75134 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations 

shark fins, respectively, the estimated 

revenue for the first trimester in 2006 

from the 113.8 mt in overharvest was 

$317,998. However, a closure during the 

first trimester of 2007 would result in 

disrupted revenue flows and result in 

negative economic impacts. 

Overall, the economic impact of 

reduced 2007 LCS quota for both the 

South Atlantic and Gulf of Mexico 

regions would result in a total economic 

impact of $648,462 in reduced revenues. 

While those past excess revenues 

exceed the 2007 estimated reductions in 

revenues from LCS, it is still likely that 

fishing operations will face economic 

impacts due to dramatic cash flow 

reductions in 2007 and, potentially, 

beyond since it is likely that 2006 

excess revenues were not retained by 

fishermen to offset future shortfalls 

since reductions in quota were likely 

unanticipated at the time. Some of these 

impacts might be mitigated somewhat 

for vessels that can fish in other regions 

or fisheries. However, these 

opportunities will likely be limited and 

result in additional costs associated 

with adjusting current fishing practices. 

The Agency received public comment 

indicating that quota reductions in the 

golden tilefish fishery will also impact 

participants fishing with bottom 

longline gear in the Cape Canaveral, FL, 

area as many of these fishermen depend 

on LCS and golden tilefish. 

Alternative A2, the preferred 

alternative, which would close the 

entire South Atlantic region for LCS 

during the first trimester of 2007 and 

open the entire region including the 

mid-Atlantic shark closed area region in 

July 2007, pending availability of quota, 

could minimize the economic costs 

associated with the South Atlantic 

regional overharvest. As described 

above for Alternative A1, the 2006 

overharvest is estimated to have a direct 

revenue impact on regional commercial 

shark fishing activity of approximately 

$338,242 for the South Atlantic and 

$310,220 for the Gulf of Mexico. In 

2005, 46 vessels reported landings in 

the South Atlantic region, indicating 

that the LCS closure could result in a 

loss of revenue of approximately $7,353 

per vessel. There were also 86 vessels 

reporting landings in the Gulf of 

Mexico, indicating that the LCS reduced 

quota in this region for the first 

trimester could result in a loss of 

revenues of approximately $3,607 per 

vessel. However, this alternative might 

provide an additional month of fishing 

opportunities for vessels that may not be 

able to participate in the South Atlantic 

regional fishery during the first six 

months of 2007. Compared to preclosure landings (2002–2004), landings 

in 2005 of LCS decreased by 13.9 mt dw 

which may have been a result of the 

closed area. This additional month of 

access to the mid-Atlantic shark closed 

area during the month of July is 

estimated to potentially result in an 

additional $34,188 in gross shark 

revenues based on the difference in 

landings that may occur as a result of 

reopening the mid-Atlantic shark closed 

area. 

Alternative A3 would open the midAtlantic shark closed area on January 1, 

2007, through July 31, 2007, dependant 

on available quota for LCS during the 

first and second trimester seasons of 

2007. Given the preliminary landings 

data as of November 13, 2006 (71 FR 

66154), it is likely quota will not be 

available since the data indicate that 

extensive overharvests in the South 

Atlantic region would result in no 

available quota in that region. The 

impacts of this alternative would be 

similar to the preferred alternative or 

the status quo alternative as lack of 

available quota would prevent fishing in 

the South Atlantic region during the 

first trimester. In addition, updated 

landings data for LCS in the Gulf of 

Mexico region indicate that a transfer of 

LCS quota from the Gulf of Mexico 

region to the South Atlantic region is no 

longer a feasible option. This alternative 

is not preferred because the preferred 

alternative achieves similar objectives, 

yet ensures that the ecological benefits 

of maintaining the mid-Atlantic shark 

closed area are maintained through June 

2007. 

Alternatives (A4 and A5) were also 

considered. These two alternatives 

would have modified the percent of the 

annual baseline quota each region 

received based on recent harvest (A4) or 

would have spread the impacts of the 

current overharvest out over several 

years (A5). These two alternatives were 

not preferred given the data used for 

modifying the current regional 

allocation did not consider the 

overharvest (logbooks from 2006 are not 

available for analyses yet) and given the 

Agency’s decision to amend shark 

management based on the results of the 

latest assessments (November 7, 2006; 

71 FR 65086). 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties. 

Dated: December 7, 2006. 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

■ For reasons set out in the preamble, 50 

CFR part 635 is amended as follows: 

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES 

■ 1. The authority citation for part 635 

continues to read as follows: 

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

et seq. 

■ 2.In § 635.21, paragraph (d)(1) is 

revised to read asfollows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(d) * * * 

(1) If bottom longline gear is on board 

a vessel issued a permit under this part 

635, persons on board that vessel may 

not fish or deploy any type of fishing 

gear in the mid-Atlantic shark closed 

area from January 1 through July 31 

each calendar year, except that in 2007 

the mid-Atlantic shark closed area will 

be closed from January 1 through June 

30 and may open in July, contingent 

upon available quota. 

* * * * * 

[FR Doc. 06–9667 Filed 12–8–06; 2:52 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

RIN 0648–AT60 

[Docket No. 061020273–6321–02; I.D. 

101606A] 

Fisheries of the Northeastern United 

States; Summer Flounder, Scup, and 

Black Sea Bass Fisheries; 2007 

Summer Flounder, Scup, and Black 

Sea Bass Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues final 

specifications for the 2007 summer 

flounder, scup, and black sea bass 

fisheries. This final rule specifies 

allowed harvest limits for both 

commercial and recreational fisheries, 

including commercial scup possession 

limits. This action prohibits federally 

permitted commercial vessels from 

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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations 75135 

landing summer flounder in Delaware 

in 2007 due to continued quota 

repayment from previous year’s 

overages. 

The actions of this final rule are 

necessary to comply with regulations of 

implementing the Summer Flounder, 

Scup, and Black Sea Bass Fishery 

Management Plan (FMP) as well as to 

ensure compliance with the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act). 

The intent of this action is to establish 

harvest levels and other management 

measures to ensure that target fishing 

mortality rates (F) or exploitation rates, 

as specified for these species in the 

FMP, are not exceeded. In addition, this 

action implements measures that ensure 

continued rebuilding of the overfished 

scup stock and end overfishing in the 

summer flounder fishery. 

DATES: Effective January 1, 2007, 

through December 31, 2007. 

ADDRESSES: Copies of the specifications 

document, including the Environmental 

Assessment (EA), Regulatory Impact 

Review (RIR), the Initial Regulatory 

Flexibility Analysis (IRFA), and other 

supporting documents used by the 

Summer Flounder, Scup, and Black Sea 

Bass Monitoring Committees are 

available from Daniel Furlong, 

Executive Director, Mid-Atlantic 

Fishery Management Council, Room 

2115, Federal Building, 300 South 

Street, Dover, DE 19901–6790. The 

specifications document is also 

accessible via the Internet at http:// 

www.nero.noaa.gov. The Final 

Regulatory Flexibility Analysis (FRFA) 

consists of the IRFA, public comments 

and responses contained in this final 

rule, and the summary of impacts and 

alternatives contained in this final rule. 

Copies of the small entity compliance 

guide and the Supplemental Regulatory 

Impact Review Analysis are available 

from Patricia A. Kurkul, Regional 

Administrator, Northeast Region, 

National Marine Fisheries Service, One 

Blackburn Drive, Gloucester, MA 

01930–2298. 

