[Federal Register: November 28, 2003 (Volume 68, Number 229)]
[Proposed Rules]
[Page 66784-66795]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28no03-32]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 031119283-3283-01; I.D. 110703A]
RIN 0648-AQ80
Fisheries of the Northeastern United States; Summer Flounder,
Scup, and Black Sea Bass Fisheries; 2004 Specifications; 2004 Research
Set-Aside Projects
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 specifications for the 2004 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 2004 summer flounder, scup, and black sea
bass fisheries. The intent of this action is to establish 2004 harvest
levels and other measures to attain the target fishing mortality (F) or
exploitation rates, as specified for these species in the FMP. In
addition, NMFS has conditionally approved three research projects for
the harvest of the quota that has been recommended by the Council to be
set aside for research purposes. In anticipation of receiving
applications for Experimental Fishing Permits (EFPs) to conduct this
research, the Assistant Regional Administrator for Sustainable
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator),
has made a preliminary determination that the activities authorized
under the EFPs issued in response to the approved Research Set-Aside
(RSA) projects would be consistent with the goals and objectives of the
FMP. However, further review and consultation may be necessary before a
final determination is made to issue any EFP.
DATES: Comments on this proposed rule must be received on or before
December 15, 2003.
ADDRESSES: Copies of the specifications document, including the
Environmental Assessment, Regulatory Impact Review, and Initial
Regulatory Flexibility Analysis (EA/RIR/IRFA) and other supporting
documents for the specifications are available from Daniel Furlong,
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,
Federal Building, 300 South Street, Dover, DE 19901-6790. The
specifications document is also accessible via the Internet at http://www.mafmc.org.
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--2004 Summer Flounder, Scup, and Black Sea Bass
Specifications.'' 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 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 (NC) northward to the
U.S./Canada border, and scup (Stenotomus chrysops) and black sea bass
(Centropristis striata) in U.S. waters of the Atlantic Ocean from
35[deg]13.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton,
NC) northward to the U.S./Canada border. 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 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 Management Board (Board) then consider the Monitoring Committees'
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 4-7, 2003.
Explanation of Research Set-Aside
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 2004 fishing year, a Request for Proposals
was published in January 2003 to solicit research proposals based upon
the research priorities that were identified by the Council (68 FR
3864, January 27, 2003). The deadline for submission of proposals was
March 28, 2003. Three applicants were notified in August 2003 that
their research proposals had received favorable preliminary review. For
informational purposes, this proposed rule includes a statement
[[Page 66785]]
indicating the amount of quota that has been preliminarily set aside
for research purposes, as recommended by the Council and Board, and a
brief description of the three RSA projects. The RSA amounts 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 RSA amount to the
applicable TAL.
For 2004, three RSA projects have been conditionally approved by
NMFS, and are currently awaiting award by the NOAA Grants Office. The
total RSA quota, approved by the Council and Board, allocated for all
three projects are: 174,750 lb (79 metric tons (mt)) of summer
flounder; 160,000 lb (73 mt) of scup; 134,792 lb (61 mt) of black sea
bass; 281,250 lb (128 mt) of Loligo squid; and 297,750 lb (135 mt) of
bluefish.
The University of Rhode Island submitted a proposal to develop a
fishery-independent scup survey that utilizes unvented fish traps
fished on hard bottom areas in southern New England waters to
characterize the size composition of the scup population. Survey
activities would be conducted from May 1 through November 30, 2004, at
six rocky bottom study sites located offshore, where there is a minimal
scup pot fishery and no active trawl fishery. One vessel would conduct
the project. Sampling would occur off the coasts of Rhode Island and
southern Massachusetts. The RSA allocated for this project is 12,292 lb
(5.6 mt) of black sea bass and 40,000 lb (18 mt) of scup.
The National Fisheries Institute and Rutgers University submitted a
proposal to conduct a second year of work on the development/refinement
of a commercial vessel-based survey program in the Mid-Atlantic region
that tracks the migratory behavior of selected recreationally and
commercially important species. Information gathered during this
project would supplement the NMFS finfish survey databases and include
development of ways to better evaluate how seasonal migration of fish
in the Mid-Atlantic influences stock abundance estimates. One vessel
would conduct research trawl survey work in the Mid-Atlantic along six
offshore transects near Alvin, Hudson, Wilmington, Baltimore, and
Washington Canyons. Up to 16, 2-hour tows would be conducted among 10
sites along each transect from 45 to 225 fathoms (82 to 411 meters).
The Baltimore and Hudson Canyons transects would be surveyed in January
and May and all six transects would be surveyed in March. Additional
transects may be conducted if necessary. Approximately 20 vessels
operating from Rhode Island to North Carolina would participate in the
project over the period of January 1 through December 31, 2004. The RSA
allocated for the project is 74,750 lb (40 mt) of summer flounder;
120,000 lb (54 mt) of scup; 281,250 lb (128 mt) of Loligo squid; 51,000
lb (23 mt) of black sea bass; and 104,816 lb (48 mt) of bluefish.
The Cornell Cooperative Extension of Suffolk County, New York,
submitted a proposal to evaluate fish escapement from certain gear and
fish behavior of black sea bass, and is intended to enhance fishery
information relative to the black sea bass pot fishery in the Mid-
Atlantic region. With the use of experimental pots and underwater
video, various escape vent configurations would be investigated. The
project would also explore black sea bass mortality in pots left
fishing during closed periods. Additionally, a sea sampling and
dockside sampling program for black sea bass that supplements the NMFS
black sea bass tagging program would be implemented. One vessel would
conduct the project, and sampling would occur off Long Island, New
York, from April 1 through December 31, 2004. The RSA allocated for the
project is 71,500 lb (32 mt) of black sea bass.
Regulations under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) require publication of this
notification to provide interested parties the opportunity to comment
on applications for proposed EFPs.
Explanation of Quota Adjustments Due to Quota Overages
This proposed rule calculates commercial quotas based on the
proposed TALs and Total Allowable Catches (TACs) and the formulas for
allocation contained in the FMP. 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). 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, 2003; (2) landings from the period
November 1-December 31, 2002; and (3) late reported landings for the
period January 1-October 31, 2002.
Summer Flounder
The FMP specifies a target fishing mortality rate (F) of
Fmax, that is, the level of fishing that produces maximum
yield per recruit. The best available scientific information indicates
that, for 2004, Fmax for summer flounder is 0.26 (equal to
an exploitation rate of about 22 percent from fishing).
