70414 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 

Dated: November 4, 2004. 

Cynthia K. Dohner, 

Acting Regional Director.

[FR Doc. 04–26709 Filed 12–3–04; 8:45 am] 

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

[Docket No. I.D. 041110317–4317; I.D. 

110404B]

RIN 0648–AR51

50 CFR Part 648

Fisheries of the Northeastern United 

States; Summer Flounder, Scup, and 

Black Sea Bass Fisheries; 2005 and 

2006 Summer Flounder Specifications; 

2005 Scup and Black Sea Bass 

Specifications; 2005 Research SetAside Projects

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed rule; request for 

comments.

SUMMARY: NMFS proposes specifications 

for the 2005 and 2006 summer flounder 

fisheries, and for the 2005 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. This proposed rule also 

would make changes to the regulations 

regarding the commercial scup fishery. 

The intent of this action is to establish 

harvest levels and other measures to 

attain the target fishing mortality rates 

(F) or exploitation rates specified for 

these species in the FMP, and to 

reducing bycatch and improve the 

efficiency of the commercial scup 

fishery. NMFS has conditionally 

approved three research projects for the 

harvest of the portion of the quota that 

has been recommended by the MidAtlantic Fishery Management Council 

(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 SetAside (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 must be received on 

or before December 21, 2004.

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, MidAtlantic 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.nero.nmfs.gov. Written comments 

on the proposed rule should be sent to 

Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, One Blackburn Drive, 

Gloucester, MA 01930. Mark the outside 

of the envelope ‘‘Comments—Summer 

Flounder, Scup, and Black Sea Bass 

Specifications.’’ Comments may also be 

sent via facsimile (fax) to 978–281–

9135, or via e-mail to the following 

address: FSB2005@noaa.gov. Include in 

the subject line of the e-mail comment 

the following document identifier: 

‘‘Comments on Summer Flounder, 

Scup, and Black Sea Bass 

Specifications.’’ Comments may also be 

submitted electronically through the 

Federal e-Rulemaking portal: http://

www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, Fishery Policy 

Analyst, (978) 281–9279, fax (978) 281–

9135.

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 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°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 or 

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 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. Consistent with the 

implementation of Framework 

Adjustment 5 to the FMP (69 FR 62818, 

October 28, 2004), each Monitoring 

Committee meets annually to 

recommend the Total Allowable 

Landings (TAL), unless the TAL has 

already been established for the 

upcoming calendar year as part of a 

multiple-year specification process, 

provided that new information does not 

require a modification to the multipleyear quotas.

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 recommendations at a joint 

meeting held August 11, 2004.

Explanation of RSA

In 2001, regulations were 

implemented under Framework 

Adjustment 1 to the FMP to allow up to 

3 percent of the TAL for each of the 

species to be set aside each year for 

scientific research purposes. For the 

2005 fishing year, a Request for

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 70415

Proposals was published to solicit 

research proposals based upon the 

research priorities that were identified 

by the Council (69 FR 10990, March 9, 

2004). The deadline for submission of 

proposals was April 8, 2004. Three 

applicants were notified in June 2004 

that their research proposals had 

received favorable preliminary review. 

For informational purposes, this 

proposed rule includes a statement 

indicating the amount of quota that has 

been preliminarily set aside for research 

purposes, as recommended by the 

Council and Board, and a brief 

description of the 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 2005, three RSA projects have 

been conditionally approved by NMFS 

and are currently awaiting notice of 

award. The total RSA quotas, approved 

by the Council and Board, allocated for 

all three projects are: 353,917 lb (161 

mt) of summer flounder; 303,675 lb (138 

mt) of scup; 109,500 lb (50 mt) of black 

sea bass; 562,350 lb (255 mt) of Loligo 

squid; and 297,750 lb (135 mt) of 

bluefish.

The University of Rhode Island 

submitted a proposal to conduct a 

second year of work in a fisheryindependent scup survey that would 

utilize 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 8, 2005, 

at six rocky bottom study sites located 

offshore, where there is a minimal scup 

pot fishery and no active trawl fishery. 

Up to two vessels would conduct the 

survey. Sampling would occur off the 

coasts of Rhode Island and southern 

Massachusetts. The RSA allocated for 

this project is 18,000 lb (8 mt) of black 

sea bass and 63,675 lb (29 mt) of scup.

The National Fisheries Institute (NFI) 

and Rutgers University submitted a 

proposal to conduct a third year of work 

on a commercial vessel-based trawl 

survey program in the Mid-Atlantic 

region that would track the migratory 

behavior of selected recreationally and 

commercially important species. 

Information gathered during this project 

would supplement the NMFS finfish 

survey databases and improve methods 

to evaluate how seasonal migration of 

fish in the Mid-Atlantic influences stock 

abundance estimates. One vessel would 

conduct survey work in the MidAtlantic along six offshore transects 

near Alvin, Hudson, Wilmington, 

Baltimore, and Washington Canyons. 

Up to 15, 1–nautical mile tows would be 

conducted along each transect at depths 

from 40 to 250 fathoms (73 to 457 m). 

Four transects would be sampled in 

both January and March, and two 

transects would be sampled in both May 

and November. Two additional transects 

may be conducted pending vessel 

availability, weather, and funding. Up to 

25 vessels would participate in 

harvesting the RSA during the period 

January 1 through December 31, 2005. 

The RSA allocated for the project is 

192,177 lb (87 mt) of summer flounder; 

120,000 lb (54 mt) of scup; 281,350 lb 

(128 mt) of Loligo squid; 61,500 lb (28 

mt) of black sea bass; and 279,750 lb 

(127 mt) of bluefish.

NFI and Rutgers University also 

submitted a proposal to conduct a 

second year of work to study finfish 

discarded in Loligo squid-targeted tows. 

The project would test different mesh 

sizes, including the legal-sized mesh 

size of 1.875 inches (4.8 cm) and larger 

mesh sizes up to 3.0 inches (7.6 cm). 

The project is designed to give insights 

to bycatch of finfish species when 

different mesh sizes are used in the 

Loligo squid fishery. Up to two vessels 

would conduct the project in February 

or March near Hudson Canyon. A total 

of 80 to 100 tows would be performed 

with vessels fishing in parallel, where 

possible. The RSA allocated for the 

project is 30,000 lb (14 mt) of black sea 

bass; 120,000 lb (54 mt) of scup; 281,000 

lb (127 mt) of Loligo squid; and 161,740 

lb (73 mt) of summer flounder.

