22350 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Proposed Rules 

The second alternative would set the 

gag bag limit to zero and thereby 

prohibit the recreational harvest of gag. 

When the Council requested the current 

temporary rule, it intended to allow 

some recreational harvest of gag in 2011 

and establish that level of harvest under 

the long-term management measures 

being developed in Amendment 32. 

However, because the rerun of the 

updated assessment was not completed 

and reviewed until January 2011, there 

is insufficient time to implement 

measures from Amendment 32 early 

enough in 2011 to meet the Council’s 

intent. 

The second alternative is the most 

conservative alternative. This 

alternative would reduce fishing 

mortality the most out of all the 

considered alternatives and therefore 

generate the greatest biological benefits 

to the gag stock. Although this 

alternative would not allow the 

recreational harvest of gag while the 

proposed interim rule is in effect, the 

number of dead discards would be 

reduced because no recreational fishing 

trips would be expected to target or be 

directed at gag. Because Florida adopted 

compatible regulations, this alternative 

would reduce the harvest sufficiently in 

2011 to be consistent with the Council’s 

rebuilding plan in Amendment 30B, as 

it would reduce removals between 58 

percent and 67 percent and, as such, 

end overfishing. If Florida had not 

adopted compatible regulations, the 

estimated reduction in removals would 

be between 43 percent and 61 percent, 

which would reduce but might not be 

sufficient to end overfishing. 

The third alternative would establish 

a recreational fishing season for gag of 

July 1, 2011, through August 15, 2011, 

and thus would allow for some 

recreational harvest of gag in 2011 as the 

Council intended when it requested the 

current interim rule. This alternative 

would establish a 46-day recreational 

fishing season, which is less than the 

61-day season under the proposed 

action. This alternative also minimally 

overlaps with the red snapper season, 

which begins on June 1. This alternative 

would provide for-hire vessels with a 

greater number of options when 

marketing summer trips. The expected 

reduction in removals under this 

alternative is between 49 percent and 60 

percent, and therefore might be 

sufficient to end overfishing. 

The Council heard public testimony 

regarding potential recreational seasons 

for gag at its February 2011 meeting. 

Participants in the recreational sector 

asked for either a summer or winter 

season depending on their geographic 

location. In general, recreational 

participants from Texas, southwest 

Florida, and central Florida favored a 

winter season, while recreational 

participants from other areas of the Gulf 

favored a summer season. In looking for 

a compromise, the Council 

recommended the proposed recreational 

season with no changes to the bag limit 

or size limit. The proposed recreational 

season would cover the end of the 

summer recreational fishing season and 

run through the beginning of the winter 

recreational fishing season. In addition, 

the estimated reductions in removals 

under the proposed recreational season 

are between 50 percent and 54 percent, 

which might be sufficient to end 

overfishing. 

This proposed temporary rule does 

not establish any new reporting, recordkeeping, or other compliance 

requirements. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: April 18, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 622 is proposed 

to be amended as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

1. The authority citation for part 622 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

§ 622.20 [Amended] 

2. In § 622.20, paragraph (b)(2)(iv)(A) 

is suspended. 

3. In § 622.34, paragraph (v) is 

removed and reserved and paragraph 

(w) is added to read as follows: 

§ 622.34 Gulf EEZ seasonal and/or area 

closures. 

* * * * * 

(w) Seasonal closure of the 

recreational sector for gag. The 

recreational sector for gag, in or from the 

Gulf EEZ, is closed from January 1 

through September 15 and November 16 

through December 31 each year. During 

the closure, the bag and possession limit 

for gag in or from the Gulf EEZ is zero. 

4. In § 622.42, paragraphs 

(a)(1)(iii)(A)(3) and (a)(1)(iii)(B)(3) are 

suspended and paragraphs 

(a)(1)(iii)(A)(4) and (a)(1)(iii)(B)(4) are 

added to read as follows: 

§ 622.42 Quotas. 

(a) * * * 

(1) * * * 

(iii) * * * 

(A) * * * 

(4) For fishing year 2011 and 

subsequent fishing years—5.16 million 

lb (2.34 million kg). 

(B) * * * 

(4) For fishing year 2011 and 

subsequent fishing years—430,000 lb 

(195,045 kg). 

* * * * * 

[FR Doc. 2011–9724 Filed 4–20–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110222150–1152–02] 

RIN 0648–BA92 

Fisheries of the Northeastern United 

States; Recreational Management 

Measures for the Summer Flounder, 

Scup, and Black Sea Bass Fisheries; 

2011 Scup Specifications; Fishing Year 

2011 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes two actions 

in this rulemaking: An increase to the 

previously implemented scup 

commercial and recreational landing 

allowances for 2011 (specifications) and 

management measures for the 2011 

summer flounder, scup, and black sea 

bass recreational fisheries. Inclusion of 

the proposed scup specification increase 

in this rulemaking is necessary to 

provide an opportunity for the public to 

comment on the revised 

recommendation from the Mid-Atlantic 

Fishery Management Council (Council) 

to increase the commercial and 

recreational scup landing allowances for 

2011. The recreational management 

measures are necessary to comply with 

the implementing regulations for these 

fisheries which require NMFS to 

publish recreational measures for the 

fishing year and to provide an 

opportunity for public comment. The 

intent of the scup increase is to permit 

greater commercial and recreational 

harvest opportunity while preventing 

overfishing on the scup stock. 

Recreational management measures are 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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similarly intended to ensure that 

overfishing the summer flounder, scup, 

and black sea bass resources in 2011 is 

unlikely to occur. 

DATES: Comments must be received by 

5 p.m. local time, on May 23, 2011. 

ADDRESSES: You may submit comments, 

identified by RIN 0648–BA92, by any 

one of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal http:// 

www.regulations.gov. 

• Fax: (978) 281–9135, Attn: 

Comments on 2011 Scup Specifications 

Increase and Summer Flounder, Scup, 

and Black Sea Bass Recreational 

Management Measures, 0648–BA92. 

• Mail and hand delivery: Patricia A. 

Kurkul, Regional Administrator, NMFS, 

Northeast Regional Office, 55 Great 

Republic Drive, Gloucester, MA 01930. 

Mark the outside of the envelope: 

‘‘Comments on 2011 Scup Specifications 

Increase and Summer Flounder, Scup, 

and Black Sea Bass Recreational 

Management Measures, 0648–BA92.’’ 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.regulations.gov without change. 

All Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). You may submit 

attachments to electronic comments in 

Microsoft Word, Excel, WordPerfect, or 

Adobe PDF file formats only. 

Copies of the proposed scup increase 

Supplement Environmental Assessment 

(SEA) to the 2011 specifications and the 

recreational management measures 

document, including the Environmental 

Assessment, Regulatory Impact Review, 

and Initial Regulatory Flexibility 

Analysis (EA/RIR/IRFA) and other 

supporting documents for both the scup 

specifications increase and the 

recreational management measures are 

available from Dr. Christopher M. 

