[Federal Register Volume 62, Number 24 (Wednesday, February 5, 1997)]
[Proposed Rules]
[Pages 5375-5379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2795]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 960805216-7013-04; I.D. 121796B]
RIN 0648-AH06


Fisheries of the Northeastern United States; Regulatory Amendment 
to the Fishery Management Plan for the Summer Flounder, Scup, and Black 
Sea Bass Fisheries

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 issues this proposed rule and request for comments to 
implement a regulatory amendment to the Fishery Management Plan (FMP) 
for the Summer Flounder, Scup, and Black Sea Bass Fisheries. This 
proposed regulatory amendment would revise the allocation and 
management of the commercial scup quota.

DATES: Public comments must be received on or before March 7, 1997.

ADDRESSES: Comments on this proposed rule should be sent to Dr. Andrew 
A. Rosenberg, Regional Administrator, National Marine Fisheries 
Service, Northeast Regional Office, One Blackburn Drive, Gloucester, MA 
01930. Mark the outside of the envelope, ``Comments on Scup Regulatory 
Amendment.''
    Comments regarding burden-hour estimates for collection-of-
information requirements contained in this proposed rule should be sent 
to the Regional Administrator, Northeast Region, NMFS, at the address 
above, and the Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Washington, D.C. 20502 (Attention: NOAA 
Desk Officer).
    Copies of the regulatory amendment are available upon request from 
David R. Keifer, Executive Director, Mid-Atlantic Fishery Management 
Council, Room 2115, Federal Building, 300 South New Street, Dover, DE 
19901.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic Fishery Management Council (Council) and the 
Atlantic States Marine Fisheries Commission (Commission) adopted an FMP 
for the Scup Fishery for NMFS review in November 1995. To reduce the 
number of separate regulations issued by the Federal Government, 
however, the proposed scup FMP was incorporated into the Summer 
Flounder FMP as Amendment 8 to that FMP. Amendment 8 was approved by 
NMFS on July 29, 1996 (61 FR 43420, August 23, 1996). The Commission 
then adopted a plan with measures that are identical to those in 
Amendment 8. The Commission plan would confer to States responsibility 
of managing their quota for the scup industry in their state and can 
implement and enforce landing limits. In addition, quota monitoring and 
closures upon quota attainment would be state compliance measures under 
the Commission plan, as stated in the Atlantic Coastal Fisheries 
Cooperative Management Act.
    Due to the seriously overfished status of the stock, the Council 
had requested, and the Secretary of Commerce (Secretary) implemented, 
emergency regulations to enact a minimum mesh requirement and minimum 
fish size for the fishery. These measures were in effect from March 22, 
1996, until regulations implementing Amendment 8 were published on 
September 23, 1996.
    Amendment 8 established target annual exploitation rates for 
rebuilding the stock that are to be reached through a total allowable 
catch (TAC) for the scup fishery that includes both landings and 
discards. The TAC is divided into a commercial TAC and a recreational 
TAC. Discard estimates are then subtracted from each of those 
allocations. The result is an annual

[[Page 5376]]

commercial quota and recreational harvest limit. The commercial quota 
for the fishing year beginning on January 1, 1997, is allocated on a 
coastwide basis. When the Council and the Commission adopted Amendment 
8 for submission, they stated their intent to begin a process to better 
define the system that would be used to distribute the commercial 
quota. However, to begin the rebuilding of the resource, they decided 
to submit Amendment 8 before the coastwide quota system was refined so 
that regulations could be implemented as quickly as possible.
    The current regulations allow the commercial quota system to 
operate without restrictions to control the rate of harvest, e.g., trip 
limits or seasonal allocations. Without specific restrictions, it is 
possible that large, offshore vessels fishing in the first portion of 
the year will fill the annual quota quickly, closing the fishery before 
other participants have an opportunity to fish on the stock. Therefore, 
the Council and the Commission have developed another system to allow 
for a more equitable distribution of the quota to the commercial 
sector.
    The proposed measure would implement a commercial quota system in 
which the TAC would be allocated into two winter periods: January-April 
(45.11 percent) and November-December (15.94 percent), and one summer 
period: May-October (38.95 percent). The discard estimates for each 
period would be subtracted from the TAC for each period, to derive the 
commercial quota for each period. The two winter periods would each be 
allocated to the coastal states from Maine to North Carolina on a 
coastwide basis, during which coastwide landing limits would be in 
effect. During the summer period, a state-by-state quota system would 
be in effect, and the quota would be managed in the same manner as the 
state-by-state quota system currently in effect in the commercial 
summer flounder fishery.

