[Federal Register: May 21, 2003 (Volume 68, Number 98)]
[Proposed Rules]
[Page 27768-27773]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21my03-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 030509120-3120-01; I.D. 033103D]
RIN 0648-AQ32
Fisheries of the Northeastern United States; Recreational
Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries;
Fishing Year 2003
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes recreational measures for the 2003 summer
flounder, scup, and black sea bass fisheries. The implementing
regulations for these fisheries require NMFS to publish recreational
measures for the upcoming fishing year and to provide an opportunity
for public comment. The intent of these measures is to prevent
overfishing of the summer flounder, scup, and black sea bass resources.
DATES: Comments must be received on or before June 5, 2003.
ADDRESSES: Comments on the proposed recreational specifications should
be sent to Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.
Copies of supporting documents used by the Summer Flounder, Scup,
and Black Sea Bass Monitoring Committee and of the Environmental
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA) are available from Daniel Furlong, Executive
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal
Building, 300 South Street, Dover, DE 19901-6790. The EA/RIR/IRFA is
also accessible via the Internet at http:/www.nero.nmfs.gov.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy
Analyst, (978) 281-9279, fax (978) 281-9135, e-mail
sarah.mclaughlin@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The summer flounder, scup, and black sea bass fisheries are managed
cooperatively by the Atlantic States Marine Fisheries Commission
(Commission) and the Mid-Atlantic Fishery Management Council (Council),
in consultation with the New England and South Atlantic Fishery
Management Councils.
The management units specified in the Fishery Management Plan (FMP)
for the Summer Flounder, Scup, and Black Sea Bass Fisheries include
summer flounder (Paralichthys dentatus) in U.S. waters of the Atlantic
Ocean from the southern border of North Carolina (NC) northward to the
U.S./Canada border, and scup (Stenotomus chrysops) and black sea bass
(Centropristis striata) in U.S. waters of the Atlantic Ocean from
35[deg]13.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton,
NC) northward to the U.S./Canada border.
The FMP and its implementing regulations found at 50 CFR part 648,
subparts A, G (summer flounder), H (scup), and I (black sea bass),
describe the process for specifying annual recreational measures that
apply in the Exclusive Economic Zone (EEZ). The states manage these
fisheries within 3 miles of their coast, under the Commission's
Interstate Summer Flounder, Scup, and Black Sea Bass FMP. The Federal
regulations govern vessels fishing in the EEZ, as well as vessels
possessing a Federal fisheries permit, regardless of where they fish.
The Council's FMP established Monitoring Committees (Committees)
for the three fisheries, consisting of representatives from the
Commission, the Mid-Atlantic, New England, and South Atlantic Councils,
and NMFS. The FMP and its implementing
[[Page 27769]]
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 Council's 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 2003 summer flounder, scup, and
black sea bass fisheries were published on January 2, 2003 (68 FR 60).
These specifications were determined to be consistent with the 2003
target fishing mortality rate (F) (for summer flounder) and target
exploitation rates (for scup and black sea bass). The 2003 coastwide
recreational harvest limits are 9.28 million lb (4,209 mt) for summer
flounder, 4.01 million lb (1,819 mt) for scup, and 3.43 million lb
(1,557 mt) for black sea bass. The specifications do not establish
recreational measures, since final recreational catch data were not
available when the Council made its recreational harvest limit
recommendation to NMFS.
All minimum fish sizes discussed below are total length (TL)
measurements of the fish, i.e., the straight-line distance from the tip
of the snout to the end of the tail while the fish is lying on its
side.
Summer Flounder
The 2003 summer flounder recreational harvest limit is 9.28 million
lb (4,209 mt), 4.5 percent less than the 2002 recreational harvest
limit. However, 2002 recreational summer flounder landings are
projected to be 8.13 million lb (3,688 mt), 12 percent less than the
2002 recreational harvest limit. Assuming the same level of fishing
effort in 2003, no coastwide reductions in landings would be required
for summer flounder. However, as described below, under the Council-
recommended conservation equivalency measures, Virginia (VA) would be
required to reduce summer flounder landings in 2003 (by 11 percent).