Moore, Executive Director, Mid-Atlantic 

Fishery Management Council, Suite 201, 

800 North State Street, Dover, DE 19901. 

These documents are also accessible via 

the Internet at http:// 

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Michael Ruccio, Fishery Policy Analyst, 

(978) 281–9104. 

SUPPLEMENTARY INFORMATION: 

General Background 

The summer flounder, scup, and 

black sea bass fisheries are managed 

cooperatively under the provisions of 

the Summer Flounder, Scup, and Black 

Sea Bass Fishery Management Plan 

(FMP) developed by the Council and the 

Atlantic States Marine Fisheries 

Commission (Commission), 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 E. 13.3′ N. lat. (the latitude of Cape 

Hatteras Lighthouse, Buxton, NC) 

northward to the U.S./Canada border. 

The Council prepared the FMP under 

the authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), 16 U.S.C. 

1801 et seq. Regulations implementing 

the FMP appear at 50 CFR part 648, 

subparts A (general provisions), G 

(summer flounder), H (scup), and I 

(black sea bass). General regulations 

governing fisheries of the Northeastern 

U.S. also appear at 50 CFR part 648. 

States manage these three species 

within 3 nautical miles (4.83 km) of 

their coasts, under the Commission’s 

plan for summer flounder, scup, and 

black sea bass. The applicable speciesspecific Federal regulations govern 

vessels and individual fishermen fishing 

in Federal waters of the exclusive 

economic zone (EEZ), as well as vessels 

possessing a summer flounder, scup, or 

black sea bass Federal charter/party 

vessel permit, regardless of where they 

fish. 

2011 Scup Specifications Increase 

Specifications for the 2011 summer 

flounder, scup, and black sea bass 

fisheries published in the Federal 

Register on December 28, 2010, and 

became effective on January 1, 2011 (75 

FR 81498). This rule established 2011 

scup specifications, as follows: A Total 

Allowable Catch (TAC) of 24.1 million 

lb (10,932 mt); a 20.0-million-lb (9,072- 

mt) Total Allowable Landings (TAL), 

including research set-aside (RSA) of 

396,500 lb (180 mt); a commercial quota 

of 15,290,730 lb (6,936 mt); and a 

recreational harvest limit of 4,312,770 lb 

(1,956 mt). During the December 2010 

Council meeting, the Council 

recommended to NMFS an increase in 

the 2011 scup specifications. The 

Council’s action to potentially increase 

the 2011 scup specifications was taken 

to prevent potential negative impacts on 

recreational fishermen and provide for 

recreational fishing opportunities that 

might not be available under the 

previously implemented lower, more 

restrictive landing limit. Adoption of 

the Council’s recommendation for 

increased scup specifications, which 

includes an increase to the scup 

recreational harvest limit, would permit 

the use of status quo recreational 

management measures for the 2011 

fishery. See the scup recreational 

management measures section later in 

this preamble for additional information 

on how the potential increase 

recreational harvest limit impacts to the 

recreational fishery. 

The Council formally submitted the 

increased scup specification 

recommendation to NMFS for review 

and rulemaking on January 26, 2011. 

The Council’s revised scup 

specifications recommendation would 

increase the 2011 TAC to 31.92 million 

lb (14,479 mt) from the current TAC of 

24.1 million lb (10,932 mt). After 

removal of estimated 2011 discards, the 

resulting increased TAL would be 26.50 

million lb (12,020 mt). Because the 2011 

RSA has already been awarded for scup, 

the Council recommended, and NMFS 

agrees, that no change to the RSA level 

should occur as a result of the increased 

scup specifications. Thus, after 

deducting the 2011 awarded RSA of 

396,500 lb (180 mt) and applying the 

allocation criteria within the FMP, the 

increased commercial quota would be 

20.36 million lb (9,235 mt) and the 

adjusted recreational harvest limit 

would be 5.74 million lb (2,604 mt). 

In considering the scup TAC increase 

recommended by the Council, NMFS 

considered the range of possible TACs 

analyzed by the Council. NMFS is 

proposing the Council’s preferred 

alternative without modification as it 

meets the objectives of the FMP, the 

Magnuson-Stevens Act, and other 

applicable law. Quota levels above the 

preferred alternative fail to satisfy the 

applicable requirements and were 

adjudged by the Council to be 

inconsistent with the scientific advice 

provided by the SSC. Lower TAC 

alternatives are more restrictive than 

necessary to meet the objectives of the 

FMP and would have higher socioeconomic impacts on fishery 

participants. 

Table 1 contains the scup commercial 

quota period information that would 

result from the proposed increase. All 

additional commercial scup measures, 

including possession limits and the 

amount of unused Winter I (JanuaryMay) commercial quota that may be 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
22352 Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Proposed Rules 

rolled over to the Winter II (NovemberDecember) fishing period, remain 

unchanged from those published in the 

Federal Register on December 28, 2010 

(75 FR 81498). 

TABLE 1—PROPOSED REVISED COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2011 BY QUOTA PERIOD

Total allowable catch Estimated discards Initial quota Initial quota 

less overages 

(through 10/31/2009) 

Adjusted quota less 

overages and RSA 

Quota period Percent 

share lb mt lb mt lb mt 

lb mt lb mt 

Winter I .................................... 45.11 11,231,307 5,094 1,907,070 865 9,324,237 4,229 N/A N/A 9,184,725 4,166 

Summer ................................... 38.95 9,697,615 4,399 1,646,650 747 8,050,965 3,652 N/A N/A 7,930,504 3,597 

Winter II ................................... 15.94 3,968,677 1,800 673,879 306 3,294,798 1,494 N/A N/A 3,245,500 1,472 

Total ................................. 100.0 24,897,600 11,293 4,227,600 1,918 20,670,000 9,376 N/A N/A 20,360,730 9,235 

NMFS is proposing to implement the 

Council’s recommendation for a 33- 

percent increase to the 2011 scup 

specifications. The increase would 

remain well below the 2011 scup 

Acceptable Biological Catch (ABC) of 

51.70 million lb (23,451 mt). 

Furthermore, the increase would be 

below the scup maximum sustainable 

yield (MSY) level of 35.60 million lb 

(16,148 mt) and is consistent with the 

recommendation provided in a 2008 

scup stock assessment and reiterated by 

the Council’s Scientific and Statistical 

Committee for the 2011 fishery advising 

against rapid increases in specification 

levels to meet MSY. 

Recreational Management Measures 

Background 

The Council process for devising 

recreational management measures to 

recommend to NMFS for rulemaking is 

generically described in the following 

section. All meetings are open to the 

public and the materials utilized during 

such meetings, as well as any 

documents created to summarize the 

meeting results, are public information 

and typically posted on the Council’s 

Web site (http://www.mafmc.org) or are 

available from the Council by request. 

Extensive background on the 2011 

recreational management measures 

recommendation process is therefore 

not repeated in this preamble. 

