Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules 28879

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 010511122–1122–01; I.D.

031901C]

RIN 0648–AN70

Fisheries of the Northeastern United

States; Recreational Measures for the

Summer Flounder, Scup, and Black

Sea Bass Fisheries Fishing Year 2001

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes recreational

measures for the 2001 summer flounder,

scup, and black sea bass fisheries. The

implementing regulations for these

fisheries require NMFS to publish

recreational measures for the upcoming

fishing year and to provide an

opportunity for public comment. The

intent of these measures is to prevent

overfishing of the summer flounder,

scup, and black sea bass resources.

DATES: Public comments must be

received on or before June 11, 2001.

ADDRESSES: Comments on the proposed

recreational specifications should be

sent to Patricia A. Kurkul, Regional

Administrator, Northeast Region,

NMFS, One Blackburn Drive,

Gloucester, MA 01930–2298.

Copies of supporting documents used

by the Summer Flounder, Scup, and

Black Sea Bass Monitoring Committees

and of the Environmental Assessment,

Regulatory Impact Review, Initial

Regulatory Flexibility Analysis (EA/

RIR/IRFA) are available from Daniel

Furlong, Executive Director, MidAtlantic Fishery Management Council,

Room 2115, Federal Building, 300 South

Street, Dover, DE 19901–6790. The EA/

RIR/IRFA is accessible via the Internet

at http://www.nero.nmfs.gov/ro/doc/

nero.html.

FOR FURTHER INFORMATION CONTACT:

Allison Ferreira, Fishery Management

Specialist, (978) 281–9103, fax (978)

281–9135, e-mail

allison.ferreira@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

The Fishery Management Plan for

Summer Flounder, Scup, and Black Sea

Bass Fisheries (FMP) and its

implementing regulations (50 CFR part

648, subparts G, H, and I) describe the

process for specifying annual

recreational measures. The FMP has

established Monitoring Committees

(Committees) for each of the three

fisheries, consisting of representatives

from the Atlantic States Marine

Fisheries Commission (Commission),

the Mid-Atlantic Fishery Management

Council (Council), the New England and

South Atlantic Fishery Management

Councils, and NMFS. The FMP and its

implementing regulations require the

Committees to review annually

scientific and other relevant

information, and to recommend

measures necessary to achieve the

recreational harvest limits established

for the summer flounder, scup, and

black sea bass fisheries. The FMP limits

these measures to minimum fish sizes,

possession limits, and closed seasons.

The Council’s Demersal Species

Committee and the Commission’s

Summer Flounder, Scup, and Black Sea

Bass Board (Board) then consider the

Committees’ recommendations and any

public comment in making their

recommendations to the Council and

the Commission, respectively. The

Council then reviews the

recommendations of the Demersal

Species Committee, makes its own

decision, and forwards its

recommendation to NMFS.

For several reasons the rulemaking

process that would have established

recreational measures for these fisheries

for the year 2000 was not completed.

NMFS published proposed measures for

summer flounder and black sea bass on

August 16, 2000 (65 FR 49959) with

comments accepted through September

15, 2000. In the meantime, the Council

had met in August 2000 to begin the

process for the fishing year that began

January 1, 2001. NMFS determined that

publication of measures for 2000 so late

in the year would provide no

conservation benefit and could create

confusion; therefore, NMFS did not

publish a final rule.

Final specifications for the 2001 scup

and black sea bass fisheries were

published at 66 FR 12902, March 1,

2001, and for the summer flounder

fishery at 66 FR 16151, March 23, 2001.

These specifications included a

coastwide recreational harvest limit of

7.16 million lb (3.25 million kg) for

summer flounder, 1.77 million lb (0.803

million kg) for scup, and 3.148 million

lb (1.43 million kg) for black sea bass.

Those specifications did not establish

recreational measures since final

recreational catch data were not

available when the Council made its

recreational harvest limit

recommendation to NMFS.

