66304 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

Dated: October 21, 1997.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 97–33041 Filed 12–17–97; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 961204340–7087–02; I.D.

121297A]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic; Trip

Limit Reduction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Trip limit reduction.

SUMMARY: NMFS reduces the

commercial trip limit of Atlantic

migratory group Spanish mackerel in or

from the exclusive economic zone (EEZ)

in the southern zone to 1,500 lb (680 kg)

per day. This trip limit reduction is

necessary to protect the Atlantic

migratory group Spanish mackerel

resource.

DATES: Effective 6:00 a.m., local time,

December 16, 1997, through March 31,

1998, unless changed by further

notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Mark F. Godcharles, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

fishery for coastal migratory pelagic fish

(king mackerel, Spanish mackerel, cero,

cobia, little tunny, dolphin, and, in the

Gulf of Mexico only, bluefish) is

managed under the Fishery

Management Plan for the Coastal

Migratory Pelagic Resources of the Gulf

of Mexico and South Atlantic (FMP).

The FMP was prepared by the Gulf of

Mexico and South Atlantic Fishery

Management Councils (Councils) and is

implemented under the authority of the

Magnuson-Stevens Fishery

Conservation and Management Act by

regulations at 50 CFR part 622. The Councils recommended and

NMFS implemented an adjusted quota

and commercial trip limits for Atlantic

migratory group Spanish mackerel from

the southern zone. As set forth at 50

CFR 622.44(b)(2), the adjusted quota is

3.25 million lb (1.47 million kg). In

accordance with 50 CFR

622.44(b)(1)(ii)(C), after 75 percent of

the adjusted quota of Atlantic migratory

group Spanish mackerel from the

southern zone is taken until 100 percent

of the adjusted quota is taken, Atlantic

migratory group Spanish mackerel in or

from the EEZ in the southern zone may

not be possessed on board or landed

from a vessel in a day in amounts

exceeding 1,500 lb (680 kg). The

southern zone for Atlantic migratory

group Spanish mackerel extends from

30°42’45.6’’ N. lat., which is a line

directly east from the Georgia/Florida

boundary, to 25°20.4’ N. lat., which is

a line directly east from the Dade/

Monroe County, FL, boundary.

NMFS has determined that 75 percent

of the adjusted quota for Atlantic

migratory group Spanish mackerel from

the southern zone was taken by

December 15, 1997. Accordingly, the

1,500–lb (680–kg) per day commercial

trip limit applies to Atlantic migratory

group Spanish mackerel in or from the

EEZ in the southern zone effective 6:00

a.m., local time, December 16, 1997,

through March 31, 1998, unless changed

by further notification in the Federal

Register.

Classification

This action is taken under 50 CFR

622.44(b)(2) and is exempt from review

under E.O. 12866.

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

Dated: December 15, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–33099 Filed 12–15–97; 3:12 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 971015246–7293–02; I.D.

100897D]

RIN 0648–AK44

Fisheries of the Northeastern United

States; Summer Flounder, Scup, and

Black Sea Bass Fisheries

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final specifications for the 1998

summer flounder, scup, and black sea

bass fisheries; final rule, technical

amendment; notifications of commercial

quota harvest.

SUMMARY: NMFS issues the final

specifications for the 1998 summer

flounder, scup, and black sea bass

fisheries. The intent of this document is

to comply with implementing

regulations for the summer flounder,

scup, and black sea bass fisheries that

require NMFS to publish measures for

the upcoming fishing year that will

prevent overfishing of these species.

NMFS announces that no quota is

available in several states for specified

1998 fisheries as follows: the State of

Delaware is notified that no commercial

summer flounder or Summer period

commercial scup quotas are available in

1998; the State of New Hampshire is

notified that no Summer period

commercial scup quota is available for

1998. NMFS advises vessel and dealer

permit holders that no commercial

quotas are available for landing those

species in those States during the

specified time periods.

DATES: The amendments to

§§ 648.14(u)(1), 648.100(a), 648.143(a),

and § 648.144(a)(1)(i) are effective

January 1, 1998. The final specifications

for the 1998 summer flounder, scup,

and black sea bass fisheries and

notifications of commercial quota

harvest are effective January 1, 1998,

through December 31, 1998.

ADDRESSES: Copies of supporting

documents used by the Summer

Flounder, Scup, and Black Sea Bass

Monitoring Committees and of the

Environmental Assessment (EA),

Regulatory Impact Review, and the

Final Regulatory Flexibility Analysis

(FRFA) are available from: David R.

Keifer, Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115, Federal Building, 300 South New

Street, Dover, DE 19904–6790.

FOR FURTHER INFORMATION CONTACT:

Regina L. Spallone, Fishery Policy

Analyst, (978) 281–9221.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Summer Flounder, Scup, and Black Sea

Bass Fisheries (FMP) was developed

jointly 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 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°15.3′ N. latitude, the latitude of Cape

Hatteras Light, NC, northward to the

U.S./Canada border. Implementing
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66305

regulations for these fisheries are found

at 50 CFR part 648, subparts A, G

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

(black sea bass).