Regulations under the MagnusonStevens 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 rule proposes 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 the time the final rule to 

implement these specifications is 

published. 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.

Summer Flounder

The FMP specifies a target F of Fmax, 

that is, the level of fishing that produces 

maximum yield per recruit. The best 

available scientific information 

indicates that, for 2005 and 2006, Fmax

for summer flounder is 0.26 (equal to an 

exploitation rate of about 22 percent 

from fishing).

The most recent stock assessment, 

updated by the Northeast Fisheries 

Science Center (NEFSC) Southern 

Demersal Working Group in June 2004, 

indicated that the summer flounder 

stock is not overfished but that 

overfishing is occurring, according to 

the definitions in the FMP. These 

conclusions were derived from the fact 

that, for 2003, the estimated total stock 

biomass of 149 million lb (67,585 mt) is 

27 percent above the minimum biomass 

threshold of 117 million lb (53,070 mt) 

below which the stock is considered 

overfished (1/2 Bmsy), and the estimated 

F of 0.29 was slightly above 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 109 million lb 

(49,442 mt) in 2003, the highest value in 

the time series.

Although the summer flounder 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. Long-term projections 

indicate that the stock can reach this 

biomass target by 2010 through the 

implementation of TALs associated with 

a 75–percent probability of reaching the 

target F in 2005 through 2009. Based on 

the latest stock assessment update, a 

TAL of 30.3 million lb (13,744 mt) has 

a 75–percent probability of achieving an 

F of 0.26 if the TAL and assumed 

70416 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 

discard level in 2004 are not exceeded. 

The TAL associated with a 75–percent 

probability level in 2006 is 33.0 million 

lb (14,969 mt).

The Council and the Board adopted 

the Summer Flounder Monitoring 

Committee’s recommendation of a 

summer flounder TAL of 30.3 million lb 

(13,744 mt) for 2005 and 33.0 million lb 

(14,969 mt) for 2006. These TALs would 

represent a 7–percent increase and a 17–

percent increase for 2005 and 2006, 

respectively, from the 2004 TAL of 28.2 

million lb (12,791 mt). The initial TALs 

would be allocated 60 percent to the 

commercial sector and 40 percent to the 

recreational sector, i.e., the initial TAL 

for 2005 would be allocated 18.18 

million lb (8,246 mt) to the commercial 

sector and 12.12 million lb (5,498 mt) to 

the recreational sector, and the initial 

TAL for 2006 would be allocated 19.8 

million lb (8,981 mt) to the commercial 

sector and 13.2 million lb (5,987 mt) to 

the recreational sector. The commercial 

quota for each year then would be 

allocated to the coastal states based 

upon percentage shares specified in the 

FMP.

For 2005, the Council and Board also 

agreed to set aside 353,917 lb (160.5 mt) 

of the summer flounder TAL for 

research activities. For 2006, because 

information pertaining to the potential 

amount of RSA is unknown, RSA is 

conservatively estimated as 3 percent of 

the TAL, i.e., 990,000 lb (449 mt). After 

deducting the RSA, the TAL for 2005 

would be divided into a commercial 

quota of 17.97 million lb (8,151 mt) and 

a recreational harvest limit of 11.98 

million lb (5,434 mt), and the TAL for 

2006 would be divided into a 

commercial quota of 19.21 million lb 

(8,714 mt) and a recreational harvest 

limit of 12.80 million lb (5,806 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 

30.3–million lb (13,744–mt) TAL with a 

353,917–lb (160.5–mt) RSA for 2005, 

and the 33.0–million lb (14,969–mt) 

TAL with an estimated 990,000–lb 

(449–mt) RSA for 2006, as 

recommended by the Council and 

Board. The 11.98–million lb (5,434–mt) 

and 12.80–million lb (5,806–mt) 

recreational harvest limits for 2005 and 

2006, respectively, would be allocated 

on a coastwide basis. The commercial 

quotas for 2005 and 2006 would be 

allocated to the states as shown in 

Tables 1 and 2, respectively, which 

present the allocations by state, with 

and without the commercial portion of 

the RSA deduction. These state quota 

allocations are preliminary and are 

subject to a reduction if there are 

overages of a state’s quota for the 

previous fishing year (using the 

landings information and procedures 

described earlier). Any commercial 

quota adjustments to account for 

overages will be published in the 

Federal Register in the final rule 

implementing these specifications.

BILLING CODE 3510–22–S

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 70417

BILLING CODE 3510–22–C


EP06DE04.013</GPH>
70418 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 

Scup

Scup was last assessed in June 2002 

at the 35th Northeast Regional Stock 

Assessment Workshop (SAW). The 

Stock Assessment Review Committee 

(SARC 35) indicated that the species is 

no longer overfished, but that stock 

status with respect to overfishing cannot 

currently be evaluated. The NEFSC 

spring survey 3–year average (2002 

through 2004) for scup SSB was 3.74 kg/

tow, which is about 35 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 2005 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 

2005 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 to the FMP, which proposed to 

maintain the existing rebuilding 

schedule for scup established by 

Amendment 8 to the FMP. On April 28, 

1999, NMFS disapproved the proposed 

rebuilding plan for scup because the 

rebuilding schedule did not appear to be 

sufficiently risk-averse. Later, however, 

NMFS advised the Council that use of 

the exploitation rate as a proxy for F 

would be acceptable and risk-averse. 

Therefore, the proposed scup 

specifications for 2005 are based on an 

exploitation rate of 21 percent. NMFS 

believes that the risks associated with 

the disapproved rebuilding plan are not 

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 to deviate 

from the specified exploitation rate in 

2005. 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.

Because of uncertainty associated 

with the spring survey and the pending 

stock assessment that will be presented 

to the SARC this December, the 

Monitoring Committee recommended, 

and the Council and Board adopted the 

recommendation to set specifications for 

2005 only, and to maintain the current 

TAC/TAL. Based on the increase in the 

spring survey index in 2004, 

maintaining the 16.5–million lb (7,484–

mt) TAL is likely to achieve the target 

exploitation rate for 2005. The level of 

discards used in 2004 (2.15 million lb 

(975 mt) continues to be used for 2005, 

so the TAC would be 18.65 million lb 

(8,460 mt). 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 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 2004 

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 Monitoring Committee 

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 303,675 lb (138 mt) of the scup 

TAL for research activities. Deducting 

this RSA from the TAL would result in 

a commercial quota of 12.23 million lb 

(5,547 mt) and a recreational harvest 

limit of 3.96 million lb (1,796 mt).