Summer Flounder

The final specifications established a

Total Allowable Landings (TAL) for

summer flounder of 17.91 million lb

(8.125 million kg), consistent with the

emergency action taken on August 2,

2000 (65 FR 47648), in response to the

April 25, 2000, Court Order in NRDC v.

Daley. The specifications divided the

summer flounder TAL into a

commercial quota of 10.75 million lb

(4.877 million kg) and a recreational

harvest limit of 7.16 million lb (3.248

million kg).

Although NMFS did not publish final

Federal recreational measures for 2000,

most of the coastal states from Maine

through North Carolina, acting under

the Commission’s Interstate Fishery

Management Plan (IFMP), implemented

a 15.5–inch (39.37–cm) total length (TL)

minimum fish size, an 8–fish possession

limit, and an open season from May 10

through October 2. Despite these

measures, 2000 Marine Recreational

Statistics Survey (MRFSS) data project

recreational summer flounder landings

to be 15.63 million lb (7.09 million kg),

or more than double the established

recreational harvest limit of 7.41 million

lb (3.36 million kg) for 2000. Assuming

recreational fishing effort in 2001 will

be similar to 2000, the recreational

measures need to reduce summer

flounder recreational landings in 2001

by approximately 54 percent to achieve

this recreational harvest limit.

Therefore, the recreational measures

need to further constrain the

recreational summer flounder harvest in

2001.

In a meeting held on April 3, 2001,

with NMFS, environmental groups, and

other stakeholders, the Commission

adopted a summer flounder quota

consistent with the emergency action. In

addition, the Commission’s Summer

Flounder Board chose to calculate the

reduction needed in 2001 based on an

average of recreational landings for the

past 3 years (1998–2000), rather than on

estimated 2000 landings (15.63 million

lb (7.09 million kg)). By basing the 2001

reductions on this 3–year average of

12.16 million lb (5.52 million kg), the

Commission will enact measures to

achieve a 41–percent, as opposed to a

48–percent, reduction in recreational

landings.

The Council recommended the

following measures to NMFS at its

December 12–14, 2000, meeting to

achieve its 7.16 million–lb (3.248

million–kg) harvest limit: A 15.5–inch

(39.27–cm) minimum fish size, a 3–fish

possession limit, and an open season

from May 25 through September 4 (i.e.,

a closed season from January 1 through

28880 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules

May 24 and from September 5 through

December 31). These measures should

reduce recreational landings by

approximately 53 percent, assuming

they are complied with 85 percent of the

time.

Scup

NMFS did not issue final recreational

measures for scup in 2000. On January

12, 2000, the Council submitted its

recommended annual recreational

measures for scup to NMFS. The

Council’s submission included

proposed scup measures of a 7–inch

(17.78–cm) TL minimum fish size, a 50–

fish possession limit, and no closed

season for 2000. After careful review,

NMFS rejected the Council’s proposed

scup measures on March 10, 2000,

because the Council’s submission

indicated the proposed scup measures

would result in landings in excess of the

recreational harvest limit established for

2000. The Council did not submit

revised measures for scup.

Although NMFS rejected the

proposed scup measures submitted by

the Council, many coastal states from

Maine to North Carolina implemented

these measures under the Commission’s

IFMP. MRFSS data project 2000

recreational scup landings to be 5.197

million lb (2.357 million kg), or more

than four times greater than the

recreational harvest limit established for

2000 (1.24 million lb (0.56 million kg)).

Assuming recreational effort in 2001 is

the same as 2000, the recreational

measures need to reduce scup

recreational landings in 2001 by

approximately 66 percent to achieve the

recreational harvest limit for 2001.

At its January 23–24, 2001, meeting,

the Commission voted to calculate the

reduction needed in 2001 based on an

average of recreational scup landings for

the past 3 years (1998–2000), rather than

on estimated 2000 landings (5.197

million lb (2.357 million kg)). By basing

the 2001 reductions on this 3–year

average of 2.657 million lb (1.205

million kg), the Commission will enact

measures to achieve about a 33–percent,

as opposed to a 66–percent, reduction in

recreational landings.