Pursuant to §§ 648.100 (summer

flounder), 648.120 (scup), and § 648.140

(black sea bass), the Administrator,

Northeast Region, NMFS (Regional

Administrator), implements certain

measures for the fishing year to ensure

achievement of the appropriate target

fishing mortality (F) or exploitation rate

for each fishery, as specified in the

FMP. The management schedule

adopted in Amendment 7 to the FMP for

summer flounder established a target F

equal to that which results in the

maximum yield per recruit (Fmax),

currently 0.24, in 1998 and thereafter.

The target exploitation rate for scup for

1998 is 47 percent, the rate

corresponding to F = 0.72. For black sea

bass, the FMP specifies a target

exploitation rate for 1998 of 48 percent,

corresponding to F = 0.73. The annual

measures contained in this final rule are

unchanged from the proposed 1998

specifications that were published in

the Federal Register on October 20,

1997 (62 FR 54427). Some regulatory

clarifications are described in the

section Changes From the Proposed

Rule of this document. The management

measures are summarized below by

species. Detailed background

information regarding the development

of this rule was provided in the

proposed specifications for the 1998

summer flounder, scup, and black sea

bass fisheries (October 20, 1997, 62 FR

54427), and is not repeated here. NMFS

will publish in the Federal Register at

a later date the 1998 recreational

management measures for summer

flounder, scup, and black sea bass.

Summer Flounder

This rule will implement the

following measures for summer

flounder in 1998: (1) Total Allowable

Landings (TAL) of 18.52 million lb (8.40

million kg); (2) a coastwide commercial

quota of 11.11 million lb (5.04 million

kg); and (3) a coastwide recreational

harvest limit of 7.41 million lb (3.36

million kg). The TAL is unchanged from

1997, despite the most recent

assessment for summer flounder (Stock

Assessment Workshop (SAW) 25,

August 1997) that indicates that the

FMP measures have yet to reduce F

below 1.0. However, the allocation of

the TAL has been revised.

SAW–25 recommended that

additional measures should be

considered to minimize commercial and

recreational discard mortality. To

address these concerns, this rule

specifies that 15 percent of a state’s

commercial quota allocation must be set

aside for a bycatch fishery and that a

state must implement trip limits with

the objective of keeping its fishery open

all year. Since the FMP does not

specifically include a provision for a

bycatch allocation, the measure must be

enacted by the states. Therefore, this

provision was made mandatory under

the Atlantic Coastal Fishery Cooperative

Management Act (Atlantic Coastal Act)

and was adopted as a compliance

criterion by the Commission’s Summer

Flounder, Scup, and Black Sea Bass

Board. The commercial quota is

allocated among the states based on

historical catch shares specified in the

FMP.

The bycatch allocation is effectively a

15-percent reduction in the commercial

quota for the directed summer flounder

fishery. The bycatch quota allocation

will extend the season and will reduce

discard waste in the fishery. When

combined with anticipated commercial

quota deductions due to overages in the

1997 fishing year, this provision will

increase the probability of achieving

Fmax. Based on commercial landings as

of November 8, 1997, there will be an

estimated quota overage in 1997 of

273,156 lb (123,901 kg) (3.3 percent) if

there are no further late reports during

1997 and all states are closed with no

additional overages. Recent approval of

Amendment 10 to the FMP (62 FR

63872, December 3, 1997) means that a

minimum mesh size requirement

throughout the net will be implemented

effective on June 3, 1998, further

reducing F on sublegal fish.

In 1997, the State of Delaware was

closed to the landing of summer

flounder by Federal permit holders as a

result of deductions to the 1997 quota

for quota overages in 1996 (62 FR 10473,

March 7, 1997). As a result of those

deductions and further quota reductions

as published in the Federal Register on

July 15, 1997 (62 FR 37741), the 1997

commercial quota allocation to the State

of Delaware was -5,662 lb (-2,568 kg).

The final 1998 quota for Delaware,

when added to its 1997 quota, is not

sufficient to offset this negative

allocation. Consequently, Delaware will

have no commercial quota for 1998. To

prevent landings in Delaware by Federal

permit holders, the State is closed to the

landing of summer flounder by Federal

permit holders for 1998. The regulations

at § 648.4(b) provide that Federal permit

holders agree, as a condition of their

permit, not to land summer flounder in

any state that the Regional

Administrator has determined no longer

has commercial quota available.

Therefore, effective 0001 hours January

1, 1998, landings of summer flounder in

Delaware by vessels holding commercial

Federal fisheries permits are prohibited

for the remainder of the 1998 calendar

year, unless additional quota becomes

available through a quota transfer and is

announced in the Federal Register.

Federally permitted dealers are also

advised that they may not purchase

summer flounder from Federally

permitted vessels that land in Delaware

for the remainder of the calendar year,

or until additional quota becomes

available through a transfer. No landings

of summer flounder in Delaware have

been reported for 1997 by Federally

permitted dealers or by the State of

Delaware. If landings should be reported

for 1997, the commercial quota for the

State of Delaware will be adjusted

pursuant to § 648.100(d)(2).