Pursuant to an industry request, and 

to reduce scup discards, the Council 

and Board recommended an increase in 

the commercial scup Winter I Federal 

possession limit to 30,000 lb (13.6 mt) 

per trip for 2005. Because scup are a 

schooling species, otter trawl vessels 

operating where scup occur 

occasionally make very large hauls that 

consist almost entirely of scup. Under 

the current system, when one of these 

hauls is brought up, the possession limit 

may be kept by the hauling vessel while 

the remaining catch must be discarded 

or transferred to another vessel. 

Increasing the Winter I possession limit 

would convert potential regulatory 

discards of scup into landings, thus 

reducing bycatch and improving the 

efficiency of the commercial scup 

fishery. Allowing the commercial sector 

to fulfil the Winter I quota should also 

reduce the incentive for vessels to catch 

scup at the end of the Winter I period. 

States have indicated to the Commission 

and NMFS that they would implement 

a 30,000–lb (13.6–mt) landing limit per 

2–week period (Sunday through 

Saturday). Because the current 

possession limit is 15,000 lb (6.8 mt), 

this measure would allow the same 

amount of scup to be landed in a 2–

week period in 2005 as in 2004. In cases 

where state regulations regarding trip 

limits are more restrictive than the 

proposed 30,000–lb (13.6–mt) trip limit, 

the state regulations would apply. That 

is, vessels landing scup in states with 

more restrictive possession limits may 

need to make more than one trip to 

reach the 2–week limit, if that state is 

enforcing a 30,000–lb (13.6–mt) 2–week 

landing limit. The Winter I possession 

limit would be reduced to 1,000 lb (454 

kg) when 80 percent of the quota is 

projected to be reached. NMFS is 

proposing to implement the Council’s 

and Board’s scup Winter I Federal 

possession limit recommendation 

because it would allow for the 

achievement of the Scup Winter I quota 

while reducing scup discards. NMFS is 

proposing to retain the current initial 

possession limit of 1,500 lb (680 kg) for 

Winter II (November-December).

Table 3 presents the 2005 commercial 

allocation recommended by the Council, 

with and without the 303,675–lb (138–

mt) RSA deduction. These 2005 

allocations are preliminary and may be 

subject to downward adjustment in the 

final rule implementing these 

specifications due to 2004 overages, 

based on the procedures for calculating 

overages described earlier.

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 70419

TABLE 3. 2005 PROPOSED INITIAL TAC, COMMERCIAL SCUP QUOTA, AND POSSESSION LIMITS, IN LB (KG) 

Period Percent TAC Discards Commercial 

Quota 

Commercial 

Quota less 

RSA 

Possession 

Limits 

Winter I 45.11 6,563,505 

(2,977,186)

938,288 

(425,605)

5,625,217

(2,551,582)

5,518,367 

(2,503,089)

30,0001

(13,607)

Summer 38.95 5,667,225 

(2,570,636)

810,160 

(367,486)

4,857,065 

(2,203,150)

4,764,806 

(2,161,280)

n/a*

Winter II 15.94 2,319,270 

(1,052,014)

331,522 

(150,391)

1,987,718 

(901,623)

1,949,962 

(884,487)

1,500 

(680)

Total2 100.00 14,550,000

(6,599,837)

2,080,000 

(943,482)

12,470,000 

(5,656,355)

12,233,134 

(5,548,856)

1The Winter I landing limit would drop to 1,000 lb (454 kg) upon attainment of 80 percent of the seasonal allocation.

2Totals subject to rounding error.

*n/a-Not applicable

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 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. 

The Council recommended no change in 

the Winter II possession limits that 

result from potential rollover of quota 

from the Winter I period for the 2005 

fishing year . Therefore, NMFS proposes 

to maintain the Winter II possession 

limit-to-rollover amount ratios specified 

for 2004, as presented in Table 4.

TABLE 4. 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 Winter II 

Possession Limit 

Final Winter II Possession 

Limit after Rollover from 

Winter I to Winter II 

lb kg lb mt lb kg lb kg 

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 1,134

1,500 680 1,500,000–

1,999,999

680–907 1,500 680 3,000 1,361

1,500 680 2,000,000–

2,500,000

907–1,134 2,000 907 3,500 1,587

Other Scup Management Measures

Under the current regulations for the 

directed trawl fishery at § 648.123(a)(1), 

no owner or operator of an otter trawl 

vessel that is issued a scup moratorium 

permit may possess 500 lb (227 kg) or 

more of scup from November 1 through 

April 30, or 100 lb (45 kg) or more of 

scup from May 1 through October 31, 

unless fishing with nets that have a 

minimum mesh size of 4.5–inch (11.4–

cm) diamond mesh for no more than 25 

continuous meshes forward of the 

terminus of the codend, and with at 

least 100 continuous meshes of 5.0–inch 

(12.7–cm) mesh forward of the 4.5–inch 

(11.4–cm) mesh, and all other nets are 

stowed in accordance with 

§ 648.23(b)(1). For trawl nets with 

codends (including an extension) of less 

than 125 meshes, the entire trawl net 

must have a minimum mesh size of 4.5 

inches (11.4 cm) throughout the net. 

These requirements have been in effect 

since February 2002 (66 FR 58097, 

November 20, 2001). In consideration of 

the increasing abundance of scup and of 

recent studies that indicate that discards 

may have increased in 2004, the Council 

and Board have recommended an 

increase in the minimum mesh size 

from 4.5 inches (11.4 cm) to 5 inches 

(12.7 cm), and an increase in the 

threshold level to trigger the mesh 

requirement from 100 lb (45 kg) to 200 

lb (90 kg) for the Scup Summer period 

(May 1 through October 31). The 

recommendation was to increase the 

minimum mesh size to 5 inches (12.7 

cm) for the 75 meshes from the terminus 

of the net; and for codends constructed 

with fewer than 75 meshes, a minimum 

mesh size of 5 inches (12.7 cm) 

throughout the net. Through this 

proposed rule, NMFS seeks comments 

on the likely effectiveness of and/or 

costs associated with the proposed 

change in minimum mesh size for scup. 

The change to the minimum mesh size 

regulations also would apply in the 

Scup Gear Restricted Areas (GRAs).

