Fishery conservation and management: Summer flounder, scup, and black sea bass,
[Federal Register: November 27, 2002 (Volume 67, Number 229)]
[Proposed Rules]
[Page 70904-70915]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27no02-26]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.; I.D. 110602A]
RIN 0648-AQ30
Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2003 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
SUMMARY: NMFS proposes specifications for the 2003 summer flounder, scup, and black sea bass fisheries. The implementing regulations for the Fishery Management Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries (FMP) require NMFS to publish specifications for the upcoming fishing year for each of the species and to provide an opportunity for public comment. NMFS requests comment on proposed management measures for the 2003 summer flounder, scup, and black sea bass fisheries. The intent of this action is to establish allowed 2003 harvest levels and other measures to attain the target fishing mortality (F) or exploitation rates, as specified for these species in the FMP.
DATES: Public comments must be received (see ADDRESSES) no later than 5 p.m. eastern standard time on December 12, 2002.
ADDRESSES: Copies of supporting documents used by the Summer Flounder, Scup, and Black Sea Bass Monitoring Committees; the Environmental Assessment, Regulatory Impact Review, Initial Regulatory Flexibility Analysis (EA/RIR/IRFA); and the Essential Fish Habitat Assessment are available from Patricia A. Kurkul, Regional Administrator, Northeast Region, National Marine Fisheries Service, One Blackburn Drive,
[[Page 70905]]
Gloucester, MA 01930-2298. The EA/RIR/IRFA is also accessible via the Internet at http:/www.nero.nmfs.gov.
Written comments on the proposed specifications should be sent to Patricia A. Kurkul at the same address. Mark on the outside of the envelope, ``Comments--2003 Summer Flounder, Scup, and Black Sea Bass Specifications.'' Comments may also be sent via facsimile (fax) to (978) 281-9371. Comments will not be accepted if submitted via e-mail or the Internet.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, Fishery Policy Analyst, (978) 281-9104, 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 FMP 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]13.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, NC) northward to the U.S./Canada border. Implementing regulations for these fisheries are found at 50 CFR part 648, subparts A, G (summer flounder), H (scup), and I (black sea bass).
The regulations outline the process for specifying annually the catch limits for the summer flounder, scup, and black sea bass commercial and recreational fisheries, as well as other management measures (e.g., mesh requirements, minimum fish sizes, gear restrictions, possession restrictions, and area restrictions) for these fisheries. The measures are intended to achieve the annual targets set forth for each species in the FMP, specified either as an F rate or an exploitation rate (the proportion of fish available at the beginning of the year that are removed by fishing during the year). Once the catch limits are established, they are divided into quotas based on formulas contained in the FMP.
As required by the FMP, a Monitoring Committee (MC) for each species, made up of members from NMFS, the Commission, and both the Mid-Atlantic and New England Fishery Management Councils, is required to review annually the best available scientific information and to recommend catch limits and other management measures that will achieve the target F or exploitation rate for each fishery. The Council's Demersal Species Committee and the Commission's Summer Flounder, Scup, and Black Sea Bass Board (Board) then consider the MC's recommendations and any public comment and make their own recommendations. While the Board action is final, the Council's recommendations must be reviewed by NMFS to assure that they comply with FMP objectives. The Council and Board made their annual recommendations at a joint meeting held August 6-8, 2002.
Explanation of Research Set-Asides
In 2001, regulations were implemented under Framework Adjustment 1 to the FMP to allow up to 3 percent of the Total Allowable Landings (TAL) for each of the species to be set aside each year for scientific research purposes. For the 2003 fishing year, a Request for Proposals was published in March 2002 to solicit research proposals based upon the research priorities that were identified by the Council (67 FR 13602, March 25, 2002). The deadline for submission of proposals was May 13, 2002. Five applicants were notified in August 2002 that their research proposals had received favorable preliminary review. For informational purposes, this proposed rule includes a statement indicating the amount of quota that has been preliminarily set aside for research purposes. The quota set-asides may be adjusted in the final rule establishing the annual specifications for the summer flounder, scup, and black sea bass fisheries or, if the total amount of the quota set-aside is not awarded, NMFS will publish a notice in the Federal Register to restore the unused research set-aside amount to the applicable TAL.
Explanation of Quota Adjustments Due to Quota Overages
In 2002, NMFS published final regulations to implement a regulatory amendment (67 FR 6877, February 14, 2002) that revised the way in which the commercial quotas for summer flounder, scup, and black sea bass are adjusted if landings in any fishing year exceed the quota allocated (thus resulting in a quota overage). The FMP previously required that any landings in excess of a commercial quota allocation for a state or period in one year must be deducted from that state's or period's annual quota allocation for the following year. However, complete landings data for the year were not available until after the beginning of the subsequent fishing year. As a result, it was impossible to compile complete landings data for one fishing year, establish overages, and finalize adjustments for the following year prior to the start of the next fishing year on January 1. It was often necessary for NMFS to publish several quota adjustments over the course of the fishing year as additional landings data from the previous year became available. These frequent adjustments complicated the resource management efforts of state marine fisheries agencies and hampered efficient planning by commercial fishers.