The FMP established Monitoring 

Committees (Committees) for the three 

fisheries, consisting of representatives 

from the Commission, the Council, state 

marine fishery agency representatives 

from MA to NC, and NMFS. The FMP’s 

implementing regulations require the 

Committees to review scientific and 

other relevant information annually and 

to recommend management measures 

necessary to constrain landings within 

the recreational harvest limits 

established for the summer flounder, 

scup, and black sea bass fisheries for the 

upcoming fishing year. The FMP limits 

the choices for the types of measures to 

minimum fish size, possession limit, 

and fishing season. 

The Council’s Demersal Species 

Committee, and the Commission’s 

Summer Flounder, Scup, and Black Sea 

Bass Management Board (Board) then 

consider the Committees’ 

recommendations and any public 

comment in making their 

recommendations to the Council and 

the Commission, respectively. The 

Council reviews the recommendations 

of the Demersal Species Committee, 

makes its own recommendations, and 

forwards them to NMFS for review. The 

Commission similarly adopts 

recommendations for the states. NMFS 

is required to review the Council’s 

recommendations to ensure that they 

are consistent with the targets specified 

for each species in the FMP and all 

applicable laws and Executive Orders 

before ultimately implementing 

measures for Federal waters. 

All minimum fish sizes discussed 

hereafter are total length measurements 

of the fish, i.e., the straight-line distance 

from the tip of the snout to the end of 

the tail while the fish is lying on its 

side. For black sea bass, total length 

measurement does not include the 

caudal fin tendril. All possession limits 

discussed below are per person. 

Proposed 2011 Recreational 

Management Measures 

NMFS is proposing through this rule 

the following measures to apply in the 

Federal waters of the EEZ and to all 

federally permitted party/charter vessels 

with applicable summer flounder, scup, 

or black sea bass permits regardless of 

where they fish for the 2011 recreational 

summer flounder, scup, and black sea 

bass fisheries: For summer flounder, use 

of state-by-state conservation 

equivalency measures, which are the 

status quo measures; for scup, a 10.5- 

inch (26.67-cm) minimum fish size, a 

10-fish per person possession limit, and 

an open season of June 6 through 

September 26, which are the status quo 

measures; and, for black sea bass, a 13.0- 

inch (33.02-cm) minimum fish size, a 

25-fish per person possession limit, and 

open season of July 1 through October 

1 and November 1 through December 

31. NMFS will consider retaining or 

reinstating status quo black sea bass 

measures, as needed, for Federal waters 

(i.e., a 12.5-in (31.75-cm) minimum fish 

size, a 25-fish per person possession 

limit and fishing seasons from May 22– 

October 11 and November 1–December 

31) if the Commission develops and 

implements a state-waters conservation 

equivalency system that, when paired 

with the Federal status quo measures, 

provides the necessary conservation to 

ensure the 2011 recreational harvest 

limit will not be exceeded. More detail 

on these proposed measures is provided 

in the following sections. 

Summer Flounder Recreational 

Management Measures 

The 2011 recreational harvest limit for 

summer flounder is 11,583,424 lb (5,254 

mt), a 35-percent increase from the 2010 

limit of 8.59 million lb (3,896 mt). Final 

landings for 2010 are 4.98 million lb 

(2,259 mt), well below the recreational 

harvest limit. The Council and 

Commission have recommended the use 

of conservation equivalency to manage 

the 2011 summer flounder recreational 

fishery. 

NMFS implemented Framework 

Adjustment 2 to the FMP on July 29, 

2001 (66 FR 36208), to permit the use 

of conservation equivalency to manage 

the recreational summer flounder 

fishery. Conservation equivalency 

allows each state to establish its own 

recreational management measures 

(possession limits, minimum fish size, 

and fishing seasons) to achieve its state 

harvest limit partitioned from the 

coastwide recreational harvest limit by 

the Commission, as long as the 

combined effect of all of the states’ 

management measures achieves the 

same level of conservation as would 

Federal coastwide measures. 


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Federal Register / Vol. 76, No. 77 / Thursday, April 21, 2011 / Proposed Rules 22353 

The Council and Board annually 

recommend that either state- or regionspecific recreational measures be 

developed (conservation equivalency) or 

coastwide management measures be 

implemented by all states to ensure that 

the recreational harvest limit will not be 

exceeded. Even when the Council and 

Board recommend conservation 

equivalency, the Council must specify a 

set of coastwide measures that would 

apply if conservation equivalency is not 

approved for use in Federal waters. 

When conservation equivalency is 

recommended, and following 

confirmation that the proposed state 

measures developed through the 

Commission’s technical and policy 

review processes achieve conservation 

equivalency, NMFS may waive the 

permit condition found at § 648.4(b), 

which requires Federal permit holders 

to comply with the more restrictive 

management measures when state and 

Federal measures differ. In such a 

situation, federally permitted summer 

flounder charter/party permit holders 

and individuals fishing for summer 

flounder in the EEZ would then be 

subject to the recreational fishing 

measures implemented by the state in 

which they land summer flounder, 

rather than the coastwide measures. 

In addition, the Council and the 

Board must recommend precautionary 

default measures when recommending 

conservation equivalency. The 

Commission would require adoption of 

the precautionary default measures by 

any state that either does not submit a 

summer flounder management proposal 

to the Commission’s Summer Flounder 

Technical Committee, or that submits 

measures that would exceed the 

Commission-specified harvest limit for 

that state. 

Much of the conservation equivalency 

measures development process happens 

at both the Commission and individual 

state level. The selection of appropriate 

data and analytic techniques for 

technical review of potential state 

conservation equivalent measures and 

the process by which the Commission 

evaluates and recommends proposed 

conservation equivalent measures is 

wholly a function of the Commission 

and its individual member states. 

Individuals seeking information 

regarding the specific state measure 

development process or the Commission 

process for technical evaluation of 

proposed measures should contact the 

marine fisheries agency in the state of 

interest, the Commission, or both. 

Once states select their final 2011 

summer flounder management measures 

through their respective development, 

analytical, and review processes and 

submit them to the Commission, the 

Commission will conduct further review 

and evaluation of the state-submitted 

proposals, ultimately notifying NMFS as 

to which individual state proposals 

have been approved or disapproved. 

NMFS has no overarching authority in 

the state or Commission management 

measure development, but is an equal 

participant along with all the member 

states in the measures review process. 

NMFS retains the final authority either 

to approve or to disapprove the use of 

conservation equivalency in place of the 

coastwide measures, and will publish 

its determination as a final rule in the 

Federal Register to establish the 2011 

recreational measures for these fisheries. 

States that do not submit conservation 

equivalency proposals, or whose 

proposals are disapproved by the 

Commission, will be required by the 

Commission to adopt the precautionary 

default measures. In the case of states 

that are initially assigned precautionary 

default measures, but subsequently 

receive Commission approval of revised 

state measures, NMFS will publish a 

notice in the Federal Register 

announcing a waiver of the permit 

condition at § 648.4(b). 