The status of the summer flounder stock is evaluated annually. The
most recent stock assessment, updated by the Northeast Fisheries
Science Center (NEFSC) Southern Demersal Working Group in June 2003,
indicated that the summer flounder stock is not overfished and
overfishing is not occurring, according to the definitions in the FMP.
This conclusion was derived from the fact that, in 2002, the estimated
total stock biomass of 124 million lb (56,246 mt) is 5 percent above
the biomass threshold of 117.3 million lb (53,200 mt) under which the
stock is considered overfished (\1/2\ Bmsy), and the
estimated F of 0.23 was below the FMP overfishing definition of
F=Fmax=0.26. In addition, spawning stock biomass (SSB) has
increased steadily from 20.5 million lb (9,303 mt) in 1993 to 93
million lb (42,185 mt) in 2002, the highest value in the time series.
Although the stock is no longer considered overfished, additional
rebuilding is necessary because the Magnuson-Stevens Act requires that
stocks be rebuilt to the level that produces maximum sustainable yield
on a continuing basis, i.e., 234.6 million lb (106,400 mt) for summer
flounder.
The Summer Flounder Monitoring Committee reviewed the stock status
and recommended a TAL of 28.2 million lb (12,791 mt), an increase of 21
percent relative to the 2003 TAL. The Monitoring Committee determined
that this TAL would have at least a 50-percent probability of achieving
the
[[Page 66786]]
Ftarget (0.26) that is specified in the FMP, if the 2003 TAL
and assumed discard levels are not exceeded. The TAL associated with
the target F is allocated 60 percent to the commercial sector and 40
percent to the recreational sector; therefore, the initial TAL would be
allocated 16.92 million lb (7,675 mt) to the commercial sector and
11.28 million lb (5,117 mt) to the recreational sector. The commercial
quota is then allocated to the coastal states based upon percentage
shares specified in the FMP.
The Council and Board adopted the Summer Flounder Monitoring
Committee's recommendation. The Council and Board also agreed to set
aside 174,750 lb (79.3 mt) of the summer flounder TAL for research
activities. After deducting the RSA, the TAL would be divided into a
commercial quota of 16.82 million lb (7,630 mt) and a recreational
harvest limit of 11.21 million lb (5,085 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 28.2-million lb (12,791-mt) TAL with
a 174,750-lb (79.3-mt) RSA, as recommended by the Council and Board.
The 11.21-million lb (5,085-mt) recreational harvest limit would be
allocated on a coastwide basis. The commercial quota would be allocated
to the states as shown in Table 1. Table 1 presents the allocations by
state, with and without the commercial portion of the 174,750-lb (79.3-
mt) RSA deduction. These state quota allocations are preliminary and
are subject to a reduction if there are overages of a state's 2003
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.--2004 Proposed Initial Summer Flounder State Commercial Quotas
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Commercial quota Commercial quota less RSA
State Percent share -----------------------------------------------------------------------
lb kg \1\ lb kg \1\
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ME............................................................ 0.04756 8,047 3,650 7,997 3,628
NH............................................................ 0.00046 78 35 77 35
MA............................................................ 6.82046 1,154,022 523,461 1,146,871 520,217
RI............................................................ 15.68298 2,653,560 1,203,647 2,637,117 1,196,188
CT............................................................ 2.25708 381,898 173,228 379,531 172,154
NY............................................................ 7.64699 1,293,871 586,896 1,285,853 583,259
NJ............................................................ 16.72499 2,829,868 1,283,620 2,812,332 1,275,665
DE............................................................ 0.01779 3,010 1,365 2,991 1,357
MD............................................................ 2.03910 345,016 156,498 342,878 155,528
VA............................................................ 21.31676 3,606,796 1,636,032 3,584,445 1,625,894
NC............................................................ 27.44584 4,643,836 2,106,430 4,615,059 2,093,377
-------------------
Total................................................. 100.00001 16,920,002 7,674,862 16,815,152 7,627,303
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\1\ Kilograms are as converted from pounds and do not add to the converted total due to rounding.
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, due to a lack of
reliable discard estimates and information regarding the length
composition of scup landings and discards. Scup SSB is increasing. The
NEFSC spring survey 3-year average (2001 through 2003) for scup SSB was
3.31 kg/tow, which is about 19 percent higher than the threshold that
defines the stock as overfished (2.77 kg/tow).
SARC 35 indicated that relative exploitation rates on scup have
declined in recent years, although the absolute value of F cannot be
determined. 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 for 2004 is 21 percent. The
FMP specifies that the TAC associated with a given exploitation rate be
allocated 78 percent to the commercial sector and 22 percent to the
recreational sector. 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 2004 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 2004 are based
on an exploitation rate of 21 percent. NMFS believes that the long-term
risks associated with the disapproved rebuilding plan are not
[[Page 66787]]
applicable to the proposed specifications since they apply only for one
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 2004 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 Monitoring Committee reviewed the available data in making
its recommendation to the Council. The Scup Monitoring Committee
recommended a scup TAC of 13.15 million lb (5,965 mt), and a TAL of
11.0 million lb (4,990 mt), i.e., a 33-percent reduction from the 2003
TAL. The Council and Board rejected the Monitoring Committee's TAC and
TAL recommendations, and instead adopted an 18.65-million lb (8,460-mt)
TAC and a 16.5-million lb (7,484-mt) TAL (i.e., the same amounts as
implemented in 2003). The reduction proposed by the Monitoring
Committee was in response to lower survey biomass index in the spring
2003 survey than in the spring 2002 survey. However, the reference
point measure specified in the FMP is a three-year moving average of
the survey biomass index rather than a single index data point. The
rationale of the Council and the Board for the rejection of the
Monitoring Committee recommendation was based on a comparison of the
three-year moving average biomass index calculated this year (3.31 kg/
tow) compared with the index value calculated last year (3.30 kg/tow).
Because the value for 2001 through 2003 is slightly higher than the
value for 2000 through 2002, the Council did not support a
recommendation for a 33-percent decrease in the scup quota. NMFS is
proposing to implement the Council's and Board's TAC/TAL recommendation
because it is considered likely to achieve the 21-percent exploitation
rate that is required by the FMP.
