[Federal Register Volume 62, Number 72 (Tuesday, April 15, 1997)]
[Proposed Rules]
[Pages 18309-18310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9589]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 960520141-7077-05; I.D. 021897B]
RIN 0648-AH05


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; 1997 Scup Recreational Fishery 
Measures

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 to retain, for 1997, the 1996 
recreational management measures for the scup fishery implemented under 
the regulations implementing Amendment 8 to the Fishery Management Plan 
for the Summer Flounder, Scup, and Black Sea Bass Fisheries (FMP). This 
rule proposes no change to the measures implemented under Amendment 8, 
that is, a 7-inch (17.78-cm) minimum fish size, no possession limit and 
no season for the recreational scup fishery. The intent of this 
document is to comply with implementing regulations for the scup 
fishery that require NMFS to publish measures for the upcoming fishing 
year that will prevent overfishing of the resource.

DATES: Public comments must be received on or before May 15, 1997.

ADDRESSES: Copies of the Environmental Assessment prepared for the 1997 
scup specifications and supporting documents used by the Monitoring 
Committee are available from: Executive Director, Mid-Atlantic Fishery 
Management Council, Room 2115, Federal Building, 300 S. New Street, 
Dover, DE 19901-6790. Comments should be sent to: Regional 
Administrator, Northeast Region, NMFS, One Blackburn Drive, Gloucester, 
MA 01930. Please mark the outside of the envelope ``Comments on the 
Recreational Fishing Measures for Scup.''

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

SUPPLEMENTARY INFORMATION: The FMP was developed jointly by the Mid-
Atlantic Fishery Management Council (Council) and the Atlantic States 
Marine Fisheries Commission (Commission) in consultation with the New 
England and South Atlantic Fishery Management Councils. Implementing 
regulations for the fishery are found at 50 CFR part 648.
    Section 648.120 outlines the process for determining annual 
commercial and recreational catch quotas and other restrictions for the 
scup fishery. The Scup Monitoring Committee (Committee), made up of 
representatives from the Council, the Commission, the New England 
Fishery Management Council, and NMFS, is required to review, on an 
annual basis, scientific and other relevant information and to 
recommend a quota and other restrictions necessary to achieve an annual 
exploitation rate of 47 percent in 1997 through 1999, 33 percent in 
2000 and 2001, and the exploitation rate associated with 
F<INF>max</INF> (currently 19 percent) in 2002. This schedule is 
mandated by the FMP to prevent overfishing and to rebuild the scup 
resource. The Committee reviews the

[[Page 18310]]

following information annually: (1) Commercial and recreational catch 
data; (2) current estimates of stock mortality; (3) stock status; (4) 
recent estimates of recruitment; (5) virtual population analysis (a 
method for analyzing fish stock abundance); (6) levels of regulatory 
noncompliance by fishermen or individual states; (7) impact of fish 
size and net mesh regulations; (8) impact of gear, other than otter 
trawls, on the mortality of scup; and (9) other relevant information. 
Pursuant to Sec. 648.120, after this review, the Committee recommends 
to the Council and Commission management measures to ensure achievement 
of the appropriate exploitation rate. The Council and Commission, in 
turn, make a recommendation to the Regional Administrator.
    Final specifications for the 1997 scup fishery were published on 
March 14, 1997 (62 FR 12105), including a coastwide recreational 
harvest limit of 1.947 million lb (0.88 million kg). The recreational 
season, possession limit, and minimum size were not established as part 
of those specifications because recreational catch data for 1996 were 
not available for the Committee's use to evaluate the effectiveness of 
the 1996 measures. Shortly after preliminary 1996 data became 
available, the Committee met again to review the data and to recommend 
measures for the 1997 recreational fishery intended to achieve the 
recreational harvest limit. The Committee, noting uncertainties in the 
stock assessment and stock size projections for 1997, and the landings 
projections for 1996, recommended to the Council and Commission that 
the management measures implemented in 1996 for the recreational 
fishery, specifically a minimum fish size of 7 inches (17.78 cm), be 
continued for 1997. The Committee did not recommend a season or 
possession limit for 1997. The Council and Commission adopted the 
recommendation on December 17, 1996, and this recommendation is 
proposed in this action.
    The Council and Commission recommended the continuation of the 1996 
limits after reviewing data that indicated that, while projected 1996 
landings would be 2.3 million lb (1.04 million kg), or 16 percent 
greater than the harvest limit proposed for 1997, 1995 recreational 
landings were only 1.3 million lb (0.6 million kg), or 32 percent less 
than the harvest limit proposed for 1997. Given this variability in 
landings around the harvest level proposed in 1997, when little or no 
restrictions were in place, the Council and Commission were reluctant 
to implement further restrictions at this time. In addition, the 
Council and Commission noted uncertainties in the analyses and 
projections cited by the Committee and concluded that the availability 
of larger scup (i.e., scup larger than 7 inches (17.78 cm)) was not 
expected to increase. The Council and Commission determined that the 7-
inch (17.78-cm) minimum size regulation would constrain anglers to the 
1997 coastwide recreational harvest limit of 1.947 million lb (0.88 
million kg). To adopt an increase in size or possession limit at this 
time could preclude the harvest limit from being taken.

