[Federal Register Volume 72, Number 50 (Thursday, March 15, 2007)]
[Proposed Rules]
[Pages 12158-12163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-4780]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 061020273-7054-04; I.D. 030107B]
RIN 0648-AT60


Fisheries of the Northeastern United States; Recreational 
Management Measures for the Summer Flounder, Scup, and Black Sea Bass 
Fisheries; Fishing Year 2007

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes recreational management measures for the 2007 
summer flounder, scup, and black sea bass fisheries. The implementing 
regulations for these fisheries require NMFS to publish recreational 
measures for the upcoming fishing year and to provide an opportunity 
for public comment. The intent of these measures is to prevent 
overfishing of the summer flounder, scup, and black sea bass resources.

DATES: Comments must be received by 5 p.m. local time, on March 30, 
2007.

ADDRESSES: You may submit comments by any of the following methods:
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#3177627343545243545045585e5f505d03010106715f5e50501f565e47"><span class="__cf_email__" data-cfemail="64223726160107160105100d0b0a050856545453240a0b05054a030b12">[email protected]</span></a>. Include in the 
subject line the following identifier: ``Comments on 2007 Summer 
Flounder, Scup, and Black Sea Bass Recreational Measures.''
    <bullet> Federal e-rulemaking portal: http://www.regulations.gov
    <bullet> Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast

[[Page 12159]]

Regional Office, One Blackburn Drive, Gloucester, MA 01930. Mark the 
outside of the envelope: ``Comments on 2007 Summer Flounder, Scup, and 
Black Sea Bass Recreational Measures.
    <bullet> Fax: (978) 281-9135
    Copies of supporting documents used by the Summer Flounder, Scup, 
and Black Sea Bass Monitoring Committees and of the Environmental 
Assessment, Regulatory Impact Review, and Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) are available from Daniel T. 
Furlong, Executive Director, Mid-Atlantic Fishery Management Council, 
Room 2115, Federal Building, 300 South New Street, Dover, DE 19901-
6790. The EA/RIR/IRFA is also accessible via the Internet at http://www.nero.noaa.gov.

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 Fishery Management Plan (FMP) 
for the Summer Flounder, Scup, and Black Sea Bass Fisheries include 
summer flounder (Paralichthys dentatus) in U.S. waters of the Atlantic 
Ocean from the southern border of North Carolina northward to the U.S./
Canada border, and scup (Stenotomus chrysops) and black sea bass 
(Centropristis striata) in U.S. waters of the Atlantic Ocean from 
35[deg]15.3' N. lat. (the latitude of Cape Hatteras Lighthouse, Buxton, 
NC) northward to the U.S./Canada border.
    The FMP and its implementing regulations, which are found at 50 CFR 
part 648, subparts A (General Provisions), G (summer flounder), H 
(scup), and I (black sea bass), describe the process for specifying 
annual recreational measures that apply in the Exclusive Economic Zone 
(EEZ). The states manage these fisheries within 3 miles of their 
coasts, under the Commission's plan for summer flounder, scup, and 
black sea bass. The Federal regulations govern vessels fishing in the 
EEZ, as well as vessels possessing a Federal fisheries permit, 
regardless of where they fish.
    The FMP established Monitoring Committees (Committees) for the 
three fisheries, consisting of representatives from the Commission; the 
Mid-Atlantic, New England, and South Atlantic Councils; and NMFS. The 
FMP and its implementing regulations require the Committees to review 
scientific and other relevant information annually and to recommend 
management measures necessary to achieve the recreational harvest 
limits established for the summer flounder, scup, and black sea bass 
fisheries for the upcoming fishing year. The FMP limits these measures 
to minimum fish size, possession limit, and fishing season.
    The Council's Demersal Species Committee and the Commission's 
Summer Flounder, Scup, and Black Sea Bass Management Board (Board) then 
consider the Committees' recommendations and any public comment in 
making their recommendations to the Council and the Commission, 
respectively. The Council then reviews the recommendations of the 
Demersal Species Committee, makes its own recommendations, and forwards 
them to NMFS for review. The Commission similarly adopts 
recommendations for the states. NMFS is required to review the 
Council's recommendations to ensure that they are consistent with the 
targets specified for each species in the FMP.
    Quota specifications for the 2007 summer flounder, scup, and black 
sea bass fisheries were published on December 14, 2006 (71 FR 75134). 
The summer flounder quota specification was later increased by 
emergency rule on January 19, 2007 (72 FR 2458), consistent with the 
provisions of the Magnuson-Stevens Fishery Conservation and Management 
Act Reauthorization of 2006. The summer flounder emergency rule will 
expire after 180 days, on July 18, 2007, unless extended by NMFS. NMFS 
intends to undertake notice and comment rulemaking in the Federal 
Register before the current emergency rule expires to extend the 
initial rule's measures through the fishing year ending December 31, 
2007. However, should the emergency rule not be extended for any 
reason, the original summer flounder quota specification would become 
effective again and NMFS would revise the summer flounder recreational 
measures to be consistent with the lower recreational harvest limit. 
The quota specification contained in the emergency rule has been 
determined to be consistent with the 2007 target fishing mortality rate 
(F) for summer flounder. The specifications contained in the December 
14, 2006, rule were determined to be consistent with the 2007 target 
exploitation rates for scup and black sea bass.
    Based on the specifications currently in place, the 2007 coastwide 
recreational harvest limits are 6,844,800 lb (3,105 mt) for summer 
flounder, 2,744,200 lb (1,245 mt) for scup, and 2,473,500 lb (1,122 mt) 
for black sea bass. The specification rules did not establish 
recreational measures, since final recreational catch data for 2006 
were not available when the Council made its recreational harvest limit 
recommendation to NMFS.
    All minimum fish sizes discussed hereafter are total length 
measurements of the fish, i.e., the straight-line distance from the tip 
of the snout to the end of the tail while the fish is lying on its 
side. For black sea bass, total length measurement does not include the 
caudal fin tendril. All possession limits discussed below are per 
person.