NMFS established a cut-off date of October 31 for landings data to be used in calculating quota overages and making the resultant adjustments to the quotas for the following fishing year. Any additional overages due to landings occurring after October 31, or landings reported late, will be deducted from a state's (or period's) quota allocation the next year (i.e., 2 years later). This proposed rule calculates commercial quotas based on the proposed TALs and TACs and the formulas for allocation contained in the FMP. If NMFS approves a different TAL or TAC at the final rule stage, the commercial quotas will be recalculated based on the formulas in the FMP. Likewise, if new information indicates that overages have occurred and deductions are necessary, NMFS will publish notice of the adjusted quotas in the Federal Register. NMFS anticipates that the information necessary to determine whether overage deductions are necessary will be available by time of publication of the final rule to implement these specifications. The commercial quotas contained in this proposed rule for summer flounder, scup, and black sea bass do not reflect any deductions for overages. The final rule, however, will contain quotas that have been adjusted consistent with the procedures described above and contained in the regulatory amendment. Accordingly, landings information will be based upon: (1) Landings reported for the period January 1-October 31, 2002; (2) landings from the period November 1- December 31, 2001; and (3) late reported landings for the period January 1-October 31, 2001.
Summer Flounder
The FMP specifies a target F for 2003 of Fmax, that is, the level of fishing that produces maximum yield per recruit. The best available scientific information indicates that Fmaxis currently equal to
[[Page 70906]]
0.26 (equal to an exploitation rate of about 22 percent from fishing). The TAL associated with the target F is allocated 60 percent to the commercial sector and 40 percent to the recreational sector. The commercial quota is allocated to the coastal states based upon percentage shares specified in the FMP.
The status of the summer flounder stock is re-evaluated annually. The most recent assessment, updated by the Northeast Fisheries Science Center (NEFSC) Southern Demersal Working Group in June 2002, indicated that the summer flounder stock is overfished and overfishing is occurring, according to the definitions in the FMP. This conclusion was derived from the fact that, in 2001, the estimated total stock biomass of 94.6 million lb (42,900 metric tons (mt)) was below the biomass threshold of 117.3 million lb (53,200 mt) under which the stock is considered overfished (Bmsy), and the estimated F of 0.27 was marginally above the FMP overfishing definition of 0.26 (Fmax).
However, the F of 0.27 estimated for 2001 represents a significant decline since 1994, when F was estimated to be 1.32. Also, total stock biomass has increased substantially from below 39.7 million lb (18,008 mt) in 1989 to 94.6 million lb (42,900 mt) in 2001. Likewise, spawning stock biomass (SSB) has increased steadily from 20.51 million lb (9,303 mt) in 1993 to 84.21 million lb (38,192 mt) in 2001, the highest value in the time series. Projections based on assumptions about future landings, discards, and recruitment to the stock indicate that, if the 2002 TAL and projected discard level are not exceeded, total stock biomass will exceed, by December 31, 2002, the biomass threshold of 117.3 million lb (53,200 mt), below which the stock would be considered overfished. When the total stock biomass is above this biomass threshold, the stock will no longer be considered overfished, although it will still be below the 234.6 million lb (106,400 mt) necessary to produce maximum sustainable yield (Bmsy). Because the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) requires that stocks be rebuilt to the level that produces maximum sustainable yield (MSY), additional rebuilding of the stock will still be required.
The Summer Flounder MC reviewed the stock status and the projections based upon these data and made a TAL recommendation to achieve the target F. The Summer Flounder MC recommended a TAL of 23.3 million lb (10,569 mt), which would be allocated 13.98 million lb (6,341 mt) to the commercial sector and 9.32 million lb (4,227 mt) to the recreational sector. This TAL was determined by the MC to have a 50-percent probability of achieving the F target (0.26) that is specified in the FMP, if the 2002 TAL and assumed discard levels are not exceeded. Biomass estimates for 2002 are lower than had previously been estimated, due to a combination of: recreational landings that have consistently exceeded the harvest targets, lower recruitment in recent years, and to a possible underestimation of discards in stock forecasts. Therefore, because the biomass estimate is smaller than previously estimated, the maximum TAL that has at least a 50-percent probability of achieving the target F is lower. It is important to emphasize that the recommended TAL for 2003 is still considerably larger than the average TAL from 1995-2001 of 18.5 million lb.
The Council and Board reviewed the Summer Flounder MC's recommendation and adopted it. The Council and Board also agreed to set aside 91,163 lb (41.4 mt) of the summer flounder TAL for research activities. After deducting the research set-aside, the TAL would be divided into a commercial quota of 13.92 million lb (6,314 mt) and a recreational harvest limit of 9.28 million lb (4,209 mt).