At its December 12–14, 2000, meeting,

the Council recommended the following

recreational measures for scup to

achieve the recreational harvest limit: A

9-inch (22.86 cm) TL minimum fish

size, a 50-fish possession limit, and an

open season from August 15 through

October 31 (i.e., a closed season from

January 1 through August 14 and from

November 1 through December 31).

These measures should reduce

recreational scup landings by

approximately 60 percent, assuming

they are complied with 85 percent of the

time.

Black Sea Bass

The final specifications for 2001 for

black sea bass established a recreational

harvest limit of 3.15 million lb (1.43

million kg), the same as for 2000.

MRFSS data project 2000 black sea bass

landings to be 4.291 million lb (1.95

million kg), or 36 percent greater than

the harvest limit established for 2000.

Assuming recreational effort in 2001 is

similar to 2000, the recreational

measures need to reduce black sea bass

recreational landings by approximately

27 percent to achieve the harvest limit

established for 2001.

At its December 12–14, 2000, meeting,

the Council recommended the following

measures to NMFS to achieve the

recreational harvest limit: An 11-inch

(27.94-cm) TL minimum fish size, a 25-

fish possession limit, and an open

season from January 1 through February

28 and from May 10 through December

31 (i.e., a closed season from March 1

through May 9). At this meeting, the

Commission’s Black Sea Bass Board

recommended the same measures to the

Commission. These measures should

reduce black sea bass landings by

approximately 26 percent in 2001,

assuming they are complied with 85

percent of the time.

Classification

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866.

The Council and NMFS prepared an

IRFA that describes the economic

impact this proposed rule, if adopted,

would have on small entities. A copy of

the complete IRFA can be obtained from

the Northeast Regional Office of NMFS

(see ADDRESSES) or via the Internet at

http://www.nero.nmfs.gov/ro/doc/

nero.html. A summary of the analysis

follows:

This preamble includes a description

of the action, why it is being considered,

and the legal basis for this action. This

proposed rule does not duplicate,

overlap, or conflict with other Federal

rules.

The Council’s IRFA analysis

examined the economic impacts of three

alternative sets of recreational

management measures for the summer

flounder, scup, and black sea bass

fisheries: A preferred alternative and

two non-preferred alternatives. The

preferred alternative consists of the

measures recommended by the Council

for the summer flounder, scup and black

sea bass fisheries and is included in this

proposed rule. Non-preferred

Alternative 1 consists of measures

recommended by the Monitoring

Committees for summer flounder and

scup and of a restrictive set of

alternative black sea bass measures.

Non-preferred Alternative 2 would

maintain 2000 measures for all three

fisheries (status-quo).

The category of small entities likely to

be affected by this action are party/

charter vessels harvesting summer

flounder, scup, and/or black sea bass.

This action could affect any party/

charter vessel holding a Federal permit

for summer flounder, scup, and/or black

sea bass, regardless of whether they are

fishing in Federal or in state waters. The

Council estimates that the proposed

measures could affect 694 vessels with

a Federal charter/party permit for

summer flounder, scup and/or black sea

bass. Only 364 of these vessels reported

actively participating in the recreational

summer flounder, scup, and/or black

sea bass fisheries in 1999.

The Council’s analysis assessed

various management measures from the

standpoint of determining the changes

in revenue on party/charter vessels.

Since data on costs and revenues were

not available, the analysis estimated

revenues for party/charter vessels

participating in the summer flounder,

scup and/or black sea bass fisheries by

employing various assumptions. The

Council analyzed the effects of measures

by employing quantitative approaches

to the extent possible. Where

quantitative data were not available, the

Council conducted qualitative analysis.