The 2011 precautionary default 

measures recommended by the Council 

and Board are for a 20.0-inch (50.80-cm) 

minimum fish size, a possession limit of 

two fish, and an open season of May 1 

through September 30, 2011. 

As described above, for each fishing 

year, NMFS implements either 

coastwide measures or conservation 

equivalent measures at the final rule 

stage. The 2011 coastwide measures 

recommended by the Council and Board 

for 2011 are an 18.5-inch (46.99-cm) 

minimum fish size, a possession limit of 

two fish, and an open season from May 

1 to September 30, 2011. 

In this action, NMFS proposes to 

implement conservation equivalency 

with a precautionary default backstop, 

as previously outlined, for states that 

either fail to submit conservation 

equivalent measures or whose measures 

are not approved by the Commission. 

NMFS proposes the alternative of 

coastwide measures, as previously 

described, for use if conservation 

equivalency is not approved in the final 

rule. The coastwide measures would be 

waived if conservation equivalency is 

approved in the final rule. 

Scup Recreational Management 

Measures 

The 2011 scup recreational harvest 

limit is currently 4,312,770 lb (1,956 

mt), as implemented by the December 

28, 2010, specifications final rule (75 FR 

81498); however, through this rule 

NMFS is proposing to increase the 2011 

scup recreational harvest limit to 5.74 

million lb (2,604 mt). Estimated 2010 

scup recreational landings are 5.74 

million lb (2,604 mt). The Council and 

Commission have recommended 

measures that reflect the status quo for 

the 2011 scup recreational fishery. The 

status quo measures for Federal waters 

are for a 10.5-in (26.67-cm) minimum 

fish size, a 10-fish per person possession 

limit, and an open season of June 6 

through September 26 (i.e., closed 

season from January 1–June 5 and again 

from September 27–December 31). 

NMFS proposes to retain scup 

recreational management measures that 

reflect the status quo for 2011 in Federal 

waters for use in conjunction with the 

increased recreational harvest limit 

proposed concurrently by this rule. 

NMFS acknowledges that the 

Commission has indicated its intent to 

continue managing the recreational scup 

fishery through a Commission-based 

conservation equivalency program that 

has no comparable measures in the 

Federal FMP. Thus, recreational 

management measures will differ 

between state and Federal waters in 

2011. Historically, very little of the scup 

recreational harvest comes from the 

Federal waters of the EEZ. The scup 

recreational harvest from Federal waters 

for 2009 was approximately 2 percent of 

the total coastwide landings. 

Black Sea Bass Recreational 

Management Measures 

The 2011 black sea bass recreational 

harvest limit is 1.84 million lb (835 mt), 

as published in final rule (75 FR 81498; 

December 28, 2010). The 2010 black sea 

bass recreational landings were 3.11 

million lb (1,411 mt); thus, a 41-percent 

coastwide reduction in landings from 

2010 levels would be required to 

constrain landings to the 2011 black sea 

bass recreational harvest limit. 

The Council has recommended 

measures designed to achieve a 41- 

percent reduction in black sea bass 

recreational landings. These measures 

for Federal waters are a 13.0-inch 

(33.02-cm) minimum fish size, a 25-fish 

per person possession limit, and open 

season of July 1 through October 1 and 

November 1 through December 31 (i.e., 

closed seasons from January 1–June 30 

and October 2–31). 

Concurrent with the development of 

this proposed rule, the Commission has 

initiated development of Addendum 

XXI to the Commission’s Black Sea Bass 

FMP. This addendum contemplates 

application of state-by-state 

conservation equivalency approaches 

for black sea bass recreational 

management measures in state waters. 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
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Interested parties are urged to contact 

the Commission directly (http:// 

www.asmfc.org or (703) 842–0740) as 

NMFS has only a participatory role in 

the Commission’s process as a 

Commission voting member. The 

Council has initiated development of an 

amendment to the Federal FMP to 

examine these types of approaches for 

application in Federal waters; however, 

the amendment process at the Federal 

level takes more time to complete than 

the Commission’s addendum process 

and cannot be completed in time to 

implement for the 2011 fishing year. 

In anticipation that the Commission 

may develop a conservation equivalency 

system for state waters, the Council 

recommended to NMFS that Federal 

waters black sea bass measures stay or 

revert to the status quo, as needed, 

dependent on the completion of the 

Commission’s Addendum XXI. The 

Council indicated that the as of yet 

completed Commission measures for 

state waters, when paired with the 

status quo measures for Federal waters, 

are anticipated to achieve the required 

reduction necessary for the 2011 black 

sea bass recreational fishery. NMFS is 

proposing to implement the 

aforementioned Council-recommended 

measures (13.0-inch (33.02-cm) 

minimum fish size, 25-fish possession 

limit, and July 1–October 1 and 

November 1–December 31 season) for 

Federal waters while the Commission’s 

process for state waters conservation 

equivalency proceeds. This approach is 

consistent with the joint Council and 

Commission discussion and motions 

jointly adopted during the December 15, 

2010, meeting at which recreational 

management measures options were 

contemplated and approved by both 

groups. 

If the Commission completes a state 

waters conservation equivalency system 

for 2011, it is expected that formal 

analyses and correspondence from the 

Commission will be provided to both 

the Council and NMFS conveying the 

state waters conservation equivalency 

measures for 2011. In addition, it is 

expected that the correspondence will 

demonstrate that the Commission-based 

conservation equivalency program 

paired with the status quo Federal 

measures (i.e., a 12.5-in (31.75-cm) 

minimum fish size, 25-fish per person 

possession limits and May 22–October 

11 and November 1–December 31 

seasons) are sufficient to constrain 

recreational landings to the 1.84 million 

lb (835 mt) recreational harvest limit for 

2011. If the timing of this Commission 

process is complete, including the 

necessary correspondence to NMFS and 

the Council, before a final rule has been 

issued by NMFS for the 2011 

recreational management measures, 

NMFS may leave the status quo 

measures in place for Federal waters. 

The decision to retain the status quo 

measures for Federal waters will be 

contingent on the as of yet to be 

completed analyses and 

recommendation from the Commission, 

and any such decision would be relayed 

in the final rule published in the 

Federal Register. If the Commission 

conservation equivalency development 

process extends beyond the issuance of 

a recreational management measures 

final rule, NMFS may issue a second 

rule to reinstate 2010 measures for 

Federal waters (i.e., revert to status quo), 

pending the completion of the 

Commission process and concurrence 

by NMFS that the combination of state 

waters conservation equivalency and 

status quo Federal measures will 

achieve the desired 2011 fishery 

performance. Should the Commission 

ultimately disapprove or elect not to 

approve conservation equivalency 

measures for use in state waters for the 

2011 fishery, then Federal measures 

would remain as proposed in this rule 

for the duration of the 2011 fishing year: 

A 13.0-inch (33.02-cm) minimum fish 

size, 25-fish possession limit, and July 

1–October 1 and November 1–December 

31. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the Assistant 

Administrator has determined that this 

proposed rule is consistent with the 

Summer Flounder, Scup, and Black Sea 

Bass FMP, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

IRFAs were prepared for both the 

scup specifications and the recreational 

management measures, as required by 

section 603 of the Regulatory Flexibility 

Act (RFA). The IRFAs describe 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 

the two actions is contained in the 

preamble and in the SUMMARY of this 

proposed rule. A summary of the 

analyses follows. Copies of the complete 

IRFAs are available from the Council 

(see ADDRESSES). 

