[Federal Register: September 24, 2003 (Volume 68, Number 185)]
[Proposed Rules]
[Page 55283-55286]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se03-4]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 030912231-3231-01; I.D. 090403A]
RIN 0648-AR43
50 CFR Part 648
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; Framework Adjustment 3
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 measures contained in Framework Adjustment 3
(Framework 3) to the Summer Flounder, Scup, and Black Sea Bass Fishery
Management Plan (FMP) that would allow the rollover of unused
commercial scup quota from the Winter I period to the Winter II period,
and to change the regulations regarding the scup commercial quota
counting procedures.
DATES: Comments on this proposed rule must be received on or before
October 9, 2003.
ADDRESSES: Copies of the Framework 3 document, its Regulatory Impact
Review (RIR), the Initial Regulatory Flexibility Analysis (IRFA), the
Environmental Assessment, and other supporting documents for the
framework adjustment 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. Written
comments on the proposed rule should be sent to Patricia A. Kurkul,
Regional Administrator, NMFS, Northeast Regional Office, One Blackburn
Drive, Gloucester, MA 01930. Mark the outside of the envelope
``Comments on Framework 3.'' Comments may also be sent via facsimile
(fax) to (978) 281-9135. Comments will not be accepted if submitted via
e-mail or the Internet.
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 unit for scup (Stenotomus
chrysops), specified in the FMP, is defined as 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 commercial scup 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.
Scup was most recently assessed at the 35\th\ 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. SARC 35 indicated
that relative exploitation rates on scup have declined in recent years,
although the absolute value of the fishing mortality rate cannot be
determined because of a lack of reliable
[[Page 55284]]
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.
The Council has initiated this framework adjustment, pursuant to 50
CFR 648.127(a), to allow the commercial scup fishery to be more
efficient and to better achieve the management objectives of the FMP,
specifically regarding attainment of optimum yield from the scup
fishery. The Council intends to continue the management programs
detailed in the FMP and reduce overfishing and rebuild the scup stock.
The commercial scup fishery is managed under a system that
allocates the annual quota to three periods: Winter I, January-April
(45.11 percent); Summer, May-October (38.95 percent); and Winter II,
November-December (15.94 percent). During the Winter periods, the quota
is monitored on a coastwide basis. During the Summer period, the quota
is also monitored on a coastwide basis, but the Commission uses a
state-by-state allocation system to help manage the Federal quota. The
Federal commercial scup fishery is closed coastwide when the allocation
for a period is reached. In addition, any overages during a quota
period are subtracted from that period's allocation for the following
year. Any quota overages by a state during the Summer period (whether
or not the total Summer period quota is exceeded) are subtracted by the
Commission from the state's Summer period share the following year. The
current regulations do not allow for the transfer of quota between
periods within a fishing year. The final rule to implement the 2003
annual quota specifications (68 FR 60, January 2, 2003) established
possession limits of 15,000 lb (6,804 kg) per trip during Winter I and
1,500 lb (680 kg) during Winter II, and specified that the Winter I
possession limit be reduced to 1,000 lb (454 kg) per trip when 80
percent of the commercial quota allocated to that period is projected
to be harvested.
Quota Rollover From Winter I to Winter II
Framework 3 proposes a process, for years in which the full Winter
I commercial scup quota is not harvested, to allow unused quota from
the Winter I period to be added to the quota for the Winter II period.
During the development of this framework adjustment, the Council
considered and analyzed three alternatives for unused Winter I quota:
Taking no action, which would continue the current regulations without
the ability to transfer unused quota between periods (Alternative 1);
the proposed option (Alternative 2); and combining the Winter I and
Winter II quotas into a single quota spanning the two periods
(Alternative 3). A fourth option, to roll over unused quota from both
the Winter I and Summer periods into Winter II, was considered but
rejected for further analysis due to the impracticability of monitoring
the Summer period quota through the end of the Summer period,
calculating the amount of unused combined Winter I and Summer period
quota, if any, and effecting the quota rollover prior to the beginning
of the Winter II period. The proposed option was selected by the
Council because, under Alternative 1, regulatory discarding in Winter
II would continue to occur, and Alternative 3 introduces the risk that
the entire combined winter quota could be taken during Winter I,
resulting in no fishery during Winter II. Additionally, it may be
difficult to develop possession limits that would accommodate the
merged periods under Alternative 3. Alternative 2 is not associated
with any risk to the scup stock or stocks of other species, and should
provide economic and social benefits while meeting the objectives of
National Standard 1.
In addition, commercial possession limits for the Winter II period
would be adjusted, based on the amount of quota rolled over from the
Winter I period. It is the Council's intention that the quota rollover
and any necessary possession limit adjustments would be accomplished
via a notification of changes prior to the beginning of the Winter II
fishery.