Scup GRAs

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 

70420 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 

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). NMFS maintained the GRA 

Exemption Program for 2004 (69 FR 

2074, January 14,2004). To date, no 

vessels have participated in the GRA 

Exemption Program.

For 2005, the Scup Monitoring 

Committee recommended the 

continuation of the GRAs with a shift of 

the entire Southern GRA by 3 

longitudinal minutes to the west. The 

recommendation to move the Southern 

GRA follows an industry request and 

subsequent analysis by the NEFSC, 

which indicates that the shift would 

expose an additional 3 percent of the 

scup stock to small-mesh gear during 

the effective period, while allowing 

access to an additional 8 percent of the 

Loligo squid stock. Termination of the 

existing GRA Exemption Program also 

was recommended. The Council and 

Board adopted the Scup Monitoring 

Committee’s recommendations. NMFS 

proposes to implement the Council and 

Board recommendations in order to 

allow for greater opportunity for trawl 

vessels to harvest Loligo squid while 

maintaining the protective aspects of the 

Southern GRA for scup.

Black Sea Bass

Black sea bass was last assessed in 

June 2004 at the 39th Northeast 

Regional SAW. The Stock Assessment 

Review Committee (SARC 39) indicated 

that black sea bass are no longer 

overfished and overfishing is not 

occurring. The biomass threshold is 

defined as the maximum value of a 3–

year moving average of the NEFSC 

spring survey catch-per-tow (1977–1979 

average of 0.9 kg/tow). The 2003 

biomass index (the 3–year average for 

2002–2004) is 1.4 kg/tow, about 55 

percent above the threshold. Based on 

this value, the stock is no longer 

overfished.

The target exploitation rate for 2005 is 

25 percent, which is based on the 

current estimate of Fmax or 0.32. Given 

the uncertainty in the spring survey 

estimates for the 2002–2004 period, and 

the potential underestimation of the 

2003 exploitation rate, the Black Sea 

Bass Monitoring Committee 

recommended maintaining the current 

TAL of 8 million lb (3,629 mt) for both 

2005 and 2006. The Council and Board 

rejected the Monitoring Committee 

recommendation, and instead 

recommended an 8.2 million-lb (3,719–

mt) TAL (based on information that the 

stock size has increased in recent years), 

but for 2005 only. This TAL would be 

a 2.5–percent increase from 2004. NMFS 

is proposing to implement the Council’s 

and Board’s TAL recommendation 

because it is considered likely to 

achieve the 25–percent exploitation rate 

that is required by the FMP.

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 4.02 million lb 

(1,823 mt) to the commercial sector and 

4.18 million lb (1,896 mt) to the 

recreational sector. The Council and 

Board also agreed to set aside 109,500 

lb (50 mt) of the black sea bass TAL for 

research activities. After deducting the 

RSA, the TAL would be divided into a 

commercial quota commercial quota of 

3.96 million lb (1,796 mt) and a 

recreational harvest limit of 4.13 million 

lb (1,873 mt).

In addition to the changes 

recommended by the Council and the 

Board, this proposed rule also would 

remove reference to a specific date by 

which the Summer Flounder, Scup, and 

Black Sea Bass Monitoring Committees 

shall meet for the purposes of 

recommending annual or multi-year 

TALs. These actions are intended to 

provide flexibility for the Council in 

scheduling Monitoring Committee 

meetings and to remove an unnecessary 

restriction. NMFS previously modified 

the text regarding Monitoring 

Committee meetings in §§ 648.100, 

648.120, and 648.140 to reflect that 

annual review of updated information 

on the fisheries by the Monitoring 

Committees would not be required 

during the period of multi-year 

specifications. These regulatory changes 

will be effective November 29, 2004 (69 

FR 62818, October 28, 2004).

Classification

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866.

An IRFA was prepared that describes 

the economic impact this proposed rule, 

if adopted, would have on small 

entities.

A description of the action, why it is 

being considered, and the legal basis for 

this action are contained in the 

preamble to this proposed rule. This 

proposed rule does not duplicate, 

overlap, or conflict with other Federal 

rules. A copy of the complete IRFA can 

be obtained from the Council (see 

ADDRESSES). A summary of the 

economic analysis follows.

The economic analysis assessed the 

impacts of the various management 

alternatives. The no action alternative is 

defined as follows: (1) No proposed 

specifications for the 2005 and 2006 

summer flounder fisheries and the 2005 

scup and black sea bass fisheries would 

be published; (2) the indefinite 

management measures (minimum mesh 

sizes, minimum sizes, possession limits, 

permit and reporting requirements, etc.) 

would remain unchanged; (3) there 

would be no quota set-aside allocated to 

research in 2005; (4) the existing GRA 

regulations would remain in place for 

2005; and (5) there would be no specific 

cap on the allowable annual landings in 

these fisheries (i.e., there would be no 

quotas). 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.

Table 5 presents the 2005 initial 

TALs, RSA, commercial quotas adjusted 

for RSA, and preliminary recreational 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 70421

harvests for the fisheries under these 

three quota alternatives.

BILLING CODE 3510–22–S

BILLING CODE 3510–22–C 

Table 6 presents the percent change 

associated with each of these 

commercial quota alternatives (adjusted 

for RSA) compared to the final adjusted 

quotas for 2004.

TABLE 6. PERCENT CHANGE ASSOCIATED WITH 2005 ADJUSTED COMMERCIAL QUOTA ALTERNATIVES COMPARED TO 2004 

ADJUSTED QUOTA. 

Total Changes Including Overages and RSA 

Quota Alternative 1 

(Preferred) 

Quota Alternative 2 

(Most Restrictive) 

Quota Alternative 3 

(Least Restrictive) 

Summer Flounder

Aggregate Change (2005) +7.20% -0.31% +15.44%

Aggregate Change 2006) +14.59% -2.08% +23.27%

Scup


EP06DE04.014</GPH>
70422 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 

TABLE 6. PERCENT CHANGE ASSOCIATED WITH 2005 ADJUSTED COMMERCIAL QUOTA ALTERNATIVES COMPARED TO 2004 

ADJUSTED QUOTA.—Continued

Total Changes Including Overages and RSA 

Quota Alternative 1 

(Preferred) 

Quota Alternative 2 

(Most Restrictive) 

Quota Alternative 3 

(Least Restrictive) 

Aggregate Change -0.85%* -35.60% +33.90%

Black Sea Bass

Aggregate Change +5.32% +2.93* +11.97%

*Denotes status quo management measures.