FOR FURTHER INFORMATION CONTACT: 

Michael P. Ruccio, Fishery Policy 

Analyst, (978) 281–9104. 

SUPPLEMENTARY INFORMATION: 

Background 

The summer flounder, scup, and 

black sea bass fisheries are managed 

cooperatively by the Atlantic States 

Marine Fisheries Commission 

(Commission) and the Mid-Atlantic 

Fishery Management Council (Council), 

in consultation with the New England 

and South Atlantic Fishery Management 

Councils. 

The management units specified in 

the FMP include summer flounder 

(Paralichthys dentatus) in U.S. waters of 

the Atlantic Ocean from the southern 

border of 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, subpart A (general 

provisions), subpart G (summer 

flounder), subpart H (scup), and subpart 

I (black sea bass). 

The regulations outline the process 

for specifying the annual 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 

an exploitation rate (the proportion of 

fish available at the beginning of the 

year that may be removed by fishing 

during the year). Once the catch limits 

are established, they are divided into 

quotas based on formulas contained in 

the FMP. Detailed background 

information regarding the status of the 

summer flounder, scup, and black sea 

bass stocks and the development of the 

2007 specifications for these fisheries 

was provided in the proposed 

specifications (71 FR 62972, October 27, 

2006). That information is not repeated 

here. 

NMFS will establish the 2007 

recreational management measures for 

summer flounder, scup, and black sea 

bass by publishing a proposed and final 

rule in the Federal Register at a later 

date, following receipt of the Council’s 

recommendations as specified in the 

FMP. 

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 2007, the Total 

Allowable Landings (TAL) must be set 

equal to Frebuild or the level of fishing 

mortality that will help ensure that the 

summer flounder stock is rebuilt by 

2010. Therefore, for 2007, Ftarget= Frebuild

at 0.15. This complies with the 

requirement at 50 CFR 648.100 that the 

agency implement measures (e.g., a 

TAL) necessary to ensure, with at least 

a 50–percent probability, that Fmax will 

not be exceeded. This provision gives 

NMFS the ability to meet the statutory 

obligation under section 304 of the 

Magnuson-Stevens Act to rebuild the 

summer flounder stock to its target 

biomass within the statutory 10-year 

period. 

The TAL associated with the target F 

is allocated 60 percent to the 

commercial sector and 40 percent to the 

recreational sector. The commercial 

quota is allocated to the coastal states 

based upon percentage shares specified 

in the FMP. The recreational harvest 

limit is specified on a coastwide basis. 

Recreational measures will be the 

subject of a separate rulemaking early in 

2007. 

This final rule implements the 

specifications contained in the October 

27, 2006, proposed rule: A summer 

flounder TAL of 12.983 million lb 

(5,889 mt) for 2007. The TAL for 2007 

is allocated 7,789,800 lb (3,533 mt) to 

the commercial sector and 5,193,200 lb 

(2,356 mt) to the recreational sector. 

This TAL is expected to have at least a 

75–percent probability of achieving the 

target F of 0.15 in 2007, if the 2006 TAL 

and assumed discard levels are not 

exceeded, and is also expected to allow 

for rebuilding of the stock to the target 

biomass by 2010. 

Four research projects that would 

utilize the full summer flounder 

research set-aside (RSA) of 389,490 lb 

(177 mt) have been conditionally 

approved by NMFS and are currently 

awaiting notice of award. If a project is 

not approved by the NOAA Grants 

Office, the research quota associated 

with the disapproved proposal will be 

restored to the summer flounder TAL 

through publication in the Federal 

Register. 

Consistent with the revised quota 

setting procedures for the FMP found at 

50 CFR 648.100(a)(1)(ii), summer 

flounder overages are determined based 

upon landings for the 2005 calendar 

year that were not accounted for in the 

2006 final rule (70 FR 77060, December 

29, 2005) and any current fishing year 

overages through October 31, 2006. 

Table 1 summarizes, for each state, the 

commercial summer flounder percent 

share, the 2007 commercial quota (both 

initial and less the RSA), the quota 

reductions from overages as described 

above, and the resulting final adjusted 

2007 commercial quota. 

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TABLE 1. FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2007 

Percent 

Share 

Initial Quota Initial Quota, Less RSA Quota Overages (through 

10/31/06)1

Adjusted Quota less RSA2

State lb kg lb kg lb kg lb kg 

ME 0.04756 3,705 1,681 3,594 1,630 0 0 3,594 1,630 

NH 0.00046 36 16 35 16 0 0 35 16 

MA 6.82046 531,300 240,998 515,361 233,768 30,046 13,629 485,315 220,139 

RI 15.68298 1,221,673 554,151 1,185,023 537,526 0 0 1,185,023 537,526 

CT 2.25708 175,822 79,753 170,547 77,360 16,470 7,471 154,077 69,889 

NY 7.64599 595,685 270,203 577,815 262,097 156,038 70,779 421,777 191,318 

NJ 16.72499 1,302,843 590,970 1,263,758 573,241 0 0 1,263,758 573,241 

DE 0.01779 1,386 629 1,344 610 50,528 22,920 -49,184 -22,310 

MD 2.03910 158,842 72,051 154,077 69,889 0 0 154,077 69,889 

VA 21.31676 1,660,533 753,218 1,610,717 730,621 0 0 1,610,717 730,621 

NC 27.44584 2,137,976 969,786 2,073,837 940,692 0 0 2,073,837 940,692 

Total 3 100.00 7,789,801 3,533,454 7,556,108 3,427,451 253,082 114,798 7,303,026 3,312,653 

1 2006 quota overage is determined through comparison of landings for January through October 2006 plus any landings in 2005 in excess of 

the 2005 quota that were not previously addressed in the 2006 quota specifications, with the final 2006 quota for each state (70 FR 77060, December 29, 2006). 2 Negative numbers indicate a state allocation in quota repayment status from previous year’s overages. 3 Total quota is the sum of all states having allocation. A state with a negative number has an allocation of zero (0). Kilograms are as converted from pounds and may not necessarily add due to rounding. 

The Commission has established a 

system whereby 15 percent of each 

state’s quota may be voluntarily set 

aside each year to enable vessels to land 

an incidental catch allowance after the 

directed fishery in a state 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 ensuring 

that the state’s overall quota is not 

exceeded. These Commission set-asides 

are not included in these 2007 final 

summer flounder specifications because 

NMFS does not have authority to 

establish such subcategories. 

The Commission’s Summer Flounder, 

Scup, and Black Sea Bass Management 

Board (Board) did not adopt a 2007 

summer flounder TAL recommendation 

at their joint meeting with the Council 

in October 2006, leaving the TAL for 

state waters undecided. The Board is 

scheduled to take action on 

recommending a 2007 TAL on 

December 10, 2006. There is insufficient 

time for NMFS to wait until after the 

Board’s decision to submit documents 

to the Federal Register and still publish 

specifications no later than the Courtmandated January 1 deadline. While it 

is possible that the Board will adopt the 

TAL implemented by this rule, it is also 

possible that the Board will adopt a 

higher TAL, resulting in to inconsistent 

2007 summer flounder TALs for state 

and Federal waters. 

Should the Board adopt a TAL higher 

than 12.983 million lb (5,889 mt) for 

2007, NMFS would be required to take 

immediate action and suspend the 

specifications contained in this final 

rule by utilizing an interim or 

emergency action in the Federal 

Register to implement alternative 

measures that ensure that overfishing 

does not occur in 2007, and that the 

rebuilding schedule is not compromised 

by the dual-TAL situation in 2007. 