NMFS implemented Framework Adjustment 2 to the FMP in July 2001 (66
FR 36208). This framework implemented a process that makes conservation
equivalency a management option for the summer flounder recreational
fishery. Conservation equivalency allows each state to establish its
own recreational management measures (possession limits, fish size
limits, and fishing seasons), as long as the combined effect of all of
the states' management measures achieve the same level of conservation
as would Federal coastwide measures developed to achieve the
recreational harvest limit, if implemented by all of the states (i.e.,
both would have equivalent Fs). Conservation equivalency was
implemented for the 2002 summer flounder recreational fishery.
The Council and Board recommend annually either conservation
equivalency (whereby states develop state-specific measures) or
coastwide management measures (whereby all states adopt the same
measures as the Federal measures) for the summer flounder recreational
fishery to ensure that the recreational harvest limit will not be
exceeded. If the Council and the Board recommend conservation
equivalency, they must also recommend coastwide management measures
that would be implemented if, following NMFS review and public comment,
conservation equivalency is not implemented in the final rule. In
addition, the Council and the Board must recommend precautionary
default measures that would apply in states that do not implement
conservation equivalent measures, or for which management proposals are
not approved by the Board. 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 2002, the Council and Board voted to recommend
conservation equivalency to achieve the 2003 recreational harvest
limit. Additionally, the Board agreed to allow states that landed less
than their 2002 target to liberalize regulations for 2003. The
precautionary default measures specified by the Council and Board are
the same as specified for 2002 and consist of an 18-inch (45.72-cm)
minimum fish size, a possession limit of one fish per person, and no
closed season. The precautionary default alternative would reduce
landings by 67 percent, assuming the measures are implemented by all
states. Because the precautionary default measures must be restrictive
enough to achieve the necessary reductions in the state requiring the
greatest reductions, application of the precautionary default would
achieve higher than necessary reductions in most states. State-specific
reductions would range from 41 percent in Delaware (DE) to 88 percent
in NC.
Finally, the coastwide alternative recommended by the Council and
Board to be implemented in the EEZ if conservation equivalency is not
implemented, consists of a 17-inch (43.18-cm) minimum fish size, a
possession limit of four fish per person, and no closed season. The
coastwide alternative would reduce recreational landings by 32 percent,
based on 2001 data, assuming the coastwide regulations are implemented
by all states. State-specific reductions would range from 0 percent in
DE to 63 percent in NC.
The Commission has established conservation equivalency guidelines
that require each state, using state-specific equivalency tables, to
determine and implement an appropriate possession limit, size limit,
and closed season to achieve the landings reduction necessary for each
state. The state-specific tables are adjusted to account for the past
effectiveness of the regulations in each state. State-specific
reductions associated with the 2003 coastwide recreational harvest
limit of 9.28 million lb (4,209 mt) are based on the number of fish
landed in 1998 (because 1998 is the last year that recreational summer
flounder regulations were consistent along the coast), and the number
of fish projected to have been landed in 2002. Recreational landings in
1998 were 6.978 million fish, coastwide. Based on the mean weight of
landed fish for 2000, 2001, and 2002, the harvest limit for 2003 was
converted to numbers of fish, i.e., 4.122 million fish. Landings
projections for 2002 indicate that VA is the only state required to
reduce summer flounder landings (by 11 percent) in 2003. States other
than VA (from Maine (ME) to NC) do not require any reductions in
recreational summer flounder landings if their current regulations are
maintained.
The Board required each state to submit its conservation
equivalency proposal to the Commission by January 15, 2003. The
Commission's Summer Flounder Technical Committee has since evaluated
the proposals and advised the Board of each proposal's
[[Page 27770]]
consistency with respect to achieving the coastwide recreational
harvest limit. After the Technical Committee evaluation, the Board met
on February 25, 2003, to approve or disapprove each state's proposal.
The Commission invited public participation in its review process
by holding public meetings and offering the public the opportunity to
comment on the state proposals. During the comment period, the
Commission will notify NMFS as to which state proposals have been
approved or disapproved. NMFS will provide this information in the
final rule, establishing the 2003 recreational measures for these
fisheries.