This proposed rule does not 

duplicate, overlap, or conflict with other 

Federal rules. 

Proposed Scup TAC/TAL Increase 

The potential impacts of the 2011 

scup specifications was provided in the 

IRFA for the 2011 summer flounder, 

scup, and black sea bass specifications 

proposed rule published in the Federal 

Register on November 17, 2010, (75 FR 

70192). At 31.92 million lb (14,479 mt), 

the scup TAC increase proposed by this 

rule is within the 24.10 million lb 

(10,932 mt) to 35.63 million lb (16,157 

mt) TAC range previously described and 

analyzed in the 2011 specifications 

IRFA. The following is provided for the 

proposed scup increase; however, more 

extensive information is available in the 

November 17, 2010, IRFA summary 

issued for the initially proposed 2011 

scup specifications. 

The proposed scup TAC/TAL increase 

could affect any of the 398 federallypermitted commercial fishery vessels 

that landed scup in 2009, the most 

recent year for which complete permit 

data are available. Under the Council’s 

preferred alternative to increase the 

scup TAC and TAL for 2011, labeled 

Alternative 1B in the supplemental EA, 

commercial fishing vessel revenues 

could increase by $21,432 per vessel. 

For comparison, this is 90 percent 

higher than revenues associated with 

the 2010 fishery levels and $12,940 

higher than the estimated profits 

associated with the currently 

implemented commercial quota level. 

In considering the scup TAC increase 

recommended by the Council, NMFS 

considered the range of possible TACs 

analyzed by the Council. NMFS is 

proposing the Council’s preferred 

alternative without modification as it 

meets the objectives of the FMP, the 

Magnuson-Stevens Act, and other 

applicable law while also providing the 

lowest impact on regulated entities. 

Quota levels above the preferred 

alternative fail to satisfy the applicable 

requirements and were adjudged by the 

Council to be inconsistent with the 

scientific advice provided by the SSC. 

Lower TAC alternatives are more 

restrictive than necessary as they have 

higher impacts on regulated entities 

than would the preferred alternative. 

Recreational Management Measures 

The proposed recreational 

management measures could affect any 

recreational angler who fishes for 

summer flounder, scup, or black sea 

bass in the EEZ or on a party/charter 

vessel issued a Federal permit for 

summer flounder, scup, and/or black 

sea bass. However, the only regulated 

entities affected by this action are party/ 

charter vessels issued a Federal permit 

for summer flounder, scup, and/or black 


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sea bass, and so the IRFA focuses upon 

the expected impacts on this segment of 

the affected public. These vessels are all 

considered small entities for the 

purposes of the RFA, i.e., businesses in 

the recreational fishery with gross 

revenues of up to $7.0 million. These 

small entities can be specifically 

identified in the Federal vessel permit 

database and would be impacted by the 

recreational measures, regardless of 

whether they fish in Federal or state 

waters. Although fishing opportunities 

by individual recreational anglers may 

be impacted by this action, they are not 

considered small entities under the 

RFA. 

The Council estimated that the 

proposed measures could affect any of 

the 980 vessels possessing a Federal 

charter/party permit for summer 

flounder, scup, and/or black sea bass in 

2009, the most recent year for which 

complete permit data are available. 

However, only 348 vessels reported 

active participation in the 2009 

recreational summer flounder, scup, 

and/or black sea bass fisheries. 

In the IRFA, the no-action alternative 

(i.e., maintenance of the regulations as 

codified) is: (1) For summer flounder, 

coastwide measures of a 19.5-inch 

(49.53-cm) minimum fish size, a 2-fish 

possession limit, and an open season 

from May 1 to September 30; (2) for 

scup, a 10.5-inch (26.67-cm) minimum 

fish size, a 10-fish possession limit, and 

an open season of June 6 through 

September 26; and (3) for black sea bass, 

a 12.5-inch (31.75-cm) minimum size, a 

25-fish possession limit, and open 

seasons of May 22–October 11 and 

November 1–December 31. 

The impacts of the proposed action on 

small entities (i.e., federally permitted 

party/charter vessels in each state in the 

Northeast region) were analyzed, 

assessing potential changes in gross 

revenues for all 18 combinations of 

alternatives proposed. Although 

NMFS’s RFA guidance recommends 

assessing changes in profitability as a 

result of proposed measures, the 

quantitative impacts were instead 

evaluated using expected changes in 

party/charter vessel revenues as a proxy 

for profitability. This is because reliable 

cost and revenue information is not 

available for charter/party vessels at this 

time. Without reliable cost and revenue 

data, profits cannot be discriminated 

from gross revenues. As reliable cost 

data become available, impacts to 

profitability can be more accurately 

forecast. Similarly, changes to long-term 

solvency were not assessed, due both to 

the absence of cost data and because the 

recreational management measures 

change annually according to the 

specification-setting process. Effects of 

the various management measures were 

analyzed by employing quantitative 

approaches, to the extent possible. 

Where quantitative data were not 

available, qualitative analyses were 

utilized. 

Management measures proposed 

under the summer flounder 

conservation equivalency alternative 

(Summer Flounder Alternative (1) have 

yet to be adopted; therefore, potential 

losses under this alternative could not 

be analyzed in conjunction with various 

alternatives proposed for scup and black 

sea bass. Since conservation 

equivalency allows each state to tailor 

specific recreational fishing measures to 

the needs of that state, while still 

achieving conservation goals, it is 

expected that the measures developed 

under this alternative, when considered 

in combination with the measures 

proposed for scup and black sea bass, 

would have fewer overall adverse effects 

than any of the other combinations that 

were analyzed. 

Impacts for other combinations of 

alternatives were examined by first 

estimating the number of angler trips 

aboard party/charter vessels in each 

state in 2010 that would have been 

affected by the proposed 2011 

management measures. All 2010 party/ 

charter fishing trips that would have 

been constrained by the proposed 2011 

measures in each state were considered 

to be affected trips. Marine Recreational 

Fishery Statistics Survey (MRFSS) data 

indicate that anglers took 30.66 million 

fishing trips in 2010 in the Northeastern 

U.S., and that party/charter anglers 

accounted for 1.43 million of the angler 

fishing trips, private/rental boat trips 

accounted for 16.05 million angler 

fishing trips, and shore trips accounted 

for 13.17 million recreational angler 

fishing trips. 

