[Federal Register: March 15, 2005 (Volume 70, Number 49)]
[Proposed Rules]
[Page 12639-12644]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15mr05-23]
[[Page 12639]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050304059-5059-01; I.D. 022805D]
RIN 0648-AS21
Fisheries of the Northeastern United States; Recreational
Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries;
Fishing Year 2005
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 2005 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,
2005.
ADDRESSES: 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 Street, Dover, DE 19901-6790. The EA/RIR/
IRFA is also accessible via the Internet at http://www.nero.noaa.gov.
You may submit comments by any of the following methods:
E-mail: FSBREC05@noaa.gov. Include in the subject line the
following identifier: ``Comments on 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 Regional Office, One Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope: ``Comments on Recreational
Measures.''
Fax: (978) 281-9135.
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 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 2005 summer flounder, scup, and
black sea bass fisheries were published on January 4, 2005 (70 FR 303).
These specifications were determined to be consistent with the 2005
target fishing mortality rate (F) (for summer flounder) and target
exploitation rates (for scup and black sea bass). The 2005 coastwide
recreational harvest limits are 11.98 million lb (5,434 mt) for summer
flounder, 3.96 million lb (1,796 mt) for scup, and 4.13 million lb
(1,873 mt) for black sea bass. The specifications did not establish
recreational measures, since final recreational catch data for 2004
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. All possession limits discussed below are per person.
Summer Flounder
Overall, recreational landings for 2004 were estimated to be 10.7
million lb (4,853 mt), nearly 5 percent below the 2004 recreational
harvest limit (by weight). However, the following states are projected
to exceed their 2004 harvest limits when their allocations are
converted to number of fish using the average weight of summer flounder
harvested during 2003 and 2004: MA (16 percent over), RI (8 percent
over), CT (34 percent over), NY (15 percent over), and NJ (2 percent
over). The 2005 coastwide harvest limit is 11.98 million lb (5,434 mt),
a 7-percent increase over the 2004 harvest limit, and 12 percent above
the estimated 2004 landings. Assuming the same level of fishing effort
in 2005, no 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 2005
by 7 percent, 19 percent, and 6 percent, respectively.
[[Page 12640]]
NMFS implemented Framework Adjustment 2 to the FMP on July 29, 2001
(66 FR 36208), which established a process that makes conservation
equivalency an option for the summer flounder recreational fishery.
Conservation equivalency allows each state to establish its own
recreational management measures (possession limits, minimum fish size,
and fishing seasons), as long as the combined effect of all of the
states' management measures achieves the same level of conservation as
would Federal coastwide measures developed to achieve the recreational
harvest limit, if implemented by all of the states. Conservation
equivalency was approved for the 2004 summer flounder recreational
fishery.
The Council and Board recommend annually that either state-specific
recreational measures be developed (conservation equivalency) or
coastwide management measures be implemented by all states to ensure
that the recreational harvest limit will not be exceeded. Even when the
Council and Board recommend conservation equivalency, the Council must
specify a set of coastwide measures that would apply if conservation
equivalency is not approved. If conservation equivalency is
recommended, and following confirmation that the proposed state
measures would achieve conservation equivalency, NMFS may waive the
permit condition found at Sec. 648.4(b), which requires federally
permitted vessels to comply with the more restrictive management
measures when state and Federal measures differ. Federally permitted
charter/party permit holders and recreational vessels fishing for
summer flounder in the EEZ then would be subject to the recreational
fishing measures implemented by the state in which they land summer
flounder, rather than the coastwide measures. In addition, the Council
and the Board must recommend precautionary default measures. The
Commission would require adoption of the precautionary default measures
by any state that either does not submit a summer flounder management
proposal to the Commission's Summer Flounder Technical Committee, or
that submits measures that are determined by the Board not to achieve
the required reduction. The precautionary default measures are defined
as the set of measures that would achieve the greatest reduction in
landings required for any state.
In December 2004, the Council and Board voted to recommend
conservation equivalency to achieve the 2005 recreational harvest
limit. The Commission's conservation equivalency guidelines require
each state, using state-specific equivalency tables, to determine and
implement an appropriate possession limit, minimum fish size, and
closed season to achieve the landings reduction necessary for each
state. The state-specific tables are adjusted to account for the past
effectiveness of the regulations in each state. Landings projections
for 2004 indicate that MA, CT, and NY will be the only states required
to reduce recreational summer flounder landings in 2005, by 7 percent,
19 percent, and 6 percent, respectively. The other states (from ME to
NC) would not require any reductions in recreational summer flounder
landings if their current regulations are maintained.