In addition, the Commission is expected to maintain the voluntary measures currently in place to reduce regulatory discards that occur as a result of landing limits established by the states. The Commission established a system whereby 15 percent of each state's quota would be voluntarily set aside each year to enable vessels to land an incidental catch allowance after the directed fishery has been closed. The intent of the incidental catch set-aside is to reduce discards by allowing fishermen to land summer flounder caught incidentally in other fisheries during the year, while also ensuring that the state's overall quota is not exceeded. These Commission set-asides are not included in any tables in this document, because NMFS does not have authority to establish such subcategories.
NMFS proposes to implement the 23.3-million lb (10,569-mt) TAL with a 91,163-lb (41.4-mt) research set-aside, as recommended by the Council and Board. The 9.28-million lb (4,209-mt) recreational harvest limit is allocated on a coastwide basis. The commercial quota is allocated to the states as shown in Table 1. Table 1 presents the allocations by state, with and without the commercial portion of the 91,163-lb (41.4- mt) research set-aside deduction. These state quota allocations are preliminary and are subject to a reduction if there are overages of a state's 2002 quota (using the landings information and procedures described earlier). Any commercial quota adjustments will be published in the Federal Register in the final rule implementing these specifications.
Table 1. 2003 Proposed Initial Summer Flounder State Commercial Quotas
Commercial Quota
Commercial Quota with Percent -------------------------- Research Set-Aside State
Share
------------------------- lb
kg\1\
lb
kg\1\
ME
0.04756
6649
3,016
6,623
3,004 NH
0.00046
64
29
64
29 MA
6.82046 953,502 432,501 949,772 430,809 RI
15.68298 2,192,485 994,494 2,183,907 990,603 CT
2.25708 315,540 143,127 314,306 142,567 NY
7.64699 1,069,051 484,914 1,064,869 483,016 NJ
16.72499 2,338,158 1,060,571 2,329,010 1,056,421 DE
0.01779
2,487
1,128
2,477
1,124 MD
2.03910 285,067 129,304 283,951 128,798 VA
21.31676 2,980,089 1,351,746 2,968,429 1,346,457 NC
27.44584 3,836,936 1,740,405 3,821,924 1,733,596 Total
100.00 13,980,029 6,341,235 13,925,332 6,316,424
\1\ Kilograms are as converted from pounds and do not add to the converted total due to rounding.
[[Page 70907]]
Scup
Scup was most recently assessed at the 35th Northeast Regional Stock Assessment Review Committee (SARC 35) in June 2002. SARC 35 concluded that scup are no longer overfished, but stock status with respect to overfishing cannot currently be evaluated. Scup SSB is increasing. The NEFSC spring survey 3-year average (2000 through 2002) for scup SSB was 3.20 kg/tow, which is about 15 percent higher than the threshold that defines the stock as overfished (2.77 kg/tow of SSB). SARC 35 noted that the change in stock status (from overfished to not overfished) was the result of an extremely high survey observation in 2002 (8.94 kg/tow of SSB) and its contribution to the calculation of the 3-year moving average. However, SARC 35 also cautioned that the spring survey index for 2002 is highly uncertain because the abundance of all age groups in the survey increased substantially as compared with the 2001 results.
SARC 35 indicated that relative exploitation rates on scup have declined in recent years, although the absolute value of F cannot be determined because of a lack of reliable discard estimates and information regarding the length composition of scup landings and discards. Overall, most recent scup survey observations indicate strong recruitment and some rebuilding of age structure. SARC 35 noted that the stock can likely sustain modest increases in catch, but that such increases should be taken with due consideration of the uncertainties associated with the stock status determination.
The target exploitation rate for scup in 2003 is 21 percent. The total allowable catch (TAC) associated with a given exploitation rate is allocated 78 percent to the commercial sector and 22 percent to the recreational sector by the FMP. Scup discard estimates are deducted from both sectors' TACs to establish TALs for each sector (TAC less discards = TAL). The commercial TAL is then allocated on a percentage basis to three quota periods, as specified in the FMP: Winter I (January-April)--45.11 percent; Summer (May-October)--38.95 percent; and Winter II (November-December)--15.94 percent.
The proposed scup specifications for 2003 are based on an exploitation rate in the rebuilding schedule that was approved when scup was added to the FMP in 1996, prior to passage of the Sustainable Fisheries Act (SFA). Subsequently, to comply with the SFA amendments to the Magnuson-Stevens Act, the Council prepared Amendment 12, which proposed to maintain the existing rebuilding schedule for scup established by Amendment 8. On April 28, 1999, NMFS disapproved that rebuilding plan for scup because the rebuilding schedule did not appear to be sufficiently risk-averse. NMFS advised the Council that the exploitation rate reflects the overfishing definition (converted to an F rate) which is conceptually sound and supported by NMFS. Therefore, for the short term, the proposed scup specifications for 2003 are based on an exploitation rate of 21 percent which was found to be conceptually sound. NMFS believes that the long-term risks associated with the disapproved rebuilding plan are not applicable to the proposed specifications since they apply only for 1 fishing year and will be reviewed, and modified as appropriate, by the Council and NMFS annually. The scup stock has shown signs of significant rebuilding and is no longer overfished. It is, therefore, not necessary for 2003 to deviate from the specified exploitation rate. Furthermore, setting the scup specifications using an exploitation rate of 21 percent is a more risk-averse approach to managing the resource than not setting any specifications until the Council submits, and NMFS approves, a revised rebuilding plan that complies with all Magnuson-Stevens Act requirements.