There is very little empirical evidence 

available to estimate how the party/ 

charter vessel anglers might be affected 

by the proposed fishing regulations. If 

the proposed measures discourage triptaking behavior among some of the 

affected anglers, economic losses may 

accrue to the party/charter vessel 

industry in the form of reduced access 

fees. On the other hand, if the proposed 

measures do not have a negative impact 

on the value or satisfaction the affected 

anglers derive from their fishing trips, 

party/charter revenues would remain 

unaffected by this action. In an attempt 

to estimate the potential changes in 

gross revenues to the party/charter 

vessel industry in each state, two 

hypothetical scenarios were considered: 

A 10-percent reduction and a 25-percent 

reduction in the number of fishing trips 

that are predicted to be affected by 

implementation of the management 

measures in the Northeast (ME through 

NC) in 2011. 

Total economic losses to party/charter 

vessels were then estimated by 

multiplying the number of potentially 

affected trips in each state in 2011, 

under the two hypothetical scenarios, 

by the estimated average access fee of 

$107.13 paid by party/charter anglers in 

the Northeast in 2010. Finally, total 

economic losses were divided by the 

number of federally permitted party/ 

charter vessels that participated in the 

summer flounder fisheries in 2010 in 

each state (according to homeport state 

in the Northeast Region Permit 

Database) to obtain an estimate of the 

average projected gross revenue loss per 

party/charter vessel in 2011. The 

analysis assumed that angler effort and 

catch rates in 2011 will be similar to 

2010. 

The Council noted that this method is 

likely to overestimate the potential 

revenue losses that would result from 

implementation of the proposed 

measures in these three fisheries for 

several reasons. First, the analysis likely 

overestimates the potential revenue 

impacts of these measures because some 

anglers would continue to take party/ 

charter vessel trips, even if the 

restrictions limit their landings. Also, 

some anglers may engage in catch and 

release fishing and/or target other 

species. It was not possible to estimate 

the sensitivity of anglers to specific 

management measures. Second, the 

universe of party/charter vessels that 

participate in the fisheries is likely to be 

even larger than presented in these 

analyses, as party/charter vessels that do 

not possess a Federal summer flounder, 

scup, or black sea bass permit because 

they fish only in state waters are not 

represented in the analyses. Considering 

the large proportion of landings from 

state waters (e.g., more than 88 percent 

of summer flounder and 98 percent of 

scup landings in 2009, respectively), it 

is probable that some party/charter 

vessels fish only in state waters and, 

thus, do not hold Federal permits for 

these fisheries. Third, economic losses 

are estimated under two hypothetical 

scenarios: (1) A 10-percent; and (2) a 25- 

percent reduction in the number of 

fishing trips that are predicted to be 

affected by implementation of the 

management measures in the Northeast 

in 2011. Reductions in fishing effort of 

this magnitude in 2011 are not likely to 

occur, given the fact that the proposed 

measures do not prohibit anglers from 

keeping at least some of the fish they 

catch, or the fact that there are 

alternative species to harvest. Again, it 


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is likely that at least some of the 

potentially affected anglers would not 

reduce their effort when faced with the 

proposed landings restrictions, thereby 

contributing to the potential 

overestimation of potential impacts for 

2011. 

Impacts of Summer Flounder 

Alternatives 

The proposed action for the summer 

flounder recreational fishery would 

limit coastwide catch to 11.58 million lb 

(5,254 mt) by imposing coastwide 

Federal measures throughout the EEZ. 

As described earlier, upon confirmation 

that the proposed state measures would 

achieve conservation equivalency, 

NMFS may waive the permit condition 

found at § 648.4(b), which requires 

federally permitted vessels to comply 

with the more restrictive management 

measures when state and Federal 

measures differ. Federally permitted 

charter/party permit holders and 

recreational vessels fishing for summer 

flounder in the EEZ then would be 

subject to the recreational fishing 

measures implemented by the state in 

which they land summer flounder, 

rather than the coastwide measures. 

Because states have yet to develop 

specific 2011 management measures, it 

is not yet possible to analyze the 

potential impacts of Summer Flounder 

Alternative 1, which would implement 

conservation equivalency. However, 

conservation equivalent recreational 

management measures allow each state 

to develop specific summer flounder 

recreational measures, which would 

allow the fishery to operate in each state 

during critical fishing periods while still 

achieving the conservation objectives. 

This should help mitigate potential 

adverse economic impacts. Therefore, 

the Council concluded in its analysis 

that Summer Flounder Alternative 1 

would likely have the lowest potential 

adverse impact of the alternatives 

considered for the 2011 summer 

flounder recreational fishery. 

Because states have a choice of 

developing specific measures in the 

Commission’s conservation equivalency 

process, it is expected that the states 

would adopt conservation equivalent 

measures that result in fewer adverse 

economic impacts than the more 

restrictive proposed precautionary 

default measures (i.e., 20.0-inch (50.80- 

cm) minimum fish size, a possession 

limit of two fish, and an open season of 

May 1 through September 30, 2011). 

The precautionary default is a subalternative that may be implemented 

under specific conditions, as outlined in 

the preamble of this rule. As such, the 

Council conducted analysis of the 

potential impact of implementing 

precautionary default measures in 2011. 

Under the precautionary default 

measures, impacted trips are defined as 

trips taken in 2010 that landed at least 

one summer flounder smaller than 20.0 

inches (50.80 cm), landed more than 

two summer flounder, or landed 

summer flounder during closed seasons. 

The analysis concluded that 

implementation of precautionary default 

measures could affect 0.86 percent of 

the party/charter vessel trips in the 

Northeast, including those trips where 

no summer flounder were caught. 

The impacts of Summer Flounder 

Alternative 2 for coastwide measures, 

which would be implemented by NMFS 

if conservation equivalency is 

disapproved in the final rule, i.e., a 

18.5-inch (46.99-cm), minimum fish 

size, a two-fish possession limit, and a 

fishing season from May 1 through 

September 30, were evaluated in the 

Council’s analysis. Impacted trips were 

defined as individual angler trips taken 

aboard party/charter vessels in 2010 that 

landed at least one summer flounder 

smaller than 18.5 inch (46.99 cm) that 

landed more than two summer flounder, 

or landed summer flounder during 

closed seasons. The analysis concluded 

that the measures would affect 0.79 

percent of the party/charter vessel trips 

in the Northeast. 

Continuation of the summer flounder 

coastwide management measures (i.e., a 

20.0-inch (50.80-cm) minimum fish size, 

two-fish possession limit, and a May 1 

through September 1 fishing season) is 

expected to constrain 2011 landings to 

the recreational harvest limit; however, 

continuation of those measures would 

be more restrictive than necessary under 

the summer flounder rebuilding plan 

requirement established 2011 

recreational harvest limit. 

Impacts of Scup Alternatives 

The proposed action for the scup 

recreational fishery would implement 

Federal coastwide management 

measures throughout the EEZ. As 

described earlier in the preamble, a 

conservation equivalent program is 

utilized by the Commission to manage 

state waters and NMFS is concurrently 

proposing an increase to the scup TAC/ 

TAL and recreational harvest limit and 

establish scup recreational management 

measures designed to achieve the 

increased recreational harvest limit. 