The commercial quotas for all coastal

states for 1998 are presented in Table 1.

These quota figures are preliminary and

will be adjusted for overages in the 1997

fishing year, as required by

§ 648.100(d)(2).

TABLE 1.—1998 STATE SUMMER FLOUNDER COMMERCIAL QUOTAS

State Share (%) 1998 quota

(pounds)

1998 quota

(kg) 1

ME ................................................................................................................................................ 0.04756 5,284 2,397

NH ................................................................................................................................................ 0.00046 51 23

MA ................................................................................................................................................ 6.82046 757,841 343,751

RI .................................................................................................................................................. 15.68298 1,742,583 790,422

CT ................................................................................................................................................. 2.25708 250,791 113,757

NY ................................................................................................................................................. 7.64699 849,680 385,408

NJ ................................................................................................................................................. 16.72499 1,858,363 842,939

DE ................................................................................................................................................. 0.01779 2 (3,685) (1,671)

MD ................................................................................................................................................ 2.03910 226,570 102,770
66306 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

TABLE 1.—1998 STATE SUMMER FLOUNDER COMMERCIAL QUOTAS—Continued

State Share (%) 1998 quota

(pounds)

1998 quota

(kg) 1

VA ................................................................................................................................................. 21.31676 2,368,569 1,074,365

NC ................................................................................................................................................ 27.44584 3,049,589 1,383,270

Total ...................................................................................................................................... ........................ 11,105,636 5,037,432

1Any differences expressed in the conversion of pounds to kilograms are due to rounding.

2 Numbers in parentheses are negative.

Scup

The most recent assessment for scup

(SAW–25, August 1997) indicates that F

has been above 1.0 for the period 1984–

96. SAW–25 examined 1996 total catch

and estimated that a 34-percent

reduction from that exploitation level

would result in a Total Allowable Catch

(TAC) of 7.275 million lb (3.3 million

kg) and would likely reduce F to below

1.0. The TAC is allocated to the

commercial (78 percent) and

recreational (22 percent) sectors. Then,

a discard estimate is deducted from

each TAC to establish the allowed

harvest. This rule establishes for 1998

(1) a coastwide TAC of 7.275 million lb

(3.3 million kg), (2) a commercial TAC

of 5.675 million lb (2.6 million kg), (3)

a commercial discard estimate of 1.103

million lb (0.50 million kg), (4) a

commercial quota of 4.572 million lb

(2.07 million kg), (5) a recreational TAC

of 1.6 million lb (0.73 million kg), (6) a

recreational discard estimate of 0.048

million lb (0.02 million kg), and (7) a

recreational harvest limit of 1.553

million lb (0.70 million kg). This rule

also implements a 20,000 lb (9,072 kg)

commercial trip limit for the Winter I

season, which is to decrease to 1,000 lb

(453.6 kg) when 85 percent of the

Winter I quota is harvested, and an

8,000 lb (3628.7 kg) trip limit in Winter

II, with no decrease. The commercial

quota represents a 24-percent reduction

from the 1997 quota of 6.0 million lb

(2.7 million kg). The commercial quota,

allocated to the seasonal periods as

specified in the FMP, is shown in Table

2:

TABLE 2.—PERIOD ALLOCATIONS OF COMMERCIAL SCUP QUOTA

Period Percent TAC 1 Discards 2

Quoto allocation

(LB) (KG) 3

WINTER I .............................................................................. 45.11 2,559,992 497,563 2,062,429 935,502

SUMMER .............................................................................. 38.95 2,210,413 429,619 1,780,794 807,755

WINTER II ............................................................................. 15.94 904,595 175,818 728,777 330,568

TOTAL ........................................................................... 100.00 5,675,000 1,103,000 4,572,000 2,073,824

1Total Allowable Catch, in pounds.

2 Discard estimates, in pounds.

3Kilograms are as converted from pounds.

The 1998 commercial quota for the

Summer period (1,780,794 lb; 807,755

kg), apportioned among the states

according to the percentage shares

specified in § 648.120(d)(3), is presented

in Table 3. The quota figures for both

the Winter and Summer periods are

preliminary and will be adjusted for

overages in 1997, as required by

§ 648.120(d) (5) and (6).

TABLE 3.—SUMMER PERIOD (MAY–OCTOBER) COMMERCIAL SCUP QUOTA SHARES

State Share

(percent)

1998 allocation

(LB) (KG) 1

Maine ............................................................................................................................................ 0.13042 2,322 1,053

New Hampshire ............................................................................................................................ 0.00004 1 0

Massachusetts .............................................................................................................................. 15.49117 275,866 125,131

Rhode Island ................................................................................................................................ 60.56588 1,078,554 489,224

Connecticut ................................................................................................................................... 3.39884 60,526 27,454

New York ...................................................................................................................................... 17.05295 303,678 137,746

New Jersey ................................................................................................................................... 3.14307 55,972 25,388

Delaware ...................................................................................................................................... 0.00000 0 0

Maryland ....................................................................................................................................... 0.01288 229 104