These measures may consist of, but are 

not limited to, the following: 

• A complete closure of the 

commercial and recreational summer 

flounder fisheries in Federal waters (i.e., 

the Exclusive Economic Zone (EEZ)) in 

2007. Possession of summer flounder by 

federally permitted vessels in the 

commercial or recreational for-hire 

fisheries would not be permitted. 

• No summer flounder RSA would be 

authorized for 2007. 

• Commercial landings in states that 

exceed their percentage allocation of the 

7.79–million lb (3,534–mt) quota, which 

is 60 percent of the 12.983–million-lb 

(5,889–mt) TAL, from state water 

commercial landings constitute and 

overage; these states would be in quota 

repayment status for 2008 and 

subsequent years, as needed. 

• Conservation equivalency in the 

recreational fishery would not be 

approved for 2007 and possibly for 

subsequent years. 

If the Board adopts the 12.983–

million-lb (5,889–mt) TAL, then no 

additional action by NMFS will be 

necessary to ensure that the 2007 Ftarget is attained for the 2007 summer 

flounder fishery. 

Delaware Summer Flounder Closure 

Table 1 indicates that, for Delaware, 

the amount of the 2006 summer 

flounder quota overage (inclusive of 

overharvest from previous years) is 

greater than the amount of commercial 

quota allocated to Delaware for 2007. As 

a result, there is no quota available for 

2007 in Delaware. The regulations at 

§ 648.4(b) provide that Federal permit 

holders, as a condition of their permit, 

must not land summer flounder in any 

state that the Regional Administrator 

has determined no longer has 

commercial quota available for harvest. 

Therefore, effective January 1, 2007, 

landings of summer flounder in 

Delaware by vessels holding commercial 

Federal summer flounder fisheries 

permits are prohibited for the 2007 

calendar year, unless additional quota 

becomes available through a quota 

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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations 75137 

transfer and is announced in the 

Federal Register. Federally permitted 

dealers are advised that they may not 

purchase summer flounder from 

federally permitted vessels that land in 

Delaware for the 2007 calendar year, 

unless additional quota becomes 

available through a transfer. 

Scup 

This final rule implements the 

specifications contained in the 

November 27, 2006, proposed rule: A 

13.97–million-lb (6,337–mt) scup TAC 

and a 12.0–million-lb (5,443–mt) scup 

TAL. The FMP specifies that the Total 

Allowable Catch (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, i.e., TAC minus discards 

equals TAL. The commercial TAC, 

discards, and TAL (commercial quota) 

are 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 (NovemberDecember)--15.94 percent. The 

recreational harvest limit is allocated on 

a coastwide basis. Recreational 

measures will be the subject of a 

separate rulemaking early in 2007. 

After deducting 360,000 lb (163 mt) of 

RSA for the approved research projects, 

the TAL is divided into a commercial 

quota of 8,895,800 lb (4,035 mt) and a 

recreational harvest limit of 2,744,200 lb 

(1,245 mt). If a project is not approved 

by the NOAA Grants Office, the research 

quota associated with the disapproved 

proposal will be restored to the scup 

TAL through publication in the Federal 

Register. 

Consistent with the revised quota 

setting procedures established for the 

FMP at 50 CFR 648.120(d)(4)(i), scup 

overages are determined based upon 

landings for the Winter I and Summer 

2006 periods plus any previously 

unaccounted for landings from the 2005 

calendar year. Table 2 presents the final 

2006 commercial scup quota for each 

period and the reported landings for the 

2006 Winter I and Summer periods; 

there was no overage of the Winter I or 

Summer quota. In addition, there were 

no outstanding overages from the 2005 

calendar year that were not included in 

the 2006 final rule (70 FR 77060, 

December 29, 2005). Therefore, no 

overage deduction adjustments are 

required to be made to the 2007 quota 

as part of this action. After June 30, 

2007, NMFS will determine any 

overages that occur during the Winter II 

2006 period. Any quota adjustments to 

the 2007 Winter II allocation 

determined to be necessary will be 

announced in the Federal Register in 

July 2007. 

TABLE 2. SCUP PRELIMINARY 2006 LANDINGS BY QUOTA PERIOD 

2006 Quota Reported 2006 landings through 10/ 

31/2006 

Quota Overages as of 10/31/2006 

Quota Period lb kg lb kg lb kg 

Winter I 5,382,589 2,441,542 3,557,859 1,613,845 0 0 

Summer 4,647,569 2,108,137 3,050,422 1,383,671 0 0 

Winter II 1,901,983 862,739 N/A N/A N/A N/A 

Total 11,932,141 5,412,419 6,608,281 2,997,516 N/A N/A 

N/A = Not Applicable. 

Table 3 presents the commercial scup 

percent share, 2007 TAC,projected 

discards, 2007 initial quota (with and 

without the RSAdeduction), and initial 

possession limits, by quota period. 

Toachieve the commercial quotas, this 

final rule implements aWinter I period 

(January-April) per-trip possession limit 

of30,000 lb (13.6 mt), and a Winter II 

period (November-December)initial pertrip possession limit of 2,000 lb (907 

kg). TheWinter I per-trip possession 

limit will be reduced to 1,000 lb(454 kg) 

when 80 percent of the commercial 

quota allocated tothat period is 

projected to be harvested. 

TABLE 3. INITIAL COMMERCIAL SCUP QUOTA ALLOCATIONS FOR 2007 BY QUOTA PERIOD 

Percent 

Share 

Total Allowable Catch Discards Initial Quota Initial Quota less RSA Possession Limits (Per Trip) 1

Quota 

Period lb mt lb mt lb mt lb mt lb mt 

Winter I 45.11 4,915,456 2,230 775,892 352 4,139,564 1,878 4,012,895 1,820 30,000 13,608 

Summer 38.95 4,244,226 1,925 669,940 304 3,574,286 1,621 3,464,914 1,572 N/A N/A 

Winter II 15.94 1,736,918 788 274,168 124 1,462,750 664 1,417,991 643 2,000 907 

Total 100.00 10,896,600 4,943 1,720,000 780 9,176,600 4,163 8,895,800 4,035 N/A N/A 

1 The Winter I possession limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of that period’s allocation. The Winter II possession 

limit may be adjusted (in association with a transfer of unused Winter I quota to the Winter II period) via notification in the Federal Register. 2 Metric tons are as converted from pound and may not necessarily add due to rounding. 

N/A = Not applicable. 

Consistent with the unused Winter I 

commercial scup quota rollover 

provisions at 50 CFR 648.120(a)(3), this 

final rule will maintain the Winter II 

possession limit-to-rollover amount 

ratios that had been in place for the 

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75138 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations 

2006 fishing year, as shown in Table 4. 

The Winter II possession limit will 

increase by 1,500 lb (680 kg) for each 

500,000 lb (227 mt) of unused Winter I 

period quota transferred, up to 

maximum of a 8,000 lb (3,629 kg). 