Summer Flounder

    Overall, recreational landings for 2006 were estimated to have been 
11.74 million lb (5,325 mt). This exceeded, by approximately 26 
percent, the 2006 recreational harvest limit of 9.29 million lb (4,214 
mt). Five individual states are projected to have exceeded their 2006 
state harvest limits when their allocations are converted to number of 
fish using the average weight of summer flounder harvested during 2005 
and 2006. These states are, with their respective percent overage, as 
follows: MA (2 percent); RI (25 percent); NY (29 percent); NJ (9 
percent); and VA (41 percent).
    The 2007 coastwide harvest limit is 6,844,800 lb (3,105 mt), a 
26.4-percent decrease from the 2006 harvest limit. Assuming the same 
level of fishing effort in 2007, a 41.7-percent reduction in landings 
coastwide would be required for summer flounder. The Council is 
recommending conservation equivalency, described as follows, that would 
require individual states to reduce summer flounder landings (in number 
of fish) to achieve the necessary recreational harvest reductions for 
2007.
    NMFS implemented Framework Adjustment 2 to the FMP (Framework 
Adjustment 2) on July 29, 2001 (66 FR 36208), which established a 
process that makes conservation equivalency an option for the summer 
flounder recreational fishery. Conservation equivalency allows each 
state to establish its own recreational management measures (possession 
limits, minimum fish size, and fishing seasons) to achieve its state 
harvest limit, as long as the combined effect of all of the states' 
management measures achieves the same level of conservation as would 
Federal coastwide measures developed to achieve the overall

[[Page 12160]]

recreational harvest limit, if implemented by all of the states.
    The Council and Board recommend annually that either state-specific 
recreational measures be developed (conservation equivalency) or 
coastwide management measures be implemented by all states to ensure 
that the recreational harvest limit will not be exceeded. Even when the 
Council and Board recommend conservation equivalency, the Council must 
specify a set of coastwide measures that would apply if conservation 
equivalency is not approved. If conservation equivalency is 
recommended, and following confirmation that the proposed state 
measures would achieve conservation equivalency, NMFS may waive the 
permit condition found at Sec.  648.4(b), which requires federally 
permitted vessels to comply with the more restrictive management 
measures when state and Federal measures differ. Federally permitted 
charter/party permit holders and recreational vessels fishing for 
summer flounder in the EEZ then would be subject to the recreational 
fishing measures implemented by the state in which they land summer 
flounder, rather than the coastwide measures.
    In addition, the Council and the Board must recommend precautionary 
default measures. The Commission would require adoption of the 
precautionary default measures by any state that either does not submit 
a summer flounder management proposal to the Commission's Summer 
Flounder Technical Committee, or that submits measures that are 
determined not to achieve the required reduction. The precautionary 
default measures are defined as the set of measures that would achieve 
the greatest reduction in landings required for any state.
    In December 2006, the Council and Board voted to recommend 
conservation equivalency to achieve the 2007 recreational harvest 
limit. The Commission's conservation equivalency guidelines require the 
states to determine and implement appropriate state-specific management 
measures (i.e., possession limits, fish size limits, and fishing 
seasons) to achieve state-specific harvest limits. Under this approach, 
each state may implement unique management measures appropriate to that 
state, so long as these measures are determined by the Commission to 
provide equivalent conservation as would Federal coastwide measures 
developed to achieve the overall recreational harvest limit. According 
to the conservation equivalency procedures established in Framework 
Adjustment 2, each state from MA to NC, excluding MD, would be required 
to reduce 2007 landings by the percentages shown in Table 1. MD may 
submit more liberal management measures, provided that they are 
sufficient to meet the 2007 state harvest limit. ME and NH have no 
recreational summer flounder harvest limit and are not required to 
submit management measures to the Commission.