Issues of Concern

    Concerns have been raised to NMFS about the lack of gear-specific 
discard estimates that may result in inequitable treatment between the 
inshore and offshore fisheries. Some argue that because the discard 
estimates are based on offshore trawler discard data, and the offshore 
trawler discard rates are greater than the discard rates for the 
inshore fishery, this would penalize the summer inshore fishery. The 
summer inshore fishery uses predominantly different gear types than the 
offshore fishery. The public is encouraged to submit comments on this 
issue.
    NMFS also is concerned that the implication of de minimus status is 
not defined in the amendment. It is not possible to ascertain what de 
minimus means to a state, versus a state that does not share that 
distinction, with regard to implementation of the regulations. 
Therefore, NMFS invites comments on that provision.

Proposed Measures

    The regulatory amendment would implement in 1997 a commercial quota 
system in which the TAC would be allocated into three periods: Winter I 
(January-April), Summer (May-October) and Winter II (November-
December). The discard estimates for each period would be subtracted 
from the TAC for that period, to derive the commercial quota for each 
period. Based on historical data, the quota would be allocated to each 
period as follows: 45.11 percent to Winter I, 38.95 percent to Summer, 
and 15.94 percent to Winter II. During the two winter periods, the 
commercial fishery would operate under a coastwide quota with landing 
limits. These landing limits would be set annually by the Monitoring 
Committee. In Winter I, the coastwide landing limit may be decreased 
when a specified percentage of the quota is attained for that period. 
Landing limits would be specified annually through the process 
established in the FMP and could not be altered once adopted by NMFS. 
The quota for the two winter periods would be allocated to the coastal 
states from Maine to North Carolina. Fishing for or landing scup would 
be prohibited when the quota is attained. NMFS will implement the 
closures for federally permitted vessels and dealers, and the states 
would take complementary action for their state-permitted vessels and 
dealers. As stated above, quota monitoring and closures upon quota 
attainment by the states would be compliance measures enforceable by 
the states.
    During the Summer period, a state-by-state quota would be in 
effect. Based on historical data, the quota for that period would be 
allocated among the states based on their percentage share of 
commercial landings from May to October for the years 1983 through 
1992. Each state would be closed to the landing of scup when its 
individual allocation of quota is attained. Any overages in the quota 
harvest that occurs during each of the winter periods would be deducted 
from that period's allocation the following year. Any overages in the 
quota harvest that occurs in a state during the Summer period would be 
deducted from that state's Summer period allocation the following year.
    The regulatory amendment also would confer de minimus status 
annually upon any state in which commercial scup landings during the 
Summer period for the last preceding calendar year for which data are 
available were less than 0.1 percent of the total Summer period's 
quota. If implemented, this action would make the FMP, which is jointly 
administered by both the Council and the Commission, consistent with 
the Commission plan, which allows for such status for states. States 
that have been conferred de minimus status would be allowed to harvest 
up to 0.1 percent, even though they have historically harvested less 
than 0.1 percent.
    The coastwide quota for 1997 specified under Amendment 8 will be 
implemented prior to issuance of the regulations proposed in this 
regulatory amendment. (The proposed specifications for the 1997 scup 
fishery were published at 61 FR 64854, December 9, 1996.) This 
regulatory amendment specifies that any quota harvested during that 
time in excess of the proposed 1997 Winter I allocation would be 
deducted from the quota allocation for the November-December 1997 
(Winter II) period. Landings in excess of both Winter 1997 periods 
would be deducted from 1998 Winter periods. This action would not 
affect the summer allocation in either year.