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 

2005 quotas (and 2006 summer flounder 

quota) could affect 2,114 vessels that 

held a Federal summer flounder, scup, 

and/or black sea bass permit in 2003. 

However, the more immediate impact of 

this rule will likely be felt by the 1,040 

vessels that actively participated (i.e., 

landed these species) in these fisheries 

in 2003.

The Council estimated the total 

revenues derived from all species 

landed by each vessel during calendar 

year 2003 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 2004 to 2005 (and 

2006 for the summer flounder fishery).

The Council’s analysis of the harvest 

limits in Alternative 1 (Preferred 

Alternative) indicated that these harvest 

levels would produce a revenue 

increase for 1,000 commercial vessels 

that are expected to be impacted by this 

rule. Up to 40 vessels that derive a large 

proportion of their revenues from scup 

were projected to incur small revenue 

losses (i.e., less than 5 percent) due to 

the decrease in the adjusted scup quota 

that results from the increase in scup 

GRA proposed for 2005. 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 2003 ex-vessel prices 

(summer flounder—$1.61/lb; scup—

$0.60/lb; and black sea bass—$2.02/lb), 

the 2005 quotas in Preferred Alternative 

1 would increase total summer flounder 

and black sea bass revenues by 

approximately $1.9 million and 

$165,000, respectively, and decrease 

scup revenues by approximately 

$60,000, relative to expected 2004 

revenues.

Assuming that the total ex-vessel 

gross revenue associated with the 

Preferred Alternative for each fishery is 

distributed equally among the vessels 

that landed those species in 2003, the 

average change in gross revenue per 

vessel associated with the preferred 

quota would be a $2,322 increase for 

summer flounder, a $106 decrease for 

scup, and a $546 increase for black sea 

bass. The number of vessels landing 

summer flounder, scup, and black sea 

bass in 2003 was 839, 566, and 702, 

respectively.

The overall increase in gross revenue 

associated with the three species 

combined in 2005 compared to 2004 is 

approximately $2.3 million (assuming 

2003 ex-vessel prices) under the 

Preferred Alternative. If this amount is 

distributed equally among the 1,040 

vessels that landed summer flounder, 

scup, and/or black sea bass in 2003, the 

average increase in revenue would be 

approximately $2,184 per vessel.

Complete revenue analysis for 2006 

cannot be completed at this time 

because the Council is recommending 

the 2006 TAL for summer flounder only. 

Based on the proposed 2006 TAL for 

summer flounder, and assuming 2003 

ex-vessel price ($1.61 per lb), ex-vessel 

revenue would increase by 

approximately $3.9 million relative to 

2004. Assuming the increase in summer 

flounder total ex-vessel gross revenue 

associated with the preferred alternative 

is distributed equally among the 839 

vessels that landed summer flounder in 

2003, the average increase in revenue 

associated with the increase in summer 

flounder TAL is $4,701 per vessel. The 

change in gross revenues associated 

with the potential changes in landings 

in 2006 versus 2004 assume static prices 

for summer flounder. However, if exvessel prices for this species change as 

a consequence of changes in landings, 

then the associated revenue changes 

could be different than those estimated 

above. Complete revenue analysis for 

the 2006 fishing year will be conducted 

as part of the proposed rule for the 2006 

summer flounder, scup, and black sea 

bass specifications, once the Council 

recommends TAL’s for scup and black 

sea bass.

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 191 commercial 

vessels, primarily because a large 

proportion of their revenues were 

derived from black sea bass, and a 

revenue loss for the other 935 

commercial vessels expected to be 

impacted by this proposed rule. 

Assuming 2003 ex-vessel prices as 

described above, the 2005 quotas in 

Alternative 2 would increase total black 

sea bass revenues by approximately 

$202,000, and decrease total summer 

flounder and scup revenues by 

approximately $81,000 and $2.6 

million, respectively, relative to 

expected 2004 revenues.

Assuming that the total ex-vessel 

gross revenue associated with 

Alternative 2 is distributed equally 

among the vessels that landed those 

species in 2003, the average change in 

gross revenue per vessel associated with 

Alternative 2 would be a $95 decrease 

for summer flounder, a $4,654 decrease 

for scup, and a $288 increase for black 

sea bass.

The overall reduction in gross 

revenue associated with the three 

species combined in 2005 compared to 

2004 is approximately $2.5 million 

(assuming 2003 ex-vessel prices) under 

Alternative 2. If this amount is 

distributed equally among the 1,040 

vessels that landed summer flounder, 

scup, and/or black sea bass in 2003, the 

average decrease in revenue would be 

approximately $2,416 per vessel.

The Council’s analysis of the harvest 

limits of Alternative 3 (i.e., the least

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 70423

restrictive harvest limits) indicated that 

these harvest limits would produce a 

revenue increase for all 1,040 

commercial vessels. Assuming 2003 exvessel prices as described above, the 

2005 quotas in Alternative 3 would 

increase total summer flounder, scup, 

and black sea bass revenues by 

approximately $4.2 million, $2.5 

million, and $889,000, respectively, 

relative to expected 2004 revenues.

Assuming that the total ex-vessel 

gross revenue associated with 

Alternative 3 is distributed equally 

among the vessels that landed those 

species in 2003, the average increase in 

gross revenue per vessel associated with 

Alternative 3 would be $4,790 for 

summer flounder, $4,442 for scup, and 

$1,266 for black sea bass.

The overall increase in gross revenue 

associated with the three species 

combined in 2005 compared to 2004 is 

approximately $7.6 million (assuming 

2003 ex-vessel prices) under Alternative 

3. If this amount is distributed equally 

among the 1,040 vessels that landed 

summer flounder, scup, and/or black 

sea bass in 2003, the average increase in 

revenue would be approximately $7,281 

per vessel.

The Council also prepared an analysis 

of the alternative recreational harvest 

limits. The 2005 recreational harvest 

limits were compared with previous 

years through 2003, 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 8.01 

million lb (3,633 mt), 18 percent below 

the recreational harvest limit of 9.72 

million lb (4,409 mt). In 2003, 

recreational landings were 11.61 million 

lb (5,266 mt), 4 percent above the 

recreational harvest limit of 9.32 million 

lb (4,228 mt).