Using the sector allocation specified in the FMP (commercial--78
percent; recreational--22 percent), the Council's recommendation would
result in a commercial TAC of 14.55 million lb (6,600 mt) and a
recreational TAC of 4.10 million lb (1,860 mt). Using the same
commercial and recreational discard estimates used for the 2003
specifications (i.e., 2.08 million lb (943 mt) for the commercial
sector, and 70,000 lb (32 mt) for the recreational sector), the Scup MC
recommendation would result in an initial commercial TAL of 12.47
million lb (5,656 mt) and recreational harvest limit of 4.03 million lb
(1,828 mt). The Council and Board also agreed to set aside 160,000 lb
(73 mt) of the scup TAL for research activities. The TAL, after
deducting the 160,000-lb (73-mt) RSA, would result in a commercial
quota of 12.35 million lb (5,600 mt) and a recreational harvest limit
of 3.99 million lb (1,812 mt).
NMFS is proposing to retain the current Winter period possession
limits of 15,000 lb (6.8 mt) for Winter I (January-April), with a
reduction to 1,000 lb (454 kg) when 80 percent of the Winter I quota is
projected to be harvested, and 1,500 lb (680 kg) for Winter II
(November-December). Public comments are requested on these proposed
measures.
The final rule to implement Framework 3 to the FMP (68 FR 62250,
November 3, 2003) implemented 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 rolled over to the quota for the Winter
II period. In any year that NMFS determines that the landings of scup
during Winter I are less than the Winter I quota for that year, NMFS
will, through a notification in the Federal Register, increase the
Winter II quota for that year by the amount of the Winter I
underharvest, and adjust the Winter II possession limits consistent
with the amount of the quota increase, based on the possession limits
presented in Table 2.
Table 2.--Potential Increase in Winter II Possession Limits Based on the Amount of Scup Rolled Over From Winter I to Winter II Period
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Winter II possession limit Rollover from Winter I to Winter II Increase in initial Final Winter II
----------------------------------------------------------------------------------------------------- Winter II possession possession limit after
limit rollover from Winter I
-------------------------- to Winter II
lb kg lb mt -------------------------
lb kg lb kg
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1,500......................................... 680 0-499,999 0-227 0 0 1,500 680
1,500......................................... 680 500,000-999,999 227-454 500 227 2,000 907
1,500......................................... 680 1,000,000-1,499,999 454-680 1,000 454 2,500 1134
1,500......................................... 680 1,500,000-1,999,999 680-907 1,500 680 3,000 1361
1,500......................................... 680 2,000,000-2,500,000 907-1,134 2,000 907 3,500 1587
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Table 3 presents the 2004 commercial allocation recommended by the
Council with, and without, the 160,000-lb (73-mt) RSA deduction. These
2004 allocations are preliminary and may be subject to downward
adjustment due to 2003 overages in the final rule implementing these
specifications, using the procedures for calculating overages described
earlier.
Table 3.--2004 Proposed Initial Total Allowable Catch, Commercial Scup Quota, and Possession Limits, in lb (kg)
----------------------------------------------------------------------------------------------------------------
Commercial
Period Percent TAC Discards Commercial quotas less Possession
quota RSA limits
----------------------------------------------------------------------------------------------------------------
Winter I........ 45.11 6,563,505 938,288 5,625,217 5,568,920 \1\ 15,0001
(2,977,186) (425,605) (2,551,582) (2,526,045) (6,804)
Summer.......... 38.95 5,667,225 810,160 4,857,065 4,808,455 (\3\)
(2,570,636) (367,486) (2,203,150) (2,181,101) ..............
[[Page 66788]]
Winter II....... 15.94 2,319,270 331,522 1,987,718 1,967,825 1,500
(1,052,014) (150,391) (901,623) (892,600) (680)
-----------------
Total \2\... 100.00 14,550,000 2,080,000 12,470,000 12,345,200 ..............
(6,599,837) (943,482) (5,656,355 (5,599,745) ..............
----------------------------------------------------------------------------------------------------------------
\1\ The Winter I landing limit would drop to 1,000 lb (454 kg) upon attainment of 80 percent of the seasonal
allocation.
\2\ Totals subject to rounding error.
\3\ Not applicable.
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.
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 during the effective periods (January 1 through March 15 for
the Southern GRA, and November 1 through December 31 for the Northern
GRA).
For 2003, the Council recommended allowing vessels to fish for non-
exempt species with small mesh in the GRAs, provided they use specially
modified trawl nets, and carry observers, consistent with Atlantic
Coastal Cooperative Statistics Program observer standards. Instead,
NMFS implemented an alternative program (the GRA Exemption Program),
requiring 100-percent observer coverage for all vessels fishing with
small mesh for non-exempt species in the GRAs, using the modified gear.
This alternative imposed significantly fewer administrative and
enforcement complexities, and was intended to provide more data to
evaluate the effectiveness of the gear modifications (68 FR 60, January
2, 2003).
Since the final rule for the 2003 fishing year, the Council has
reviewed a number of analyses conducted by Council staff and others and
noted that in some years the distribution of Loligo squid and scup
overlapped, increasing the potential for scup discards. However, they
were concerned that Loligo squid fishermen would be restricted from
areas and during times when Loligo squid and scup did not co-occur. As
such, the Council recommended a GRA Access Program, patterned after the
program used to provide access to sea scallops in the groundfish closed
areas in 1999 through 2001, that would allow small mesh fisheries to
occur in the GRAs until a pre-determined level of scup discards was
reached to trigger a closure to small mesh gear. The triggers for the
Northern and Southern GRA would be 50,000 lb (22.68 mt) and 70,000 lb
(31.75 mt) of scup discards, respectively. These were chosen by the
Council as appropriate levels to indicate that discards had become
significant and that the areas should be closed to small mesh
fisheries. The Council recommended that the NMFS Northeast Fisheries
Science Center determine the level of observer coverage necessary to
provide an accurate estimate of scup discards with a high confidence
level.
The Council recommended the following requirements of the GRA
Access Program:
(1) All qualified vessels that wish to participate in the GRA
Exemption Program must enroll in the program and obtain a Letter of
Authorization from the Regional Administrator;
(2) All participating vessels must have installed on board an
operational vessel monitoring system (VMS) unit;
(3) A vessel planning to fish in the GRAs must submit a report
through the VMS e-mail messaging system of its intention to fish in the
GRA prior to the 25th of the month before the month in which the
anticipated trip(s) are to be taken. The report must include the
following information: Vessel name and permit number; owner and
operator's names; owner and operator's phone numbers; and number of
trips anticipated in the GRA during the month;
(4) In addition to the above advance notice for accessing the GRA,
for the purpose of randomly selecting vessels to carry a NMFS-certified
observer, a vessel must notify NMFS of its intention to fish in the GRA
at least 5 working days prior to the date it intends to depart on each
trip into a GRA. For each of these reports, vessels must submit the
following information: Vessel name and permit number; owner and
operator's names; owner and operator's phone numbers; date and time of
departure; port of departure; and the specific GRA to be fished;
(5) A vessel which does not have a valid Coast Guard Inspection
Sticker is deemed inadequate or unsafe for purposes of carrying a NMFS-
certified observer and will be prohibited from participating in the
Area Access Program until the vessel is inspected by the Coast Guard
and receives its inspection sticker;
(6) On the day that the vessel leaves port to fish under the GRA
Access Program, the vessel owner or operator must declare the vessel
into the GRA Access Program through the VMS prior to leaving port;
(7) The vessel owner will be responsible for paying the cost of the
observer; and
(8) The GRA Access Program for each area would end when the discard
of scup was projected to be 50,000 lb (22.68 mt) for the Northern GRA
and 70,000 lb (31.75 mt) for the Southern GRA. Termination of the GRA
Access Program for each area will be made through notification in the
Federal Register.