Classification

    This proposed rule has been determined to be not significant for 
the purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy the 
Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities as follows:

    The proposed rule would revise the manner in which the 
commercial quota for the scup fishery is allocated, but would not 
alter the total quota. The impact of the commercial quota on the 
commercial fishery was completely described in the certification 
that accompanied the proposed specifications for the 1997 scup 
fishery, and is not repeated here.
    Currently, regulations specify that the scup quota be allocated 
to the commercial fishery on a coastwide basis. No restrictions 
exist to control the rate of harvest (e.g., seasonal closures or 
trip limits). Without restrictions, it is possible that the quota 
would be harvested early in the year by larger, offshore vessels, 
resulting in market gluts, irregular

[[Page 5377]]

supplies, and exvessel price fluctuations. Additionally, the current 
system does not recognize the seasonal nature of the scup fishery 
(i.e., large vessels fishing offshore in the winter, and small 
vessels fishing inshore in the summer). According to the NMFS 
weighout database (database), approximately 525 fishing vessels 
landed scup during 1995. It is concluded that most of these were 
fishing offshore. There is no estimate on the number of vessels 
taking part in the inshore fishery, as they could be, for the most 
part, state licensed and may not be completely represented in the 
database. The database is used to estimate the numbers of 
participants because prior to 1997, no permit requirement existed 
for this fishery in the exclusive economic zone. However, all of the 
known participants would readily fall under the definition of a 
small business, having annual receipts of less than $2.0 million.
    The proposed amendment endeavors to mitigate the impacts of 
unrestricted harvest and untimely closures by establishing a 
commercial quota system in which the total allowable catch (TAC) 
would be allocated into three seasonal periods: Winter I (January-
April), Summer (May-October) and Winter II (November-December). The 
discard estimates for each period would be subtracted from the TAC 
for each period to derive the commercial quota for each period. 
During the two winter periods, the commercial fishery would operate 
under a coastwide quota with landing limits. During the summer 
period, a state-by-state quota would be in effect.
    While the quota for 1997 is based on reported historical 
landings, no quota was ever implemented for this fishery prior to 
1997. This new quota may result in the closure of the fishery, 
which, if it occurs, could impact those small entities. More 
complete impacts may be compiled during the comment period of the 
proposed rule, which specifically requests comments on this issue. 
The Mid-Atlantic Fishery Management Council concluded that a 
substantial number of these small entities (greater than 20 percent) 
operating in the commercial scup fishery could be directly or 
indirectly affected by the measures proposed in this regulatory 
amendment. However, based on available data, the economic impact of 
this quota is not expected to be significant. When compared to 1994 
revenues, the quota in 1997 would decrease the total revenues $1.87 
million. It is not expected that any entities would be expected to 
cease operations because of the 1997 quota and no change is expected 
in compliance costs for these entities.
    Historical data indicate that a decrease in landings generally 
leads to an increase in the exvessel price for scup. The RIR 
analysis for this regulatory amendment included examination of the 
proposal to address the seasonal nature of the scup fishery and 
allow for a more equitable distribution of commercial quota over the 
year, versus the coastwide quota. The intent of this regulatory 
amendment is to preserve the historical pattern of commercial 
harvest of scup by seasons to reduce the impact on small entities. 
The analysis found that the proposed amendment resulted in a more 
consistent supply, and more stable prices for the commercial sector. 
Based on unpublished NMFS weighout data (Maine through Virginia) in 
1994, total commercial landings for scup were estimated at 8,840,900 
lb. The 1997 quota would reduce commercial scup landings by 
2,840,900 lb when compared to the 1994 commercial landings. The 
effect on the overall scup exvessel price, given the potential 
reduction in landings from the implementation of the quota proposed 
in this amendment, would depend on the elasticity of demand for 
scup. Since no study has estimated the exvessel demand function for 
scup, revenue changes from the implementation of the new quota were 
calculated by taking the exvessel price for scup (value divided by 
pounds) for 1994, and multiplying this value by the potential change 
in landings. Assuming the 1994 exvessel price of $0.66 per pound, 
the 1997 quota would yield a decrease in revenues of $1,874,994 from 
the 1994 period. However, based on preliminary unpublished NMFS 
weighout data (Maine through Virginia), scup commercial landings 
were estimated at 5,947,253 lb and valued at $5,096,863 ($0.85 per 
pound) in 1995. It appears that the decrease in landings from 1994 
to 1995 has increased exvessel price for scup during this period. 
Given preliminary scup landings for 1995, the 1997 quota would be 
expected to slightly increase exvessel revenue relative to 1994 
landings.