                          Table 1. Required state by state reductions in summer flounder recreational harvest limits for 2007.
--------------------------------------------------------------------------------------------------------------------------------------------------------
                        State                             ME       NH       MA       RI       CT       NY       NJ       DE       MD       VA       NC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent change from 2006 to 2007                            --       --    -35.3    -47.2    -13.7    -48.6    -39.5    -29.3      0.0    -53.0     -8.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Board required that each state submit its conservation 
equivalency proposal to the Commission by January 15, 2007. The 
Commission's Summer Flounder Technical Committee then evaluated the 
proposals and advised the Board of each proposal's consistency with 
respect to achieving the coastwide recreational harvest limit. The 
Commission invited public participation in its review process by 
allowing public comment on the state proposals at the Technical 
Committee meeting held on January 22, 2007. The Board met on January 
31, 2007, and approved a range of management proposals for each state, 
as well as regional and coastwide management options designed to attain 
conservation equivalency. Once the states select and submit their final 
summer flounder management measures to the Commission, the Commission 
will notify NMFS as to which individual state, regional, or coastwide 
proposals have been approved or disapproved. NMFS retains the final 
authority either to approve or to disapprove using conservation 
equivalency in place of the coastwide measures and will publish its 
determination as a final rule in the Federal Register to establish the 
2007 recreational measures for these fisheries.
    States that do not submit conservation equivalency proposals, or 
for which proposals were disapproved by the Commission, will be 
required by the Commission to adopt the precautionary default measures. 
In the case of states that are initially assigned precautionary default 
measures, but subsequently receive Commission approval of revised state 
measures, NMFS will publish a notice in the Federal Register announcing 
a waiver of the permit condition at Sec.  648.4(b).
    As described above, for each fishing year, NMFS implements either 
coastwide measures or conservation equivalent measures at the final 
rule stage. The coastwide measures recommended by the Council and Board 
for 2007 are a 19-inch (48.26-cm) minimum fish size, a possession limit 
of one fish, and an open season from January 1 through December 31. In 
this action, NMFS proposes these coastwide measures in the EEZ, as they 
are expected to constrain landings to the overall recreational harvest. 
These measures would be waived if conservation equivalency is approved.
    The precautionary default measures specified by the Council and 
Board are an 18.5-inch (46.99-cm) minimum fish size, a possession limit 
of one fish, and an open season of January 1 through December 31. These 
measures are also estimated to achieve the 2007 target if applied 
coastwide.

Scup

    The 2007 scup recreational harvest limit is approximately 2.74 
million lb (1,245 mt), a 34-percent decrease from the 2006 recreational 
harvest limit of 4.15 million lb (1,882 mt). Recreational landings in 
2006 were estimated to have been 2.8 million lb (1,270 mt). The 2.1-
percent difference in the estimated 2006 landings and 2007 target is 
well within the percent standard error for scup landings estimated from 
the Marine Recreational Fishery Statistics Survey (MRFSS). As such, no 
reduction from the 2006 measures would be necessary for 2007, as the 
status quo measures are unlikely to result in exceeding the 2007 
target.
    The 2007 scup recreational fishery will be managed under separate 
regulations for state and Federal waters; the Federal measures would 
apply to party/charter vessels with Federal permits and other vessels 
subject to the possession limit that fish in the EEZ. In Federal 
waters, to achieve the 2007 target, NMFS proposes to maintain the 
status quo coastwide management measures of a 10-inch (25.40-cm) 
minimum fish size, a 50-fish possession