For 2003, the Winter II quota is 1,979,689 lb (897,981 kg), and
preliminary Winter I landings information indicates that 2,203,751 lb
(999,605 kg) remain of the Winter I quota. Framework 3 proposes that
the entire amount of unused 2003 Winter I quota be transferred to
Winter II; assuming the transfer of 2,203,751 lb (999,605 kg), the
total Winter II quota would be 4,183,440 lb (1,897,576 kg). The amount
to be transferred will be updated in the final rule based on the latest
landings information for the 2003 Winter I period. In addition to the
quota transfer, Framework 3 proposes to increase the 2003 Winter II
possession limit to 4,000 lb (1,814 kg ) per trip. For 2004 and future
years, the Council will recommend Winter II possession limits, adjusted
as appropriate based on the amount rolled over from Winter I to Winter
II, as part of the annual commercial quota specification process.
Quota Counting Procedures
The distribution of scup is such that they are occasionally
available in nearshore (state) waters prior to the beginning of the
Summer period (May 1). The Commission has informed the Council and NMFS
that an addendum to the Interstate FMP will be prepared, in the event
of a Federal Winter I closure prior to April 15, to allow scup landed
April 15 through April 30 to be counted against the states' Summer
period quota allocation. State permit holders would be allowed to land
and sell scup to state and federally permitted dealers after April 15
and prior to the Federal opening of the Summer period on May 1, in
order to reduce discards. In order to effect the planned change to the
Commission allocation system, Framework 3 proposes a mechanism, for
years when the Winter I commercial scup quota is completely harvested
and the Winter I fishery is closed prior to April 15, and upon a
state's written request, to allow for commercial landings of scup by
state-only permitted vessels in said state that occur from April 15
through April 30 to be counted against the Summer period quota
allocation.
During the development of this framework adjustment, the Council
considered and analyzed two options for the quota counting procedures:
A no-action alternative, which would not allow these landings to be
counted against the Summer period quota, but would continue to require
that they be recorded as an overage to the Winter I period quota; and
the proposed option. The Council selected the proposed action because
it would not alter the current quota period or allocations, would
require only a minimal change to current Federal regulations, would
reduce the negative effects associated with harvest demand when scup
availability is high but landings are not allowed, and would not place
the scup stock or stocks of other species at risk.
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 reasons why this action is being considered, and the
objectives of and legal basis for this action are contained at the
beginning of this section in the preamble. The preamble to this
proposed rule also includes complete descriptions of the proposed, no
action, and other alternatives discussed here.
[[Page 55285]]
There are no new recordkeeping or reporting requirements proposed in
this rule. There are no relevant Federal rules that duplicate, overlap,
or conflict with this proposed rule. All vessels that would be impacted
by this proposed rulemaking are considered to be small entities;
therefore, there would be no disproportionate impacts between large and
small entities. A summary of the analysis follows:
The purpose of this framework is to better coordinate the timing of
the fishery's harvest potential with availability of the resource.
Under the no-action quota rollover alternative, the current allocation
system as specified in the FMP would remain unchanged, and any negative
economic impacts associated with it could persist. More specifically, a
portion of the annual quota allocated to Winter I may be left
unharvested, which would result in foregone economic opportunities to
the fishing industry. Additionally, the existing regulations require
that once the Winter II quota has been achieved, additional scup
captured by the fishery operating during that time of year be
discarded.
Allowing the transfer of unused scup quota from the Winter I period
to the Winter II period could potentially increase landings of scup
during the Winter II period. Applying the nominal average ex-vessel
price of scup for the 1998-2002 Winter II period of $0.80/lb, and
assuming the transfer of 2,203,751 lb (999,605 kg), the additional
amount of scup available for harvest during the 2003 Winter II period
would be valued at $1.763 million. If this increase in revenue is
equally distributed among the 213 vessels that landed scup during the
2002 Winter II period, then overall ex-vessel gross revenues could
increase by $8,277 per vessel. However, as it is possible that the
average price for scup during Winter II may decrease, given the
potential increase in scup landings, the estimate of the increase to
ex-vessel gross revenues most likely represents an upper limit.
The proposed Winter II possession limit for 2003 of 4,000 lb (1,814
kg) per trip is not expected to impact the scup fishery negatively. In
fact, the increased possession limit may have positive impacts by
providing the market a regular product supply, and avoiding market
gluts and price fluctuations.
It is expected that the proposed action regarding quota rollover
from Winter I to Winter II would reduce social burdens associated with
early closures that may occur under the current system for managing
scup. It is expected that this alternative would have a positive impact
on the ports and communities associated with the vessels participating
in this fishery.
The impacts of the combination of Winter I and Winter II into one
period are expected to be similar to those for the proposed action.
However, it is possible that the entire quota could be harvested during
Winter I. If this were to occur, fishermen would not be able to fish
for scup during the Winter II period, potentially disrupting product
supply, increasing discards, and contributing to price fluctuations, as
well as severely constraining fishing opportunities for those fishermen
that depend upon access to the Winter II quota period fishery. The
proposed action would provide the maximum economic benefit to the
fishing industry by ensuring that any unused Winter I period scup quota
would be made available in the Winter II period.