The Council recommended that once the triggers are reached and the
GRAs are closed to small mesh fishermen, the existing GRA Exemption
Program (described at 68 FR 60) resume.
NMFS proposes to implement the Council's recommendations regarding
access to the GRAs as described above, with the exception of the
resumption of the GRA Exemption program once a
[[Page 66789]]
discard trigger is met, the requirement to notify NMFS of the intention
to fish in the GRA the month before the month in which the anticipated
trip(s) are to be taken, and the random selection of vessels to carry a
NMFS-certified observer. NMFS maintains that the purpose of the GRA
Access Program should be to record data regarding the use and
effectiveness of gear modifications employed by the participating
vessels in attempts to reduce scup bycatch, and also to monitor scup
discards so that the GRA Access Program can be discontinued when the
trigger is reached. Also, because the trigger amount involves only scup
that are discarded, only limited information must be collected under
the GRA Access Program. The Northeast Fisheries Science Center has
recommended that NMFS utilize individuals to serve as ``scup GRA
monitors,'' rather than NMFS-certified observers as required under the
current regulations, to collect data on scup discards. A similar system
exists for monitoring in the Atlantic sea scallop fishery. NMFS
proposes that approved scup GRA monitors be placed on 100 percent of
the vessels that participate in the GRA Access program. NMFS is seeking
comment on the implementation of the proposed GRA Access Program and
the use of NMFS-approved scup GRA monitors.
Black Sea Bass
Black sea bass was last assessed in June 1998 at SARC 27, which
indicated that the species was overexploited and at a low biomass
level. However, the best available current information on stock status
indicates that the stock has increased in recent years and is no longer
overfished. The SSB estimate for 2003 (using a 3-year moving average of
2001-2003) is 0.509 kg/tow, about 30 percent higher than the 2000-2002
average of 0.391 kg/tow.
For 2004, the target exploitation rate for black sea bass is 25
percent. The Black Sea Bass Monitoring Committee reviewed the stock
status and the projections based upon these data and recommended that
the TAL for 2004 be set at 8 million lb (3,629 mt), an increase of
almost 18 percent relative to the 2003 TAL. The FMP specifies that the
TAL associated with a given exploitation rate be allocated 49 percent
to the commercial sector and 51 percent to the recreational sector;
therefore, the initial TAL would be allocated 3.92 million lb (1,778
mt) to the commercial sector and 4.08 million lb (1,851 mt) to the
recreational sector. The Council and Board adopted this TAL, indicating
that it would achieve the 25-percent exploitation rate, and agreed to
set aside 134,792 lb (61 mt) for research activities. After deducting
the RSA, the TAL would be divided into a commercial quota of 3.86
million lb (1,751 mt) and a recreational harvest limit of 4.01 million
lb (1,819 mt). The Council and Board recommended that all other
measures remain unchanged. NMFS proposes to implement the 8.0-million
lb (3,629-mt) TAL with a 134,792-lb (61-mt) RSA, as recommended by the
Council and Board. The final rule to implement Amendment 13 to the FMP
(68 FR 10181, March 4, 2003) established an annual (calendar year)
coastwide quota for the commercial black sea bass fishery to replace
the quarterly quota allocation system.
Classification
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Council prepared an Initial Regulatory Flexibility Analysis
(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 rule. This proposed rule does not
duplicate, overlap, or conflict with other Federal rules. A copy of the
complete IRFA can be obtained from the Northeast Regional Office of
NMFS (see ADDRESSES) or via the Internet at http:/www.nero.nmfs.gov. A
summary of the analysis follows.
The economic analysis assessed the impacts of the various
management alternatives. In the EA, the no action alternative is
defined as follows: (1) No proposed specifications for the 2004 summer
flounder, scup, and black sea bass fisheries would be published; (2)
the indefinite management measures (minimum sizes, bag limits,
possession limits, permit and reporting requirements, etc.) would
remain unchanged; (3) there would be no quota set-aside allocated to
research in 2004; (4) the existing GRA regulations would remain in
place for 2004; and (5) there would be no specific cap on the allowable
annual landings in these fisheries (i.e., there would be no quota).
Implementation of the no action alternative would be inconsistent with
the goals and objectives of the FMP, its implementing regulations, and
the Magnuson-Stevens Act. In addition, the no action alternative would
substantially complicate the approved management program for these
fisheries, and would very likely result in overfishing of the
resources. Therefore, the no action alternative is not considered to be
a reasonable alternative to the preferred action.
Alternative 1 consists of the harvest limits proposed by the
Council and Board for summer flounder, scup, and black sea bass.
Alternative 2 consists of the most restrictive quotas (i.e., lowest
landings) considered by the Council and the Board for all of the
species. Alternative 3 consists of the least restrictive quotas (i.e.,
highest landings) considered by the Council and Board for all three
species. Although Alternative 3 would result in higher landings for
2004, it would also likely exceed the biological targets specified in
the FMP.
First, a preliminary adjusted quota was calculated by deducting the
RSA from the TAL. Then, the preliminary commercial quota overages for
the 2003 fishing year were deducted from the initial 2004 quota
alternatives. The quota overages were calculated according to the
procedures described earlier, using available data as of September
2003. The resulting preliminary adjusted commercial quotas alternatives
presented in Table 4 are provisional and may be further adjusted in the
final rule implementing the 2004 specifications.
Table 4.--Comparison of the Alternatives of Quota Combinations Reviewed
[In million lb]
----------------------------------------------------------------------------------------------------------------
2004
2003 Preliminary 2004
2004 initial 2004 RSA Commercial adjusted Preliminary
TAL quota overage commercial recreational
quota* harvest limit
----------------------------------------------------------------------------------------------------------------
Quota Alternative 1 (Preferred)
----------------------------------------------------------------------------------------------------------------
Summer Flounder Preferred *28.20 0.17 0.05 16.77 11.21
Alternative....................