    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA). The management measure that 
provides for a state request for a quota transfer has been approved by 
OMB under control number 0648-0202, and is estimated to take 1 hour per 
response.
    The response estimate shown includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information. Send comments to NMFS and OMB (see 
ADDRESSES) regarding this burden estimate, including its accuracy, 
whether the collection of information is necessary for the proper 
performance of NMFS' functions, suggestions on how to enhance the 
quality, utility, and clarity of the information to be collected, and 
how to reduce or minimize the burden of the collection of information 
on those who must respond.
    Notwithstanding any other provisions of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information subject to the 
requirements of the PRA unless that collection of information displays 
a currently valid OMB control number.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: January 30, 1997.
Rolland A. Schmitten,
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. 648.4, paragraph (b) is revised to read as follows:


Sec. 648.4  Vessel permits.

* * * * *
    (b) Permit conditions. Vessel owners who apply for a fishing vessel 
permit under this section must agree as a condition of the permit that 
the vessel and the vessel's fishing activity, catch, and pertinent gear 
(without regard to whether such fishing occurs in the EEZ or landward 
of the EEZ, and without regard to where such fish or gear are 
possessed, taken or landed), are subject to all requirements of this 
part, unless exempted from such requirements under this part. All such 
fishing activities, catch, and gear will remain subject to all 
applicable state requirements. Except as otherwise provided in this 
part, if a requirement of this part and a management measure required 
by a state or local law differ, any vessel owner permitted to fish in 
the EEZ for any species managed under this part must comply with the 
more restrictive requirement. Owners and operators of vessels fishing 
under the terms of a summer flounder moratorium, scup moratorium, or 
black sea bass moratorium permit must also agree not to land summer 
flounder, scup, or black sea bass, respectively, in any state after 
NMFS has published a notification in the Federal Register stating that 
the commercial quota for that state or period has been harvested and 
that no commercial quota is available for the respective species. A 
state not receiving an allocation of summer flounder, scup or black sea 
bass, either directly or through a coastwide allocation, is deemed to 
have no commercial quota available. Owners or operators fishing for 
surf clams and ocean quahogs within waters under the jurisdiction of 
any state that requires cage tags are not subject to any conflicting 
Federal minimum size or tagging requirements. If a surf clam and ocean 
quahog requirement of this part differs from a surf clam and ocean 
quahog management measure required

[[Page 5378]]

by a state that does not require cage tagging, any vessel owners or 
operators permitted to fish in the EEZ for surf clams and ocean quahogs 
must comply with the more restrictive requirement while fishing in 
state waters. However, surrender of a surf clam and ocean quahog vessel 
permit by the owner by certified mail addressed to the Regional 
Director allows an individual to comply with the less restrictive state 
minimum size requirement, as long as fishing is conducted exclusively 
within state waters. If the commercial black sea bass quota for a 
period is harvested and the coast is closed to the possession of black 
sea bass north of 35 deg.15.3' N. latitude, any vessel owners that hold 
valid commercial permits for both the black sea bass and the NMFS, 
Southeast Region Snapper-Grouper fisheries, may surrender their 
moratorium black sea bass permit by certified mail addressed to the 
Regional Director and fish pursuant to their Snapper-Grouper permit, as 
long as fishing is conducted exclusively in waters, and landings are 
made, south of 35 deg.15.3' N. latitude. A moratorium permit for the 
black sea bass fishery that is voluntarily relinquished or surrendered 
will be reissued upon the receipt of the vessel owner's written request 
after a minimum period of 6 months from the date of cancellation.
* * * * *
    3. In Sec. 648.14, paragraphs (a)(89) through (a)(96) are 
redesignated as paragraphs (a)(90) through (a)(97), respectively, and a 
new paragraph (a)(89) is added to read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (89) Fish for, catch or retain scup in or from the EEZ north of 
35 deg.15.3' N. lat. in excess of the landing limit established 
pursuant to Secs. 648.120 (b)(2) and (b)(3).
* * * * *
    4. In Sec. 648.120, paragraph (b)(1) is revised, paragraphs (b)(2) 
through (b)(8) are redesignated as paragraphs (b)(5) through (b)(11), 
respectively, new paragraphs (b)(2) through (b)(4) are added, 
paragraphs (c) and (d) are revised, and paragraphs (e) and (f) are 
added to read as follows:


Sec. 648.120  Catch quotas and other restrictions.