Virginia .......................................................................................................................................... 0.17787 3,167 1,437

North Carolina .............................................................................................................................. 0.02688 479 217

Total ...................................................................................................................................... 100.00000 1,780,794 807,755

1Kilograms are as converted from pounds and do not add to the converted total due to rounding.
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66307

Section 648.121(b) requires the

Regional Administrator to monitor the

Summer period state commercial quotas

and determine the date when a state’s

commercial quota is harvested. NMFS is

required to publish notification in the

Federal Register advising a state and

notifying vessel and dealer permit

holders that, effective upon a specific

date, a state’s Summer period

commercial quota has been harvested

and that no Summer period commercial

quota is available for landing scup in

that state for the remainder of the

period. The amount of commercial

quota that is allocated for the Summer

period to the State of New Hampshire is

1 lb (less than 1 kg) and to the State of

Delaware is 0 lb (0 kg). Therefore, the

Regional Administrator has determined

that no commercial quota is available

for landings in those states for the

Summer period. The regulations at

§ 648.4(b) provide that Federal permit

holders agree, as a condition of their

permit, not to land scup in any state that

the Regional Administrator has

determined no longer has commercial

quota available. Therefore, effective

0001 hours May 01, 1998, until 2400

hours, October 31, 1998, landings of

scup in New Hampshire or Delaware by

vessels holding commercial Federal

fisheries permits are prohibited, unless

additional quota becomes available

through a quota transfer and is

announced in the Federal Register.

Federally permitted dealers are also

advised that they may not purchase

scup from Federally permitted vessels

that land in New Hampshire or

Delaware for the Summer period, or

until additional quota becomes available

through a transfer.

Black Sea Bass

The most recent assessment for black

sea bass (SAW–25, August 1997)

estimated that F has generally exceeded

1.0 for the period 1984–96. SAW–25

examined 1996 total catch and

estimated that a 33-percent reduction in

landings from the 1996 level (9.0

million lb; 4.1 million kg) would be

necessary to reduce F below 1.0. As a

result, this rule would implement the

following specifications: (1) A

commercial quota of 3.025 million lb

(1.4 million kg) and (2) a recreational

harvest limit of 3.148 million lb (1.43

million kg). This rule will also increase

the minimum commercial fish size to 10

inches (25.4 cm), consistent with

measures being implemented by the

Commission and proposed by the South

Atlantic Fishery Management Council

in the Fishery Management Plan for the

Snapper-Grouper Fishery of the South

Atlantic Region (Snapper-Grouper

FMP). Additionally, the catch threshold

level that would trigger the minimum

mesh size requirement will increase

from 100 to 1,000 lb (45.4 to 453.6 kg).

This rule also implements trip limits

for all commercial gear types for each of

the four quarterly quotas. In Quarter 1

(Q1), the trip limit will be 11,000 lb

(4,990 kg); in Q2, 7,000 lb (3,175 kg); in

Q3, 3,000 lb (1,361 kg), and in Q4, 4,000

lb (1,814 kg). While the trip limits

could, in theory, prevent quarterly

closures, the limits impact only

approximately 5 percent of the trips in

this fishery. NMFS remains concerned

about the cost of enforcement compared

to the effectiveness of these trip limits.

However, no change to the trip limits

are made at this time since the states are

implementing these limits for January 1,

1998, as compliance criteria under the

Commission requirements. Changes at

this time would result in differing limits

for state-permitted and Federallypermitted vessels, compounding the

concerns about the measure. Such an

inconsistency would be confusing to the

industry and would prevent effective

enforcement. NMFS recommends

continued oversight of these trip limits

to monitor their enforceability, their

impact on the fishery and their

effectiveness at achieving the

conservation goals of the FMP. NMFS

expects that the Council will carefully

examine the impacts of these trip limits

as part of the annual specification

process for 1999.

The 1998 commercial quota,

apportioned by quarter according to the

percentage shares specified in

§ 648.140(d)(1), and the trip limits

associated with those quarters are

presented in Table 4:

TABLE 4.—1998 BLACK SEA BASS QUARTERLY COASTWIDE QUOTAS AND QUARTERLY TRIP LIMITS

Quarter Percent Pounds (kg) 1

Trip limits

lbs (kg)

1. (Jan-Mar) .......................................................................... 38.64 2,385,247 1,081,930 11,000 4,990

2. (Apr-Jun) ........................................................................... 29.26 1,806,220 819,288 7,000 3,175

3. (Jul-Sep) ........................................................................... 12.33 761,131 345,243 3,000 1,361

4. (Oct-Dec) .......................................................................... 19.77 1,220,402 553,565 4,000 1,814

Total ............................................................................... 100.00 6,173,000 2,800,026

1Kilograms are as converted from pounds and do not add to the converted total due to rounding.

Changes From the Proposed Rule

In the proposed rule, Table 4

specified the quarterly coastwide

allocations and trip limits for the

commercial black sea bass fishery. The

table erroneously identified Quarter 2 as

comprising the months of April through

May. Instead, Quarter 2 comprises the

months of April through June, and the

table is corrected to read as such in this

final rule.