The Board required that each state submit its conservation
equivalency proposal to the Commission by January 15, 2005. The
Commission's Summer Flounder Technical Committee then evaluated the
proposals and advised the Board of each proposal's consistency with
respect to achieving the coastwide recreational harvest limit. The
Commission has invited public participation in its review process by
holding public meetings and offering the public the opportunity to
comment on the state proposals. The Board met on February 7, 2005, and
approved all of the state management proposals. For some states, the
Board approved multiple management options. Once these states select
and submit their final summer flounder management measures to the
Commission, the Commission officially will notify NMFS as to which
state proposals have been approved or disapproved. NMFS retains the
final authority to either approve or disapprove using conservation
equivalency in place of the coastwide measures and will publish its
determination in the final rule establishing the 2005 recreational
measures for these fisheries.
States that do not submit conservation equivalency proposals, or
for which proposals were disapproved by the Commission, would be
required by the Commission to adopt the precautionary default measures.
In the case of states that are initially assigned precautionary default
measures, but subsequently receive Commission approval of revised state
measures, NMFS will publish a notice in the Federal Register announcing
a waiver of the permit condition at Sec. 648.4(b).
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 2005 are the same as those recommended for 2004 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. If implemented, the coastwide measures
would reduce recreational landings by 18 percent, based on 2001 data,
assuming the coastwide regulations are implemented by all states.
State-specific reductions in landings would range from 0 percent in MD
to 63 percent in NC. These measures would be waived if conservation
equivalency is approved.
The precautionary default measures specified by the Council and
Board are the same as specified for 2004 and consist of an 18-inch
(45.7-cm) minimum fish size, a possession limit of one fish, and no
closed season. These measures would reduce recreational landings by 62
percent, based on 2001 data, assuming the coastwide regulations are
implemented by all states. State-specific reductions in landings would
range from 41 percent in DE to 88 percent in NC.
Scup
For 2005, the Total Allowable Landings of scup was maintained at
the 2004 level. As a result of a slightly larger research set-aside
amount for 2005 than for 2004, the 2005 scup recreational harvest limit
is 3.96 million lb (1,796 mt), a less than 1-percent decrease from the
2004 harvest limit of 3.99 million lb (1,810 mt). Recreational landings
in 2004 were estimated to be 4.34 million lb (1,969 mt), approximately
9 percent above the 2004 harvest limit. To achieve the 2005 target, a
9-percent reduction in landings relative to landings in 2004 is
necessary.
The 2005 scup recreational fishery will be managed under separate
regulations for state and Federal waters; the Federal measures would
apply to party/charter boats with Federal permits and other vessels
subject to the possession limit that fish in the EEZ. In Federal
waters, to achieve the 2005 target, the Council recommended 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 7 through November 30. The Council has
indicated that the status quo measures could achieve the 9-percent
required reduction based on the average percent standard error (PSE)
for scup landings (over the 1994-2003 period) estimated from the Marine
Recreational Fisheries Statistics Survey (MRFSS). The Council
[[Page 12641]]
suggests that the 2005 harvest limit is within the average observed
PSE's, or margin of error for estimates of landings in pounds, and that
no additional restrictions are required.
As in the past 3 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 in number of fish (a total of 4.2 million fish for 2005),
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 the 2005 season.
At the February 7, 2005, meeting, the Board approved a regional
management proposal for MA through NY that would allow a season of at
least 120 days, 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). The Board indicated that it would allow MA
through NY to set a more conservative, i.e., higher, minimum fish size
to allow for longer open seasons. These northern states are expected to
submit their final management measures to the Commission by April 1,
2005. For NJ, the Board approved 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, with the provision that,
if NJ's catch exceeds 3 percent of the total coastwide catch for 2005,
the minimum size will revert to 10 inches (25.4 cm) (the minimum size
implemented for the 2004 fishing season). Due to low scup landings in
the southern states, DE through NC, the Board approved the retention of
status quo management measures, i.e., an 8-inch (20.3-cm) minimum fish
size, a 50-fish possession limit, and no closed season.
Disapproval of Council's Preferred Scup Alternative and Request for
Public Comment
After careful review, NMFS has decided to disapprove the Council's
scup recommendation (Scup Alternative 1, the Council's Preferred Scup
Alternative) because analysis of the materials considered by the Scup
Monitoring Committee indicates that accepting this recommendation would
not result in the achievement of the 2005 scup recreational target. The
Council's recommendation to maintain the status quo measures for scup
would result in a deviation from how NMFS has managed the Federal
recreational scup fishery, i.e., through the setting of minimum fish
size, possession limits, and fishing seasons that are determined to
achieve the landings reductions needed to achieve the FMP's target
exploitation rate. Further, the approach suggested by the Council has
not undergone technical review by the Scup Monitoring Committee.