Federal Northeast permit data indicate that there were 878 vessels
with scup commercial permits in 2001. This action would affect only how
certain landings are attributed, and would not affect the ability of
vessels holding only a state permit to land and sell scup during a
Federal closure.
The preferred quota counting procedures alternative would not
affect overall scup landings, as total landings would continue to be
restricted to the annual commercial quota. It is possible that, if the
Winter I fishery were closed and inshore fishermen were allowed to land
and sell scup, scup prices could increase. However, given the short
length of time that inshore fishermen would have to land any scup
harvested during a Winter I closure, i.e., April 15 through April 30,
it is not expected that the scup price would be significantly affected.
Nevertheless, selling scup harvested by inshore fisheries prior to May
1 during a Winter I closure would likely provide economic and social
benefits to inshore fisheries. It is possible that the preferred
alternative could result in the Summer period quota being harvested
earlier. This would depend on the amount of the summer quota, numbers
of fishermen that may participate in an early summer fishery, and/or
the amount of scup that could potentially be landed after April 15 and
prior to May 1 in the event of a Winter I closure. However, due to lack
of information on these factors, this cannot be analyzed in detail.
List of Subjects in 50 CFR Part 648
Fishing, Fisheries, Reporting and recordkeeping requirements.
Dated: September 17, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated 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. 648.120, paragraphs (b)(2), (b)(4), and (c) are
revised; paragraph (d)(3) is redesignated as paragraph (d)(4) and the
introductory text is revised; and new paragraphs (d)(3) and (d)(5) are
added to read as follows:
Sec. 648.120 Catch quotas and other restrictions.
* * * * *
(b) * * *
(2) Landing limits for the Winter I and Winter II periods,
including landing limits that result from potential rollover of quota
from Winter I to Winter II. The possession limit is the maximum
quantity of scup that is allowed to be landed within a 24-hour period
(calendar day).
* * * * *
(4) All scup landed for sale in any state during a quota period
shall be applied against the coastwide commercial quota for that
period, regardless of where the scup were harvested, except as provided
in paragraph (d)(5) of this section.
* * * * *
(c) Annual fishing measures. The Demersal Species Committee shall
review the recommendations of the Scup Monitoring Committee. Based on
these recommendations and any public comment, the Demersal Species
Committee shall recommend to the MAFMC measures necessary to assure
that the specified exploitation rate will not be exceeded. The MAFMC's
recommendation must include supporting documentation, as appropriate,
concerning the environmental and economic impacts of the
recommendations. The Regional Administrator shall review these
recommendations and any recommendations of the Commission. After such
review, NMFS will publish a proposed rule to implement a commercial
quota in the Federal Register, specifying the amount of quota allocated
to each of the three periods, landings limits for the Winter I and
Winter II periods, including landing
[[Page 55286]]
limits that result from potential rollover of quota from Winter I to
Winter II, the percentage of landings attained during the Winter I
fishery at which the landing limits will be reduced, a recreational
harvest limit, and additional management measures for the commercial
fishery. If the Regional Administrator determines that additional
recreational measures are necessary to assure that the specified
exploitation rate will not be exceeded, he or she will publish a
proposed rule in the Federal Register to implement additional
management measures for the recreational fishery. After considering
public comment, the Regional Administrator will publish a final rule in
the Federal Register to implement annual measures.
(d) * * *
(3) The Regional Administrator will monitor the harvest of
commercial quota for each quota period based on dealer reports, state
data, and other available information and shall determine the total
amount of scup landed during the Winter I period. If, in any year that
the Regional Administrator determines that the landings of scup during
Winter I are less than the Winter I quota for that year, he/she shall
increase, through publication of a notification in the Federal
Register, provided such rule complies with the requirements of the
Administrative Procedure Act, the Winter II quota for that year by an
amount not to exceed the amount of the Winter I underharvest. The
Regional Administrator shall also adjust, through publication of a
notification in the Federal Register, the Winter II landing limits
consistent with the amount of the quota increase, based on the landing
limits established through the annual specifications-setting process.
(4) All scup landed for sale in any state during a quota period
shall be applied against the coastwide commercial quota for that
period, regardless of where the scup were harvested, except as provided
in paragraph (d)(5) of this section. Any current year landings in
excess of the commercial quota in any quota period will be deducted
from that quota period's annual quota in the following year as
prescribed below:
* * * * *
(5) If authorized by the Regional Administrator, and in a year in
which the Winter I fishery has been closed prior to April 15, scup
landed for sale from April 15 through April 30 by vessels issued a
state permit only and fishing exclusively within the waters of a state
may be counted against the Summer period quota. Requests to the
Regional Administrator to count scup landings in a state from April 15
through April 30 against the Summer period quota must be made by letter
signed by the principal state official with marine fishery management
responsibility and expertise, or his/her designee, and must be received
by the Regional Administrator no later than April 15. Within 10 working
days following receipt of the letter, the Regional Administrator shall
notify the appropriate state official of the disposition of the
request.
* * * * *
[FR Doc. 03-24249 Filed 9-23-03; 8:45 am]
BILLING CODE 3510-22-S