Classification

    This action is authorized by 50 CFR Part 648, and has been 
determined to be not significant for purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation, 
Department of Commerce, certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule issued under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act will not have a significant economic impact on a 
substantial number of small entities as follows:

    This action would retain for 1997, the same management measures 
for the recreational scup fishery implemented in 1996. Specifically, 
this action would continue the minimum fish size of 7 inches (17.8 
cm) and no possession limit in order to allow the recreational 
sector of the scup fishery to harvest the coastwide harvest limit of 
1.947 million lb (0.88 million kg). The Council and Commission 
recommended the continuation of the 1996 measures after reviewing 
data that indicated that, while projected 1996 landings could be 2.3 
million lb (1.04 million kg), or approximately 17 percent greater 
than the 1997 harvest limit, recreational landings for 1995 were 
only 1.3 million lb (0.6 million kg), or 32 percent less than the 
1997 harvest limit. The 1997 harvest level represents an 8.2 percent 
increase relative to the mean of those two landings levels.
    Currently, there are 290 vessels issued charter/party permits 
for the scup fishery. It is probable that all of these vessels would 
qualify as small entities (that is, having annual receipts of less 
than 2 million dollars). Based on 1995 angler intercept data, scup 
were the primary species sought in an estimated 2.3 percent of the 
reported trips in the North Atlantic region. Scup was not among the 
top ten species sought in either the Mid-Atlantic or the South 
Atlantic (including North Carolina) regions. Those data include 
trips by all modes, including party/charter and private/rental 
vessels, as well as fishing from shore and man made structures 
(e.g., piers). These data, however, cannot predict the extent to 
which participation would be effected by the proposed measures. 
Achievement of the target harvest limit is dependent upon the 
assumption that participation (effort) as well as scup availability, 
will not change in 1997. Since the result of this action is no 
change in the recreational fishing measures for 1997, compliance 
costs are not expected to increase, and no vessels are expected to 
cease operations. Likewise, since fewer than 3 percent of the 
reported trips indicate scup as the primary species sought, ex-
vessel revenues are not expected to increase or decrease by 5 
percent or more for 20 percent or more of these participants in the 
recreational fishery. This presumption is supported by the fact that 
the identical measures implemented under Amendment 8 to the Fishery 
Management Plan for the Summer Flounder and Scup Fisheries were 
determined to not have a significant economic impact on a 
substantial number of small entities. It is, therefore, likely that 
this rule would similarly not have a significant impact on a 
substantial number of small entities. As a result, an initial 
regulatory flexibility analysis was not prepared.

    Dated: April 9, 1996.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
[FR Doc. 97-9589 Filed 4-14-97; 8:45 am]
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