If, at the final rule stage, the Commission recommends, and NMFS
accepts, conservation equivalency, NMFS would waive the Federal
recreational measures for federally permitted charter/party permit
holders and recreational vessels fishing for summer flounder in the
EEZ. Those vessels would be required to abide by the requirements
enacted by the state in which they land summer flounder. States that do
not submit proposals, or for which proposals were disapproved by the
Commission, would be required by the Commission to adopt the
precautionary default measures. States assigned the precautionary
default measures would be allowed to resubmit revised management
measures. The Commission would notify NMFS of any resubmitted proposals
that were approved after publication of the final rule implementing the
recreational specifications. NMFS then would publish a notice in the
Federal Register to notify the public of any changes in the state's
management measures.
Scup
The 2003 scup recreational harvest limit is 4.01 million lb (1,819
mt), 48 percent more than the recreational harvest limit for 2002. The
2002 recreational scup landings are projected to have been 3.76 million
lb (1,706 mt). As a result of the increase in the harvest limit,
recreational scup landings can increase by 7 percent in 2003, relative
to the projected landings for 2002. Although it appears that
constraints on the fishery could be relaxed, any relaxation should be
balanced with the consideration of stock status. The most recent
assessment indicates that the scup biomass increased in 2002 and is
likely to increase again in 2003. Survey information indicates that
regulations may have protected a large 1997 year class and also
indicate that strong year classes were produced in 1999 through 2001.
If the 1999, 2000, and 2001 year classes are large, and mortality of
undersized fish is reduced, substantial biomass could be added to the
stock by 2003 and availability of legal-sized fish could increase.
Because fewer fish were landed by in the recreational fishery in 2002
than in 2001, the Council decided that the 2001 landings should be used
as a basis to determine the appropriate possession and size limits to
constrain the 2003 landings to the recreational harvest limit.
Additionally, to evaluate properly the required coastwide measures, it
is necessary first to extrapolate the 2001 landings to estimate the
level of landings that would have resulted if the states had not
implemented any scup fishery closures. As a result, to achieve the 2003
harvest limit, a 27-percent reduction from the extrapolated 2001 level
of landings is necessary.
The 2003 scup recreational fishery will be managed under separate
regulations for state and Federal waters; the Federal measures would
apply only to party/charter boats with Federal permits. In Federal
waters, the Council recommended coastwide management measures of a 10-
inch (25.4-cm) minimum fish size, a 50-fish possession limit, and open
seasons of January 1 through February 28, and July 1 through November
30. The Council has estimated that these measures would reduce
recreational scup landings (from the extrapolated 2001 level) by 27
percent, assuming that regulations will be implemented by all of the
states. For comparative purposes, the current (status quo) scup
recreational measures in the EEZ are a 10-inch (25.4-cm) minimum fish
size, a 20-fish possession limit and open seasons of January 1 through
February 28, and July 1 through October 2. NMFS has reviewed the
Council's analyses of these measures and is proposing the Council's
preferred alternative without modification.
The Board postponed making a final decision on state measures for
scup at its December 2002 meeting and advised its staff to prepare an
addendum to the Commission's Interstate FMP that would provide the
states with a mechanism for effectively managing their 2003
recreational scup fisheries on a state-by-state basis. A prior addendum
that addressed the 2002 recreational fishery expired at the end of
2002. On February 25, 2003, the Board approved Addendum IX to the
Commission's Interstate FMP (Addendum IX), which allows states from
Massachusetts (MA) through New York (NY) to develop either regional or
state-specific management measures. For New Jersey (NJ), which has
limited recreational scup landings data, the Board approved a 10-inch
(25.4-cm) minimum size, a 50-fish possession limit, and an open season
of July 1 through December 31. Due to low scup landings in the southern
range of the species, the Board approved a 10-inch (25.4-cm) minimum
fish size, a 50-fish possession limit, and no closed season for DE,
Maryland (MD), VA, and NC. The Monitoring Committee has recommended
that, should the Board implement conservation equivalency for the 2003
scup fishery, states from MA through NY adopt a 10-inch minimum fish
size and a 50-fish possession limit, and achieve the necessary
reductions through state-specific season modification. Although MA is
permitted a 22-percent increase in landings, it has chosen to maintain
its 2002 regulations for the 2003 season. Because the Federal FMP does
not contain provisions for conservation equivalency, and states may
adopt their own unique measures under Addendum IX, it is likely that
state and Federal recreational scup measures will differ for the 2003
season.