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 kg lb kg lb kg 

2,000 907 0-499,999 0-227 0 0 2,000 907 

2,000 907 500,000-999,999 227-454 1,500 680 3,500 1,588 

2,000 907 1,000,000-1,499,999 454-680 3,000 1,361 5,000 2,268 

2,000 907 1,500,000-1,999,999 680-907 4,500 2,041 6,500 2,948 

2,000 907 2,000,000-2,500,000 907-1,134 6,000 2,722 8,000 3,629 

Black Sea Bass 

The FMP specifies that the TAL is 

allocated 49 percent to the commercial 

sector and 51 percent to the recreational 

sector. The recreational harvest limit is 

allocated on a coastwide basis. 

Recreational measures will be the 

subject of a separate rulemaking early in 

2007. 

This final rule implements the 

specifications contained in the October 

27, 2006, proposed rule: A 5.0–million 

lb (2,270–mt) black sea bass TAL. After 

deducting 150,000 lb (68 mt) of RSA for 

the approved research projects, the TAL 

is divided into a commercial quota of 

2,376,500 lb (1,078 mt) and a 

recreational harvest limit of 2,473,500 lb 

(1,122 mt). If a project is not approved 

by the NOAA Grants Office, the research 

quota associated with the disapproved 

proposal will be restored to the black 

sea bass TAL through publication in the 

Federal Register. 

Consistent with the revised quota 

setting procedures for the FMP, black 

sea bass overages are determined based 

upon landings for the 2005 calendar 

year that were not accounted for in the 

2006 final rule (70 FR 77060, December 

29, 2005) and any current fishing year 

overages through September 30, 2006. 

As there were no overages from either 

period, no overage deduction 

adjustment to the 2007 commercial 

quota is necessary. 

Comments and Responses 

NMFS received 83 written comments 

during the 21-day comment period for 

the October 27, 2006, proposed rule. 

Comments were received from the 

following groups or individuals: Two 

U.S. Senators from New Jersey; four U.S. 

Representatives to Congress from New 

Jersey, two from New York, and one 

from Pennsylvania; the director of a 

New Jersey commercial fishing 

association; the Commission’s Summer 

Flounder, Scup, and Black Sea Bass 

Management Board Chairman; the 

Council chairman; four conservation 

group representatives; the director and 

56 individual members of a recreational 

fishing association; 12 members of a 

coastal New Jersey town chamber of 

commerce; a Rhode Island recreational 

angler association; the manager of a 

wholesale fish company; and six 

members of the public. Some parties 

submitted different comments on more 

than one occasion. Only comments that 

were applicable to the proposed 2007 

specifications, including the analyses 

used to support these specifications, are 

addressed in this preamble. Significant 

issues and concerns raised by 

commenters are summarized below and 

responded to as follows. 

Summer Flounder Comments 

Total Allowable Landings for 2007 

Comment 1: The majority of 

comments received urged NMFS to 

adopt the Council’s preferred alternative 

TAL of 19.9 million lb (9,026 mt). 

Specifically, some commenters stated 

that the 19.9–million-lb (9,026–mt) TAL 

complies with the 50–percent 

probability of achieving the target F rate 

(Fmax) in the FMP, some stated that the 

higher TAL meets the National 

Standards contained in the MagnusonStevens Act, continues rebuilding, and 

many stated that, by nature of being less 

restrictive than the 12.983–million-lb 

(5,889–mt) TAL implemented by this 

final rule, will have less of an impact on 

fishery participants and coastal 

communities than the TAL proposed by 

NMFS. 

Response: The Council recommended 

TAL of 19.9 million lb (9,206 mt) is an 

amount that was projected in the most 

recent stock assessment update in June 

2006 to have a 50–percent probability of 

not exceeding Fmax (0.28). However, the 

peer-reviewed Summer Flounder 

Assessment and Biological Reference 

Point Update that has been used as the 

basis for the TAL NMFS is 

implementing through this rule 

indicates that fishing at the level 

proposed by the Council would not 

result in achieving the rebuilding 

biomass target until after 2022, 12 years 

after the end of the rebuilding period, 

even though the single year (2007) F 

target may not be exceeded. NMFS 

considers the results of the Reference 

Point update the best available scientific 

information (see responses to Comments 

7,8, and 9). 

Fishing at a TAL that has only a 50–

percent probability that Fmax will not 

be exceeded in 2007 will not rebuild the 

fishery by the end of the rebuilding 

period. NMFS has the obligation under 

the Magnuson–Stevens Act to set annual 

quotas for summer flounder that rebuild 

the stock by January 1, 2010. 

As such, NMFS is implementing a 

more conservative 12.983–million-lb 

(5,889–mt) TAL based on the best 

science available, as specified in the 

updated assessment. This TAL has a 75–

percent probability of not exceeding the 

Frebuild (F=0.15) level in 2007. This is 

necessary to ensure that rebuilding of 

summer flounder occurs by January 1, 

2010. 

Impact on summer flounder fishery 

participants and coastal communities 

are addressed under Comment 10. 

Comment 2: One group of 

commenters requested that NMFS 

implement a 14.156–million lb (6,421–

mt) TAL in 2007. 

Response: Under the updated 

assessment for 2006, a TAL of 14.156 

million lb (6,421 mt) is associated with 

a 50–percent probability of not 

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exceeding the F target (Frebuild=0.15) for 

2007. The Peer Review Panel convened 

for re-examination of the biological 

reference points recommended that 

fishing at a TAL that has only a 50–

percent probability that Fmax will not 

be exceeded in 2007 will not rebuild the 

fishery by the end of the rebuilding 

period. The updated assessment 

indicated that a 14.156–million-lb 

(6,421–mt) TAL in 2007 would fall short 

of the rebuild goal. In addition, the Peer 

Review Panel recommended that the 

retrospective pattern that has resulted in 

underestimated F’s in past years be 

taken into account when setting the 

2007 TAL. To do so, NMFS must set 

annual quotas for summer flounder that 

are based on much lower annual rates 

of removal than those of the past few 

years to rebuild the stock by January 1, 

2010, as required by the MagnusonStevens Act. Therefore, NMFS is 

implementing a more conservative 

12.983–million lb (5,889–mt) TAL that 

has a 75–percent probability of not 

exceeding the fishing mortality level 

(Frebuild= 0.15) in 2007. Achieving this 

fishing mortality level in 2007 is 

necessary to provide for rebuilding of 

the summer flounder stock by January 1, 

2010. See response to Comment 1 for 

details. 

Comment 3: One commenter 

requested that NMFS implement a TAL 

in the range of 40.0 to 44.0 million lb 

(18,144 to 19,958 mt). 

Response: NMFS cannot implement a 

TAL that has less than 50–percent 

probability of achieving the Fmax in 

2007 and that would not rebuild the 

stock by 2010. A TAL in the range of 

40.0 to 44.0 million lb (18,144 to 19,958 

mt) does not meet the required 

probability of attaining the Fmax, would 

not rebuild the stock by 2010, and, 

therefore, cannot be implemented by 

NMFS. 

Rebuilding 

Comment 4: Many commenters 

questioned the need to rebuild fully the 

summer flounder stock within a 10-year 

period ending January 1, 2010. Specific 

commenters urged NMFS to utilize 

administrative discretion or to exercise 

flexibility and to extend the rebuilding 

period by 2 or 3 years to avoid 

disproportionate economic impacts 

resulting from the reduced summer 

flounder TAL. Other commenters stated 

that the 10-year rebuilding period has 

no scientific or rational basis and 

should not be imposed on the summer 

flounder fishery. 