This document corrects the language

specified in § 648.100(a), established by

the final rule implementing Amendment

7 to the FMP, that set the target F for

summer flounder for 1998 and beyond

as F = 0.23 and specified that the

allowable levels of fishing in 1996 and

1997 may not exceed 18,518,830 lb (8.4

million kg), unless such fishing levels

have an associated F of 0.23. The stated

management strategy of Amendments 2

and 7 to the FMP defines overfishing for

summer flounder as fishing in excess of

Fmax level. Fmax is a biological reference

point that corresponds to the level of F

that produces the maximum yield per

recruit. As a reference point, Fmax may

change based on changes in the summer

flounder stock. Although Fmax

corresponded with an F of 0.23 when

the final rules implementing

Amendments 2 and 7 to the FMP were

developed, Fmax is currently 0.24. As a

result, while F = 0.23 was Fmax at that

time, the section must be corrected to

implement the intent of the Council in

Amendments 2 and 7 that the target is

Fmax, and not 0.23. Thus, the final rule,

technical amendment contained in this

action changes the wording of the target

F for 1998 and beyond for summer

flounder to be the fishing mortality rate

that yields the maximum yield per

recruit (Fmax), rather than a numerical

term that varies slightly over time.
66308 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

Comments and Responses

A total of 24 letters from the public,

one (1) letter from the Commonwealth

of Massachusetts, Division of Marine

Fisheries (MA–DMF), and one (1) letter

from the Commonwealth of

Massachusetts, Marine Fisheries

Commission (MA–MFC) were received

during the comment period for this

action, which ended on November 17,

1997. Three form letters were submitted

by several individuals. Several of the

letters contained comments on the FMP

in general or offered suggestions for

future management that are not within

the scope of this action. Only comments

relevant to the proposed specifications

that were received by NMFS prior to the

close of business on the date specified

as the close of comments were

considered for this rulemaking.

Summer Flounder

Comment: One letter from the public

and two form letters signed by 15

people supported a commercial quota of

19 million lb (8.6 million kg) for the

1998 summer flounder fishery. They

noted that this quota was examined

under Option 4 in the 1997 stock

assessment (SAW–25) report.

Response: SAW–25 examined a range

of landings projections, including

Option 4, which was examined at the

request of industry participants. Option

4 projected a TAL of 31.7 million lb

(14.4 million kg) and a commercial

quota of 19 million lb (8.6 million kg),

as noted by the commenters. This

option provides a median F of 0.65 for

1998, indicating that this option has

over 96 percent probability of resulting

in F that will be in excess of Fmax for

summer flounder in 1998. Both the

Council and NMFS found that a TAL of

this level does not have a reasonable

likelihood of achieving the target F for

1998 and is not in compliance with the

FMP or with NMFS policy, which is to

be cautious in the face of uncertainty.

Comment: One letter from the public

and one form letter signed by 8

individuals stated that the 15-percent

bycatch provision should be in addition

to the recommended quota, not

included within the recommended

amount.

Response: The TAL for summer

flounder specified by this rule has a 50-

percent probability of achieving F =

0.35. The target F for 1998 is 0.24. The

most recent assessment for summer

flounder (SAW–25) noted that F for

summer flounder has not yet been

reduced below 1.0. As a consequence,

SAW–25 recommended a reduction in

the TAL to 13.889 million lb (6.30

million kg). SAW–25 also noted the

need to reduce discard and discard

mortality in both the commercial and

recreational fisheries. The provision to

include a 15 percent bycatch fishery

within the TAL of 18.518 million lb

(8.40 million kg) is both a serious

attempt to address discards, and, in

effect, a 15-percent reduction in the

commercial quota allocated to the

directed fishery. The bycatch quota

allocation will extend the season and

reduce waste due to discards following

the end of the directed fishery. The

inclusion of the 15-percent bycatch

provision within the TAL is one of the

factors that provide a reasonable

likelihood that the TAL will achieve the

F rate specified in the FMP. To add the

15 percent to the present quota would

merely create additional landings, and

hence additional mortality on the stock,

and lessen the likelihood that the TAL

will achieve the target F.

Comment: One comment letter signed

by 7 individuals stated that 15 percent

of any other catch should be allowed for

summer flounder bycatch, so that

scallop, squid, croaker, dogfish and

other fisheries could land a bycatch and

not throw the summer flounder

overboard. This summer flounder

should not be counted against the quota.

Response: This suggestion would

violate several provisions of the FMP

and would undermine the integrity of

the commercial quota. The regulations

governing summer flounder at

§ 648.100(d)(2) specifically state that all

summer flounder landed for sale in a

state shall be applied against that state’s

annual commercial quota, regardless of

where the summer flounder were

harvested. Additionally, in the EEZ, any

fishery participant, regardless of the

species targeted, may land summer

flounder for sale provided that the

participant complies with the

requirements of the FMP, including, but

not limited to, the possession of a vessel

moratorium permit. Most states also

have vessel permit requirements.