Black Sea Bass
The 2003 black sea bass recreational harvest limit is 3.43 million
lb (1,557 mt), the same as that implemented in 2002. However, the 2002
recreational black sea bass landings are projected to be 4.4 million lb
(1,996 mt). After extrapolating the 2002 landings to estimate the level
of landings that would have been expected if the states had not
implemented any seasonal black sea bass fishery closures, the Council
determined that the extrapolated 2002 landings would have to be reduced
by 27 percent to achieve the 2003 harvest limit.
The Council and Board recommended the following measures for the
2003 coastwide recreational black sea bass fishery: A 12-inch minimum
fish size, a 25-fish possession limit, and open seasons of January 1
through September 1, and September 16 through November 30. These
measures are expected to provide a 27-percent reduction in recreational
black sea bass landings (from the 2002 level). For comparative
purposes, the current (status quo) black sea bass regulations include
an 11.5-inch (29.21-cm) minimum fish size, a 25-fish possession limit,
and no closed season. NMFS has reviewed the Council's analyses of these
measures and is proposing the Council's preferred alternative without
modification.
Classification
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The Council prepared an IRFA that describes the economic impact
this
[[Page 27771]]
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 rule.
This proposed rule does not duplicate, overlap, or conflict with other
Federal rules. A copy of the complete IRFA is available from the
Council (see ADDRESSES). A summary of the analysis follows.
The proposed action could affect any recreational angler who fishes
for summer flounder, scup, or black sea bass. However, this summary of
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 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
other recreational anglers are likely to be impacted, they are not
considered small entities, nor is there a permit requirement to
participate in these fisheries.
In the EA, the no action alternative for each species is defined as
the continuation of the management measures implemented for the 2002
fishing season. The Council did not analyze an alternative combining
the status quo measures in place for all three species. In
consideration of the Council-recommended recreational harvest limits
established for the 2003 fishing year, implementation of the same
recreational measures established for the 2002 fishing year would be
inconsistent with the goals and objectives of the FMP and its
implementing regulations, and, because it could result in overfishing
of the black sea bass fishery, it also would be inconsistent with
National Standard 1 of the Magnuson-Stevens Act. Therefore, the no
action alternative was not considered to be a reasonable alternative to
the preferred action and its collective impacts were not analyzed in
the EA/RIR/IRFA. The no action measure for summer flounder was analyzed
in Alternative 1, in combination with preferred measures for scup and
black sea bass. The no action measures for scup and black sea bass were
considered as part of Alternative 2, in combination with the non-
preferred coastwide measure for summer flounder, i.e., the measure that
would be implemented if conservation equivalency is not implemented in
the final rule.
The Council estimated that the proposed measures could affect any
of the 760 vessels possessing a Federal charter/party permit for summer
flounder, scup, and/or black sea bass in 2001, the most recent year for
which complete permit data are available. Only 368 of these vessels
reported active participation in the recreational summer flounder,
scup, and/or black sea bass fisheries in 2001.
The 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' Regulatory Flexibility Act guidance recommends
assessing changes in profitability as a result of proposed measures,
the quantitative impacts were instead evaluated using changes in party/
charter vessel revenues as a proxy. 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.
Data from the Marine Recreational Fisheries Statistical Survey
(MRFSS) were used to project the number of recreational party/charter
vessel trips made in each state. The MRFSS data indicate that anglers
fished 30.96 million days in 2002 in the Northeast Region (ME through
NC). In the Northeast Region, party/charter anglers comprised about 5
percent of the angler fishing days, and party/charter anglers fishing
in MA, NY, NJ, MD, and NC comprised 82 percent of the total projected
party/charter effort. The number of trips in each state ranged from
approximately 365,500 in NJ to approximately 12,700 trips in ME. 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 Northeast Region in
2002 ($40.72 per angler), and the revenue impacts on individual vessels
were estimated. The analysis assumed that angler effort and catch rates
in 2003 will be similar to 2002.
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 may engage in catch and
release fishing, and others may 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 assessments.