* * * * *
    (b) * * *
    (1) The commercial quota for each of the three periods specified in 
paragraph (d)(1) of this section, to be set from a range of 0 to the 
maximum allowed to achieve the specified exploitation rate. The 
commercial quota will be established by estimating the annual Total 
Allowable Catch (TAC), allocating it into the three periods, and 
deducting the discard estimates for each period.
    (2) Landing limits for the Winter I and Winter II periods.
    (3) Percent of landings attained at which the landing limit for the 
Winter I period will be reduced.
    (4) Those states eligible for de minimus status, based upon 
commercial scup landings for the last preceding calendar year for which 
data are available.
* * * * *
    (c) Annual fishing measures. The Demersal Species Committee shall 
review the recommendations of the Scup Monitoring Committee. Based on 
these recommendations and any public comment, the Demersal Species 
Committee shall recommend to the MAFMC measures necessary to assure 
that the specified exploitation rate will not be exceeded. The MAFMC 
shall review these recommendations and, based on these recommendations 
and any public comment, recommend to the Regional Director measures 
necessary to assure that the specified exploitation rate will not be 
exceeded. The MAFMC's recommendation must include supporting 
documentation, as appropriate, concerning the environmental and 
economic impacts of the recommendations. The Regional Director shall 
review these recommendations and any recommendations of the Commission. 
After such review, NMFS will publish a proposed rule in the Federal 
Register by October 15 to implement a commercial quota, specifying the 
amount of quota allocated to each of the three periods, landing limits 
for the Winter I and Winter II periods, the percentage of landings 
attained during the Winter I fishery at which the landing limits will 
be reduced, a recreational harvest limit and additional management 
measures for the commercial fishery. NMFS will publish a proposed rule 
in the Federal Register by February 15 to implement additional 
management measures for the recreational fishery, if the Regional 
Director determines that such measures are necessary to assure that the 
specified exploitation rate will not be exceeded. After considering 
public comment, NMFS will publish a final rule in the Federal Register 
to implement the annual measures.
    (d) Distribution of Commercial Quota. (1) The annual commercial 
quota will be allocated into three periods, based on the following 
percentages:

------------------------------------------------------------------------
                            Period                              Percent 
------------------------------------------------------------------------
Winter I--January-April......................................      45.11
Summer--May-October..........................................      38.95
Winter II--November-December.................................      15.94
------------------------------------------------------------------------

    (2) The Winter I and Winter II commercial quotas will each be 
distributed to the coastal states from Maine through North Carolina on 
a coastwide basis.
    (3) The Summer commercial quota will be allocated to the coastal 
states from Maine through North Carolina, based upon the following 
percentages:

           Summer Period (May-October) Commercial Quota Shares          
------------------------------------------------------------------------
                                                                Share   
                           State                              (percent) 
------------------------------------------------------------------------
Maine......................................................      0.13042
New Hampshire..............................................      0.00004
Massachusetts..............................................     15.49117
Rhode Island...............................................     60.56588
Connecticut................................................      3.39884
New York...................................................     17.05295
New Jersey.................................................      3.14307
Delaware...................................................      0.00000
Maryland...................................................      0.01288
Virginia...................................................      0.17787
North Carolina.............................................      0.02688
                                                            ------------
      Total................................................    100.00000
------------------------------------------------------------------------

    (4) All scup landed for sale in any state during either Winter I or 
Winter II shall be applied against the coastwide commercial quota for 
that period, regardless of where the scup were harvested. All scup 
landed for sale in a state during the Summer period shall be applied 
against that state's summer commercial quota, regardless of where the 
scup were harvested.
    (5) All scup landed for sale in any state during the period January 
1, 1997, through [effective date of the final regulations], shall be 
applied against the coastwide commercial quota for the 1997 Winter I 
period, regardless of where the scup were harvested. Any landings 
during that time in excess of the 1997 Winter I commercial quota will 
be subtracted from the 1997 Winter II period's allocation. Any overage 
beyond the 1997 Winter II allocation will be deducted from subsequent 
winter periods.
    (6) Beginning in 1997, any overages of the commercial quota landed 
in any state, including those granted de minimus status, during the 
Summer period will be deducted from that state's Summer period quota 
for the following year. Beginning in 1998, any overages of the 
commercial quota landed in any Winter period will be subtracted from 
the period's allocation for the following year.