Scup Preferred Alternative 16.50 0.16 0.00 12.35 3.99
(Status quo)...................
[[Page 66790]]
Black Sea Bass Preferred 8.00 0.13 0.00 3.86 4.01
Alternative....................
---------------------------------
Quota Alternative 2 (Most Restrictive)
-------------------------------------------------
Summer Flounder................. 23.30 0.17 0.05 13.83 9.25
Scup Alternative 2.............. 11.00 0.16 0.00 8.06 2.78
Black Sea Bass Alternative 2 6.80 0.13 0.00 3.27 3.40
(Status Quo)...................
---------------------------------
Quota Alternative 3 (Least Restrictive)
-------------------------------------------------
Summer Flounder Alternative 3... 30.10 0.17 0.05 17.91 11.97
Scup Alternative 3.............. 22.00 0.16 0.00 16.64 5.20
Black Sea Bass Alternative 3.... 8.90 0.13 0.00 4.30 4.47
----------------------------------------------------------------------------------------------------------------
* Note that preliminary quotas are provisional and may change to account for overage of the 2003 quotas.
Table 5 presents the percent change associated with each of
commercial quota alternatives (adjusted for overages and RSA) compared
to the final adjusted quotas for 2003.
Table 5.--Percent Change Associated With Adjusted Commercial Quota Alternatives Compared to 2003 Adjusted Quota
----------------------------------------------------------------------------------------------------------------
Total changes including overages and RSA
-----------------------------------------------------
Quota Quota
Quota alternative 2 alternative 3
alternative 1 (most (least
(preferred) restrictive) restrictive)
----------------------------------------------------------------------------------------------------------------
Summer Flounder
----------------------------------------------------------------------------------------------------------------
Aggregate Change.......................................... +21.30 *+0.03 +29.55
-----------------------------------------------------------
Scup
----------------------------------------------------------------------------------------------------------------
Aggregate Change.......................................... *+2.07 -33.39 +37.52
-----------------------------------------------------------
Black Sea Bass
----------------------------------------------------------------------------------------------------------------
Aggregate Change.......................................... +28.24 *+8.64 +42.86
----------------------------------------------------------------------------------------------------------------
* Denotes status quo management measures. The status quo or ``no action'' measure for summer flounder, scup,
and black sea bass refers to what most likely will occur in the absence of implementing the proposed
regulation.
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. The
categories of small entities likely to be affected by this action
include commercial and charter/party vessel owners holding an active
Federal permit for summer flounder, scup, or black sea bass, as well as
owners of vessels that fish for any of these species in state waters.
The Council estimates that the proposed 2004 quotas could affect 2,122
vessels that held a Federal summer flounder, scup, and/or black sea
bass permit in 2002. However, the more immediate impact of this rule
will likely be felt by the 1,041 vessels that actively participated
(i.e., landed these species) in these fisheries in 2002.
The Council estimated the total revenues derived from all species
landed by each vessel during calendar year 2002 to determine a vessel's
dependence and revenue derived from a particular species. This estimate
provided the base from which to compare the effects of the proposed
quota changes from 2003 to 2004.
The Council's analysis of the harvest limits in Alternative 1
(Preferred Alternative) indicated that these harvest levels would
produce a revenue increase for 1,036 commercial vessels that are
expected to be impacted by this rule. The remaining 5 vessels, which
landed scup only, were projected to incur small revenue losses (i.e.,
less than 5 percent) due to the decrease in the adjusted scup quota. No
vessels were expected to have revenue losses of greater than 5 percent.
The Council also analyzed changes in total gross revenue that would
occur as a result of the quota alternatives. Assuming 2002 ex-vessel
prices (summer flounder--$1.51/lb; scup--$0.66/lb; and black sea bass--
$1.73/lb), the 2004 quotas in Preferred Alternative 1 (after overages
have been applied) would increase total summer flounder, scup, and
black sea bass revenues by approximately $4.4 million, $165,000, and
$1.5 million, respectively, relative to 2003 revenues.
Assuming that the total ex-vessel gross revenue associated with the
Preferred Alternative for each fishery is
[[Page 66791]]
distributed equally among the vessels that landed that species in 2002,
the average increase in gross revenue per vessel associated with the
preferred quota would be $5,585 for summer flounder, $331 for scup, and
$1,998 for black sea bass. The number of vessels landing summer
flounder, scup, and black sea bass in 2002 was 796, 499, and 736,
respectively.
The overall increase in gross revenue associated with the three
species combined in 2004 compared to 2003 is approximately $6.1 million
(assuming 2002 ex-vessel prices) under the Preferred Alternative. If
this amount is distributed equally among the 1,041 vessels that landed
summer flounder, scup, and/or black sea bass in 2002, the average
increase in revenue would be approximately $5,842 per vessel.
The Council's analysis of the harvest limits of Alternative 2
(i.e., the most restrictive harvest limits) indicated that these
harvest limits would produce a revenue increase for 371 commercial
vessels, primarily because a large proportion of their revenues were
derived from black sea bass, and a revenue loss for the other 670
commercial vessels expected to be impacted by this rule. Assuming 2002
ex-vessel prices as described above, the 2004 quotas in Alternative 2
(after overages have been applied) would increase total summer flounder
and black sea bass revenues by approximately $6,600 and $400,000,
respectively, and decrease total scup revenues by approximately $2.7
million, relative to 2003 revenues.
Assuming that the total ex-vessel gross revenue associated with
Alternative 2 is distributed equally among the vessels that landed that
species in 2002, the average change in gross revenue per vessel
associated with Alternative 2 would be an $8 increase for summer
flounder, a $5,343 decrease for scup, and a $611 increase for black sea
bass. The number of vessels landing summer flounder, scup, and black
sea bass in 2002 was 796, 499, and 736, respectively.
The overall reduction in gross revenue associated with the three
species combined in 2004 compared to 2003 is approximately $2.2 million
(assuming 2002 ex-vessel prices) under Alternative 2. If this amount is
distributed equally among the 1,041 vessels that landed summer
flounder, scup, and/or black sea bass in 2002, the average decrease in
revenue would be approximately $2,123 per vessel.