Considering the large proportion of landings from state waters
(approximately 92 percent of summer flounder, 94 percent of scup
landings, and 19 percent of black sea bass landings in 2001), 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
and scup in state waters under the Commission's conservation
equivalency programs. For all of these reasons, actual party/charter
losses may be less than the amounts shown in this assessment.
Impacts of Summer Flounder Alternatives
The proposed action for the summer flounder recreational fishery
would limit coastwide catch to 9.28 million lb (4,209 mt) and reduce
landings by at least 4.5 percent, compared to 2002, by either deferring
management to the states or imposing coastwide Federal measures
throughout the EEZ.
There is very little information available to estimate empirically
how sensitive the affected party/charter boat anglers might be to the
proposed fishing regulations. It is possible that the proposed
management measures could restrict the recreational fishery for 2003
and cause a decrease in satisfaction that recreational anglers
experience (i.e., via a reduced possession limit, larger minimum fish
size, or closed season) and/or demand for party/charter trips. Due to
lack of data on angler satisfaction, these effects cannot be
quantified.
The impact of the proposed summer flounder conservation equivalency
alternative among states is likely to be similar to the level of
landings reductions that are required of each state. Landings
projections for 2002
[[Page 27772]]
indicate that VA is the only state required to reduce summer flounder
landings (by 11 percent) in 2003. States other than VA (from ME to NC)
do not require any reductions in recreational summer flounder landings
if their current regulations are maintained. 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 economic impacts, to the extent practicable,
yet achieves the biological objectives of the FMP. Because states have
a choice, it is more rational for the states to adopt conservation
equivalent measures that result in fewer adverse economic impacts that
to acquiesce to the much more restrictive measures contained in the
precautionary default alternative.
The impacts of the non-preferred summer flounder coastwide
alternative (in Alternative 2), which proposes a 17-inch (43.2-cm)
minimum fish size, a possession limit of four fish per person, 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 2002 that landed at least one summer
flounder smaller than 17 inches (43.2 cm), or that landed more than
four summer flounder. The analysis concluded that the measures would
affect 1 percent or less of the party/charter trips in most states,
with state revenue losses identified for MA ($927), Rhode Island (RI)
($15,850), NY ($155,636), NJ ($22,208), DE ($570), MD ($570), VA
($7,362), and NC ($161). (These figures are for all vessels operating
in each state rather than for each vessel.) No state revenue losses
were identified for ME, New Hampshire (NH), or Connecticut (CT).
The average maximum gross revenue loss per party/charter vessel was
estimated to be $9 in MA, $634 in RI, $2,993 in NY, $347 in NJ, $285 in
DE, $190 in MD, $409 in VA, and $23 in NC. For the reasons noted above
(alternative species, catch and release fishing, etc.), it is very
likely that some anglers would continue to take party/charter vessel
trips, even if the restrictions limit their landings. Therefore, this
method is likely to overestimate the potential revenue impacts of the
proposed measures. In addition, an average of 8 percent of recreational
summer flounder landings were derived from the EEZ in 2001. Federal
coastwide measures would apply to federally permitted vessels wherever
they fish. However, the states could potentially implement different
recreational measures for summer flounder.
Precautionary default measures are defined as measures that would
achieve at least the overall required reduction in landings for each
state. The precautionary default measures specified by the Council and
Board (in Alternative 3) consists of an 18-inch (45.72-cm) minimum fish
size, a possession limit of one fish per person, and no closed season.
The precautionary default measures would reduce state specific
landings by a range of 41 percent (DE) to 88 percent (NC). As specified
by Framework 2 to the Federal FMP, states that fail to implement
conservation equivalent measures would be required to implement
precautionary default measures. The state-specific landings reductions
associated with the precautionary default measures are substantially
higher than the reductions that would be implemented using conservation
equivalency. As such, it is expected that states will avoid the impacts
of precautionary approach measures by establishing conservation
equivalent management measures. Therefore, the precautionary default
provision that is included in the conservation equivalency proposal was
not analyzed as a separate provision.
Impacts of Scup Alternatives
The proposed action for scup would limit coastwide landings to 4.01
million lb (1,819 mt) and reduce landings by at least 27 percent
compared to 2001.