The Scup MC reviewed the available data in making its recommendation to the Council. Given the uncertainty associated with the spring survey, the Scup MC used a new approach to develop a TAC recommendation. The stock is just above the overfished threshold and this indicates that it is at approximately Bmsy. Although MSY has not been calculated for scup, long-term potential catch (LTPC) has been used as a proxy. The NEFSC has indicated that the LTPC ranges from 22-33 million lb (9,979-14,969 mt), based upon historical catches. These results were corroborated with yield per recruit analysis indicating that the long-term average yield would be approximately 31 million lb (14,061 mt). If these MSY proxies are accurate, then yields at Bmsycould range from approximately 11-16.5 million lb (4,990-7,484 mt). SARC 35 indicated that the scup stock ``can likely sustain modest increases in catches, but managers should do so with consideration of high uncertainty in stock status determination.'' Given this advice, the Scup MC recommended that the TAL for 2003 be 13.5 million lb (6,123 mt), a value that is 25 percent above the 2002 TAL, yet within the range of yields that could be expected at Bmsy, as discussed above. Assuming the same level of discards in 2003 as used in 2002 (2.15 million lb (975 mt)), the Scup MC recommended a TAC of 15.65 million lb (7,099 mt).
Using the sector allocation specified in the FMP (commercial 78 percent; recreational--22 percent), the MC's recommendation would result in a commercial TAC of 10.08 million lb (4,572 mt) and a recreational TAC of 2.84 million lb (1,288 mt). Using the same commercial and recreational discard estimates used for the 2001 specifications (i.e., 2.08 million lb (943 mt) for the commercial sector, and 0.07 million lb (32 mt) for the recreational sector), the Scup MC recommendation would result in a commercial TAL of 8.0 million lb (3,629 mt) and a recreational harvest limit of 2.77 million lb (1,256 mt).
The Council and Board reviewed the Scup MC's recommendation, but did not adopt it. Instead, the Council and Board adopted an 18.65- million lb (8,459-mt) TAC and a 16.5-million lb (7,484-mt) TAL. This recommendation is 53 percent higher than the 2002 TAL. The Council and Board justified their recommendation by stating that, if scup biomass is approximately equal to Bmsy, then a 16.5-million lb (7,484-mt) TAL corresponds to 50 percent of the upper estimate of the scup LTPC, which is estimated to be 33 million lb (14,969 mt). This TAL recommendation is the upper limit of the range of yields that would be expected at Bmsy, the level at which the fishery is no longer considered overfished. The Council and Board also agreed to set aside 66,650 lb (30.2 mt) of the scup TAL for research activities. The TAL, after deducting the 66,650-lb (30.2-mt) research set-aside, would result in a commercial quota of 12.42 million lb (5,634 mt) and a recreational harvest limit of 4.01 million lb (1,819 mt).
NMFS is proposing to implement the Council's and Board's TAC and TAL recommendation because it is within the range of yields that could be expected at Bmsy. Given the lack of information regarding the status of the stock (i.e., status based solely upon the survey indices), this method of determining the TAC/TAL is reasonable. Traditional methods would have resulted in a much higher TAC/TAL. If scup abundance is increasing, as preliminarily signals indicate, the Council's TAC/TAL recommendation is likely to achieve the 21-percent exploitation rate that is required by the FMP.
[[Page 70908]]
Disapproval of Recommended Scup Winter I Possession Limit
To achieve the commercial quotas, the Council and Board recommended a 15,000-lb (6.8- mt) per week (Sunday through Saturday) landing limit for the scup Winter I quota period (January-April). NMFS is disapproving the Council's recommendation to implement a 15,000-lb (6.8-mt) per week landing limit for the Winter I quota period. NMFS' Office of Law Enforcement has indicated that a weekly landing limit would complicate, and possibly compromise, effective dockside monitoring and enforcement. With a weekly landing limit, multiple landings would have to be monitored for each vessel on a weekly basis. This would be an inefficient use of limited law enforcement resources and could jeopardize the effectiveness of the limit by eliminating the ability to assess dockside violations at the time of landing. The current possession limit provision is effective primarily because enforcement officers need only be present for one landing to assess a violation.
For the Winter I period, NMFS is proposing to retain the current 10,000-lb (4.5-mt) possession limit, with a reduction to 1,000 lb (454 kg) when 80 percent of the period's quota is projected to be harvested. Public comments are requested on this proposed measure.