The Council submission also analyzed the following two alternatives
that are expected to reduce recreational landings by the required 9
percent: (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 September 18 through November 30; and (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 12 through September 30.
NMFS is hereby requesting public comment on these alternatives (defined
later in this document and referred to as Scup Alternatives 2 and 3,
respectively) for possible implementation in the final rule. The
impacts associated with Scup Alternatives 2 and 3 are described in the
Council's submission and are summarized in the Classification section
of this proposed rule.
NMFS is proposing Scup Alternative 2 for publication in the
proposed regulatory text. However, depending upon public comment, NMFS
may instead implement Scup Alternative 3. Should Scup Alternative 3
ultimately be chosen, NMFS will publish the corresponding regulations
in the final rule.
Black Sea Bass
Recreational landings in 2004 were estimated to be 1.72 million lb
(780 mt), 57 percent below the 2004 target of 4.01 million lb (1,819
mt). Because the 2005 black sea bass recreational harvest limit is 4.13
million lb (1,873 mt), a 3-percent increase from the 2004 harvest
limit, no coastwide reduction in landings is required.
Currently, the Federal coastwide black sea bass recreational
measures are: A 25-fish possession limit; a minimum size of 12 inches
(30.5 cm); and open seasons of January 1 through September 7, and
September 22 through November 30. The Council and Board have approved
measures that would maintain the 25-fish possession limit and the 12-
inch (30.5-cm) minimum size, but would implement an open season of
January 1 through December 31. These measures are expected to constrain
recreational black sea bass landings to the 2005 target.
Corrections to the Summer Flounder and Scup Regulations
In addition to the specification of the 2005 recreational
management measures for the summer flounder, scup, and black sea bass
fisheries, this proposed rule contains two proposed corrections to the
regulations at Sec. 648.104. In the final rule to implement measures
contained in Framework Adjustment 5 to the FMP (69 FR 62818, October
28, 2004), the paragraph referring to the requirements of the summer
flounder small-mesh exemption area letter of authorization was
inadvertently published as Sec. 648.104(b)(1)(I) rather than Sec.
648.104(b)(1)(i). This proposed rule would correct that reference. In
the final rule to implement the 2005 annual summer flounder, scup, and
black sea bass specifications, and other commercial scup measures (70
FR 303, January 4, 2005), the threshhold level to trigger the scup
minimum mesh size requirement for otter trawl vessels during the scup
Summer period (May 1 through October 31) was increased from 100 lb
(45.4 kg) to 200 lb (90.7 kg). This change should also have been
reflected in Sec. 648.104(e), the paragraph regarding stowage of nets
by trawl vessels fishing for scup. This proposed rule would make that
change to be consistent with the threshhold level listed in the minimum
mesh size regulations.
Classification
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Council prepared an IRFA that describes the economic impact
this proposed rule, if adopted, would have on small entities.
A description of the action, why it is being considered, and the
legal basis for this action are contained in the preamble to this
proposed rule. This proposed rule does not duplicate, overlap, or
conflict with other Federal rules. A copy of the complete IRFA is
available from the Council (see ADDRESSES). A summary of the analysis
follows.
The proposed action could affect any recreational angler who fishes
for summer flounder, scup, or black sea bass in the EEZ or on a party/
charter vessel issued a Federal permit for
[[Page 12642]]
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 Regulatory
Flexibility Act (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 777 vessels possessing a Federal charter/party permit for summer
flounder, scup, and/or black sea bass in 2003, the most recent year for
which complete permit data are available. However, only 337 of these
vessels reported active participation in the recreational summer
flounder, scup, and/or black sea bass fisheries in 2003.
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 7 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 September 7,
and September 22 through November 30.
The implications of the no-action alternative are substantial. For
summer flounder, reductions in landings would range from 0 percent in
MD to 63 percent in NC. The no-action alternative (i.e., maintenance of
the regulations as codified) would not be restrictive enough to effect
the recommended 9-percent reduction in scup landings relative to 2004,
but would constrain black sea bass landings to the harvest limit for
2005. In consideration of the recreational harvest limits established
for the 2005 fishing year, taking no action in the summer flounder and
scup fisheries would be inconsistent with the goals and objectives of
the FMP and its implementing regulations because the coastwide summer
flounder measures are more restrictive than necessary for most states
and likely would not restrict recreational scup landings to the 2005
harvest limit. Because it could result in overfishing of the scup
fishery, taking no action also would be inconsistent with National
Standard 1 of the Magnuson-Stevens Fishery Conservation and Management
Act.