Response: The Magnuson-Stevens Act 

stipulates that an FMP must, for any 

fishery that is overfished, rebuild the 

fishery in as short a time as possible, not 

to exceed 10 years, except in three 

narrowly defined circumstances (where 

(1) the biology of the stock, (2) other 

environmental conditions, or (3) 

management measures under an 

international agreement in which the 

United States participates dictate 

otherwise.) Based on the results of all 

recent stock assessments and peer 

reviews, there is no information to 

suggest that either the biology of the 

stock or prevailing environmental 

conditions would prevent the summer 

flounder stock from rebuilding within 

the required timeframe; also, there are 

no international agreements to which 

the United States is a participant that 

are related to the management of 

summer flounder. Therefore, none of the 

exceptions to the 10–year rebuilding 

timeframe provided in the Magnuson–

Stevens Act are applicable to current 

conditions for the summer flounder 

stock, and NMFS is not authorized to 

extend the rebuliding period beyond the 

10–year statutory limitation. The 

response to Comment 10 addresses the 

socioeconomic impacts of the summer 

flounder TAL implemented by this rule. 

Comment 5: The conservation 

organization representatives also 

expressed concern that rigid adherence 

to the 10-year rebuilding period 

mandated by the Magnuson-Stevens Act 

may have negative impacts on the 

reauthorization of the MagnusonStevens Act. 

Response: NMFS continues to support 

a strong Magnuson-Stevens Act and 

looks forward to working with the 

Congress and constituents during the 

reauthorization process. However, 

NMFS is bound to comply with the 

existing provisions of the MagnusonStevens Act. 

Comment 6: The majority of 

comments received on summer flounder 

stated that the stock has responded 

favorably to rebuilding efforts and that 

the recent plateau in stock size is a 

function of the stock having reached the 

maximum level attainable under current 

environmental and ecological 

conditions. Many of these commenters 

stated that they believe the stock to be 

rebuilt at its current level or that it can 

never attain the target rebuilding level, 

particularly within the required 10-year 

period. 

Response: Peer-reviewed information 

utilized for setting the 2007 TAL 

indicates that the summer flounder 

stock is rebuilding but is not yet rebuilt. 

The current stock levels are only 

slightly above the current biomass 

threshold (1⁄2Bmsy) which is half of the 

rebuilt level. None of the peer-reviewed 

science indicates that the rebuilding 

target cannot be attained within the 10- 

year rebuilding period or that the 

biomass target is incorrect. 

Use of Best Available Science 

Comment 7: Several commenters 

stated that NMFS is not using the best 

scientific information in setting the 

2007 summer flounder TAL, including 

the modeling approach used. 

Response: The information used to set 

the summer flounder TAL is the best 

scientific information available, 

consistent with National Standard 2 of 

the Magnuson-Stevens Act. The 

information used in TAL setting, 

including the model and methods 

applied to it, have undergone 

substantial peer review in recent years. 

While recommendations have been 

made to develop additional modeling 

approaches, peer reviews have 

confirmed the current model and 

modeling approaches to be statistically 

valid for the annual stock assessment 

updates that provide the foundation for 

establishing the TAL. 

Comment 8: The conservation 

organization representatives requested 

that an outside, independent review of 

the summer flounder stock assessment 

occur before the 2008 TAL is set. They 

also requested that this review include 

an examination of alternative model 

structures, the management 

implications of retrospective patterns, 

and an assessment of ecosystem impacts 

that may be affecting summer flounder. 

Response: The summer flounder stock 

assessment has been independently 

reviewed by scientists from outside 

NMFS twice in the rebuilding period: In 

2002 as part of Stock Assessment 

Review Committee (SARC) 35 and again 

in 2005 during SARC 41. The NMFS 

Office of Science and Technology 

convened an additional review of the 

biological reference points for the 

summer flounder stock to ensure that 

the 2007 quota for the fishery is based 

on the best possible scientific 

information available. The review 

panelists selected were scientists with 

recognized stock assessment expertise 

who have not specifically been involved 

in past summer flounder assessments: 

Two from the NMFS Northwest Region 

and one from Louisiana State 

University. The peer review panel 

recommended several adjustments in 

the assessment, and these were 

incorporated into the analysis that 

stemmed from the peer review. 

NMFS is seeking to mitigate the 

retrospective patterns regarding fishing 

mortality by implementing a more 

conservative TAL for 2007, to ensure 

that the necessary F’s are actually 

achieved. 

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The next full summer flounder stock 

assessment is scheduled for June 2008. 

The subcommittee meeting in which the 

assessment is conducted is an open 

meeting, and NMFS encourages the 

commenters to participate and present 

relevant data and analyses at the 

meeting. 

Comment 9: Several commenters 

stated that the TALs authorized by 

NMFS for the first 7 years of the 

rebuilding period were set at incorrect 

levels. These commenters stated that 

TALs had been set too high, were overly 

optimistic, were routinely exceeded 

(i.e., as indicated by the retrospective 

analysis of F) and did not adequately 

compensate year to year to ensure 

timely rebuilding of the summer 

flounder stock. 

Response: For each year during the 

rebuilding period, NMFS set the 

summer flounder TAL based on the best 

scientific information available, 

consistent with National Standard 2 of 

the Magnuson-Stevens Act. The 

information for setting the annual TAL 

is provided through the stock 

assessment update. In some years, 

additional levels of review are 

conducted. In 2002 and 2005, this 

included an external peer review of the 

stock assessment vetted through 

independent stock assessment scientists 

provided by the Center for Independent 

Experts (CIE) and reported on through 

the Center’s Stock Assessment 

Workshop (SAW) and SARC process 

(35th and 41st, SARCs, respectively). 

For 2007, the annual stock assessment is 

accompanied by a peer reviewed 

Summer Flounder Assessment and 

Biological Reference Point Update. 

The regulations state that the Council 

shall recommend, and NMFS shall 

implement, measures (including the 

TAL) necessary to ensure, with at least 

a 50–percent probability of success, that 

the applicable specified F will not be 

exceeded. This requirement is also 

consistent with a 2000 Federal Court 

Order (Natural Resources Defense 

Council v. Daley, Civil No. 1:99 CV 

00221 (JLG)) regarding the setting of the 

summer flounder TAL. Through the 

course of the rebuilding period, NMFS 

has set TALs estimated to have at least 

a 50–percent probability of not 

exceeding Fmax. NMFS is also required 

to ensure, under the Magnuson-Stevens 

Act, that the summer flounder stock is 

rebuilt within 10 years. 

In the first 4 years of the rebuilding 

period, 2000–2004, the summer 

flounder stock was rebuilding at a rate 

that appeared likely to achieve the 

rebuilding target by 2009. During 2004, 

the Council provided, at NMFS’s 

request, a rebuilding trajectory so that 

TALs could be recommended that 

would ensure that rebuilding continued, 

as needed, to the eventual target by 

2009. These projections indicated that 

setting TALs with an Fmax at the 75–

percent probability level, rather than the 

50–percent probability level, would 

rebuild the stock within the 10-year 

time frame. Based on this information, 

the Council recommended, and NMFS 

implemented, TALs of 30.3 million lb 

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

(14,969 mt) for 2006, consistent with the 

precautionary 75–percent probability of 

achieving the F target (Fmax). 