Projected MRFSS data indicate that an

estimated 1.626 million trips were taken

by anglers aboard party/charter vessels

in 2000 in the Northeast Region. The

summer flounder recreational measures

proposed under the preferred alternative

for the 2001 fishing year would have

affected about 2.64 percent of those trips

in 2000. Specifically, 42,916 angler trips

taken aboard party/charter vessels in

2000 landed at least one summer

flounder that was smaller than 15.5

inches (39.7 cm) TL, or landed more

than 3 summer flounder, or landed at

least one summer flounder during the

proposed closed season (January 1 to

May 24 and September 5 to December

31). Assuming that angler effort and

catch rates in 2001 are similar to 2000,

the analysis projects the proposed

reduction in the summer flounder

possession limit and extension of the

closed season to affect approximately

2.64 percent of the party/charter fishing

effort in 2001. The analysis estimates

vessel revenues associated with these

trips by multiplying the number of

potentially affected trips in 2001

(42,916) by the average fee paid by

anglers in the Northeast region ($39.09).

Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules 28881

The average party/charter fee for 2001 is

based on the average fee paid by anglers

in 1998 calculated from information

collected through an economic

supplement to the NMFS MRFSS. As a

result, total potential revenue loss could

be up to $1,677,586 (42,916 x $39.09).

Assuming the same number of party/

charter vessels that participated in 1999

(318 vessels) would also participate in

the summer flounder fishery in 2001,

the average potential revenue loss per

vessel for the preferred alternative could

be up to $5,275 ($1,677,586/318).

Under the first non-preferred summer

flounder alternative (16-inch minimum

fish size, 3-fish possession limit, and an

open season), the analysis estimated

that 2.72 percent of trips aboard party/

charter vessels would be affected,

assuming angler effort and catch rates in

2001 are similar to 2000. Specifically,

the analysis projects 44,216 angler trips

taken aboard party/charter vessels in

2001 to land at least one summer

flounder smaller than 16 inches (40.64

cm) TL, land more than 3 summer

flounder, or land at least one summer

flounder during the proposed closed

season (January 1 to May 17 and

September 15 to December 31). Total

party/charter revenues associated with

these trips are estimated to be

$1,728,403 (44,216 x $39.09). Assuming

the same number of party/charter

vessels will participate in the 2001

summer flounder fishery that

participated in 1999 (318 vessels), the

average potential revenue loss per vessel

for the first non-preferred alternative

could be up to $5,435 ($1,728,403

divided by 318).

Losses of this magnitude (as estimated

for the preferred and first non-preferred

alternatives) are unlikely to occur, given

that anglers will continue to have the

ability to engage in catch and release

fishing for summer flounder and that

numerous alternative target species are

available to anglers. Unfortunately, very

little information is available to

empirically estimate how sensitive the

affected party/charter boat anglers might

be to the proposed regulations. In

addition, only 7.3 percent of

recreational summer flounder landings

come from the Exclusive Economic

Zone (EEZ). Federal measures apply to

federally permitted vessels wherever

they fish. However, the states, through

the Commission, will likely implement

different measures for summer flounder,

since the Commission has adopted a

‘‘target’’ that is a smaller percent

reduction in landings in 2001

(compared to 2000) than that adopted by

the Council for 2001. Given these

factors, the demand for recreational

party/charter trips targeting summer

flounder should not be significantly

affected by the preferred and first nonpreferred alternatives. Thus, the

monetary impacts per vessel should be

considerably lower than estimated

above.

The second non-preferred summer

flounder alternative maintains the status

quo at a 15.5-inch (39.37 cm) TL

minimum fish size, an 8-fish possession

limit, and an open season from May 10

to October 2. Although NMFS did not

publish a final rule implementing these

measures, most of the coastal states from

Maine to North Carolina implemented

these measures in 2000. Assuming that

angler effort in 2001 is similar to that in

2000 and that catch rates remain

constant, this alternative would not

affect any additional recreational fishing

trips for summer flounder in 2001.