[[Page 12161]]

limit, and open seasons of January 1 through February 28, and September 
18 through November 30, as recommended by the Council.
    As has occurred in the past 5 years, the scup fishery in state 
waters will be managed under a regional conservation equivalency system 
developed through the Commission. Addendum XI to the Interstate FMP 
(Addendum XI), approved by the Board at the January 2004 Council/
Commission meeting, requires that the states of Massachusetts through 
New York each develop state-specific management measures to constrain 
their landings to an annual harvest level for this region in number of 
fish (approximately 3.1 million fish for 2007), through a combination 
of minimum fish size, possession limits, and seasonal closures. Because 
the Federal FMP does not contain provisions for conservation 
equivalency, and states may adopt their own unique measures under 
Addendum XI, the Federal and state recreational scup management 
measures will differ for 2007.
    At the January 31, 2007, meeting, the Board approved a regional 
management proposal for MA through NY that would allow a season of at 
least 150 days. The Board retained a minimum fish size of 10.5 inches 
(26.7 cm) and a common possession limit (25 fish for private vessels 
and shore-based anglers; and 60 fish for party/charter vessels, 
dropping to 25 fish after a 2-month period) for the states of MA 
through NY. These northern states are expected to submit their final 
management measures to the Commission by March 1, 2007. New Jersey will 
maintain status quo scup recreational management measures of a 9-inch 
(22.9-cm) minimum size, a 50-fish possession limit, and open seasons of 
January 1 through February 28, and July 1 through December 31. Due to 
low scup landings in Delaware through North Carolina, the Board 
approved the retention of status quo management measures for those 
states as well, i.e., an 8-inch (20.3-cm) minimum fish size, a 50-fish 
possession limit, and no closed season.

Black Sea Bass

    Recreational landings in 2007 were estimated to have been 1.91 
million lb (866 mt)-- 52 percent below the 2006 target of 3.99 million 
lb (1,809 mt) and 23 percent below the 2007 target of 2.47 million lb 
(1,122 mt). The 2007 recreational harvest limit of 2.47 million lb 
(1,122 mt) is a 38-percent decrease from the 2006 target. Based on 2006 
landings, no reduction in landings is necessary to achieve the 2007 
target.
    For Federal waters, the Council and Board have approved measures 
that would maintain the 25-fish possession limit, the 12-inch (30.48-
cm) minimum size, and open season of January 1 through December 31. 
NMFS proposes to maintain these measures, which are expected to 
constrain recreational black sea bass landings to the 2007 target.

Classification

    NMFS has determined that the proposed rule is consistent with the 
FMP and preliminarily determined that the rule is consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the RFA. The 
IRFA 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 at 
the beginning of this section of the preamble and in the SUMMARY 
section of the preamble. A summary of the analysis follows. A copy of 
the complete IRFA is available from the Council (see ADDRESSES).
    This proposed rule does not duplicate, overlap, or conflict with 
other Federal rules.
    The proposed action could affect any recreational angler who fishes 
for summer flounder, scup, or black sea bass in the EEZ or on a party/
charter vessel issued a Federal permit for summer flounder, scup, and/
or black sea bass. However, the IRFA focuses upon the impacts on party/
charter vessels issued a Federal permit for summer flounder, scup, and/
or black sea bass because these vessels are considered small business 
entities for the purposes of the RFA, i.e., businesses with gross 
revenues of up to $3.5 million. These small entities can be 
specifically identified in the Federal vessel permit database and would 
be impacted by the recreational measures, regardless of whether they 
fish in Federal or state waters. Although individual recreational 
anglers are likely to be impacted, they are not considered small 
entities under the RFA. Also, there is no permit requirement to 
participate in these fisheries; thus, it would be difficult to quantify 
any impacts on recreational anglers in general.
    The Council estimated that the proposed measures could affect any 
of the 920 vessels possessing a Federal charter/party permit for summer 
flounder, scup, and/or black sea bass in 2005, the most recent year for 
which complete permit data are available. However, only 331 of these 
vessels reported active participation in the recreational summer 
flounder, scup, and/or black sea bass fisheries in 2005.
    In the IRFA, the no-action alternative (i.e., maintenance of the 
regulations as codified) is defined as implementation of the following: 
(1) for summer flounder, coastwide measures of a 17-inch (43.18-cm) 
minimum fish size, a 4-fish possession limit, and no closed season, 
i.e., the current Federal regulatory measure that would be implemented 
if conservation equivalency is not implemented in the final rule; (2) 
for scup, a 10-inch (25.40-cm) minimum fish size, a 50-fish possession 
limit, and open seasons of January 1 through February 28, and September 
18 through November 30; and (3) for black sea bass, a 12-inch (30.48-
cm) minimum size, a 25-fish possession limit, and an open season of 
January 1 through December 31.
    The no-action alternatives for scup and black sea bass are the same 
(status quo) measures being proposed for 2007. Landings of these 
species in 2006 were either less than their respective target (black 
sea bass) or within the within the average observed percent standard 
error for the estimated landings (scup), and the status quo measures 
are expected to constrain landings to the 2007 targets. As such, since 
there is no regulatory change being proposed for these two species, 
there is no need of further discussion of the economic impacts within 
this section.
    For summer flounder, state-specific implications of adopting the 
no-action (coastwide) alternative would result in more restrictive 
measures than conservation equivalent regulations in place for all 
Northeast (NE) states in 2006. In consideration of the recreational 
harvest limits established for the 2007 fishing year, taking no action 
in the summer flounder fishery would be inconsistent with the goals and 
objectives of the FMP and its implementing regulations because the no-
action alternative would not be expected to prevent the 2007 summer 
flounder recreational harvest limits from being exceeded.
    Effects of the various management measures were analyzed by 
employing quantitative approaches, to the extent possible. Where 
quantitative data were not available, the Council conducted qualitative 
analyses. Although NMFS's RFA guidance recommends assessing changes in 
profitability as a result of proposed measures, the quantitative 
impacts were instead evaluated using