For the preferred scup alternative (in Alternative 1), impacted
trips were defined as individual angler trips taken aboard party/
charter vessels in 2002 that landed at least one scup smaller than 10
inches (25.4 cm), that landed more than 50 scup, or that landed at
least one scup during the proposed closed seasons of March 1 through
June 30, and December 1 through December 31. The analysis concluded
that the measures would affect 10 percent of the party/charter trips in
MA and 1 percent or less of the party/charter trips in five states,
with statewide revenue losses identified for MA ($421,057), RI
($2,324), NY ($1,829), NJ ($6,475), MD ($25,450), and NC ($8,064).
The average maximum gross revenue loss per party/charter vessel
associated with the preferred scup alternative was estimated to be
$8,593 in MA, $166 in RI, $59 in NY, $185 in NJ, $25,450 in MD, and
$2,688 in NC.
For the scup no action alternative (in Alternative 2), impacted
trips were defined as individual angler trips taken aboard party/
charter vessels in 2002 that landed at least one scup smaller than 10
inches (25.4 cm), that landed more than 20 scup, or that landed at
least one scup during the periods of March 1 through June 30, and
October 3 through December 31. The analysis concluded that the measures
would affect 11 percent of angler trips taken aboard party/charter
boats in MA, 4 percent in RI, 5 percent in NY, and less than 1 percent
in NJ, DE, MD, and NC, with statewide revenue losses identified for MA
($486,423), RI ($55,664), NY ($702,429), NJ ($67,060), MD ($25,450),
and NC ($8,064). No state revenue losses were identified for ME, NH,
CT, DE, or VA.
The average maximum gross revenue loss per party/charter vessel
associated with this alternative was estimated to be $9,927 in MA,
$3,976 in RI, $22,659 in NY, $1,916 in NJ, $25,450 in MD, and $2,688 in
NC.
For the scup measures considered in Alternative 3, impacted trips
were defined as individual angler trips taken aboard party/charter
vessels in 2002 that landed at least one scup smaller than 10 inches,
that landed more than 50 scup, or that landed at least one scup during
the period of March 1 through July 13. The analysis concluded that the
measures in this alternative would affect 11 percent of the party/
charter trips in MA and 1 percent or less of the party/charter trips in
most states, with statewide revenue losses identified for MA
($469,518), RI ($9,576), NY ($81,902), NJ ($19,880), MD ($25,450), and
NC ($8,064). No state revenue losses were identified for ME, NH, CT,
DE, or VA.
The average maximum gross revenue loss per party/charter vessel
associated with this alternative was estimated to be $9,582 in MA, $684
in RI, $2,642 in NY, $568 in NJ, $25,450 in MD, and $2,688 in NC.
Impacts of Black Sea Bass Alternatives
The proposed action for black sea bass would limit coastwide
landings to 3.43 million lb (1,557 mt) and reduce landings by at least
27 percent compared to 2002.
For the preferred black sea bass alternative (in Alternative 1),
impacted trips were defined as individual angler trips taken aboard
party/charter vessels in 2002 that landed at least one black sea bass
smaller than 12 inches (30.48 cm), that landed more than 25 black sea
bass, or that landed at least one black sea bass during the proposed
closed seasons of September 2 through September 15, and December 1
through December 31. The analysis concluded that the measures would
affect 3 percent of the party/charter trips in NJ, 4 percent in DE, and
1 percent or less in most states, with statewide revenue losses
identified for MA ($1,805), RI
[[Page 27773]]
($5,404), CT ($368), NY ($20,332), NJ ($441,702), DE ($89,544), MD
($41,331), VA ($19,418), and NC ($364). No state revenue losses were
identified for ME or NH.
The average maximum gross revenue loss per party/charter vessel
associated with the proposed black sea bass alternative was estimated
to be $19 in MA, $193 in RI, $46 in CT, $442 in NY, $8,334 in NJ,
$44,772 in DE, $13,777 in MD, $1,022 in VA, and $52 in NC.