The Council's analysis of the harvest limits of Alternative 3
(i.e., the least restrictive harvest limits) indicated that these
harvest limits would produce a revenue increase for all 1,041
commercial vessels. Assuming 2002 ex-vessel prices as described above,
the 2004 quotas in Alternative 3 (after overages have been applied)
would increase total summer flounder, scup, and black sea bass revenues
by approximately $6.2 million, $3.0 million, and $2.2 million,
respectively, relative to 2003 revenues.
Assuming that the total ex-vessel gross revenue associated with
Alternative 3 is distributed equally between the vessels that landed
that species in 2002, the average increase in gross revenue per vessel
associated with Alternative 3 would be $7,748 for summer flounder,
$6,005 for scup, and $3,032 for black sea bass. The number of vessels
landing summer flounder, scup, and black sea bass in 2002 was 796, 499,
and 736, respectively.
The overall increase in gross revenue associated with the three
species combined in 2004 compared to 2003 is approximately $11.4
million (assuming 2002 ex-vessel prices) under Alternative 3. If this
amount is distributed equally among the 1,041 vessels that landed
summer flounder, scup, and/or black sea bass in 2002, the average
increase in revenue would be approximately $10,947 per vessel.
The Council also prepared an analysis of the alternative
recreational harvest limits. The 2004 recreational harvest limits were
compared with previous years through 2002, the most recent year with
complete recreational data.
Landing statistics from the last several years show that
recreational summer flounder landings have generally exceeded the
recreational harvest limits, ranging from a 5-percent overage in 1993
to a 122-percent overage in 2000. In 2001, summer flounder recreational
landings were 11.64 million lb (5,280 mt), exceeding the harvest limit
of 7.16 million lb (3,248 mt) by 63 percent. In 2002, recreational
landings were 7.96 million lb (3,611 mt), 18 percent below the
recreational harvest limit of 9.72 million lb (4,409 mt).
For summer flounder, the adjusted 2004 preferred recreational
harvest limit of 11.21 million lb (5,085 mt) in Alternative 1 would be
greater than the recreational harvest limits for the years 1993 through
2003. The adjusted summer flounder Alternative 2 recreational harvest
limit of 9.25 million lb (4,196 mt) (the status quo alternative) would
be less than 1 percent lower than the 2003 recreational harvest limit,
and represents a 16-percent increase from 2002 recreational landings.
The adjusted Alternative 3 recreational harvest limit of 11.97 million
lb (5,430 mt) would be a 29-percent increase from the 2003 recreational
harvest limit, and represents a 50-percent increase from 2002 landings.
If Alternative 1, 2, or 3 is chosen, it is possible that more
restrictive management measures may be required to prevent anglers from
exceeding the 2004 recreational harvest limit, depending upon the
effectiveness of the 2003 recreational management measures. More
restrictive regulations could affect demand for party/charter boat
trips. However, party/charter activity in the 1990s has remained
relatively stable, so the effects may be minimal. Currently, neither
behavioral or demand data are available to estimate how sensitive
party/charter boat anglers might be to proposed fishing regulations.
Overall, it is expected that positive social and economic impacts would
occur as a result of the 21-percent increase in the recreational
harvest limit, relative to 2003. The Council intends to recommend
specific measures to attain the 2004 summer flounder recreational
harvest limit in December 2003, and will provide additional analysis of
the measures upon submission of its recommendations in early 2004.
Scup recreational landings declined over 89 percent for the period
1991 to 1998, then increased by 517 percent from 1998 to 2000. In 2002,
recreational landings were 3.62 million lb (1,642 mt). Under Preferred
Alternative 1 (the status quo alternative), the adjusted scup
recreational harvest limit for 2004 would be 3.99 million lb (1,810
mt), less than 1 percent lower than the 2003 recreational harvest
limit, and represents a 10-percent increase from 2002 recreational
landings. The Alternative 2 scup recreational harvest limit of 2.78
million lb (1,261 mt) for 2004 would be 31 percent less than the 2003
recreational harvest limit, and 23 percent less than 2002 recreational
landings. The Alternative 3 scup recreational harvest limit of 5.20
million lb (2,359 mt) in 2004 would be an increase of 30 percent from
the 2003 recreational harvest limit and an increase of 44 percent from
2002 recreational landings. With Alternative 2, and possibly
Alternative 1, more restrictive management measures might be required
to prevent anglers from exceeding the 2003 recreational harvest limit,
depending largely upon the effectiveness of the 2003 recreational
management measures. As described above for the summer flounder
fishery, the effect of greater restrictions on scup party/charter boats
is unknown at this time. Although the proposed recreational harvest
limit is approximately 20,000 lb (9.07 mt) less
[[Page 66792]]
than the adjusted limit for 2003, it is not likely that more effort
controls (e.g., bag limits) will be required to constrain 2004
recreational landings. Overall, positive social and economic impacts
are expected to occur as a result of the scup recreational harvest
limit for 2004. The Council intends to recommend specific measures to
attain the 2004 scup recreational harvest limit in December 2003, and
will provide additional analysis of the measures upon submission of its
recommendations early in 2004.
Black sea bass recreational landings increased slightly from 1991
to 1995. Landings decreased considerably from 1996 to 1999, and then
substantially increased in 2000. In 2001 and 2002, recreational
landings were 3.42 million lb (1,551 mt) and 4.46 million lb (2,023
mt), respectively. For the recreational fishery, the adjusted 2004
harvest limit under Alternative 1 is 4.01 million lb (1,558 mt), a 2-
percent increase from the 2003 recreational harvest limit and a 10-
percent decrease from 2002 recreational landings. Under Alternative 2,
the 2004 recreational harvest limit would be 3.40 million lb (1,542
mt), a less than 1-percent decrease from the 2003 recreational harvest
limit and a 23-percent decrease from 2002 recreational landings. As
such, this alternative could cause some negative economic impacts due
to decreased fishing opportunity, depending upon the effectiveness of
the 2002 recreational black sea bass measures. The 2004 recreational
harvest limit under Alternative 3 would be 4.47 million lb (2,027 mt),
a 30-percent increase from the 2003 recreational harvest limit and a
less than 1-percent decrease from 2002 recreational landings.
Alternative 3 would likely result in positive economic impacts on the
recreational fishery because of an increase in fishing opportunities.
The Council intends to recommend specific measures to attain the 2004
black sea bass recreational harvest limit in December 2003, and will
provide additional analysis of the measures upon submission of its
recommendations early in 2004. Overall, positive social and economic
impacts are expected to occur as a result of the preferred black sea
bass recreational harvest limit for 2004.
