007. However, should the emergency rule not be extended for any
reason, the original summer flounder quota specification would become
effective again and NMFS would revise the summer flounder recreational
measures to be consistent with the lower recreational harvest limit.
The quota specification contained in the emergency rule has been
determined to be consistent with the 2007 target fishing mortality rate
(F) for summer flounder. The specifications contained in the December
14, 2006, rule were determined to be consistent with the 2007 target
exploitation rates for scup and black sea bass.
Based on the specifications currently in place, the 2007 coastwide
recreational harvest limits are 6,844,800 lb (3,105 mt) for summer
flounder, 2,744,200 lb (1,245 mt) for scup, and 2,473,500 lb (1,122 mt)
for black sea bass. The specification rules did not establish
recreational measures, since final recreational catch data for 2006
were not available when the Council made its recreational harvest limit
recommendation to NMFS.
All minimum fish sizes discussed hereafter 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 2006 were estimated to have been
11.74 million lb (5,325 mt). This exceeded, by approximately 26
percent, the 2006 recreational harvest limit of 9.29 million lb (4,214
mt). Five individual states are projected to have exceeded their 2006
state harvest limits when their allocations are converted to number of
fish using the average weight of summer flounder harvested during 2005
and 2006. These states are, with their respective percent overage, as
follows: MA (2 percent); RI (25 percent); NY (29 percent); NJ (9
percent); and VA (41 percent).
The 2007 coastwide harvest limit is 6,844,800 lb (3,105 mt), a
26.4-percent decrease from the 2006 harvest limit. Assuming the same
level of fishing effort in 2007, a 41.7-percent reduction in landings
coastwide would be required for summer flounder. The Council is
recommending conservation equivalency, described as follows, that would
require individual states to reduce summer flounder landings (in number
of fish) to achieve the necessary recreational harvest reductions for
2007.
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
[[Page 12160]]
recreational harvest limit, if implemented by all of the states.
The Council and Board recommend annually that either state-specific
recreational measures be developed (conservation equivalency) or
coastwide management measures be implemented by all states to ensure
that the recreational harvest limit will not be exceeded. Even when the
Council and Board recommend conservation equivalency, the Council must
specify a set of coastwide measures that would apply if conservation
equivalency is not approved. If conservation equivalency is
recommended, and following confirmation that the proposed state
measures would achieve conservation equivalency, NMFS may waive the
permit condition found at Sec. 648.4(b), which requires federally
permitted vessels to comply with the more restrictive management
measures when state and Federal measures differ. Federally permitted
charter/party permit holders and recreational vessels fishing for
summer flounder in the EEZ then would be subject to the recreational
fishing measures implemented by the state in which they land summer
flounder, rather than the coastwide measures.
In addition, the Council and the Board must recommend precautionary
default measures. The Commission would require adoption of the
precautionary default measures by any state that either does not submit
a summer flounder management proposal to the 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 2006, the Council and Board voted to recommend
conservation equivalency to achieve the 2007 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, each state from MA to NC, excluding MD, would be required
to reduce 2007 landings by the percentages shown in Table 1. MD may
submit more liberal management measures, provided that they are
sufficient to meet the 2007 state harvest limit. ME and NH have no
recreational summer flounder harvest limit and are not required to
submit management measures to the Commission.
Table 1. Required state by state reductions in summer flounder recreational harvest limits for 2007.
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State ME NH MA RI CT NY NJ DE MD VA NC
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Percent change from 2006 to 2007 -- -- -35.3 -47.2 -13.7 -48.6 -39.5 -29.3 0.0 -53.0 -8.1
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The Board required that each state submit its conservation
equivalency proposal to the Commission by January 15, 2007. 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 held on January 22, 2007. The Board met on January
31, 2007, and approved a range of management proposals for each state,
as well as regional and coastwide management options designed to attain
conservation equivalency. Once the states select and submit their final
summer flounder management measures to the Commission, the Commission
will notify NMFS as to which individual state, regional, or coastwide
proposals have been approved or disapproved. NMFS retains the final
authority either to approve or to disapprove using conservation
equivalency in place of the coastwide measures and will publish its
determination as a final rule in the Federal Register to establish the
2007 recreational measures for these fisheries.
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 2007 are a 19-inch (48.26-cm) minimum fish size, a possession limit
of one fish, and an open season from January 1 through December 31. In
this action, NMFS proposes these coastwide measures in the EEZ, as they
are expected to constrain landings to the overall recreational harvest.
These measures would be waived if conservation equivalency is approved.
The precautionary default measures specified by the Council and
Board are an 18.5-inch (46.99-cm) minimum fish size, a possession limit
of one fish, and an open season of January 1 through December 31. These
measures are also estimated to achieve the 2007 target if applied
coastwide.