For the Winter II quota period (November-December), the Council and Board recommended a 1,500-lb (680-kg) possession limit. NMFS is proposing to implement the recommended 1,500-lb (680-kg) Winter II possession limit.
The Council and Board did not recommend any other changes to the existing commercial minimum mesh size, minimum mesh threshold possession limit, or the commercial minimum fish size. Therefore, these management measures are proposed to remain unchanged.
The 2003 commercial allocation recommended by the Council is shown, by period, in Table 2. Table 2 presents the allocations with, and without, the 66,650-lb (30.2-mt) research set-aside deduction. These 2003 allocations are preliminary and may be subject to downward adjustment due to 2002 overages in the final rule implementing these specifications, using the procedures for calculating overages described earlier.
Table 2. 2003 Proposed Initial Commercial Scup Quota and Possession Limits
Commerical
Possession Limits
Quota ----------------------------------------
Period
Percent TAC\1\
Discards\2\ W/O Research With Research
Lb
Kg Set-Aside Set-Aside
Winter I
45.11 6,562,152
936,935 5,625,217 5,601,766 10,000\3\ 4,536 (2,976,542) (424,987) (2,551,555) (2,540,918) Summer
38.95 5,666,056
808,991 4,857,065 4,836,816
na\*\ na\*\ (2,570,080) (366,952) (2,203,128) (2,193,943) Winter II
15.94 2,318,792
331,074 1,987,718 1,979,431
1,500 680 (1,051,786) (150,173) (901,614) (897,855) Total\4\
100.00 14,547,000 2,077,000 12,470,000 12,418,013 .............. ....... (6,598,408) (942,111) (5,656,297) (5,632,716)
\1\ Total allowable catch, in pounds (kilograms in parentheses). \2\ Discard estimates, in pounds (kilograms in parentheses). \3\ The Winter I landing limit would drop to 1,000 lb (454 kg) upon attainment of 80 percent of the seasonal allocation. \4\ Totals subject to rounding error. \*\ n/a-Not applicable.
Scup Gear Restricted Areas (GRAs)--Request for Comments
In 2000, the 31st Stock Assessment Review Committee (SARC 31) emphasized the need to reduce scup mortality resulting from discards in the scup fishery and in other fisheries. In response to that recommendation, GRAs were established during the 2000 fishing year (65 FR 33486, May 24, 2000, and 65 FR 81761, Dec. 27, 2000) and modified for the 2001 fishing year (66 FR 12902, March 1, 2001). The GRAs prohibit trawl vessels from fishing for, or possessing, certain non- exempt species (Loligo squid, black sea bass and silver hake (whiting)) when fishing with mesh smaller than that required to fish for scup.
In the proposed rule for the 2002 fishing year specifications (66 FR 58097, November 20, 2001), NMFS disapproved a Council recommendation that would have allowed small-mesh vessels to fish for non-exempt species in the GRAs, if they used specially modified trawl nets (possessing an escapement extension of 45 meshes of 5.5-inch (13.97-cm) square mesh between the body of the net and the codend). NMFS disapproved the recommendation because the supporting research regarding the effectiveness of the modified trawl gear was not complete.
For the 2003 fishing year, the Council has again recommended allowing vessels to fish for non-exempt species with small mesh in the GRAs, provided they use specially modified trawl nets. In addition, however, the Council has recommended requiring vessels to carry observers, consistent with Atlantic Coastal Cooperative Statistics Program (ACCSP) observer standards.
NMFS has previously indicated that gear modifications are a potential solution to the scup bycatch problem, but that additional work is needed to obtain more information regarding the effectiveness of the modifications. Observed trips on vessels using modified trawl gear could provide such information. The ACCSP observer standards specify a certain level of observer coverage, generally less than 100 percent. To implement such a program, NMFS would likely need to require: (1) Pre-enrollment of all vessels intending to make trips into the GRAs; (2) declaration of the intended number of trips into the GRAs by each vessel; (3) notification from the vessels owner 5 days prior to the start of a trip; (4) issuance of waivers for trips not requiring an observer; and, possibly, (5) vessel monitoring systems (VMS) on board all participating vessels. These administrative and enforcement requirements preclude further consideration of this alternative at this time. Rather, NMFS proposes to implement an alternative requiring 100- percent observer coverage for all vessels fishing with small mesh for non-exempt
[[Page 70909]]
species in the GRAs, using the modified gear. This proposed alternative would impose significantly fewer administrative and enforcement complexities, and provide more data to evaluate the effectiveness of the gear modifications.
Specifically, NMFS is seeking comment through this proposed rule on an alternative whereby vessels fishing for non-exempt species (Loligo squid, black sea bass, and silver hake (whiting)) with mesh less than the minimum mesh size required to fish for scup (specified at Sec. 648.123) in the GRAs (described at Sec. 648.122) for any portion of a trip would be required to use modified trawl gear (possessing an escapement extension of 45 meshes of 5.5-inch (13.97-cm) square mesh between the body of the net and the codend), and would also be required to carry a NMFS-certified observer. An initial enrollment would be required through a phone call, and NMFS would issue a Letter of Authorization to each participating vessel. Obtaining and paying for the observer would be the responsibility of the participating vessel.