The costs and benefits of allowing small mesh experimental nets to
fish in the GRAs under the GRA Exemption Program were described in the
proposed rule (67 FR 70904, November 27, 2002) and the final rule (68
FR 60, January 2, 2003) implementing the 2003 specifications. Those
impacts are not repeated here. These costs and benefits could also be
realized under the proposed 2004 GRA Access Program. The costs would
include gear changes to accommodate mesh modifications and fees for at-
sea observer coverage; the benefits would be derived from an increase
in Loligo squid landings. Thus, positive economic impacts on the Loligo
squid fishery would be expected relative to the GRA measure without the
small mesh experimental net provision. However, in order to participate
in the 2004 GRA Access Program, vessels would have to comply with new
requirements that are analyzed below.
All vessels participating in the GRA Access Program must have
installed on board an operational VMS unit. VMS is a comprehensive
information system that serves as an important enforcement and catch
monitoring tool, and has been in place in New England for the past
several years for Atlantic sea scallops, Northeast multispecies, and
Atlantic herring. In New England, this type of system has been employed
to replace the Days-at-Sea call-in system, provide accurate location
data, and provide information used in other analyses. VMS requirements
are located at 50 CFR 648.9.
It is estimated that the initial maximum cost of a VMS to vessel
owners will be approximately $5,000 to $6,000 per vessel. The annual
maintenance fee for the VMS system is approximately $1,800 per vessel.
Based on the number of vessels that had directed Loligo squid trips
(i.e., greater than 50 percent of the total landings were Loligo squid)
in the GRAs (1996-1999) it is expected that up to 72 vessels may
participate in this program. The VMS monitoring system currently
employed by NMFS to monitor vessel activity for the Atlantic Sea
Scallop FMP, Northeast Multispecies FMP, and Atlantic Herring FMP is
expected to be sufficient to monitor additional vessel activity (up to
72 more vessels) proposed under the GRA Access Program. Therefore, the
implementation of the VMS system under the GRA Access Program is not
expected to increase government costs.
A survey of small Northeast fishing vessels (less than 65 feet in
length) whose primary gear was otter trawl and reported landings in New
England indicated that average total operating cost per trip for small
trawlers in 1996 was $267. A survey of large Northeast fishing vessels
(greater than 65 feet in length) whose primary gear was otter trawl and
reported landings in New England in 1997 indicated that the average
total operating cost per trip for large trawlers in 1997 was $2,608.
For both surveys, trip expenses were divided into eight categories
(fuel, oil, ice, food and water, lumpers fees, supplies, consignment
fees, and other expenses). More detail on the surveys is presented in
Amendment 13 to the Summer Flounder, Scup, and Black Sea Bass FMP.
The utilization of the proposed VMS system under the GRA Access
Program may substantially increase operating costs and decrease profits
for vessels that elect to participate in the program. Nevertheless,
participation in this program is not mandatory and it is expected that
individual vessels will assess changes in costs and revenues to their
operations before they participate in this program. If a vessel owner
chooses to participate in the program, it is likely that the additional
costs of carrying an observer and using the modified gear would be
offset by increased landings of non-exempt species (Loligo squid,
silver hake (whiting), and black sea bass). As such, an increase in
Loligo landings relative to 2003 would have positive economic impacts
on the Loligo fishery, relative to the status quo. However, it is not
possible to assess the exact monetary value associated with the
additional harvest because quantitative data on these nets are limited.
The cost of one at-sea observer day for a NMFS-certified observer
is approximately $1,150, which would be paid by the vessel owner
intending to fish in the GRAs. Fishing trips to the Southern GRA are
expected to last approximately 4 days, and trips to the Northern GRA
are expected to last approximately 3 days. Therefore, the total
observer costs are estimated to be $4,600 and $3,450 for trips in the
Southern and Northern GRAs, respectively. The observer costs would be
in addition to operating costs. 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 GRA would be
most likely to recoup any increased operating costs due to their
greater harvest capacity. The observer requirement is anticipated to
impose a larger negative impact on the profits of vessels fishing in
the Northern GRA given the average ex-vessel value of Loligo in
directed trips, as described above. However, as described above,
because only limited information must be collected under the GRA Access
Program, NMFS is
[[Page 66793]]
proposing to use approved scup GRA monitors rather than NMFS-certified
observers. This likely would reduce the costs associated with data
collection for each participating vessel. 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 (i.e., greater than 50
percent 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 100-percent observer requirement 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.
The proposed (status quo) commercial scup possession limits for
Winter I (15,000 lb (6.8 mt) per trip) and Winter II (1,500 lb (680 kg)
per trip) 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. The proposed Winter I possession limit
was selected specifically to coordinate with the 15,000 lb (6.8 mt) per
week possession limits recommended by the Commission to be implemented
by most states while satisfying concerns about enforcement of
possession limits. Changes in possession limits can impact
profitability in various ways. These impacts would vary depending on
fishing practices. These possession limits are expected to constrain
commercial landings to the commercial TAL, and distribute landings
equitably throughout the periods to avoid derby-style fishing effort
and associated market gluts. According to anecdotal information
potential price fluctuations occur as result of irregular supply. The
recommended possession limits for Winter I would allow fishermen to
determine when the best time for them to fish and further help to avoid
market gluts and unsafe fishing practices. Because the Council
determined that the status quo scup possession limits minimize negative
economic impacts on the industry, alternatives to the proposed
possession limits were not analyzed.
The final rule to implement Framework 3 to the FMP (68 FR 62250,
November 3, 2003) implemented 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 rolled over to the quota for the Winter
II period. In any year that NMFS determines that the landings of scup
during Winter I are less than the Winter I quota for that year, NMFS
will, through a notification in the Federal Register, increase the
Winter II quota for that year by the amount of the Winter I
underharvest, and adjust the Winter II possession limits consistent
with the amount of the quota increase, based on the possession limits
established through the annual specifications-setting process.
Framework 3 allows for the transfer of unused scup quota from
Winter I to Winter II period. A complete description and impact
analysis of the provision allowing the rollover of unused quota from
Winter I to Winter II period is found in Framework 3. Overall it is
anticipated that allowing the transfer of unused quota from Winter I to
Winter II period will result in positive economic and social impacts to
fishermen and communities as quota not landed in Winter I due to poor
weather conditions, changes in the distribution of scup, or market
conditions (i.e., low price) will not be lost. In addition, any scup
regulatory discards which have occurred in Winter II (i.e., when the
fishery closes early) can be converted into landings.
The summer flounder RSA allocation in the Preferred Alternative, if
made available to the commercial fishery, could be worth as much as
$263,873 dockside, based on a 2002 ex-vessel price of $1.51/lb.