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 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 2004 that would
have been affected by the proposed 2005 management measures. All 2004
party/charter fishing trips that would have been constrained by the
proposed 2005 measures in each state were considered to be affected
trips.
There is very little information available to estimate empirically
how sensitive the affected party/charter vessel anglers might be to the
proposed fishing regulations, with the exception of states for which
the contribution of summer flounder, scup, and black sea bass to the
total catch by party/charter vessels is negligible (ME and NH) and DE,
for which results are suppressed for confidentiality purposes. If the
proposed measures discourage trip-taking behavior among some of the
affected anglers, economic losses may accrue to the party/charter
vessel industry in the form of reduced access fees. On the other hand,
if the proposed measures do not have a negative impact on the value or
satisfaction the affected anglers derive from their fishing trips,
party/charter revenues would remain unaffected by this action. In an
attempt to estimate the potential changes in gross revenues to the
party/charter vessel industry in each state, two hypothetical scenarios
were considered: A 25-percent reduction, and a 50-percent reduction, in
the number of fishing trips that are predicted to be affected by
implementation of the management measures in the NE (ME through NC) in
2005.
Total economic losses to party/charter vessels were then estimated
by multiplying the number of potentially affected trips in each state
in 2005, under the two hypothetical scenarios, by the estimated average
access fee paid by party/charter anglers in the NE in 2004. 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 2003 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 2005.
The MRFSS data indicate that anglers fished 33.94 million days in
2004 in the NE. In the NE, party/charter anglers comprised about 5
percent of the angler fishing days. The number of trips in each state
ranged from approximately 39,000 in CT to approximately 433,000 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
2004 ($38.93 per angler),
[[Page 12643]]
and the revenue impacts on individual vessels were estimated. The
analysis assumed that angler effort and catch rates in 2005 will be
similar to 2004.
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 90 percent of summer flounder and scup landings in 2003), 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 11.98 million lb (5,434 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 2005, relative to their 2004
landings (by 7 percent, 19 percent, and 6 percent, respectively). If
the preferred conservation equivalency alternative is effective at
achieving the recreational harvest limit, then it is likely to be the
only alternative that minimizes adverse economic impacts, to the extent
practicable, yet achieves the biological objectives of the FMP. Because
states have a choice, it is more rational (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)). Therefore, the precautionary default provision
that is included in the conservation equivalency proposal was not
analyzed as a stand-alone provision. The state-specific landings
reductions (relative to landings in these states in 2004) associated
with the precautionary default measures, consisting of an 18-inch
(45.7-cm) minimum fish size, a one-fish possession limit, and no closed
season, would range from 41 percent (DE) to 88 percent (NC).
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 2004 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 0.5
percent of the party/charter vessel trips in the NE.
Impacts of Scup Alternatives
The proposed action for scup would limit coastwide landings to 3.96
million lb (1,796 mt) and reduce landings by at least 9 percent
compared to 2004.
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 September 7 through November 30) , the no-action
alternative and the Council's preferred scup alternative, impacted
trips were defined as individual angler trips taken aboard party/
charter vessels in 2004 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 6, and December 1 through December 31. The analysis concluded
that the measures would affect 2.6 percent of party/charter vessel
trips in the NE.
For 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 November 30), the proposed
action, impacted trips were defined as individual angler trips taken
aboard party/charter vessels in 2004 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 December 1 through December 31. The analysis
concluded that the measures would affect 3.2 percent of party/charter
vessel trips in the NE.
For the non-preferred scup measures (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 12 through
September 30), impacted trips were defined as individual angler trips
taken aboard party/charter vessels in 2004 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
11, and October 1 through December 31. The analysis concluded that the
measures in this alternative would affect 3.8 percent of party/charter
vessel trips in the NE.
Impacts of Black Sea Bass Alternatives
The proposed action for black sea bass would limit coastwide
landings to 4.13 million lb (1,873 mt). For the preferred black sea
bass alternative (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), impacted trips were defined as individual
angler trips taken aboard party/charter vessels in 2004 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 Black Sea Bass Alternative 2 (a 12-inch (30.5-cm) minimum size,
a 25-fish possession limit, and an open season of January 1 through
September
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7, and September 22 through November 30), the no-action and non-
preferred alternative, impacted trips were defined as individual angler
trips taken aboard party/charter vessels in 2004 that landed at least 1
black sea bass smaller than 12 inches (30.5 cm), that landed more than
25 black sea bass, or that landed at least 1 black sea bass during the
period September 8 through September 21, and December 1 through
December 31. The analysis concluded that the measures would affect 0.2
percent of party/charter vessel trips in the NE.