[[Page 12162]]

changes in party/charter vessel revenues as a proxy for profitability. 
This is because reliable cost data are not available for these 
fisheries. Without reliable cost data, profits cannot be discriminated 
from gross revenues. As reliable cost data become available, impacts to 
profitability can be more accurately forecast. Similarly, changes to 
long-term solvency were not assessed due both to the absence of cost 
data and because the recreational management measures change annually 
according to the specification-setting process.
    Assessments of potential changes in gross revenues for all 18 
combinations of alternatives proposed in this action were conducted for 
federally permitted party/charter vessels in each state in the NE 
region. Management measures proposed under the summer flounder 
conservation equivalency alternative have yet to be adopted; therefore, 
potential losses under this alternative could not be analyzed in 
conjunction with alternatives proposed for scup and black sea bass. 
Since conservation equivalency allows each state to tailor specific 
recreational fishing measures to the needs of that state, while still 
achieving conservation goals, it is likely that the measures developed 
under this alternative, when considered in combination with the 
measures proposed for scup and black sea bass, would have fewer overall 
adverse effects than any of the other combinations that were analyzed.
    Impacts were examined by first estimating the number of angler 
trips aboard party/charter vessels in each state in 2006 that would 
have been affected by the proposed 2007 management measures. All 2006 
party/charter fishing trips that would have been constrained by the 
proposed 2007 measures in each state were considered to be affected 
trips.
    There is very little information available to estimate empirically 
how sensitive the affected party/charter vessel anglers might be to the 
proposed fishing regulations. If the proposed measures discourage trip-
taking behavior among some of the affected anglers, economic losses may 
accrue to the party/charter vessel industry in the form of reduced 
access fees. On the other hand, if the proposed measures do not have a 
negative impact on the value or satisfaction the affected anglers 
derive from their fishing trips, party/charter revenues would remain 
unaffected by this action. In an attempt to estimate the potential 
changes in gross revenues to the party/charter vessel industry in each 
state, two hypothetical scenarios were considered: A 25-percent 
reduction, and a 50-percent reduction, in the number of fishing trips 
that are predicted to be affected by implementation of the management 
measures in the NE (ME through NC) in 2007.
    Total economic losses to party/charter vessels were then estimated 
by multiplying the number of potentially affected trips in each state 
in 2007, under the two hypothetical scenarios, by the estimated average 
access fee paid by party/charter anglers in the NE in 2006. Finally, 
total economic losses were divided by the number of federally permitted 
party/charter vessels that participated in the summer flounder 
fisheries in 2005 in each state (according to homeport state in the NE 
database) to obtain an estimate of the average projected gross revenue 
loss per party/charter vessel in 2007.
    MRFSS data indicate that anglers took 36.98 million fishing trips 
in 2006 in the Northeastern U.S., and that party/charter anglers 
accounted for 5.1 percent of the angler fishing trips. The number of 
party/charter trips in each state ranged from approximately 29,700 in 
NH to approximately 510,000 in DE. The number of trips that targeted 
summer flounder was identified, as appropriate, for each measure, and 
the number of trips that would be impacted by the proposed measures was 
estimated. Finally, the revenue impacts were estimated by calculating 
the average fee paid by anglers on party/charter vessels in the NE in 
2006 ($41.07 per angler), and the revenue impacts on individual vessels 
were estimated. The analysis assumed that angler effort and catch rates 
in 2007 will be similar to 2006.
    The Council noted that this method is likely to result in 
overestimation of the potential revenue losses that would result from 
implementation of the proposed coastwide measures in these three 
fisheries for several reasons. First, the analysis likely overestimates 
the potential revenue impacts of these measures because some anglers 
would continue to take party/charter vessel trips, even if the 
restrictions limit their landings. Also, some anglers may engage in 
catch and release fishing and/or target other species. It was not 
possible to estimate the sensitivity of anglers to specific management 
measures. Second, the universe of party/charter vessels that 
participate in the fisheries is likely to be even larger than presented 
in these analyses, as party/charter vessels that do not possess a 
Federal summer flounder, scup, or black sea bass permit because they 
fish only in state waters are not represented in the analyses. 
Considering the large proportion of landings from state waters (e.g., 
more than 81 percent of summer flounder landings in 2005), it is 
probable that some party/charter vessels fish only in state waters and, 
thus, do not hold Federal permits for these fisheries. Third, vessels 
that hold only state permits likely will be fishing under different, 
potentially less restrictive, recreational measures for summer flounder 
in state waters, if such program is implemented in the final rule.