Comment: The MA–DMF and MA–

MFC question whether a 15-percent

bycatch provision will result in a

reduction in discards and waste

sufficient to compensate for the fact that

the adopted TAL is 4.63 million lb (2.1

million kg) in excess of a TAL of 13.889

million lb (6.30 million kg), the level

specified by SAW–25 as having a 50-

percent probability of achieving F 0.24

in 1998.

Response: The 15-percent bycatch

provision is not the only measure that

increases the likelihood that the TAL of

18.518 million lb (8.4 million kg) will

achieve Fmax in 1998. Anticipated

deductions due to overages in the 1997

fishing year will also increase the

probability of achieving Fmax. Based on

commercial landings to date, there will

be an estimated quota overage in 1997

of 273,156 lb (123,901 kg) (3.3 percent)

if there are no further late reports during

1997 and all states are closed with no

additional overages. On June 3, 1998,

the measure requiring a minimum mesh

size throughout the net approved as part

of Amendment 10 will become effective

thereby further reducing F on sublegal

fish.

SAW–25 notes that, in the

retrospective analysis of the summer

flounder virtual population analysis

(VPA) for terminal catch years 1990–

1996, the pattern of estimation of F for

1994–1995 alters the pattern noted in

the last assessment. The last assessment

noted that F was underestimated in the

terminal catch years 1991–1993. SAW–

25 concluded that the reversal in

terminal year F estimates may be due to

improved accuracy of catch estimates in

1995 and 1996, more accurate indices of

stock size due to revised aging, and

improved monitoring and estimation of

discards. NMFS agrees that there have

been substantive improvements in quota

monitoring and prevention of quota

overages over the past year. Since there

is no reason to expect that these factors

will change, this pattern could likely

hold for the 1997 stock estimates. A

greater stock size in 1997 would

increase the projected stock size in

1998, which means more fish being

available for harvest at a given F. This,

in turn, increases the probability that

the proposed TAL of 18.518 million lb

(8.4 million kg) would achieve Fmax in

1998.

Scup

Comment: One comment letter signed

by 7 individuals states that scup

landings have already been reduced by

the 5.5 inch (14.0 cm) mesh size

requirement in summer flounder and by

the 6 inch (15.2 cm) mesh size

requirement in the multispecies

fisheries, and therefore, it is wrong that

these scup, when caught in these nets,

must be discarded.

Response: Any vessel fishing with a

net that meets or exceeds the 4.5 inch

(11.4 cm) diamond minimum mesh

requirement for the scup fishery and is

issued a valid scup moratorium permit

may retain all scup of legal size. Other

provisions may limit fishing activity, for

instance, if landings are prohibited due

to quota attainment. Data do not

indicate that scup landings have

decreased due to the 1993 (Federal)

implementation of the summer flounder

minimum mesh size.

Comment: MA–DMF and MA–MFC

comment that the minimum mesh size
Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations 66309

should be required throughout the net,

so that the scup requirement is

consistent with the summer flounder

requirement in Amendment 10.

Response: Amendment 8 to the FMP,

which implemented comprehensive

management measures for the scup

fishery, authorizes the Council to

recommend to the Regional

Administrator measures necessary to

assure that the specified exploitation

rate will not be exceeded. Among the

measures the Council may recommend

is a minimum mesh size. However, this

mesh may be applied to the codend of

the net only. There is no mechanism in

the scup regulations by which the

Council, or NMFS, could implement

mesh throughout the net for scup. Such

a mechanism would have to be

established through an amendment to

the FMP.

Comment: MA–DMF and MA–MFC

commented on concerns expressed in

SAW–25 concerning the inadequacy of

the input data. Specifically, exploratory

VPA estimates of fishing mortality in

1996 were used to set a TAC for 1998,

an approach which these agencies feel

is inappropriate. The comments state it

is unjustifiable to cut landings when the

target F may have been achieved in

1997. MA-MFC urged a ‘‘different

approach’’ to management other than

just cutting landings. Further, the

agencies maintain that discard levels of

scup are high in the offshore small mesh

(squid) fishery and that measures must

be implemented to reduce them prior to

quota reductions.

Response: SAW–25 utilized the best

available data to complete an

assessment of the scup stock. There

were concerns about the data that SAW–

25 noted, and NMFS believes that these

concerns should not logically be

interpreted that landings cannot be

reduced. Although the agency is

concerned about the issue of discards,

SAW–25 notes that there are serious

limitations in the data used to estimate

and characterize commercial discards

and landings and that there is not an

obvious solution. The commenter did

not elaborate what ‘‘different approach’’

to management might be appropriate for

this fishery, so NMFS cannot respond

further.

Black Sea Bass

Comment: One comment letter signed

by 7 individuals states that black sea

bass landings have already been

reduced by the 5.5 inch (14.0 cm) mesh

requirement in summer flounder and by

the 6 inch (15.2 cm) mesh requirement

in the multispecies fisheries, and,

therefore, it is wrong that these fish,

when caught in that net, must be

discarded.