Scup
The 2007 scup recreational harvest limit is approximately 2.74
million lb (1,245 mt), a 34-percent decrease from the 2006 recreational
harvest limit of 4.15 million lb (1,882 mt). Recreational landings in
2006 were estimated to have been 2.8 million lb (1,270 mt). The 2.1-
percent difference in the estimated 2006 landings and 2007 target is
well within the percent standard error for scup landings estimated from
the Marine Recreational Fishery Statistics Survey (MRFSS). As such, no
reduction from the 2006 measures would be necessary for 2007, as the
status quo measures are unlikely to result in exceeding the 2007
target.
The 2007 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 2007 target, NMFS proposes to maintain the
status quo coastwide management measures of a 10-inch (25.40-cm)
minimum fish size, a 50-fish possession
[[Page 12161]]
limit, and open seasons of January 1 through February 28, and September
18 through November 30, as recommended by the Council.
As has occurred in the past 5 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 Massachusetts through
New York each develop state-specific management measures to constrain
their landings to an annual harvest level for this region in number of
fish (approximately 3.1 million fish for 2007), 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 management
measures will differ for 2007.
At the January 31, 2007, meeting, the Board approved a regional
management proposal for MA through NY that would allow a season of at
least 150 days. 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 March 1, 2007. New Jersey 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 Delaware through North Carolina, 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 2007 were estimated to have been 1.91
million lb (866 mt)-- 52 percent below the 2006 target of 3.99 million
lb (1,809 mt) and 23 percent below the 2007 target of 2.47 million lb
(1,122 mt). The 2007 recreational harvest limit of 2.47 million lb
(1,122 mt) is a 38-percent decrease from the 2006 target. Based on 2006
landings, no reduction in landings is necessary to achieve the 2007
target.
For Federal waters, the Council and Board have approved measures
that would maintain the 25-fish possession limit, the 12-inch (30.48-
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 2007 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 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 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 920 vessels possessing a Federal charter/party permit for summer
flounder, scup, and/or black sea bass in 2005, the most recent year for
which complete permit data are available. However, only 331 of these
vessels reported active participation in the recreational summer
flounder, scup, and/or black sea bass fisheries in 2005.
In the 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 (43.18-cm)
minimum fish size, a 4-fish possession limit, and no closed season,
i.e., the current Federal regulatory measure that would be implemented
if conservation equivalency is not implemented in the final rule; (2)
for scup, a 10-inch (25.40-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 (30.48-
cm) minimum size, a 25-fish possession limit, and an open season of
January 1 through December 31.
The no-action alternatives for scup and black sea bass are the same
(status quo) measures being proposed for 2007. Landings of these
species in 2006 were either less than their respective target (black
sea bass) or within the within the average observed percent standard
error for the estimated landings (scup), and the status quo measures
are expected to constrain landings to the 2007 targets. As such, since
there is no regulatory change being proposed for these two species,
there is no need of further discussion of the economic impacts within
this section.
For summer flounder, state-specific implications of adopting the
no-action (coastwide) alternative would result in more restrictive
measures than conservation equivalent regulations in place for all
Northeast (NE) states in 2006. In consideration of the recreational
harvest limits established for the 2007 fishing year, taking no action
in the summer flounder fishery would be inconsistent with the goals and
objectives of the FMP and its implementing regulations because the no-
action alternative would not be expected to prevent the 2007 summer
flounder 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
[[Page 12162]]
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 NE
region. Management measures proposed under the summer flounder
conservation equivalency alternative have yet to be adopted; therefore,
potential losses under this alternative could not be analyzed in
conjunction with alternatives proposed for scup and black sea bass.
Since conservation equivalency allows each state to tailor specific
recreational fishing measures to the needs of that state, while still
achieving conservation goals, it is likely that the measures developed
under this alternative, when considered in combination with the
measures proposed for scup and black sea bass, would have fewer overall
adverse effects than any of the other combinations that were analyzed.
Impacts were examined by first estimating the number of angler
trips aboard party/charter vessels in each state in 2006 that would
have been affected by the proposed 2007 management measures. All 2006
party/charter fishing trips that would have been constrained by the
proposed 2007 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 2007.
Total economic losses to party/charter vessels were then estimated
by multiplying the number of potentially affected trips in each state
in 2007, under the two hypothetical scenarios, by the estimated average
access fee paid by party/charter anglers in the NE in 2006. Finally,
total economic losses were divided by the number of federally permitted
party/charter vessels that participated in the summer flounder
fisheries in 2005 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 2007.
MRFSS data indicate that anglers took 36.98 million fishing trips
in 2006 in the Northeastern U.S., and that party/charter anglers
accounted for 5.1 percent of the angler fishing trips. The number of
party/charter trips in each state ranged from approximately 29,700 in
NH to approximately 510,000 in DE. The number of trips that targeted
summer flounder 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
2006 ($41.07 per angler), and the revenue impacts on individual vessels
were estimated. The analysis assumed that angler effort and catch rates
in 2007 will be similar to 2006.