In 2005, new information on the 

retrospective pattern that 

underestimated previous years’ F and 

revised reference points associated with 

a new stock assessment indicated that 

the 33.0–million-lb (13,744–mt) TAL set 

for 2006 during 2004 would need to be 

lowered to 23.59 million lb (10,700 mt) 

to achieve even a 50–percent probability 

of achieving the F target. The Council 

recommended a constant harvest TAL of 

26.0 million lb (11,794 mt) for 2006–

2008 that would average a 50–percent 

probability of achieving the target F for 

the 3-year period but that would not 

achieve the necessary target in 2006. 

NMFS implemented the 23.59–millionlb (10,700–mt) TAL to ensure that the 

mortality objective met the regulatory 

requirement of at least a 50–percent 

probability of attaining the F target in 

2006. Doing so was controversial and 

many of the above listed commenters 

also responded to the 2006 specification 

proposed rule, asking NMFS not to 

implement the more conservative TAL 

of 23.59 million lb (10,700 mt). 

Annual stock assessment updates to 

information used in previous year’s TAL 

setting continue to illustrate that fishing 

mortality has been underestimated in 

previous years, while stock size and 

recruitment has been overestimated. 

Now, in light of the best science 

available and considering the 

retrospective patterns of F, stock size, 

and recruitment, it is clear that fishing 

at a TAL that has only a 50–percent 

probability that Fmax will not be 

exceeded in 2007 will not rebuild the 

fishery by the end of the rebuilding 

period. Therefore, NMFS is 

implementing a more conservative 

12.983–million lb (5,889–mt) TAL that 

has a 75–percent probability of not 

exceeding the fishing mortality level 

(Frebuild= 0.15) in 2007. Achieving this 

fishing mortality level in 2007 is 

necessary to provide for rebuilding of 

the summer flounder stock by January 1, 

2010. 

Negative Socio-economic Impacts of a 

Reduced TAL 

Comment 10: The majority of those 

commenting on summer flounder spoke 

about negative impacts associated with 

the reduction in TAL for 2007. 

Comments suggested that the 45–

percent reduction in TAL from 2006 to 

2007 would have severe economic 

impacts to charter, for hire, head boat, 

and commercial fishing vessels, and 

would have substantial impacts to 

fishing-related support industries 

ranging from bait shops to ocean-front 

hotels. Some commenters stated that the 

magnitude of the negative impacts 

would be higher than outlined in the 

EA/RIR/IRFA. 

Response: Impacts of the 12.983–

million lb (5,889–mt) TAL have been 

fully analyzed in the EA/RIR/IRFA 

published in the proposed rule (71 FR 

62972, October 27, 2006). These 

analyses are based on the best 

information available and the details of 

the EA/RIR/IRFA are not repeated here 

in their entirety. 

NMFS recognizes that substantial 

socioeconomic impacts are associated 

with the implementation of the 2007 

TAL. NMFS has statutory and regulatory 

obligations to set annual harvest levels 

that, based on the best information 

available, will have at least a 50–percent 

probability of not exceed the annual 

fishing mortality level target and that 

will ensure that the summer flounder 

stock will be rebuilt within the specified 

time frame. As previously stated in the 

response to Comment 1, NMFS has 

selected a conservative TAL that has a 

75–percent probability of attaining the 

level needed (Frebuild) in 2007 to ensure 

rebuilding by January 1, 2010, in order 

to comply with the mandates of the 

Magnuson-Stevens Act. Although this 

final rule will not directly affect support 

industries as these entities do not hold 

Federal permits and are, therefore, not 

directly regulated, potential reductions 

in fishing effort and associated 

expenditures may have indirect impacts 

on hotels, restaurants, gear and bait 

shops, and other associated businesses. 

Sufficient data are not available to 

enumerate or characterize the impacts 

on these businesses. 

Scup Comments 

Comment 11: Two commenters wrote 

in support of the Council and Board 

recommended TAL of 16.0 million lb 

(7,257 mt) for 2007. One of these 

commenters stated that the 16.0–million 

lb (7,257–mt) TAL is sufficiently riskaverse and a substantial reduction from 

the 31.12–million lb (14,116–mt) TAL 

that was calculated to achieve the 

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targeted exploitation rate of 21 percent 

in 2007. 

Response: Scup is considered 

overfished and the Council is currently 

developing Amendment 14 to the FMP 

to implement a scup rebuilding plan. 

Spring survey indices values have fallen 

below the biomass threshold, which is 

utilized for long-term potential catch 

projections. NMFS is implementing a 

risk-averse 12.0–million lb (5,443–mt) 

TAL for 2007, given the current 

overfished status for scup, poor 2004 

and 2005 year classes, and continued 

uncertainty associated with the survey 

indices. The NMFS implemented TAL 

value falls within the range of yields 

expected at about 1⁄2 Bmsy (11–16.5 

million lb (4,990–7,484 mt)) based on 

the long-term potential catch, and 

would constrain harvest to the level of 

actual landings in 2005. The Scup 

Monitoring Committee and Council staff 

agreed with this approach. 

Comment 12: One commenter stated 

that reduced values from the spring 

survey were not a compelling reason to 

implement a decreased TAL for 2007. 

Response: NMFS utilized several 

factors in the decision to implement a 

more risk-averse TAL for 2007, 

including, but not limited to, the 

reduced spring survey indices values. 

Scup is currently overfished and the 

Council is developing a formal 

rebuilding plan to be implemented 

through Amendment 14 to the FMP. The 

response to Comment 11 outlines the 

information used as NMFS’s 

justification for implementing a more 

risk-averse TAL for 2007. 

Comment 13: One commenter stated 

that a more precautionary approach 

should be utilized in setting the 2007 

scup TAL. This commenter also stated 

that scup management requires a 

significant overhaul and a rebuilding 

plan is long overdue. 

Response: NMFS is implementing a 

TAL that is at the lower end of the range 

of yields expected at about 1⁄2Bmsy (11–

16.5 million lb (4,990–7,484 mt)). A 

further reduction does not appear to be 

warranted at this time. The Council is 

currently developing Amendment 14 to 

the FMP to address scup rebuilding. 

Comment 14: One commenter stated 

that the reduced quota will result in the 

loss of recently re-established markets 

for scup, particularly the fresh fish 

market. 

Response: NMFS is required to 

implement a TAL for 2007 that will 

contribute to the rebuilding of the scup 

stock. NMFS has selected a 12.0–million 

lb (5,443–mt) TAL for the reasons 

outlined in the response to Comment 11 

(above) to meet that end. The 2007 TAL 

is consistent with the level of landings 

that occurred in 2005 and NMFS 

considers it unlikely to result in a loss 

of established markets for scup. 

Black Sea Bass Comments 

Comment 15: Three commenters 

relayed general opposition to the 2007 

black sea bass TAL being implemented 

by NMFS, stating that disruption of 

black sea bass supply will result in 

market niches being filled by other fish 

and/or imports and ultimately lost. 

Response: NMFS is implementing a 

2007 black sea bass TAL that is a 37.5–

percent decrease from 2006. NMFS is 

implementing a more risk-averse TAL 

for 2007 in light of the most recent 

biomass indices, the uncertainty in the 

stock status determination criteria, and 

to ensure continued rebuilding to the 

end of the rebuilding period that ends 

in 2009. The 2007 TAL is consistent 

with the level of landings that occurred 

in 2005 and NMFS considers it unlikely 

to result in a loss of established markets 

for black sea bass. 

NMFS recognizes that socio-economic 

impacts may be associated with the 

implementation of the 2007 black sea 

bass TAL. These impacts may include 

industries that are involved with with 

the supply, purchase, distribution, and 

sale of black sea bass for consumption. 