Federally permitted charter/party 

permit holders and recreational vessels 

fishing for scup in the EEZ would be 

subject to the recreational fishing 

measures implemented by NMFS; 

charter/party vessels participating solely 

in state waters without a Federal permit 

would be subject to the provisions 

adopted by the Commission; federally 

permitted scup party/charter vessels 

participating in both state and Federal 

waters would be subject to the more 

restrictive of the two measures 

implemented to manage the 2011 scup 

recreational fishery. 

Scup Alternative 1 (a 10.5-inch 

(26.67-cm) minimum fish size, a 10-fish 

per person possession limit, and open 

season of June 6 through September 26) 

is the status quo. As explained 

elsewhere in the preamble, state and 

Federal measures are expected to differ; 

however, very little of the scup 

recreational harvest occurs in Federal 

waters of the EEZ. Affected trips under 

Scup Alternative 1 were defined as trips 

taken in 2010 that landed at least one 

scup smaller than 10.5-inch (26.67-cm), 

landed more than 10 scup, or landed 

scup during the closed seasons (January 

1–June 5 and September 27–December 

31). Analysis concluded that 1.85 

percent of federally permitted party/ 

charter vessel trips could be affected by 

this alternative. While these measures 

are the status quo, state and federal 

measures differed in 2010. This 

alternative is projected to constrain 

landings to the Council and NMFS 

proposed increased scup recreational 

harvest limit of 5.74 million lb (2,604 

mt). 

The non-preferred scup coastwide 

alternative (Scup Alternative 2; 10.5- 

inch (26.67-cm) minimum fish size, 10- 

fish per person possession limit, and 

fishing seasons January 1–February 28 

and October 1–31) is projected to 

constrain landings to levels below the 

current 2011 scup recreational harvest 

limit. Affected trips under Scup 

Alternative 2 were defined as trips taken 

in 2010 that landed at least one scup 

smaller than 10.5 inches (26.67 cm), 

landed more than 10 scup, or landed 

scup in the closed seasons. The analysis 

concluded that this alternative could 

impact 5.71 percent of federally 

permitted party/charter vessel trips in 

2011, if implemented. 

Scup Alternative 3 measures (an 11.0- 

inch (27.94-cm) minimum fish size, 10- 

fish per person possession limit, and 

fishing seasons May 24–September 26) 

are expected to effectively constrain 

landings to the current 2011 recreational 

harvest limit if comparable measures are 

utilized in state waters. Affected trips 

under Scup Alternative 3 were defined 

as trips taken in 2010 that landed at 

least one scup smaller than 11.0-inch 

(27.94-cm), landed more than 10 scup, 

or landed scup in the closed seasons. 

The analysis concluded that this 

alternative could impact 1.83 percent of 


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federally permitted party/charter vessel 

trips in 2011, if implemented. 

Because NMFS is proposing to 

increase the 2011 scup recreational 

harvest limit, the measures contained in 

Scup Alternatives 2 and 3 are more 

restrictive than necessary for managing 

the 2011 fishery. The projected impacts 

of Scup Alternative 3 are slightly less 

than the measures proposed by NMFS; 

however, the overall estimated 

reduction in landings associated with 

Alternative 3 are expected to be up to 

25 percent from 2010 levels and, as 

such, are more restrictive than necessary 

for 2011. 

Impacts of Black Sea Bass Alternatives 

The proposed action for the black sea 

bass recreational fishery would limit 

coastwide catch to 1.84 million lb (835 

mt) by imposing coastwide Federal 

measures throughout the EEZ. The 

impact of Black Sea Bass Alternative 1 

(a 13.0-inch (33.02-cm) minimum fish 

size, a 25-fish per person possession 

limit, and an open season of July 1– 

October 1 and November 1–December 

31), is projected to reduce black sea bass 

landings by 41 percent in 2011 from 

2010 levels. These measures would 

likely ensure that landings remain 

below the 2011 recreational harvest 

limit. Impacted trips were defined as 

trips taken in 2010 that landed at least 

one black sea bass smaller than 13.0- 

inch (33.02-cm), landed more than 25 

black sea bass, or landed black sea bass 

during the proposed closed seasons 

(January 1–June 30 and October 2–31). 

Analysis concluded that 3.45 percent of 

federally permitted party/charter vessel 

trips could be affected by this 

alternative. 

The non-preferred black sea bass 

coastwide alternative for status quo 

(Black Sea Bass Alternative 2; 12.5-inch 

(31.75-cm) minimum fish size, 25-fish 

per person possession limit, and fishing 

seasons of May 22–October 11 and 

November 1–December 31) is not 

expected to constrain 2011 landings to 

the recreational harvest limit if 

implemented in both state and Federal 

waters. Individual states may, though 

the Commission’s Addendum XXI, 

adopt sufficiently restrictive measures 

that when paired with the Black Sea 

Bass Alternative 2 measures in Federal 

waters, achieve the required reduction 

in landings to constrain harvest to the 

2011 recreational harvest limit. The 

Black Sea Bass Alternative 2 measures 

could affect 0.76 percent of the effort 

onboard party/charter vessels if 

implemented in 2011. 

Black Sea Bass Alternative 3 (a 12.5- 

inch (31.75-cm) minimum fish size, 25- 

fish per person possession limit, and no 

closed season) is not expected to 

effectively constrain landings to the 

2011 recreational harvest limit and, as 

such, is not consistent with the 

objectives of the FMP or MagnusonStevens Act. 

Potential 2011 Regional Economic 

Impact Analysis Summary 

Regionally, projected federally 

permitted party/charter revenue losses 

in 2011 range from $2.1 million to $7.8 

million in sales, $686 thousand to $2.6 

million in income, and between 40 and 

156 jobs, if a 10-percent reduction in the 

number of affected trips occurs. The 

estimated losses are approximately two 

and a half times as high if a 25-percent 

reduction in affected trips is assumed to 

occur. 

Potential revenue losses in 2011 could 

differ for federally permitted party/ 

charter vessels that land more than one 

of the regulated species. The cumulative 

maximum gross revenue loss per vessel 

varies by the combination of permits 

held and by state. All 18 potential 

combinations of management 

alternatives for summer flounder, scup, 

and black sea bass are predicted to affect 

party/charter vessel revenues to some 

extent in all of the Northeast coastal 

states. Although potential losses were 

estimated for party/charter vessels 

operating out of ME and NH, these 

results are suppressed for 

confidentiality purposes. Average party/ 

charter losses for federally permitted 

vessels operating in the remaining states 

are estimated to vary across the 18 

combinations of alternatives. For 

example, in NY, average losses are 

predicted to range from a high of $3,477 

to a low of $593 per vessel, assuming a 

10-percent reduction in effort, as 

described above. Average gross revenue 

losses per vessel under each of the 18 

combinations of alternatives were 

generally highest in NC followed by 

MA, NJ, NY, RI, CT, MD, VA, then DE. 