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 (e.g.,
more than 81 percent of summer flounder 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.
Impacts of Summer Flounder Alternatives
The proposed action for the summer flounder recreational fishery
would limit coastwide catch to approximately 6.84 million lb (3,105 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, each state except MD would be required
to reduce summer flounder landings in 2007, relative to state 2006
landings, by the percentages shown in Table 1 of the preamble of this
proposed rule. 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 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
18.5 inches (46.99 cm)). Under the precautionary default measures,
impacted trips are defined as trips taken in 2006 that landed at least
one summer flounder smaller than 18.5 inches (46.99 cm) or landed more
than one summer flounder. The analysis concluded that
[[Page 12163]]
implementation of precautionary default measures could affect 4.06
percent of the party/charter vessel trips in the NE, including those
trips were no summer flounder were caught.
The impacts of the proposed summer flounder coastwide alternative
(Summer Flounder Alternative 2), i.e., a 19-inch (48.26-cm) minimum
fish size, a one-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 2006 that landed at least one summer flounder smaller than
19 inches (48.26 cm), or that landed more than one summer flounder. The
analysis concluded that the measures would affect 4.13 percent of the
party/charter vessel trips in the NE, including those trips where no
summer flounder were caught.
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 boat trips in the NE that are estimated to be
affected by the proposed actions ranges from a low of 6.24 percent for
the combination of measures proposed under the summer flounder
precautionary default, scup alternative 1, and black sea bass
alternative 2, to 7.30 percent for the measures proposed under summer
flounder alternative 2 combined with scup alternative 2 and black sea
bass alternative 3.
Regionally, party/charter revenue losses in 2007 from $4.392
million to $3.753 million in sales, $1.370 million to $1.588 million in
income, and between 37 and 43 jobs if a 25-percent reduction in the
number of affected trips occurs. The estimated losses are approximately
twice as high if a 50-percent reduction in affected trips is assumed to
occur.
Potential revenue losses in 2007 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 Northeastern coastal states. Although potential
losses were estimated for party/charter vessels operating out of Maine
and New Hampshire, these results are suppressed for confidentiality
purposes. Average party/charter losses for federally permitted vessels
operating in the remaining states are estimated to vary across the 18
combinations of alternatives. For example, in New York, average losses
are predicted to range from $4,834 per vessel under the combined
effects of summer flounder precautionary default measures (considered
under alternative 1), scup alternative 1, and black sea bass
alternative 2 management measures, to $6,122 per vessel under the
combined effects of summer flounder alternative 2, scup alternative 2,
and black sea bass alternative 3 management measures, 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 9, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.103, paragraph (b) is revised to read as follows:
Sec. 648.103 Minimum fish sizes.
* * * * *
(b) Unless otherwise specified pursuant to Sec. 648.107, the
minimum size for summer flounder is 19 inches (48.26 cm) TL for all
vessels that do not qualify for a moratorium permit, and charter boats
holding a moratorium permit if fishing with more than three crew
members, or party boats holding a moratorium permit if fishing with
passengers for hire or carrying more than five crew members.
* * * * *
3. In Sec. 648.105, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 648.105 Possession restrictions.
* * * * *
(a) Unless otherwise specified pursuant to Sec. 648.107, no person
shall possess more than one summer flounder in, or harvested from, the
EEZ, unless that person is the owner or operator of a fishing vessel
issued a summer flounder moratorium permit, or is issued a summer
flounder dealer permit. * * *
* * * * *
4. In Sec. 648.107, paragraph introductory text (a) and paragraph
(b) are revised to read as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) The Regional Administrator has determined that the recreational
fishing measures proposed to be implemented by Massachusetts through
North Carolina for 2007 are the conservation equivalent of the season,
minimum fish size, and possession limit prescribed in Sec. Sec.
648.102, 648.103, and 648.105(a), respectively. This determination is
based on a recommendation from the Summer Flounder Board of the
Atlantic States Marine Fisheries Commission.
* * * * *
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels subject
to the recreational fishing measures of this part and registered in
states whose fishery management measures are not determined by the
Regional Administrator to be the conservation equivalent of the season,
minimum size, and possession limit prescribed in Sec. Sec. 648.102,
648.103(b) and 648.105(a), respectively, due to the lack of, or the
reversal of, a conservation equivalent recommendation from the Summer
Flounder Board of the Atlantic States Marine Fisheries Commission,
shall be subject to the following precautionary default measures:
Season - January 1 through December 31; minimum size - 18.5 inches
(46.99 cm); and possession limit - one fish.
[FR Doc. E7-4780 Filed 3-14-07; 8:45 am]
BILLING CODE 3510-22-S