The Alternative 1 summer flounder 

2005 and 2006 preferred recreational 

harvest limits (adjusted for RSA) of 

11.98 million lb (5,434 mt) and 12.80 

million lb (5,806 mt), respectively, 

would be a 6–percent and 14–percent 

increase, respectively, from the 2004 

recreational harvest limit of 11.21 

million lb (5,085 mt), and would 

represent a 3–percent and 10–percent 

increase, respectively, from 2003 

landings. The 2005 and 2006 summer 

flounder Alternative 2 (status quo 

alternative) recreational harvest limits of 

11.14 million lb (5,053 mt) and 10.94 

million lb (4,962 mt), respectively, 

would be less than 1 percent and 3 

percent lower, respectively, than the 

2004 recreational harvest limit, and 

would represent a 4–percent decrease 

and a 6–percent decrease, respectively, 

from 2003 recreational landings. The 

2005 and 2006 summer flounder 

Alternative 3 recreational harvest limits 

of 12.90 million lb (5,851 mt) and 13.77 

million lb (6,246 mt), respectively, 

would be a 15–percent and 23–percent 

increase, respectively, from the 2004 

recreational harvest limit and would 

represent an 11–percent increase and a 

19–percent increase, respectively, from 

2003 recreational 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 

2005 and 2006 recreational harvest 

limits, depending upon the effectiveness 

of the 2004 recreational management 

measures. More restrictive regulations 

could affect demand for party/charter 

boat trips. However, the market demand 

for this sector currently is 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 proposed 6–percent (for 

2005) and 14–percent (for 2006) 

increase in the recreational harvest 

limit, relative to 2004 because of the 

increase in fishing opportunities. The 

Council intends to recommend specific 

measures to attain the 2005 summer 

flounder recreational harvest limit in 

December 2004, and will provide 

additional analysis of the measures 

upon submission of its 

recommendations in early 2005. 

Similarly, the Council will recommend 

2006 recreational management measures 

in December 2005.

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), or 33 percent above the recreational 

harvest limit of 2.71 million lb (1,229 

mt). In 2003, recreational landings were 

9.33 million lb (4,232 mt), or 132 

percent above the recreational harvest 

limit of 4.01 million lb (1,819 mt). 

Under the Preferred Alternative, the 

adjusted scup recreational harvest limit 

for 2005 would be 3.96 million lb (1,796 

mt), 1 percent lower than the 2004 

recreational harvest limit, and would 

represent a 57–percent decrease from 

2003 recreational landings. The 

Alternative 2 scup recreational harvest 

limit of 2.74 million lb (1,242 mt) for 

2005 would be 32 percent less than the 

2004 recreational harvest limit, and 71 

percent less than 2003 recreational 

landings. The Alternative 3 scup 

recreational harvest limit of 5.17 million 

lb (2,345 mt) for 2005 would be an 

increase of 30 percent from the 2004 

recreational harvest limit and would 

represent a 45–percent decrease from 

2003 recreational landings. With 

Alternative 2, and possibly Alternative 

1, more restrictive management 

measures might be required to prevent 

anglers from exceeding the 2004 

recreational harvest limit, depending 

largely upon the effectiveness of the 

2004 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 30,000 lb 

(13.6 mt) less than the adjusted limit for 

2004, because it is only a marginal 

difference from the current harvesting 

limit, it is not likely that more effort 

controls (e.g., bag limits) will be 

required to constrain 2005 recreational 

landings. Overall, positive social and 

economic impacts are expected to occur 

as a result of the scup recreational 

harvest limit for 2005 because current 

opportunities for recreational fishing 

would be maintained. The Council 

intends to recommend specific 

measures to attain the 2005 scup 

recreational harvest limit in December 

2004, and will provide additional 

analysis of the measures upon 

submission of its recommendations 

early in 2005.

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, 2002, and 

2003, recreational landings were 3.42 

million lb (1,551 mt), 4.46 million lb 

(2,023 mt), and 4.26 million lb (1,932 

mt), respectively. For the recreational 

fishery, the adjusted 2005 harvest limit 

under Alternative 1 would be 4.13 

million lb (1,873 mt), a 3–percent 

increase from the 2004 recreational 

harvest limit and a 3–percent decrease 

from 2003 recreational landings. Under 

Alternative 2, the 2005 recreational 

harvest limit would be 4.02 million lb 

(1,823 mt), a less than 1–percent 

increase from the 2004 recreational 

harvest limit and a 6–percent decrease 

from 2003 recreational landings. The 

2005 recreational harvest limit under 

Alternative 3 would be 4.38 million lb 

70424 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 

(1,986 mt), a 9–percent increase from 

the 2004 recreational harvest limit and 

a 3–percent increase from 2003 

recreational landings. Each of the three 

alternatives 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 2005 black sea 

bass recreational harvest limit in 

December 2004, and will provide 

additional analysis of the measures 

upon submission of its 

recommendations early in 2005. 

Overall, positive social and economic 

impacts are expected to occur as a result 

of the preferred black sea bass 

recreational harvest limit for 2004 

because of the increase in fishing 

opportunities.

In summary, the 2005 commercial 

quotas and recreational harvest limits 

contained in the Preferred Alternative, 

after accounting for the proposed RSA 

amounts, would result in substantially 

higher summer flounder and black sea 

bass landings and a small decrease in 

scup landings, relative to 2004. The 

proposed specifications contained in the 

Preferred Alternative were chosen 

because they allow for the maximum 

level of landings, while still achieving 

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 commercial scup 

possession limits for Winter I (30,000 lb 

(13.6 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 (i.e., 

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 

30,000 lb (13.6 mt) landing limits per 2–

week period 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 derbystyle 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 the best time for them to fish 

and further help to avoid market gluts 

and unsafe fishing practices. The 

recommended possession limit is the 

maximum possible possession limit that 

fits within the landing limit constraint 

being imposed by the states under the 

aegis of the Commission (a landing limit 

of 30,000 lb (13.6 mt) per 2–week 

period). Therefore, there would be no 

marginal benefit associated with any 

possession limit higher than 30,000 lb 

(13.6 mt) that the Council might have 

considered. And, because any 

possession limit that the Council might 

have considered less than 30,000 lb 

(13.6 mt) would have imposed a 

constraint on the industry, potentially 

preventing them from taking full 

advantage of the states’ landing limit, 

the proposed Winter I possession limit 

is the alternative at would result in the 

most beneficial economic impacts to the 

industry.