Across states, average gross projected 

revenue losses range from a low of $19 

per vessel in DE to $19,003 in NC. 

Summary 

The proposed recreational 

management measures for summer 

flounder in the Commission’s 

conservation equivalency are likely to 

be similar or more liberal for 2011 (i.e., 

either smaller minimum fish size, 

higher possession limits, and/or longer 

fishing seasons) under the proposed 

conservation equivalency system 

(Summer Flounder Alternative 1) than 

those in place in 2010. If the 

Commission approves state-developed 

measures as conservational equivalent 

to the coastwide measures, measures for 

Federal waters adopted by waiving 

§ 648.4(b) may also be similar or more 

liberal for 2011 if NMFS approves 

conservation equivalency in the final 

rule. 

NMFS is proposing to keep the status 

quo with respect to scup recreational 

management measures for 2011, but is 

proposing an increase to the recreational 

harvest limit resulting from increases to 

the scup TAC and TAL. The rationale 

for this proposed increase is outlined in 

the preamble to this rule and not 

repeated here. 

The proposed measures for black sea 

bass are more restrictive than the 

measures in place for 2010; however, 

NMFS may retain the status quo 

measures for Federal waters, but it is 

dependent on efforts underway by the 

Commission to devise and implement a 

state waters management system that, 

when paired with the 2010 status quo 

measures for Federal waters, will result 

in the necessary reduction in 2011 

landings from 2010 levels. 

The proposed management measures, 

or management system in the case of 

conservation equivalency, were chosen 

because they allow for the maximum 

level of recreational landings, while 

allowing the NMFS to achieve the 

objectives of the FMP. Summer flounder 

conservation equivalency allows states 

to implement management measures 

tailored, to some degree, to meet the 

needs of their individual respective 

recreational fishery participants, 

provided the level of reduction is equal 

to the overall reduction needed 

coastwide, consistent with Framework 

Adjustment 2 to the FMP. 

The proposed measures for scup, 

when used in concert with the proposed 

increase to the 2011 recreational harvest 

limit, are expected to achieve the 

required reduction in 2011 landings 

from 2010 levels, provided that 

comparable state measures are 

implemented through the Commission. 

Because it appears likely that the 2011 

Commission measures may differ from 

Federal measures, NMFS will consider 

public comment and more closely 

examine the Commission measures to 

determine the likelihood that 

overfishing could occur as a result of the 

combined proposed Federal and 

Commission measures before publishing 

a final rule. The majority of scup 

recreational harvest occurs within state 

waters. 

The proposed black sea bass 

management measures were selected 

because they are the only set of 

measures proposed by the Council that 

are projected to constrain landings to 

the recreational harvest limit. As 

discussed in the preamble, there is a 


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possibility that status quo measures may 

be retained depending on the outcome 

of the Commission’s Addendum XXI 

process. However, NMFS must at this 

time propose measures that achieve the 

objectives of the FMP and MagnusonStevens Act by constraining 2011 

harvest of black sea bass to the 

recreational harvest limit. 

There are no new reporting or 

recordkeeping requirements contained 

in any of the alternatives considered for 

this action. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: April 15, 2011. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

1. The authority citation for part 648 

continues to read as follows: 

Authority: 16 U.S.C. 1801 et seq. 

2. Section 648.102 is revised to read 

as follows: 

§ 648.102 Time restrictions. 

Unless otherwise specified pursuant 

to § 648.107, vessels that are not eligible 

for a moratorium permit under 

§ 648.4(a)(3) and fishermen subject to 

the possession limit may fish for 

summer flounder from May 1 through 

September 30. This time period may be 

adjusted pursuant to the procedures in 

§ 648.100. 

3. In § 648.103, paragraph (b) is 

revised to read as follows: 

§ 648.103 Minimum fish sizes. 

* * * * * 

(b) Unless otherwise specified 

pursuant to § 648.107, the minimum 

size for summer flounder is 18.5 inch 

(46.99 cm) TL for all vessels that do not 

qualify for a moratorium permit, and 

charter boats holding a moratorium 

permit if fishing with more than three 

crew members, or party boats holding a 

moratorium permit if fishing with 

passengers for hire or carrying more 

than five crew members. 

* * * * * 

4. In § 648.105, the first sentence of 

paragraph (a) is revised to read as 

follows: 

§ 648.105 Possession restrictions. 

(a) Unless otherwise specified 

pursuant to § 648.107, no person shall 

possess more than two summer flounder 

in, or harvested from, the EEZ, unless 

that person is the owner or operator of 

a fishing vessel issued a summer 

flounder moratorium permit, or is 

issued a summer flounder dealer permit. 

* * * 

* * * * * 

5. In § 648.107, paragraph (a) 

introductory text and paragraph (b) are 

revised to read as follows: 

§ 648.107 Conservation equivalent 

measures for the summer flounder fishery. 

(a) The Regional Administrator has 

determined that the recreational fishing 

measures proposed to be implemented 

by Massachusetts through North 

Carolina for 2011 are the conservation 

equivalent of the season, minimum fish 

size, and possession limit prescribed in 

§§ 648.102, 648.103, and 648.105(a), 

respectively. This determination is 

based on a recommendation from the 

Summer Flounder Board of the Atlantic 

States Marine Fisheries Commission. 

* * * * * 

(b) Federally permitted vessels subject 

to the recreational fishing measures of 

this part, and other recreational fishing 

vessels subject to the recreational 

fishing measures of this part and 

registered in states whose fishery 

management measures are not 

determined by the Regional 

Administrator to be the conservation 

equivalent of the season, minimum size, 

and possession limit prescribed in 

§§ 648.102, 648.103(b) and 648.105(a), 

respectively, due to the lack of, or the 

reversal of, a conservation equivalent 

recommendation from the Summer 

Flounder Board of the Atlantic States 

Marine Fisheries Commission, shall be 

subject to the following precautionary 

default measures: Season—May 1 

through September 30; minimum size— 

20.0 inches (50.80 cm); and possession 

limit—two fish. 

6. Section 648.142 is revised to read 

as follows: 

§ 648.142 Time restrictions. 

Vessels that are not eligible for a 

moratorium permit under § 648.4(a)(7), 

and fishermen subject to the possession 

limit specified in § 648.145(a), may 

possess black sea bass from July 1 

through October 1 and November 1 

through December 31, unless this time 

period is adjusted pursuant to the 

procedures in § 648.140. 

7. In § 648.143, paragraph (b) is 

revised to read as follows: 

§ 648.143 Minimum sizes. 

* * * * * 

(b) The minimum fish size for black 

sea bass is 13.0 inches (33.02 cm) TL for 

all vessels that do not qualify for a 

moratorium permit, and for party boats 

holding a moratorium permit, if fishing 

with passengers for hire or carrying 

more than five crew members, and for 

charter boats holding a moratorium 

permit, if fishing with more than three 

crew members. 

* * * * * 

[FR Doc. 2011–9627 Filed 4–20–11; 8:45 am] 

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