Impacts of Summer Flounder Alternatives

    The proposed action for the summer flounder recreational fishery 
would limit coastwide catch to approximately 6.84 million lb (3,105 mt) 
by imposing coastwide Federal measures throughout the EEZ. As described 
earlier, upon confirmation that the proposed state measures would 
achieve conservation equivalency, NMFS may waive the permit condition 
found at Sec.  648.4(b), which requires federally permitted vessels to 
comply with the more restrictive management measures when state and 
Federal measures differ. Federally permitted charter/party permit 
holders and recreational vessels fishing for summer flounder in the EEZ 
then would be subject to the recreational fishing measures implemented 
by the state in which they land summer flounder, rather than the 
coastwide measures.
    The impact of the proposed summer flounder conservation equivalency 
alternative (in Summer Flounder Alternative 1) among states is likely 
to be similar to the level of landings reductions that are required of 
each state. As indicated above, each state except MD would be required 
to reduce summer flounder landings in 2007, relative to state 2006 
landings, by the percentages shown in Table 1 of the preamble of this 
proposed rule. If the preferred conservation equivalency alternative is 
effective at achieving the recreational harvest limit, then it is 
likely to be the only alternative that minimizes adverse economic 
impacts, to the extent practicable, yet achieves the biological 
objectives of the FMP. Because states have a choice, it is expected 
that the states would adopt conservation equivalent measures that 
result in fewer adverse economic impacts than the much more restrictive 
precautionary default measures (i.e., only one fish measuring at least 
18.5 inches (46.99 cm)). Under the precautionary default measures, 
impacted trips are defined as trips taken in 2006 that landed at least 
one summer flounder smaller than 18.5 inches (46.99 cm) or landed more 
than one summer flounder. The analysis concluded that

[[Page 12163]]

implementation of precautionary default measures could affect 4.06 
percent of the party/charter vessel trips in the NE, including those 
trips were no summer flounder were caught.
    The impacts of the proposed summer flounder coastwide alternative 
(Summer Flounder Alternative 2), i.e., a 19-inch (48.26-cm) minimum 
fish size, a one-fish possession limit, and no closed season, were 
evaluated using the quantitative method described above. Impacted trips 
were defined as individual angler trips taken aboard party/charter 
vessels in 2006 that landed at least one summer flounder smaller than 
19 inches (48.26 cm), or that landed more than one summer flounder. The 
analysis concluded that the measures would affect 4.13 percent of the 
party/charter vessel trips in the NE, including those trips where no 
summer flounder were caught.