For scup, the analysis projected that

the preferred 2001 recreational

measures would affect approximately

1.44 percent of the total angler trips

taken aboard party/charter vessels in

2001, assuming catch rates and angler

effort in 2001 are similar to those in

2000. Specifically, the analysis

projected 23,409 angler trips taken

aboard party/charter vessels in 2001 to

land at least one scup that is smaller

than 9 inches (22.86 cm) TL, land more

than 50 scup, or land at least one scup

during the proposed closed season

(January 1 to August 14 and November

1 to December 31). The analysis

estimated vessel revenues associated

with these trips by multiplying the

average fee paid by anglers in Northeast

region ($39.09) by the affected trips

(23,409). Thus, party/charter vessels

could lose total revenues up to $915,058

(23,409 x $39.09) as a result of the

preferred management measures.

Analysis of Northeast logbook data for

1999 indicated that 126 party/charter

vessels participated in the scup fishery.

Assuming that the same number of

vessels participate in the scup fishery in

2001, the average potential revenue loss

per vessel for the preferred alternative

could be up to $7,262 ($915,058 divided

by 126).

The analysis projects that

management measures proposed under

the first non-preferred alternative for

scup would affect approximately 1.4

percent of the total angler trips taken

aboard party/charter boats in 2001,

assuming that catch rates and angler

effort in 2001 are similar to those in

2000. Specifically, the analysis projects

that 22,898 angler trips taken aboard

party charter vessels in 2001 would land

at least one scup that is smaller than 9

inches (22.86 cm) TL, land more than 15

scup, or land at least one scup during

the proposed closed season (January 1 to

June 30 and September 30 to December

31). Total party/charter revenues

associated with these trips are estimated

to be $895,083 (22,898 x $39.09).

Assuming the same number of party/

charter vessels will participate in the

2001 scup fishery that participated in

1999 (126 vessels), the average potential

revenue loss per vessel for the first nonpreferred alternative could be up to

$7,104 ($895,083 divided by 126).

Losses of this magnitude (as estimated

for the preferred and first non-preferred

alternatives) are unlikely to occur for

the same reasons noted earlier for

summer flounder (catch and release,

alternative species). Furthermore, the

states, through the Commission, will be

implementing alternative measures for

scup. The Commission voted to enact

measures to reduce scup landings by

only 33 percent based on average

landings over the past 3 years at its

January 23-24, 2001, meeting. While a

larger portion of the recreational scup

fishery occurs in the EEZ than in the

case of summer flounder, recreational

fishermen catch only 13.4 percent of

recreational scup landings from the

EEZ. Given these factors, the demand

for recreational party/charter trips

targeting scup should not be

significantly affected by the preferred

and first non-preferred alternatives.

Thus, the monetary impacts per vessel

should be considerably lower than

estimated above.

The second non-preferred alternative

for scup maintains the status quo at a

50-fish possession limit, a 7-inch (17.78

cm) TL minimum fish size, and no

closed season. Although NMFS did not

publish a final rule implementing these

measures, most of the coastal states from

Maine to North Carolina implemented

these measures in 2000. Assuming that

angler effort in 2001 is similar to that in

2000 and that catch rates remain

constant, the second non-preferred

alternative would not affect any

additional recreational fishing trips for

scup in 2001.

For black sea bass, the analysis

estimated that 0.09 percent of the trips

aboard party/charter vessels in 2000

(1.626 million trips) would have been

affected by the preferred 2001

recreational measures, assuming catch

rates and angler effort in 2001 are

similar to those in 2000. In other words,

the analysis projects that 1,463 angler

trips aboard party/charter vessels in

2001 would land at least one black sea

bass that is smaller than 11 inches

(27.94 cm) TL, land more than 25 black

sea bass, or land at least one black sea

bass during the proposed closed season

(March 1 through May 9). The analysis

determined total party/charter vessel

28882 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules

revenues associated with these trips by

multiplying the number of potentially

affected trips in 2001 (1,463) by the

average fee paid by anglers ($39.09).