For the non-preferred black sea bass measures considered in
Alternative 2, impacted trips were defined as individual angler trips
taken aboard party/charter vessels in 2002 that landed at least one
black sea bass smaller than 11.5 inches (29.21 cm), or that landed more
than 25 black sea bass. The analysis concluded that the proposed
alternative would affect 3 percent of the party/charter trips in DE, 2
percent in NJ, and 1 percent or less in most states, with statewide
revenue losses identified for RI ($1,960), CT ($368), NJ ($248,570), DE
($82,988), MD ($16,329), VA ($21,261), and NC ($119). No state revenue
losses were identified for ME, NH, MA, or NY.
The average maximum gross revenue loss per party/charter vessel
associated with this alternative was estimated to be $70 in RI, $46 in
CT, $4,690 in NJ, $41,494 in DE, $5,443 in MD, $1,119 in VA, and $17 in
NC.
For the non-preferred black sea bass measures considered in
Alternative 3, impacted trips were defined as individual angler trips
taken aboard party/charter vessels in 2002 that landed at least one
black sea bass smaller than 12.5 inches (31.75 cm) or that landed more
than 25 black sea bass. The analysis concluded that the measures would
affect approximately 5 percent of the party/charter trips in DE, 3
percent in NJ, and 1 percent or less in most states, with statewide
revenue losses identified for RI ($1,960), CT ($368), NY ($3,220), NJ
($483,095), DE ($125,132), MD ($40,395), VA ($29,602), and NC ($364).
No state revenue losses were identified for ME, NH, or MA.
The average maximum gross revenue loss per party/charter vessel
associated with this alternative was estimated to be $70 in RI, $46 in
CT, $70 in NY, $9,115 in NJ, $62,566 in DE, $13,465 in MD, $1,558 in
VA, and $52 in NC.
Combined Impacts of Summer Flounder, Scup, and Black Sea Bass
Alternatives
Potential revenue losses in 2003 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. In RI, for example, revenue
losses could reach $993 for vessels that land all three species in
2003, compared to expected revenues for 2002. However, in MD, a vessel
that lands all three species could potentially lose up to a maximum of
$39,417 in 2003. On average, the largest potential losses were
projected for party/charter vessels operating out of MA, NJ, DE, and MD
in 2003.
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: May 14, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, 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. 648.105, 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 four 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. ***
* * * * *
3. In Sec. 648.107, the first sentence of paragraph (a)
introductory text is revised to read as follows:
Sec. 648.107 Conservation equivalent measures for the summer flounder
fishery.
(a) For 2003, the Regional Administrator has determined that
conservation equivalent measures shall be implemented by the states for
the recreational summer flounder fishery. ***
* * * * *
4. In Sec. 648.122, paragraph (g) is revised to read as follows:
Sec. 648.122 Time and area restrictions.
* * * * *
(g) Time restrictions. Vessels that are not eligible for a
moratorium permit under Sec. 648.4(a)(6), and fishermen subject to the
possession limit, may not possess scup, except from January 1 through
February 28 and from July 1 through November 30. This time period may
be adjusted pursuant to the procedures in Sec. 648.120.
5. In Sec. 648.125, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 648.125 Possession limit.
(a) No person shall possess more than 50 scup in, or harvested
from, the EEZ unless that person is the owner or operator of a fishing
vessel issued a scup moratorium permit, or is issued a scup dealer
permit.***
* * * * *
6. Section 648.142 is revised to read as follows:
Sec. 648.142 Time restrictions.
Vessels that are not eligible for a moratorium permit under Sec.
648.4(a)(7), and fishermen subject to the possession limit, may not
possess black sea bass, except from January 1 through September 1 and
September 16 through November 30. This time period may be adjusted
pursuant to the procedures in Sec. 648.140.
7. In Sec. 648.143, paragraph (b) is revised to read as follows:
Sec. 648.143 Minimum sizes.
* * * * *
(b) The minimum size for black sea bass is 12 inches (30.48 cm) TL
for all vessels that do not qualify for a moratorium permit, and for
party boats holding a moratorium permit, if fishing with passengers for
hire or carrying more than five crew members, and for charter boats
holding a moratorium permit, if fishing with more than three crew
members. The minimum size may be adjusted for recreational vessels
pursuant to the procedures in Sec. 648.140.
* * * * *
[FR Doc. 03-12647 Filed 5-20-03; 8:45 am]
BILLING CODE 3510-22-S