Implementation of the proposed alternative is contingent upon the availability of NMFS-trained and certified observers. Therefore, NMFS is currently working to ensure that a sufficient number of observers will be trained, certified, and available prior to the start of the GRAs on January 1, 2003. However, it is possible that all of the necessary components to implement successfully the proposed observer program may not be in place prior to the start of 2003. If implemented, NMFS intends to commence with the proposed Scup GRA Access Program as soon as practicable.
Black Sea Bass
Black sea bass was last assessed by the 27\th\ Northeast Regional Stock Assessment Review Committee (SARC 27), with results published in December 1998. SARC 27 indicated that black sea bass are overfished and at a low level of abundance. However, relative exploitation rates, based on the total commercial and recreational landings and the moving average of the log-transformed spring survey index (an index based on scientific sampling of the distribution and relative abundance), indicate a significant reduction in mortality from 1998 through 2001 relative to 1996 and 1997 levels.
Results of the spring trawl surveys conducted by the NEFSC indicate that the black sea bass stock size has increased in recent years. The 3-year moving average of exploitable biomass recorded by the NEFSC spring trawl survey for 2000 through 2002 (0.59 kg/tow) is 64 percent higher than the value recorded for 1999 through 2001 (0.36 kg/tow). The stock is currently at approximately 2/3 the level of abundance that defines an overfished stock (1977-1979 average of 0.9 kg/tow of exploitable biomass). In addition, black sea bass recruitment indices (fish 65 ft (19.8 m) in length) whose primary gear was otter trawl and who reported landings in New England in 1997 indicated that the average total operating cost per trip for large trawlers in 1997 was $2,608. The average ex-vessel value (1996-1999) of Loligo in directed trips in the Southern GRA is $24,013 and in the Northern GRA was $4,456. These values are based on the average landings of Loligo from 1996-1999 in the GRAs, and the average ex-vessel value (1996-1999) of Loligo, adjusted to 2001 dollars. Therefore, the requirement to carry at-sea observers would increase vessel operating costs. However, larger vessels fishing in the southern area would be most likely to recoup any increased operating costs. The observer requirement is anticipated to impose a larger negative impact on the profits of vessels fishing in the northern area. Individual vessels would need to assess changes in costs and revenues upon their operations before participating in the non-mandatory Scup GRA Access Program.
An analysis of Vessel Trip Report (VTR) data (1996-1999) indicates that, on average, 72 vessels had directed Loligo trips (50% of the total landings were Loligo) in the GRAs, for a total of 209 trips. Assuming that all of these vessels choose to fish the same number of trips in the GRAs, a 5-percent observer requirement (Council recommendation) would mean that approximately 11 trips would have to carry observers in the GRAs. A 100-percent observer requirement (NMFS proposal) would mean that approximately 209 trips would be required to carry observers in the GRAs. The actual total number of trips required to carry an observer would vary, depending upon the individual decisions of vessel owners regarding the potentially increased profitability of fishing in the GRAs versus additional observer costs.
In 2002, the black sea bass possession limits were 7,000 lb (3.2 mt) for Quarter 1, and 2,000 lb (907 kg) for Quarters 2 through 4. For 2003, the Commission adopted state-specific allocations for 2003. If Amendment 13 to the FMP is approved by January 1, 2003, a Federal coastwide quota will go into effect to facilitate the state quotas and there would be no Federal possession limits. Until Amendment 13 is implemented, a quarterly system will remain in effect for Federal permit holders. Because state-by-state measures were approved by the Board, and there is the possibility that Federal implementation will not occur by January 1, 2003, the Council adopted liberal possession limits of 5,000 lb (2.3 mt) for Quarters 2-4, so as not to constrain Federal permit holders from landing in states with different landings limits. The possession limits in Quarters 2-4 are not expected to result in an overharvest of the black sea bass
[[Page 70914]]
commercial quota, since states' management measures will control landings. Because of the states' ability to tailor management measures to the needs of their fisheries, the more liberal possession limits in Quarters 2-4 are expected to result in positive social and economic impacts relative to the status quo.
The current regulations for scup specify a 10,000-lb (4,536-kg) possession limit for Winter I and a 2,000-lb (907-kg) possession limit for Winter II. For 2003, the alternative adopted by the Council and Board includes a limit of 15,000 lb/week (6.8 mt/week) for Winter I and a possession limit of 1,500 lb (680 kg) for Winter II. The reduced possession limits are expected to constrain commercial landings to the commercial TAL and to distribute landings equitably throughout the periods to avoid derby-style fishing effort and associated market gluts. The Council and Board are recommending weekly possession limits for Winter I to allow fishermen to determine the best time for them to fish and to help avoid market gluts and unsafe fishing practices. These possession limits were chosen as an appropriate balance between the economic concerns of the industry (e.g., landing enough scup to make the trip economically viable) and the need to ensure the equitable distribution of the quota over the period. As such, the possession limits would be expected to result in positive social and economic impacts. However, due to serious enforcement concerns, NMFS is proposing to disapprove the recommendation for weekly possession limits and to retain the status-quo 10,000-lb (4,536 kg) possession limit for Winter I. This possession limit was successful at keeping the fishery open for the duration of the 2002 Winter I quota period, while nearly achieving the entire quota.