Thus, adoption of the preferred

management measures could reduce

total party/charter vessel revenues by up

to $57,189 (1,463 x $39.09). Analysis of

Northeast logbook data indicated that

261 party/charter vessels participated in

the recreational black sea bass fishery in

1999. Assuming the same number of

vessels will participate in this fishery in

2001, the average potential revenue loss

per vessel for the preferred alternative

could be up to $219 ($57,189 divided by

261).

Under the first non-preferred black

sea bass alternative, the analysis

estimated that 0.83 percent of the trips

aboard party/charter vessels in 2000

would have been affected by these

measures in 2001, assuming catch rates

and angler effort in 2001 are similar to

those in 2000. In other words, the

analysis projects that 13,492 angler trips

taken aboard party/charter vessels in

2001 would land at least one black sea

bass that is smaller than 10 inches (25.4

cm) TL, land more than 15 black sea

bass, or land at least one black sea bass

during the proposed closed season

(January 1 through May 31 and

November 25 through December 31).

The analysis determined total party/

charter vessel revenues associated with

these trips to be $527,402 (13,492 x

261). Assuming the same number of

vessels will participate in the black sea

bass fishery in 2001 as in 2000 (261

vessels), the average potential revenue

loss per vessel for the first non-preferred

alternative could be up to $2,021

($527,402 divided by 261).

Losses of this magnitude (as estimated

for the preferred and first non-preferred

alternatives) are unlikely to occur for

the same reasons noted earlier for

summer flounder (catch and release,

alternative species).

The second non-preferred alternative

for black sea bass maintains the status

quo at a 10-inch (25.4 cm) TL minimum

fish size with no size or possession

limits. Although NMFS did not publish

a final rule implementing these

measures, most coastal states from

Maine to North Carolina implemented

these measures in 2000. Assuming

angler effort in 2001 is similar to that in

2000 and catch rates remain constant,

the second non-preferred alternative

would not affect any additional

recreational fishing trips for black sea

bass in 2001.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements

Dated: May 19, 2001.

William T. Hogarth,

Acting 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 § 648.14, paragraphs (a)(80) and

(u)(2) are revised to read as follows:

§ 648.14 Prohibitions.

(a) * * *

(80) Possess scup in or harvested from

the EEZ north of 35°15.3′ N. lat. in an

area closed, or before or after a season

established pursuant to § 648.122, or in

excess of the possession limit

established pursuant to § 648.125.

* * * * *

(u) * * *

(2) Possess black sea bass in other

than a box specified in § 648.145 (d) if

fishing with nets having mesh that does

not meet the minimum mesh-size

requirement specified in § 648.144 (a).

* * * * *

3. Section 648.102 is revised to read

as follows:

§ 648.102 Time restrictions.

Vessels that are not eligible for a

moratorium permit under § 648.4 (a)(3)

and fishermen subject to the possession

limit may fish for summer flounder only

from May 25 through September 4. This

time period may be adjusted pursuant to

the procedures in § 648.100.

4. In § 648.103, paragraph (b) is

revised to read as follows:

§ 648.103 Minimum fish sizes.

* * * * *

(b) The minimum size for summer

flounder is 15.5 inches (39.37 cm) TL

for all vessels that do not qualify for a

moratorium permit, and party boats

holding a moratorium permit if fishing

with passengers for hire or carrying

more than five crew members, or charter

boats holding a moratorium permit if

fishing with more than three crew

members.

* * * * *

5. In § 648.105, paragraph (a) is

revised to read as follows:

§ 648.105 Possession restrictions.