[[Page 5379]]

    (7) Based upon any changes in the landings data available from the 
states for the base years 1983-92, the Commission and the Council may 
recommend to the Regional Director that the states' shares specified in 
paragraph (d)(1) of this section be revised. The Council's and the 
Commission's recommendation must include supporting documentation, as 
appropriate, concerning the environmental and economic impacts of the 
recommendation. The Regional Director shall review the recommendation 
of the Commission and the Council. After such review, NMFS will publish 
a proposed rule in the Federal Register to implement a revision in the 
state shares. After considering public comment, NMFS will publish a 
final rule in the Federal Register to implement the changes in 
allocation.
    (e) De minimus status. Any state in which commercial scup landings 
during the Summer period for the last preceding calendar year for which 
data are available were less than 0.1 percent of the total Summer 
period's quota could be granted de minimus status by the NMFS upon the 
recommendation of the Council by way of a recommendation from the 
Monitoring Committee.
    (1) The de minimus status will be valid only for that Summer period 
for which the specifications are in effect and will be effective upon 
filing by NMFS of the final specifications for the commercial scup 
fishery with the Office of the Federal Register.
    (2) The total quota allocated to each de minimus state will be set 
equal to 0.1 percent of the total Summer period allocation and will be 
subtracted from the summer quota before the remainder is allocated to 
the other states.
    (f) Quota transfers and combinations. Any state implementing a 
state commercial quota for scup may request approval from the Regional 
Director to transfer part or all of its Summer period quota to one or 
more states. Two or more states implementing a state commercial quota 
for scup may request approval from the Regional Director to combine 
their quotas, or part of their quotas, into an overall regional quota. 
Requests for transfer or combination of commercial quotas for scup must 
be made by individual or joint letter(s) signed by the principal state 
official with marine fishery management responsibility and expertise, 
or his/her previously named designee, for each state involved. The 
letter(s) must certify that all pertinent state requirements have been 
met and identify the states involved and the amount of quota to be 
transferred or combined.
    (1) Within 10 working days following the receipt of the letter(s) 
from the states involved, the Regional Director shall notify the 
appropriate state officials of the disposition of the request. In 
evaluating requests to transfer a quota or combine quotas, the Regional 
Director shall consider whether:
    (i) The transfer or combination would preclude the overall Summer 
period quota from being fully harvested.
    (ii) The transfer addresses an unforeseen variation or contingency 
in the fishery.
    (iii) The transfer is consistent with the objectives of the Summer 
Flounder, Scup, and Black Sea Bass FMP and the Magnuson-Stevens Act.
    (2) The transfer of quota or the combination of quotas will be 
valid only for the Summer period for which the request was made and 
will be effective upon the filing by NMFS of a notification of approval 
of the quota transfer or combination with the Office of the Federal 
Register.
    (3) A state may not submit a request to transfer quota or combine 
quotas if a request to which it is party is pending before the Regional 
Director. A state may submit a new request when it receives notice that 
the Regional Director has disapproved the previous request or when 
notification of approval of the quota transfer or combination has been 
filed at the Office of the Federal Register.
    (4) If there is a quota overage among states involved in the 
combination of quotas at the end of the Summer period, the overage will 
be deducted from the following Summer period's quota for each of the 
states involved in the combined quota. The deduction will be 
proportional, based on each state's relative share of the combined 
quota for the previous Summer period. A transfer of quota or 
combination of quotas does not alter any state's percentage share of 
the overall Summer period quota specified in paragraph (d) of this 
section.
    5. Section 648.121 is revised to read as follows:


Sec. 648.121  Closures.

    (a) Winter closures. The Regional Director will monitor the harvest 
of commercial quota for each Winter period based on dealer reports, 
state data, and other available information, and shall determine the 
date when the commercial quota for a Winter period will be harvested. 
NMFS shall close the EEZ to fishing for scup by commercial vessels for 
the remainder of the indicated period by publishing notification in the 
Federal Register advising that, effective upon a specific date, the 
commercial quota for that period has been harvested, and notifying 
vessel and dealer permit holders that no commercial quota is available 
for landing scup for the remainder of the period.
    (b) Summer closure. The Regional Director will monitor the Summer 
period state commercial quota based on dealer reports, state data, and 
other available information, and shall determine the date when a state 
commercial quota will be harvested. NMFS shall publish notification in 
the Federal Register advising a state that, effective upon a specific 
date, its Summer period commercial quota has been harvested and 
notifying vessel and dealer permit holders that no Summer period 
commercial quota is available for landing scup in that state for the 
remainder of the period.

[FR Doc. 97-2795 Filed 2-4-97; 8:45 am]
BILLING CODE 3510-22-P