Combined Impacts of Summer Flounder, Scup, and Black Sea Bass 
Alternatives

    Since the management measures under Summer Flounder Alternative 1 
(i.e., conservation equivalency) have yet to be adopted, the effort 
effects of this alternative could not be analyzed in conjunction with 
the alternatives proposed for scup and black sea bass. The percent of 
total party/charter boat trips in the NE that are estimated to be 
affected by the proposed actions ranges from a low of 6.24 percent for 
the combination of measures proposed under the summer flounder 
precautionary default, scup alternative 1, and black sea bass 
alternative 2, to 7.30 percent for the measures proposed under summer 
flounder alternative 2 combined with scup alternative 2 and black sea 
bass alternative 3.
    Regionally, party/charter revenue losses in 2007 from $4.392 
million to $3.753 million in sales, $1.370 million to $1.588 million in 
income, and between 37 and 43 jobs if a 25-percent reduction in the 
number of affected trips occurs. The estimated losses are approximately 
twice as high if a 50-percent reduction in affected trips is assumed to 
occur.
    Potential revenue losses in 2007 could differ for party/charter 
vessels that land more than one of the regulated species. The 
cumulative maximum gross revenue loss per vessel varies by the 
combination of permits held and by state. All 18 potential combinations 
of management alternatives for summer flounder, scup, and black sea 
bass are predicted to affect party/charter vessel revenues to some 
extent in all of the Northeastern coastal states. Although potential 
losses were estimated for party/charter vessels operating out of Maine 
and New Hampshire, these results are suppressed for confidentiality 
purposes. Average party/charter losses for federally permitted vessels 
operating in the remaining states are estimated to vary across the 18 
combinations of alternatives. For example, in New York, average losses 
are predicted to range from $4,834 per vessel under the combined 
effects of summer flounder precautionary default measures (considered 
under alternative 1), scup alternative 1, and black sea bass 
alternative 2 management measures, to $6,122 per vessel under the 
combined effects of summer flounder alternative 2, scup alternative 2, 
and black sea bass alternative 3 management measures, assuming a 25-
percent reduction in effort, as described above.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

    Dated: March 9, 2007.
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 Sec.  648.103, paragraph (b) is revised to read as follows:


Sec.  648.103  Minimum fish sizes.

* * * * *
    (b) Unless otherwise specified pursuant to Sec.  648.107, the 
minimum size for summer flounder is 19 inches (48.26 cm) TL for all 
vessels that do not qualify for a moratorium permit, and charter boats 
holding a moratorium permit if fishing with more than three crew 
members, or party boats holding a moratorium permit if fishing with 
passengers for hire or carrying more than five crew members.
* * * * *
    3. In Sec.  648.105, the first sentence of paragraph (a) is revised 
to read as follows:


Sec.  648.105  Possession restrictions.

* * * * *
    (a) Unless otherwise specified pursuant to Sec.  648.107, no person 
shall possess more than one summer flounder in, or harvested from, the 
EEZ, unless that person is the owner or operator of a fishing vessel 
issued a summer flounder moratorium permit, or is issued a summer 
flounder dealer permit. * * *
* * * * *
    4. In Sec.  648.107, paragraph introductory text (a) and paragraph 
(b) are revised to read as follows:


Sec.  648.107  Conservation equivalent measures for the summer flounder 
fishery.

    (a) The Regional Administrator has determined that the recreational 
fishing measures proposed to be implemented by Massachusetts through 
North Carolina for 2007 are the conservation equivalent of the season, 
minimum fish size, and possession limit prescribed in Sec. Sec.  
648.102, 648.103, and 648.105(a), respectively. This determination is 
based on a recommendation from the Summer Flounder Board of the 
Atlantic States Marine Fisheries Commission.
* * * * *
    (b) Federally permitted vessels subject to the recreational fishing 
measures of this part, and other recreational fishing vessels subject 
to the recreational fishing measures of this part and registered in 
states whose fishery management measures are not determined by the 
Regional Administrator to be the conservation equivalent of the season, 
minimum size, and possession limit prescribed in Sec. Sec.  648.102, 
648.103(b) and 648.105(a), respectively, due to the lack of, or the 
reversal of, a conservation equivalent recommendation from the Summer 
Flounder Board of the Atlantic States Marine Fisheries Commission, 
shall be subject to the following precautionary default measures: 
Season - January 1 through December 31; minimum size - 18.5 inches 
(46.99 cm); and possession limit - one fish.
[FR Doc. E7-4780 Filed 3-14-07; 8:45 am]
BILLING CODE 3510-22-S


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