(a) No person shall possess more than

three summer flounder in, or harvested

from the EEZ unless that person is the

owner or operator of a fishing vessel

issued a summer flounder moratorium

permit, or is issued a summer flounder

dealer permit. Persons aboard a

commercial vessel that is not eligible for

a summer flounder moratorium permit

are subject to this possession limit. The

owner, operator, and crew of a charter

or party boat issued a summer flounder

moratorium permit are subject to the

possession limit when carrying

passengers for hire or when carrying

more than five crew members for a party

boat, or more than three crew members

for a charter boat. This possession limit

may be adjusted pursuant to the

procedures in § 648.100.

* * * * *

6. In § 648.122, revise the section

heading and add paragraph (g) to read

as follows:

§ 648.122 Time and area restrictions.

* * * * *

(g) Time restrictions. Vessels that are

not eligible for a moratorium permit

under § 648.4 (a)(6) and fishermen

subject to the possession limit may fish

for scup from August 15 through

October 31. This time period may be

adjusted pursuant to the procedures in

§ 648.120.

7. In § 648.124, paragraph (b) is

revised to read as follows:

§ 648.124 Minimum fish sizes.

* * * * *

(b) The minimum size for scup is 9

inches (22.9 cm) TL for all vessels that

do not have a moratorium permit, or for

party and charter vessels that are issued

a moratorium permit but are fishing

with passengers for hire, or carrying

more than three crew members if a

charter boat, or more than five crew

members if a party boat.

* * * * *

8. In § 648.125, paragraph (a) is

revised to read as follows:

§ 648.125 Possession limit.

(a) No person shall possess more than

50 scup in, or harvested from the EEZ

unless that person is the owner or

operator of a fishing vessel issued a

scup moratorium permit, or is issued a

scup dealer permit. Persons aboard a

commercial vessel that is not eligible for

a scup moratorium permit are subject to

this possession limit. The owner,

operator, and crew of a charter or party

boat issued a scup moratorium permit

are subject to the possession limit when

carrying passengers for hire or when

carrying more than five crew members

for a party boat, or more than three crew

members for a charter boat. This

Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Proposed Rules 28883

possession limit may be adjusted

pursuant to the procedures in § 648.120.

* * * * *

9. Section 648.142 is revised to read

as follows:

§ 648.142 Time restrictions.

Vessels that are not eligible for a

moratorium permit under § 648.4 (a)(7)

and fishermen subject to the possession

limit may not fish for black sea bass

from March 1 through May 9. This time

period may be adjusted pursuant to the

procedures in § 648.140.

10. In § 648.143, the first sentence of

paragraph (b) is revised to read as

follows:

§ 648.143 Minimum sizes.

* * * * *

(b) The minimum size for black sea

bass is 11 inches (27.94 cm) TL for all

vessels that do not qualify for a

moratorium permit, and party boats

holding a moratorium permit if fishing

with passengers for hire or carrying

more than five crew members, or charter

boats holding a moratorium permit if

fishing with more than three crew

members. * * *

* * * * *

11. In § 648.145, the introductory

paragraph is removed, existing

paragraphs (a), (b) and (c) are

redesignated as paragraphs (b),(c), and

(d), and a new paragraph (a) is added to

read as follows:

§ 648.145 Possession limit.

(a) No person shall possess more than

25 black sea bass in, or harvested from

the EEZ unless that person is the owner

or operator of a fishing vessel issued a

black sea bass moratorium permit, or is

issued a black sea bass dealer permit.

Persons aboard a commercial vessel that

is not eligible for a black sea bass

moratorium permit are subject to this

possession limit. The owner, operator,

and crew of a charter or party boat

issued a black sea bass moratorium

permit are subject to the possession

limit when carrying passengers for hire

or when carrying more than five crew

members for a party boat, or more than

three crew members for a charter boat.

This possession limit may be adjusted

pursuant to the procedures in § 648.140.

* * * * *

[FR Doc. 01–13288 Filed 5–24–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 010510121–1121–01; I.D.