Maintaining the current mesh size 

and the current threshold level to trigger 

the mesh requirement for the scup 

fishery would not be expected to change 

the economic or social impacts in 2005 

compared to 2004. However, the 

proposed actions to increase the 

minimum scup mesh size from 4.5 in 

(11.4 cm) to 5.0 in (12.7 cm) and the 

related threshold trigger from 100 lb (45 

kg) to 200 lb (90 kg) would have positive 

socioeconomic impacts as they would 

allow for a reduction in the discard of 

undersized fish, thus improving the 

efficiency of the commercial scup 

fishery compared to the status quo. The 

cost to the industry to implement the 

change in minimum mesh size is 

expected to be minimal due to the 

configuration of the nets subject to this 

change. The current regulations allow 

for 4.5–in (11.4–cm) mesh in the codend 

of a net for no more than 25 meshes 

from the terminus of the net. Forward of 

this codend, at least 100 meshes must be 

5.0–in (12.7–cm) mesh. To implement 

the proposed change, all that would be 

required in these nets is the removal of 

the 4.5–in (11.4–cm) codend and closing 

off the remaining 5.0–in (12.7–cm) 

mesh. Increasing the minimum mesh 

size to something larger than 5.0 in (12.7 

cm) would require much more 

significant changes in net configuration 

and would result in more significant 

costs to the industry. Maintaining the 

status quo mesh size, or decreasing the 

minimum mesh to something smaller 

than 4.5 in (11.4 cm), would eliminate 

any need for the industry to alter net 

configurations, but would also forgo the 

opportunity to increase the efficiency of 

the fishery by reducing discards of small 

scup and other species currently caught 

in the 4.5–in (11.4–cm) mesh nets. The 

Council therefore determined that the 

preferred scup mesh size and threshold 

level minimize negative economic 

impacts on the industry.

The costs and benefits of allowing 

vessels using 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. 

Given that no fishing vessels have 

participated in the GRA Exemption 

Program since its implementation, its 

elimination is not expected to result in 

changes to the economic and social 

aspects of the fishery compared to the 

status quo alternative.

Under the status quo alternative for 

the scup Southern GRA, socioeconomic 

impacts are expected to be similar to 

those in previous years. Moving the 

Southern GRA 3 minutes westward is 

expected to result in positive 

socioeconomic impacts, relative to the 

status quo, due to increased availability 

of Loligo to participants in the smallmesh trawl fishery. Trawl survey data 

indicate that the westward shift of the 

Southern GRA could result in a 3–

percent increase in the capture of scup, 

a 5–percent increase in black sea bass 

capture, and an 8–percent increase in 

Loligo capture. The Council also 

considered an alternative to redefine the 

seaward boundary of the Southern GRA 

so that it would approximate the 50–

fathom (91.4–m) bathymetric contour, 

thus making an additional 1,455–nm2 

area available for the small-mesh trawl 

fishery. It is estimated that this change 

would result in a 31–percent increase in 

the capture of scup, a 40–percent 

increase in black sea bass capture, and 

an 21–percent increase in Loligo

capture. This second alternative was not 

selected because, as indicated by the 

Council, losses in estimated protection 

under this alternative would likely have 

a diminishing effect on any positive 

impacts accumulated thus far, such that 

the Southern GRA would be less likely 

to function adequately as a protective 

mechanism for scup and black sea bass.

The commercial portion of the 

summer flounder RSA allocations in the 

Preferred Alternative, if made available 

to the commercial fishery, could be 

worth as much as $341,884 (for 2005) 

and $956,340 (for 2006) dockside, based 

on a 2003 ex-vessel price of $1.61/lb. 

Assuming an equal reduction in fishing 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 70425

opportunity among all active vessels 

(i.e., the 839 vessels that landed summer 

flounder in 2003), this could result in a 

per-vessel potential revenue loss of 

approximately $407 (for 2005) and 

$1,140 (for 2006). Because information 

pertaining to RSA projects for 2006 is 

not yet known, the per-vessel revenue 

loss for 2006 is likely overestimated 

because the RSA allocation assumed for 

2006 represents the maximum allowable 

allocation (3 percent of the TAL). The 

Council to date has never utilized the 

maximum allowable RSA allocation, so 

it is expected that at least some of the 

assumed RSA allocation would 

ultimately be added back into the 

commercial quota for 2006. Changes in 

the summer flounder recreational 

harvest limit as a result of the 353,917–

lb (79–mt) RSA are not expected to be 

significant as the deduction of RSA from 

the TAL would result in a relatively 

marginal decrease in the recreational 

harvest limit from 12.1 million lb (5,489 

mt) to 12 million lb (5,443 mt) for 2005 

and from 13.2 million lb (5,987 mt) to 

12.8 million lb (5,805 mt) for 2006. 

Because this is a marginal change, 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 $142,119 dockside, 

based on a 2003 ex-vessel price of 

$0.60/lb. Assuming an equal reduction 

in fishing opportunity for all active 

commercial vessels (i.e., the 566 vessels 

that landed scup in 2003), this could 

result in a loss of potential revenue of 

approximately $251 per vessel. The 

deduction of RSA from the TAL results 

in a relatively marginal decrease in the 

recreational harvest limit from 4.03 

million lb (1,828 mt) to 3.96 million lb 

(1,796 mt). It is unlikely that scup 

recreational possession, size, or seasonal 

limits would change as the result of the 

RSA allocation because the reduction in 

the harvest limit is so small.

The black sea bass RSA allocation in 

the Preferred Alternative, if made 

available to the commercial fishery, 

could be worth as much as $108,383 

dockside, based on a 2003 ex-vessel 

price of $2.02/lb. Assuming an equal 

reduction in fishing opportunity for all 

active commercial vessels (i.e., the 702 

vessels that caught black sea bass in 

2003), this could result in a loss of 

approximately $154 per vessel. The 

deduction of RSA from the TAL would 

result in a relatively marginal decrease 

in recreational harvest from black sea 

bass recreational harvest limit from 4.18 

million lb (1,896 mt) to 4.13 million lb 

(1,873 mt). It is unlikely that the black 

sea bass possession, size, or seasonal 

limits would change as the result of this 

RSA allocation because the reduction in 

the harvest limit is so small.

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. 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.

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: December 1, 2004.