NMFS has regulatory and statutory 

obligations to set annual harvest levels 

that, based on the best scientific 

information available, will not exceed 

recommended fishing mortality levels 

and that will ensure that the black sea 

bass stock will be rebuilt within the 

specified time frame, thus providing for 

long-term sustainable yields. The 2007 

TAL meets the fishing mortality 

objectives and has a high probability of 

ensuring continued rebuilding. 

Comment 16: One commenter stated 

that trawl surveys are an unreliable 

method for surveying black sea bass. 

Response: The 43rd SAW, held in July 

2006, included black sea bass. The 

Southern Demersal Working Group 

concluded that the data available, 

including trawl survey information, 

were adequate to perform a stock 

assessment for black sea bass. The 

SARC–43 panel utilized length data 

incorporating growth information, 

landings estimates, fishery length 

frequencies, and survey length 

frequencies to get preliminary estimates 

of biomass and fishing mortality rates. 

The SARC–43 panel did not endorse 

using the existing biomass reference 

point (the 3-year average weight per tow 

of black sea bass (>22 cm) in the Center 

spring trawl) as a basis for management. 

NMFS has encouraged the Council to 

develop replacement stock status 

determination criteria that are 

scientifically supportable and that can 

be relied on to measure stock 

rebuilding. The Council may consider 

additional data sources beyond trawl 

data when developing the criteria. 

Comment 17: One commenter stated 

that the black sea bass rebuilding period 

should be liberalized to a 20-year time 

frame. 

Response: The required time frame for 

stock rebuilding under the MagnusonStevens Act is outlined in response to 

Comment 4, and is not repeated here. 

Research Set-Aside Comments 

Comment 18: Two comments were 

received regarding the 2007 RSA 

program. One supported up to 3 percent 

for the 2007 TALs being set aside for 

research; one opposed the RSA program 

in its entirety. 

Response: NMFS continues to support 

the RSA program as a useful means of 

acquiring information necessary to 

assess and manage the fisheries. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause 

under 5 U.S.C. 553(d)(3) to waive the 

30-day delayed effectiveness period for 

this rule. This action establishes annual 

quotas for the summer flounder, scup, 

and black sea bass fisheries and 

possession limits for the commercial 

scup fishery. Preparation of the 

proposed rule was dependent on the 

submission of the final EA/RIR/IRFA by 

the Council and on the submission of a 

supplemental economic analysis by the 

Northeast Fisheries Science Center 

(Center), both of which occurred in 

October 2006, in order for the agency to 

provide the public with information 

from the environmental and economic 

analyses as required in rulemaking. 

NMFS published the proposed rule on 

October 27, 2006, with a 21-day 

comment period, in order to allow for 

finalization of the proposed 

specifications by January 1, 2007. NMFS 

was unable to obtain the necessary data 

from the Council and Center before 

October 2006, to finalize the 

specifications. Publication of the 

adjusted summer flounder quota at the 

start of the fishing year is required by 

the order of Judge Robert Doumar in 

North Carolina Fisheries Association v. 

Daley. 

If implementation of the 

specifications is delayed until beyond 

January 1, 2007, NMFS will be 

prevented from carrying out its legal 

obligation to prevent overfishing of 

these three species. If a 30-day delay in 

effectiveness were to be required, the 

lack of effective quota specifications 

would prevent NMFS from closing the 

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75142 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations 

fishery should landings exceed the 

quotas. The summer flounder, scup, and 

black sea bass fisheries are all expected 

to be active at the start of the fishing 

season in 2007. In addition, the 

Delaware summer flounder fishery 

would be open for fishing but in a 

negative quota situation. All of these 

factors would result in large overages 

that would have distributional effects on 

other quota periods and could 

disadvantage some gear sectors. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

Included in this final rule is the FRFA 

prepared pursuant to 5 U.S.C. 604(a). 

The FRFA incorporates the IRFA, a 

summary of the significant issues raised 

by the public comments in response to 

the IRFA, NMFS’s responses to those 

comments, and a summary of the 

analyses completed to support the 

action. A copy of the EA/RIR/IRFA is 

available from the Council (see 

ADDRESSES). 

The preamble to the proposed rule 

included a detailed summary of the 

analyses contained in the IRFA, and that 

discussion is not repeated here. 

Final Regulatory Flexibility Analysis 

Statement of Objective and Need 

A description of the reasons why this 

action is being taken, and the objectives 

of and legal basis for these 

specifications are explained in the 

preambles to the proposed rule and this 

final rule and are not repeated here. 

Summary of Significant Issues Raised in 

Public Comments 

Several of the comment letters 

received on the proposed specifications 

specifically opposed the reductions to 

the TALs for summer flounder, scup, 

and black sea bass. Many of the 

comments addressed the potential 

economic impact of reduction of the 

summer flounder TAL on the 

recreational fishing industry, 

particularly in New York and New 

Jersey. Although consideration of the 

reduced TALs was given, no changes 

were made in the final rule as a result 

of these comments. For a summary of 

the comments received, and the 

responses thereto, refer to the 

‘‘Comments and Responses’’ section of 

this preamble. 

Description and Estimate of Number of 

Small Entities to Which the Rule will 

Apply 

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 

2007 quotas could affect 2,242 vessels 

that held a Federal summer flounder, 

scup, and/or black sea bass permit in 

2005. However, the more immediate 

impact of this final rule will likely be 

felt by the 906 vessels that actively 

participated (i.e., landed these species) 

in these fisheries in 2005. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

No additional reporting, 

recordkeeping, or other compliance 

requirements are included in this final 

rule. 

Description of the Steps Taken to 

Minimize Economic Impact on Small 

Entities 

Specification of commercial quotas 

and possession limits is constrained by 

the conservation objectives set forth in 

the FMP and implemented at 50 CFR 

part 648 under the authority of the 

Magnuson-Stevens Act. Economic 

impacts of reduced quota specifications, 

that reduce the number of fish that may 

be taken by participants of both 

commercial and recreational fisheries, 

may be offset by adjustments to such 

things as commercial fish sizes, changes 

to mesh size, gear restrictions, or 

possession and trip limits that may 

increase efficiency or value of the 

fishery. This action contains no 

adjustments to such measures. 

Therefore, the economic impact analysis 

of the action is evaluated solely on the 

different levels of quota specified in the 

alternatives. The ability of NMFS to 

minimize economic impacts for this 

action is constrained to approving quota 

levels that provide for the maximum 

availability of fish while still meeting 

the required objectives of the FMP, its 

implementing regulations, and the 

Magnuson-Stevens Act. 

The economic analysis for the 2007 

specifications assessed the impacts of 

five of the six management alternatives. 

Council staff provided analysis for 

Alternatives 1, 2, and 3, while the 

Center provided analysis for 

Alternatives 5 and 6. The no action 

alternative, designated as Alternative 4, 

was excluded from analysis because it is 

not consistent with the goals and 

objectives of the FMP and the 

Magnuson-Stevens Act. Implementation 

of the no action alternative would 

substantially complicate the approved 

management program for these fisheries, 

and would very likely result in 

overfishing of the resources. 