Assuming an equal reduction in fishing opportunity among all active
vessels (i.e., the 796 vessels that landed summer flounder in 2002),
this could result in a loss in potential revenue of approximately $331
per vessel. Changes in the summer flounder recreational harvest limit
as a result of the 174,750-lb (79-mt) RSA are not expected to be
significant. The RSA would reduce the recreational harvest limit from
11.28 million lb (5,117 mt) to 11.21 million lb (5,085 mt). It is
unlikely that the recreational possession, size, or seasonal limits
would change as the result of the RSA allocation.
The scup RSA allocation in the Preferred Alternative, if made
available to the commercial fishery, could be worth as much as $105,600
dockside, based on a 2002 ex-vessel price of $0.66/lb. Assuming an
equal reduction in fishing opportunity for all active commercial
vessels (i.e., the 499 vessels that landed scup in 2002), this could
result in a loss of potential revenue of approximately $212 per vessel.
Changes in the scup recreational harvest limit as a result of the RSA
allocation would be insignificant. The 160,000-lb (73-mt) RSA would
reduce the scup recreational harvest limit from 4.03 million lb (1,828
mt) to 3.99 million lb (1,812 mt). It is unlikely that scup
recreational possession, size, or seasonal limits would change as the
result of the RSA allocation.
The black sea bass RSA allocation in the Preferred Alternative, if
made available to the commercial fishery, could be worth as much as
$233,190 dockside, based on a 2002 ex-vessel price of $1.73/lb.
Assuming an equal reduction in fishing opportunity for all active
commercial vessels (i.e., the 736 vessels that caught black sea bass in
2002), this could result in a loss of approximately $317 per vessel.
Changes in the black sea bass recreational harvest limit as a result of
the RSA allocation would be insignificant. The 134,792-lb (61-mt) RSA
would reduce the black sea bass recreational harvest limit from 4.08
million lb (1,851 mt) to 4.01 million lb (1,819 mt). It is unlikely
that the black sea bass possession, size, or seasonal limits would
change as the result of this RSA allocation.
Overall, long-term benefits are expected as a result of the RSA
program due to improved fisheries data and information. 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 2004 commercial quotas and recreational harvest
limits contained in the Preferred Alternative would result in
substantially higher summer flounder and black sea bass landings and a
small increase in scup landings, relative to 2003. 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 were chosen in part because
they are intended to provide for economically viable fishing trips that
will be equitably distributed over the entire quota period.
[[Page 66794]]
The economic effects of the existing GRAs will not change as a
result of this proposed rule. The proposed action would allow small-
mesh vessels to fish for non-exempt species in the GRAs until a pre-
determined level of scup discards is reached to trigger a closure to
small mesh 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
intent of the observer coverage is to record data regarding the use and
effectiveness of any gear modifications employed by the observed
vessels in attempts to reduce scup bycatch, and also to monitor scup
discards so that the GRA Exemption Program can be discontinued when the
trigger is reached.
Finally, the revenue decreases associated with the RSA program are
expected to be minimal, and are expected to yield important long-term
benefits associated with improved fisheries data. It should also be
noted that fish harvested under the RSAs would be sold, and the profits
would be used to offset the costs of research. As such, total gross
revenue to the industry would not decrease if the RSAs are utilized.
This proposed rule contains collection-of-information requirements
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). These requirements have been submitted to OMB for approval.
Public reporting burden for these collections of information, including
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information, is estimated to average 5 seconds per
response for automatically-transmitted data from a VMS (transmitted 24
times per day), 10 minutes per response for the daily transmission of
discard data collected by the scup GRA monitor, 2 minutes per response
for a request for GRA authorization, 2 minutes for a notification at
least 5 days prior to departing on a fishing trip to a GRA, and 2
minutes for a report declaring into the fishery on the day the vessel
leaves port to fish under the GRA Access Program.
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; 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 by e-mail to David_Rostker@omb.eop.gov, or fax to (202) 395-7285.
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 21, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.14, 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).
3. In Sec. 648.122, paragraphs (a)(1), (b)(1), and (d) are revised
to read as follows:
Sec. 648.122 Time 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 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]25'
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 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):
[[Page 66795]]
Northern Gear Restricted Area I
------------------------------------------------------------------------
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 valid required Federal
fishery permits and a Scup GRA Access Program Authorization issued by
the Regional Administrator, Northeast Region, and is in compliance with
all conditions and restrictions specified in the Scup GRA Access
Program Authorization;
(2) The vessel carries a NMFS-approved scup GRA monitor on board if
any portion of the trip will be, or is, in a GRA;
(3) The vessel has installed on board an operational VMS unit that
meets the requirements specified in Sec. 648.9;
(4) In addition to the above advance notice for accessing a GRA, a
vessel owner or operator must notify NMFS of his/her intention to fish
in the GRA at least 5 working days prior to the date he/she intends to
depart on each trip into a GRA. For each of these reports, a vessel
owner or operator must submit the following information: Vessel name
and permit number; owner and operator's names; owner and operator's
phone numbers; date and time of departure; port of departure; and the
specific GRA to be fished;
(5) On the day that the vessel leaves port to fish under the GRA
Access Program, the vessel owner or operator must declare the vessel
into the GRA Access Program, in accordance with instructions to be
provided by the Regional Administrator prior to the vessel leaving
port;
(6) The owner or operator of a vessel with a GRA Access
Authorization submit reports through the VMS, in accordance with
instructions to be provided by the Regional Administrator, for each day
fished when declared into the GRA Access Program. The reports must be
submitted in 24-hour intervals, for each day beginning at 0000 hours
and ending at 2400 hours. The reports must be submitted by 0900 hours
of the following day and must include the following information:
(i) Total pounds/kilograms of scup discarded.
(ii) [Reserved]
(7) A vessel which does not have a valid Coast Guard Inspection
Sticker is deemed inadequate or unsafe for purposes of carrying a NMFS-
approved GRA monitor and will be prohibited from participating in the
GRA Access Program until the vessel is inspected by the Coast Guard and
receives its inspection sticker;
(8) The vessel owner will be responsible for paying the cost of the
GRA monitor; and
(9) The GRA Access Program for each GRA will end when the discard
of scup is projected to be 50,000 lb (22.68 mt) for the Northern GRA
and 70,000 lb (31.75 mt) for the Southern GRA. Termination of the GRA
Access Program for each area will be made through notification in the
Federal Register and notification of vessel operators by fax.
[FR Doc. 03-29598 Filed 11-26-03; 8:45 am]
BILLING CODE 3510-22-P