The impacts of the summer flounder research set-aside in the Preferred Alternative are expected to be as follows. The set-aside could be worth as much as $147,684 dockside, based on a 2001 ex-vessel price of $1.62 per pound. Assuming an equal reduction among all active vessels (i.e., 795 vessels that landed summer flounder in 2001), this could mean a reduction of about $186 per individual vessel. Changes in the summer flounder recreational harvest limit as a result of the 91,163-lb (43,619-kg) research set-aside are not expected to be significant. The research set-aside would reduce the recreational harvest limit from 9.32 million lb (4,227 mt) to 9.28 million lb (4,209 mt). It is unlikely that the recreational possession, size, or seasonal limits would change as the result of the research set-aside. Overall, long-term benefits are expected as a result of the research set-aside due to improved summer flounder data.
The impacts of the scup research set-aside in the Preferred Alternative are expected to be as follows. The set-aside could be worth as much as $55,986 dockside, based on a 2001 ex-vessel price of $0.84 per pound. Assuming an equal reduction for all active commercial vessels (i.e., 483 vessels that landed scup in 2001), this could mean a reduction of about $116 per vessel. Changes in the scup recreational harvest limit would be insignificant. The 66,650-lb (30,232-kg) research set-aside would reduce the scup recreational harvest limit from 4.03 million lb (1,828 mt) to 4.01 million lb (1,819 mt). It is unlikely that scup recreational possession, size, or seasonal limits would change as the result of the research set-aside. Overall, long- term benefits are expected as a result of the research set-aside due to improved scup data.
The impacts of the black sea bass research set-aside are expected to be as follows. The set-aside could be worth as much as $104,898 dockside, based on a 2001 ex-vessel price of $1.55 per pound. Assuming an equal reduction for all active commercial vessels (i.e., 740 vessels that caught black sea bass in 2001), this could mean a reduction of about $142 per vessel. Changes in the black sea bass recreational harvest limit would be minimal. The research set-aside would reduce the black sea bass recreational harvest limit from 3.46 million lb (1.57 million kg) to 3.43 million lb (1.55 million kg). It is unlikely that the black sea bass possession, size, or seasonal limits would change as the result of this research set-aside. Overall, long-term benefits are expected as a result of the research set-aside due to improved black sea bass data.
If the total amount of quota set-aside is not awarded for any of the three fisheries, the unused set-aside amount will be restored to the appropriate fishery's TAL.
In summary, the 2003 commercial quotas and recreational harvest limits contained in the Preferred Alternative would result in small decreases in summer flounder and black sea bass landings and substantially higher scup landings, relative to 2002. The proposed specifications contained in the Preferred Alternative were chosen because they allow for the maximum level of landings, yet still achieve the fishing mortality and exploitation targets specified in the FMP. While the commercial quotas and recreational harvest limits specified in Alternative 3 would provide for even larger increases in landings and revenues, they would not achieve the fishing mortality and exploitation targets specified in the FMP.
The proposed possession limits for scup and black sea bass were chosen because they are enforceable and are intended to provide for economically viable fishing trips that will be equitably distributed over the entire quota period.
The economic effects of the existing GRAs will not change as a result of this proposed rule. The alternative to allow small-mesh vessels to voluntarily fish for non-exempt species in the GRAs if they deploy modified trawl gear and carry a NMFS-certified observer is being proposed to give vessels an opportunity to fish with small-mesh trawl gear in the GRAs while providing much-needed data on the selectivity of the modified trawl gear. Although the Scup GRA Access Program does impose additional voluntary compliance and operating costs, this alternative is expected to minimize both the reporting burden on small entities and the administrative support required of NMFS to oversee the program. The Scup GRA Access Program will keep intact the scup conservation benefits associated with the GRAs, but provide important selectivity information that can be evaluated in future management decisions regarding the GRAs.
Finally, the revenue decreases associated with the research set- asides are expected to be minimal, and are expected to yield important long-term benefits associated with improved data. It should also be noted that fish harvested under the research set-asides would be sold. As such, total gross revenue to the industry would not decrease if the research set-asides are utilized.
This proposed rule contains a collection-of-information requirement subject to review and approval by OMB under the Paperwork Reduction Act (PRA). This requirement has been submitted to OMB for approval. Public reporting burden for this collection of information is estimated to average approximately 2 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
Public comment is sought regarding whether this proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;
[[Page 70915]]
the accuracy of the burden estimate; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information, including through the use of automated collection techniques or other forms of information technology. Send comments on these or any other aspects of the collection of information to Patricia A. Kurkul (see ADDRESSES), and to OMB at the Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503 (Attention: NOAA Desk Officer).
Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 22, 2002. Rebecca Lent, Deputy Assistant Administrator for Regulatory Programs, 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
-
The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
-
In Sec. 648.14, paragraph (a)(122) is revised to read as follows:
Sec. 648.14 Prohibitions.
(a) * * *
(122) Fish for, catch, possess, retain or land Loligo squid, silver hake, or black sea bass in or from the areas and during the time periods described in Sec. 648.122(a) or (b) while in possession of any trawl nets or netting that do not meet the minimum mesh restrictions or that are obstructed or constricted as specified in Sec. 648.122 and Sec. 648.123(a), unless the nets or netting are stowed in accordance with Sec. 648.23(b), or unless the vessel is in compliance with the Gear Restricted Area Access Program requirements specified at Sec. 648.122(d).
-
In Sec. 648.122, paragraphs (a)(1) and (b)(1) are revised, and paragraph (d)(1) is added to read as follows:
Sec. 648.122 Season and area restrictions.
(a) * * *
(1) Restrictions. From January 1 through March 15, all trawl vessels in the Southern Gear Restricted Area that fish for or possess non-exempt species as specified in paragraph (a)(2) of this section, except for vessels participating in the Gear Restricted Area Access Program that are fishing with modified trawl gear and carrying a NMFS- certified observer as specified in paragraph (d) of this section, must fish with nets that have a minimum mesh size of 4.5 inches (11.43 cm) diamond mesh, applied throughout the codend for at least 75 continuous meshes forward of the terminus of the net. For codends with fewer than 75 meshes, the minimum-mesh-size codend must be a minimum of one-third of the net, measured from the terminus of the codend to the headrope, excluding any turtle excluder device extension, unless otherwise specified in this section. The Southern Gear Restricted Area is an area bounded by straight lines connecting the following points in the order stated (copies of a chart depicting the area are available from the Regional Administrator upon request):
SOUTHERN GEAR RESTRICTED AREA
Point
N. Lat. W. Long.
SGA1
39[deg]20 72[deg]50 '
' SGA2
39[deg]20 72[deg]50 '
' SGA3
38[deg]00 73[deg]55 '
' SGA4
37[deg]00 74[deg]40 '
' SGA5
36[deg]30 74[deg]40 '
' SGA6
36[deg]30 75[deg]00 '
' SGA7
37[deg]00 75[deg]00 '
' SGA8
38[deg]00 74[deg]20 '
' SGA1
39[deg]20 72[deg]50 '
'
(b) * * *
(1) Restrictions. From November 1 through December 31, all trawl vessels in the Northern Gear Restricted Area I that fish for or possess non-exempt species as specified in paragraph (b)(2) of this section, except for vessels participating in the Gear Restricted Area Access Program that are fishing with modified trawl gear and carrying a NMFS- certified observer as specified in paragraph (d) of this section, must fish with nets that have a minimum mesh size of 4.5 inches (11.43 cm) diamond mesh, applied throughout the codend for at least 75 continuous meshes forward of the terminus of the net. For codends with fewer than 75 meshes, the minimum-mesh-size codend must be a minimum of one-third of the net, measured from the terminus of the codend to the headrope, excluding any turtle excluder device extension, unless otherwise specified in this section. The Northern Gear Restricted Area I is an area bounded by straight lines connecting the following points in the order stated (copies of a chart depicting the area are available from the Regional Administrator upon request):
NORTHERN GEAR RESTRICTED AREA 1
Point
N. Lat. W. Long.
NGA1
41[deg]00 71[deg]00 '
' NGA2
41[deg]00 71[deg]30 '
' NGA3
40[deg]00 72[deg]40 '
' NGA4
40[deg]00 72[deg]05 '
' NGA1
41[deg]00 71[deg]00 '
'
* * * * *
(d) Gear Restricted Area Access Program-Vessels that are subject to the provisions of the Southern and Northern Gear Restricted Areas, as specified in paragraphs (a) and (b) of this section, respectively, may fish for, or possess, non-exempt species using trawl nets having a minimum mesh size less than that specified in paragraphs (a) and (b) of this section, provided that:
(1) The vessel possesses on board all required Federal fishery permits and a Scup GRA Access Program Exemption Authorization issued by the Regional Administrator, Northeast Region, and is in compliance with all conditions and restrictions specified in the Scup GRA Access Program Exemption Authorization;
(2) The vessel must carry a NMFS-approved observer on board if any portion of the trip will be, or is, in a GRA; and,
(3) While fishing in a GRA, the vessel must fish only with a specially modified trawl net that has an escapement extension consisting of 45 meshes of 5.5-inch (13.97-cm) square mesh that is positioned behind the body of the net and in front of the codend.
[FR Doc. 02-30229 Filed 11-26-02; 8:45 am]
BILLING CODE 3510-22-S