Response: Any vessel fishing with a

net that meets or exceeds the 3.5 inch

(8.9 cm) diamond or the 4.0 inch (10.2

cm) square minimum mesh requirement

for the black sea bass fishery and being

issued a valid black sea bass

moratorium permit may retain all black

sea bass of legal size. Other provisions

may limit fishing activity, for instance if

landings are prohibited due to quota

attainment. Data do not indicate that

black sea bass landings have decreased

due to the 1993 (Federal)

implementation of the summer flounder

minimum mesh size.

Comment: One member of the public

and the MA-MFC advocated a 12-inch

(30.5 cm) minimum fish size for black

sea bass, instead of the 10-inch (25.4

cm) minimum fish size.

Response: A 12-inch (30.5 cm)

minimum fish size for black sea bass

would certainly compound any benefits

to the resource and stock rebuilding,

and NMFS commends any state, such as

Massachusetts, that implements that

minimum size. However, both the

Commission and the South Atlantic

Fisheries Management Council (by way

of the Snapper/Grouper FMP) voted to

increase the minimum black sea bass

size to 10 inches (25.4 cm). There are

benefits associated with consistency for

both industry participants and law

enforcement. Additionally, length

frequency data from the NMFS

weighout data (Maine to Virginia) and

the North Carolina winter trawl fishery

data indicate that a 12-inch (30.5 cm)

minimum fish size would decrease

dramatically the amount of fish that

could be legally landed. This decrease

in landings would increase discards

unless gear restrictions were also

modified. Gear modifications were not

considered by the Council.

Comment: One member of the public

supports the 1,000 lb (454 kg) threshold

for triggering minimum mesh size in the

black sea bass fishery because it will

require the directed black sea bass

fishery to use appropriate gear and still

allow an incidental catch to be

harvested from other fisheries.

Response: NMFS agrees.

Comment: One member of the public

supports black sea bass trip limits as a

method to extend a quota. MA–DMF

and MA–MFC feel that the trip limit for

the second quarter is too high and

advocate a 2,000 lb (907.2 kg) trip limit

instead.

Response: NMFS agrees that trip

limits could, in theory, extend a quota

and prevent quarterly closures.

However, NMFS remains concerned

about the adopted limits since they

impact only approximately 5 percent of

the trips in this fishery. NMFS’ primary

concern focuses on the cost of

enforcement compared to the

effectiveness of these trip limits. NMFS

determined to make no changes to the

trip limits at this time since the states

are implementing these limits by

January 1, 1998, as Commission

compliance criteria. Changes at this

time would result in differing limits for

state and Federal vessels, compounding

agency enforcement concerns.

Classification

These proposed specifications have

been determined to be non-significant

for 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 of the

Small Business Administration that the

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

The reasons for this certification are

based on an assessment of this action

under NMFS’s long standing Regulatory

Flexibility Act guidelines discussed in

the proposed rule. Although not

required to do so, because a full

examination of the economic impact of

this rule is important, NMFS prepared

an IRFA. NMFS received no comments

on the IRFA or the determination that

would result in a change to the finding

of no significant impact. Editorial

corrections were made to the IRFA at

the request of Council staff. Therefore,

the IRFA is adopted as final with these

corrections.

NMFS considered several alternatives

in the development of the specifications

contained in this rule. Two other

alternatives were considered for the

1998 summer flounder specifications: a

TAL of 13.889 million lb (6.30 million

kg), and a TAL 22.046 million lb (10.00

million kg). For the first alternative,

landings would be substantially reduced

in 1998 without significant long-term

benefit to either the commercial or

recreational fishing industries or the

stock. The second non-preferred

alternative (22.046 million lb/10 million

kg TAL) represents an increase of almost

19 percent from the 1997 level. Based

on stochastic projections, this

alternative would have a 1 percent

probability of achieving the target F of

0.24 in 1998. Thus, while this

alternative would minimize significant

economic impacts on small entities, it

would not accomplish the stock

rebuilding objectives of the FMP.

For scup, two alternatives, other than

the preferred alternative, were

considered for the 1998 specifications
66310 Federal Register / Vol. 62, No. 243 / Thursday, December 18, 1997 / Rules and Regulations

using varying discard estimates:

commercial quotas of 3.626 million lb

(1.64 million kg) and 5.675 million lb

(2.57 million kg). The recreational

harvest limit was 1.553 million lb (0.70

million kg) for each alternative. The first

alternative assigns 2.049 million lb

(0.929 million kg) to the discard

estimate, and would set the coastwide

commercial quota at 3.626 million lb

(1.64 million kg). This alternative

implies that the effects of the mesh and

minimum size regulations are minimal

or nonexistent, and assigns a larger

percentage of the TAC to discards. To

minimize significant economic impacts

on small entities, the Council did not

adopt this alternative. Conversely, the

second alternative sets a discard level of

0 lb (0 kg) and a commercial quota of

5.675 million lb (2.57 million kg). This

assumption is unrealistic given the

nature of the scup fishery. As such, this

alternative would not accomplish the

stock rebuilding objectives of the FMP.