Alternatives 1 (Council preferred), 3 

(status quo), and 5 (NMFS analyzed) all 

have an economic impact that is less 

than or equal to the alternative 

implemented by this rule, depending on 

the specific species examined. These 

three alternatives were evaluated by 

NMFS as outlined below: 

Alternative 3 (status quo) would 

provide for the maximum amount of 

landings within the range of alternatives 

and would produce the smallest impact 

on small entities. However, Alternative 

3 would likely result in the biological 

targets (i.e., fishing mortality and 

exploitation rates) specified in the FMP 

being exceeded. Alternative 3 is 

inconsistent with the goals and 

objectives of the FMP and the 

Magnuson-Stevens Act. 

Alternative 1 (Council preferred), the 

second least restrictive alternative with 

the second smallest impact to small 

entities, would also provide for landing 

levels that could not be implemented. 

Alternative 1 is not sufficiently riskaverse for summer flounder, and fishing 

mortality would likely exceed the 

biological targets specified in the FMP, 

resulting in continued overfishing. In 

addition, Alternative 1 did not 

adequately address concerns raised by 

Council staff and the Monitoring 

Committee regarding the scup and black 

sea bass biological targets and status of 

these stocks. 

Alternative 5 (NMFS analyzed) is 

more restrictive for summer flounder 

than Alternatives 1 or 3, but is equal to 

the most restrictive alternatives for scup 

and black sea bass. The measures 

contained in Alternative 5 were not 

selected because they were not 

sufficiently risk-averse for the required 

rebuilding of the summer flounder 

stock. 

Alternative 2 is the most restrictive 

alternative for summer flounder and 

equal to the most restrictive alternatives 

for scup and black sea bass. 

Accordingly, Alternative 2 is associated 

with the highest economic impact to 

small entities, particularly for summer 

flounder. This alternative would meet 

all the objectives of the FMP and satisfy 

the requirements of the MagnusonStevens Act for all three species. This 

alternative was not selected because the 

measures contained therein were overly 

restrictive for summer flounder in light 

of the best scientific information 

available. Three alternatives, including 

the alternative implemented by this 

action, provide the same quota level for 

scup and black sea bass as Alternative 

2. 

This final rule implements 

Alternative 6, which consists of the 

second most restrictive quota of those 

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Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations 75143 

considered for summer flounder and is 

equal to the most restrictive quota 

alternatives considered for scup and 

black sea bass. As such, the economic 

impacts of the alternative are the second 

highest for summer flounder and equal 

to the highest impacts for scup and 

black sea bass. Relative to 2006, the 

2007 commercial quotas and 

recreational harvest limits contained in 

this action would result in the following 

TAL decreases for the commercial and 

recreational sectors: 

• 45 percent for summer flounder 

• 26 percent for scup 

• 38 percent for black sea bass 

This alternative was selected because 

it is based on the best science available 

and is consistent with the goals, 

objectives, and requirements of the 

FMP, its implementing regulations, and 

the Magnuson-Stevens Act. It contains 

the highest landing limits that achieve 

the highest probability of attaining the 

fishing mortality and exploitation 

targets for the summer flounder fishery 

for 2007 among the alternatives 

considered. Alternative 6 follows the 

recommendation of the Monitoring 

Committee and Council staff for a riskaverse quota in the scup fishery and was 

selected because of the current 

overfished status of the fishery, 

uncertainty associated with the current 

survey indices, and poor 2004 and 2005 

year classes. The black sea bass quota in 

Alternative 6 was also recommended by 

the Monitoring Committee and Council 

staff. The black sea bass quota in 

Alternative 6 was selected as a riskaverse measure that will constrain 

harvest within the 2005 and 2006 levels 

until such time that stock determination 

criteria that are scientifically 

supportable can be developed. 

Table 5 presents the 2007 initial 

TALs, RSA, commercial quotas adjusted 

for RSA, and preliminary recreational 

harvests for the fisheries under the five 

analyzed quota alternatives. 

TABLE 5. COMPARISON OF THE ALTERNATIVES OF QUOTA COMBINATIONS REVIEWED 

Initial TAL RSA 2006 Commercial 

Quota Overage 

Preliminary Adjusted 

Commercial Quota 

Preliminary Recreational Harvest Limit 

million lb mt lb mt lb mt million lb mt million lb mt 

Quota Alternative 1 (Council’s Preferred) 

Summer 

Flounder 

19.9 9,026 567,092 257 253,082 115 11.45 5,193 7.63 3,462 

Scup 16 7,257 480 218 0 0 11.93 5,411 3.59 1,628 

Black Sea 

Bass 

6.5 2,948 132,000 60 0 0 3.12 1,415 3.25 1,474 

Quota Alternative 2 (Most Restrictive) 

Summer 

Flounder 

5.22 2,368 156,600 71 253,082 115 2.89 1,309 19.24 873 

Scup 12 5,442 360,000 163 0 0 8.90 4,037 2.74 1,243 

Black Sea 

Bass 

5 2,268 132,000 60 0 0 2.39 1,084 2.48 1,125 

Quota Alternative 3 (Status-Quo-Least Restrictive) 

Summer 

Flounder 

23.59 10,700 567,062 257 253,082 115 13.66 6,197 9.11 4,131 

Scup 16.27 7,380 488,100 221 0 0 12.13 5,502 3.65 1,656 

Black Sea 

Bass 

8 3.629 132,000 60 0 0 3.86 1,751 4.01 1,819 

Quota Alternative 4 (No Action- described but not analyzed) 

Quota Alternative 5 (NMFS Analysis) 

Summer 

Flounder 

14.156 6,421 424,680 193 253,082 115 8.09 3,668 5.39 2,445 

Scup 12 5,443 360,000 163 0 0 8.90 4,037 2.74 1,243 

Black Sea 

Bass 

5 2,268 150,000 68 0 0 2.38 1,078 2.47 1,122 

Quota Alternative 6 (NMFS Analysis-Implemented by this Final Rule) 

Summer 

Flounder 

12.983 5,889 389,490 177 253,082 115 7.40 3,359 4.94 2,239 

Scup 12 5,443 360,000 163 0 0 8.90 4,037 2.74 1,243 

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75144 Federal Register / Vol. 71, No. 240 / Thursday, December 14, 2006 / Rules and Regulations 

TABLE 5. COMPARISON OF THE ALTERNATIVES OF QUOTA COMBINATIONS REVIEWED—Continued 

Initial TAL RSA 2006 Commercial 

Quota Overage 

Preliminary Adjusted 

Commercial Quota 

Preliminary Recreational Harvest Limit 

million lb mt lb mt lb mt million lb mt million lb mt 

Black Sea 

Bass 

5 2,268 150,000 68 0 0 2.38 1,084 2.47 1,122 

The revenue decreases associated 

with the RSA program are expected to 

be minimal, and are expected to yield 

important benefits associated with 

improved fisheries data. It should also 

be noted that fish harvested under the 

RSA would be sold, and the profits 

would be used to offset the costs of 

research. As such, total gross revenue to 

the industry will not decrease 

substantially if the RSAs are utilized. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, a small entity 

compliance guide will be sent to all 

holders of Federal permits issued for the 

summer flounder, scup, and black sea 

bass fisheries. In addition, copies of this 

final rule and guide (i.e., permit holder 

letter) are available from NMFS (see 

ADDRESSES) and at the following 

website: http://www.nero.noaa.gov/ 

nero/nr/index.html. 

Dated: December 8, 2006. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 06–9677 Filed 12–8–06; 4:13 pm] 

BILLING CODE 3510–22–S 

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