William T. Hogarth,

Assistant Administrator for Fisheries, 

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 § 648.14, paragraph (a)(127) is 

removed and reserved, and 

paragraph(a)(122) is revised to read as 

follows:

§ 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 

§ 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 §§ 648.122 and 648.123(a), 

unless the nets or netting are stowed in 

accordance with § 648.123(b).

* * * * *

(127) [Reserved]

3. In § 648.100, paragraph (a) is 

revised to read as follows:

§ 648.100 Catch quotas and other 

restrictions.

(a) Review. The Summer Flounder 

Monitoring Committee shall review 

each year the following data, subject to 

availability, unless a TAL has already 

been established for the upcoming 

calendar year as part of a multiple-year 

specification process, provided that new 

information does not require a 

modification to the multiple-year 

quotas, to determine the annual 

allowable levels of fishing and other 

restrictions necessary to achieve, with at 

least a 50–percent probability of 

success, a fishing mortality rate (F) that 

produces the maximum yield per recruit 

(Fmax): Commercial, recreational, and 

research catch data; current estimates of 

fishing mortality; stock status; recent 

estimates of recruitment; virtual 

population analysis results; levels of 

noncompliance by fishermen or 

individual states; impact of size/mesh 

regulations; sea sampling and winter 

trawl survey data or, if sea sampling 

data are unavailable, length frequency 

information from the winter trawl 

survey and mesh selectivity analyses; 

impact of gear other than otter trawls on 

the mortality of summer flounder; and 

any other relevant information.

* * * * *

4. In § 648.120, paragraph (a) is 

revised to read as follows:

§ 648.120 Catch quotas and other 

restrictions.

(a) Review. The Scup Monitoring 

Committee shall review each year the 

following data, subject to availability, 

unless a TAL already has been 

established for the upcoming calendar 

year as part of a multiple-year 

specification process, provided that new 

information does not require a 

modification to the multiple-year 

quotas: Commercial, recreational, and 

research data; current estimates of 

fishing mortality; stock status; recent 

estimates of recruitment; virtual 

population analysis results; levels of 

noncompliance by fishermen or 

individual states; impact of size/mesh 

regulations; impact of gear on the 

mortality of scup; and any other 

relevant information. This review will 

be conducted to determine the 

allowable levels of fishing and other 

restrictions necessary to achieve the F 

that produces the maximum yield per 

recruit (Fmax).

* * * * *

5. In § 648.122, paragraph (d) is 

removed and reserved, and the section 

heading, paragraph (a)(1), and the first 

two sentences of paragraph (b)(1) are 

revised to read as follows:

§ 648.122 Season and area restrictions.

(a) * * *

(1) * * * From January 1 through 

March 15, all trawl vessels in the 

70426 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Proposed Rules 

Southern Gear Restricted Area that fish 

for or possess non-exempt species as 

specified in paragraph (a)(2) of this 

section must fish with nets that have a 

minimum mesh size of 5.0–inch (12.7–

cm) diamond mesh, applied throughout 

the codend for at least 75 continuous 

meshes forward of the terminus of the 

net. For trawl nets with codends 

(including an extension) of fewer than 

75 meshes, the entire trawl net must 

have a minimum mesh size of 5.0 inches 

(12.7 cm) throughout the net. 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° 20′ 72° 53′

SGA2 ........ 39° 20′ 72° 28′

SGA3 ........ 38° 00′ 73° 58′

SGA4 ........ 37° 00′ 74° 43′

SGA5 ........ 36° 30′ 74° 43′

SGA6 ........ 36° 30′ 75° 03′

SGA7 ........ 37° 00′ 75° 03′

SGA8 ........ 38° 00′ 74° 23′

SGA1 ........ 39° 20′ 72° 50′

(b) * * *

(1) * * * 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, 5.0–inch (12.7 cm) diamond 

mesh, applied throughout the codend 

for at least 75 continuous meshes 

forward of the terminus of the net. For 

trawl nets with codends (including an 

extension) of fewer than 75 meshes, the 

entire trawl net must have a minimum 

mesh size of 5.0 inches (12.7 cm) 

throughout the net. * * *

* * * * *

(d) [Reserved]

* * * * *

6. In § 648.123, paragraph (a)(1) is 

revised to read as follows:

§ 648.123 Gear restrictions.

(a) * * *

(1) Minimum mesh size. No owner or 

operator of an otter trawl vessel that is 

issued a scup moratorium permit may 

possess 500 lb (226.8 kg) or more of 

scup from November 1 through April 

30, or 200 lb (90.7 kg) or more of scup 

from May 1 through October 31, unless 

fishing with nets that have a minimum 

mesh size of 5.0–inch (12.7–cm) 

diamond mesh, applied throughout the 

codend for at least 75 continuous 

meshes forward of the terminus of the 

net, and all other nets are stowed in 

accordance with § 648.23(b)(1). For 

trawl nets with codends (including an 

extension) of fewer than 75 meshes, the 

entire trawl net must have a minimum 

mesh size of 5.0 inches (12.7 cm) 

throughout the net. Scup on board these 

vessels must be stowed separately and 

kept readily available for inspection. 

Measurement of nets will be in 

conformity with § 648.80(f)(2)(ii).

* * * * *

7. In § 648.140, paragraph (a) is 

revised to read as follows:

§ 648.140 Catch quotas and other 

restrictions.

(a) Review. The Black Sea Bass 

Monitoring Committee shall review 

each year the following data, subject to 

availability, unless a TAL already has 

been established for the upcoming 

calendar year as part of a multiple-year 

specification process, provided that new 

information does not require a 

modification to the multiple-year 

quotas, to determine the allowable 

levels of fishing and other restrictions 

necessary to result in a target 

exploitation rate of 23 percent (based on 

Fmax) in 2003 and subsequent years: 

Commercial, recreational, and research 

catch data; current estimates of fishing 

mortality; stock status; recent estimates 

of recruitment; virtual population 

analysis results; levels of 

noncompliance by fishermen or 

individual states; impact of size/mesh 

regulations; sea sampling and winter 

trawl survey data, or if sea sampling 

data are unavailable, length frequency 

information from the winter trawl 

survey and mesh selectivity analyses; 

impact of gear other than otter trawls, 

pots and traps on the mortality of black 

sea bass; and any other relevant 

information.

* * * * *

[FR Doc. 04–26724 Filed 12–3–04; 8:45 am]

BILLING CODE 3510–22–S