In black sea bass, two alternative

TALs were considered. The first is a

TAL of 4.519 million lb (2.05 million

kg). This alternative would accelerate

stock rebuilding, but at the expense of

the commercial and recreational fishing

industries. The second alternative

considered would set the TAL equal to

the total landings for 1996. This landing

limit has no probability of achieving the

target in 1998 set forth in Amendment

9 to the FMP. Therefore, it would not

accomplish the stock rebuilding

objectives of the FMP. The Council also

considered other management measures

for black sea bass. For further

information on these alternatives, please

consult the FRFA. Copies of the FRFA

are available (see ADDRESSES).

This action adopts final 1998

specifications for the summer flounder,

scup, and black sea bass fisheries and

implements associated management

measures. Generally, this action does

not significantly revise management

measures in a manner that would

require time to plan or prepare for those

revisions. This action establishes yearlong quotas which are used to close the

fishery when a quota is harvested.

Closures must be taken immediately to

conserve fishery resources. The

minimum fish size requirement for

black sea bass implements a measure for

Federal permit holders that has been

adopted by the Commission as a

compliance criteria with an effective

date of January 1, 1998. Since this

measure has already been adopted by

the states for an effective date of January

1, 1998, it is not practical to delay the

effectiveness beyond that. The change in

the possession limit that triggers the

minimum net mesh size requirement

relieves a restriction by allowing a

bycatch fishery to be prosecuted that

would otherwise be restricted by the

requirement to change to a larger mesh

at a lower threshold. Accordingly, the

Assistant Administrator for Fisheries,

NOAA (AA), under 5 U.S.C. 553(d)(1),

waives the 30-day delayed effectiveness

period with respect to such provisions.

For the technical regulatory change, the

AA finds good cause to waive prior

notice and opportunity for public

comment under 5 U.S.C. 553(b)(B). The

technical change corrects the

regulation’s wording of the target F for

summer flounder for 1998 and beyond

to reflect accurately the stated

management strategy of the FMP which

defines overfishing for summer flounder

as fishing in excess of Fmax level. As

such, the AA finds that prior notice and

comment are unnecessary. Further,

there is no requirement to delay the

effective date of this technical change

under 5 U.S.C. 553(d) as it is not a

substantive rule.

List of Subjects in 50 CFR Part 648

Fisheries, Reporting and record

keeping requirements.

Dated: December 12, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 648 is amended

as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:

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

2. In § 648.14, paragraph (u)(1) is

revised to read as follows:

§ 648.14 Prohibitions.

* * * * *

(u) * * *

(1) Possess 1,000 lb (453.6 kg) or more

of black sea bass, unless the vessel

meets the minimum mesh requirement

specified in Sec. 648.144(a).

* * * * *

3. In § 648.100, paragraph (a) is

revised to read as follows:

§ 648.100 Catch quotas and other

restrictions.

(a) Annual review. The Summer

Flounder Monitoring Committee shall

review the following data on or before

August 15 of each year to determine the

allowable levels of fishing and other

restrictions necessary to achieve a

fishing mortality rate (F) of 0.30 in 1997,

and the F that produces the maximum

yield per recruit (Fmax) in 1998 and

thereafter, provided the allowable levels

of fishing in 1997 may not exceed

18,518,830 lb (8,400 mt), unless such

fishing levels have an associated F of

Fmax: Commercial and recreational catch

data; current estimates of fishing

mortality; stock status; recent estimates

of recruitment; virtual population

analysis results; levels of

noncompliance by fishermen or

individual states; impact of size/mesh

regulations; sea sampling and winter

trawl survey data or, if sea sampling

data are unavailable, length frequency

information from the winter trawl

survey and mesh selectivity analyses;

impact of gear other than otter trawls on

the mortality of summer flounder; and

any other relevant information.

* * * * *

4. In § 648.143, the first sentence of

paragraph (a) is revised to read as

follows:

§ 648.143 Minimum sizes.

(a) The minimum size for black sea

bass is 10 inches (25.4 cm) total length

for all vessels issued a moratorium

permit under § 648.4(a)(7) which fish for

or retain black sea bass in or from U.S.

waters of the western Atlantic Ocean

from 35°15.3′ N. Lat., the latitude of

Cape Hatteras Light, North Carolina,

northward to the U.S.-Canada border.

* * *

* * * * *

5. In § 648.144, paragraph (a)(1)(i) is

revised to read as follows:

§ 648.144 Gear restrictions.

(a) * * *

(1) * * * (i) Otter trawlers whose

owners are issued a black sea bass

moratorium permit and that land or

possess 1,000 lb or more (453.6 kg or

more) of black sea bass per trip, must

fish with nets that have a minimum

mesh size of 4.0 inches (10.2 cm)

diamond or 3.5 inches (8.9 cm) square

(inside measure) mesh applied

throughout the codend for at least 75

continuous meshes forward of the

terminus of the net, or, for codends with

less than 75 meshes, the minimummesh-size codend must be a minimum

of one-third of the net, measured from

the terminus of the codend to the center

of the head rope, excluding any turtle

excluder device extension.

* * * * *

[FR Doc. 97–33076 Filed 12–15–97; 4:14 pm]

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