For the non-preferred black sea bass measures considered in Black
Sea Bass Alternative 3 (a 12-inch (30.5-cm) minimum size, a 25-fish
possession limit, and an open season of January 1 through November 30),
impacted trips were defined as individual angler trips taken aboard
party/charter vessels in 2004 that landed at least 1 black sea bass
smaller than 12 inches (30.5 cm), that landed more than 25 black sea
bass, or that landed at least 1 black sea bass during the period of
December 1 through December 31. The analysis concluded that the
measures would affect 0.1 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 3 percent for
the combination of measures proposed under Summer Flounder Alternative
2, Scup Alternative 1, and Black Sea Bass Alternative 1 or 3; to a high
of 10.8 percent for the precautionary default measures for summer
flounder (considered in Summer Flounder Alternative 1) combined with
the measures proposed under Scup Alternative 3 and Black Sea Bass
Alternative 2.
Potential revenue losses in 2005 could differ for party/charter
vessels that land more than one of the regulated species. The
cumulative maximum gross revenue loss per vessel varies by the
combination of permits held and by state. All 18 potential combinations
of management alternatives proposed for summer flounder, scup, and
black sea bass are predicted to affect party/charter vessel revenues to
some extent in 9 of the 11 NE coastal states. Angler effort aboard
party/charter vessels in 2005 in ME and NH is not predicted to be
constrained (i.e., affected) by the proposed measures, thus party/
charter revenues for vessels operating in these states are not
estimated to be impacted. In addition, although potential losses were
estimated for party/charter vessels operating out of DE, these results
are suppressed for confidentiality purposes. Average party/charter
losses for federally permitted vessels operating in the remaining
states are estimated to vary considerably across the 18 combinations of
alternatives. For instance, in NY, average losses are predicted to
range from $1,917 per vessel under the combined effects of Summer
Flounder Alternative 2, Scup Alternative 1, and Black Sea Bass
Alternative 1, to $8,817 per vessel under the combined effects of the
summer flounder precautionary default (considered in Summer Flounder
Alternative 1), Scup Alternative 3, and Black Sea Bass Alternative 3
(assuming a 25-percent reduction in affected effort).
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 10, 2005.
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. 648.104, the first sentence of paragraph (b)(1) is
revised to read as follows:
Sec. 648.104 Gear restrictions.
* * * * *
(b) * * *
(1) Vessels issued a summer flounder moratorium permit, a summer
flounder small-mesh exemption area letter of authorization (LOA),
required under paragraph (b)(1)(i) of this section, and fishing from
November 1 through April 30 in the exemption area, which is east of the
line that follows 72[deg]30.0' W. long. until it intersects the outer
boundary of the EEZ (copies of a map depicting the area are available
upon request from the Regional Administrator). * * *
* * * * *
3. In Sec. 648.122, paragraph (g) is revised to read as follows:
Sec. 648.122 Season and area restrictions.
* * * * *
(g) Time restrictions. Vessels that are not eligible for a
moratorium permit under Sec. 648.4(a)(6), and fishermen subject to the
possession limit, may not possess scup, except from January 1 through
the last day of February, and from September 18 through November 30.
This time period may be adjusted pursuant to the procedures in Sec.
648.120.
4. In Sec. 648.123, the first sentence of paragraph (a)(5) is
revised to read as follows:
Sec. 648.123 Gear restrictions.
(a) * * *
(5) * * * The owner or operator of an otter trawl vessel retaining
500 lb (226.8 kg) or more of scup from November 1 through April 30, or
200 lb (90.7 kg) or more of scup from May 1 through October 31, and
subject to the minimum mesh requirements in paragraph (a)(1) of this
section, and the owner or operator of a midwater trawl or other trawl
vessel subject to the minimum size requirement in Sec. 648.122, may
not have available for immediate use any net, or any piece of net, not
meeting the minimum mesh size requirement, or mesh that is rigged in a
manner that is inconsistent with the minimum mesh size. * * *
* * * * *
5. 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 possess
black sea bass from January 1 through December 31, unless this time
period is adjusted pursuant to the procedures in Sec. 648.140.
[FR Doc. 05-5108 Filed 3-14-05; 8:45 am]
BILLING CODE 3510-22-S