012601B]

RIN 0648–AN23

Fisheries of the Exclusive Economic

Zone Off Alaska; Revisions to

Definition of Length Overall of a Vessel

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to clarify the

definition of length overall (LOA) of a

vessel. This would provide

unambiguous guidance to vessel owners

in determining a vessel’s LOA for

purposes of Federal fisheries

management programs and to facilitate

NMFS’ and the U.S. Coast Guard’s

(USCG) enforcement of LOA

requirements in the exclusive economic

zone (EEZ) off Alaska. The action is

intended to further the goals and

objectives of the Fishery Management

Plan (FMP) for Groundfish of the Gulf

of Alaska and the FMP for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area.

DATES: Comments must be received by

June 25, 2001.

ADDRESSES: Written comments should

be sent to Sue Salveson, Assistant

Administrator, Sustainable Fisheries

Division, NMFS, Alaska Region, P.O.

Box 21668, Juneau, AK 99802, Attn:

Lori Gravel, or delivered to the Federal

Building, Fourth Floor, 709 West 9th

Street, Juneau, AK, and marked Attn:

Lori Gravel. Comments also may be sent

via facsimile (fax) to 907–586–7465.

Comments submitted by e-mail or the

internet will not be accepted. Copies of

the Regulatory Impact Review/Initial

Regulatory Flexibility Analysis (RIR/

IRFA) are available from from the same

address or by calling the Alaska Region,

NMFS, at 907–586–7228.

FOR FURTHER INFORMATION CONTACT:

Patsy A. Bearden or Jim Hale, 907–586–

7228.

SUPPLEMENTARY INFORMATION: The

domestic groundfish fisheries in the

EEZ off Alaska are managed by NMFS

under the FMPs. The FMPs were

prepared by the North Pacific Fishery

Management Council (Council) under

the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). Regulations

governing the Alaska groundfish

fisheries appear at 50 CFR parts 600 and

679. This proposed action would clarify

the definition of vessel LOA, remove the

definitions of stem and stern, and add

a definition for bulwarks.

Presently, the definition of LOA

requires measurement from the

‘‘foremost part of the stem’’ to the

‘‘aftermost part of the stern.’’ As

illustrated by Figure 6 of 50 CFR part

679, this definition is intended to be an

end-to-end measurement of the vessel

and implicitly include the bulwarks of

a vessel. For purposes of commercial

fishing in the EEZ off Alaska, vessel

LOA was first defined by the final rule

implementing the observer program (55

FR 4839, February 12, 1990). Figure 6

was added to 50 CFR part 679 by a

subsequent interpretive rule and

technical amendment (57 FR 43621,

September 22, 1992) that intended to

clarify that definition. Although NMFS

does not explicitly mention the term

‘‘bulwarks’’ in that interpretive rule/

technical amendment, the preamble to

the rule provides a technical description

and interpretation of the term ‘‘stem’’ as

‘‘the foremost position of the vessel, a

section of timber or cast, forged, or

rolled metal to which the sides of a

vessel are united at the fore end’’ (57 FR

43622). The illustration amended to the

regulations as Figure 6 clearly depicts

the inclusion of bulwarks in LOA

measurement. NMFS intended the

interpretative language and the

illustration of Figure 6 to clarify the

definition of LOA to include bulwarks.

Moreover, NMFS enforcement policy

has always included in any LOA

measurement bulwarks that constitute

the foremost or aftermost part of a

vessel.

NMFS recognizes now that the

definition of LOA still requires

clarification. Despite the visual

representation of bulwarks as part of the

LOA in Figure 6, the language of the

former interpretative rule is overly

technical and the terms ‘‘stem’’ and

‘‘stern’’ remain open to

misinterpretation. This action would

remove ‘‘stem’’ and ‘‘stern’’ from the

definition of LOA, add the term

‘‘bulwarks,’’ and thus clarify the original

intent of the regulation that LOA

measurement be an end-to-end

measurement of a vessel.

Maritime regulations of other Federal

agencies such as the USCG often use

similar terminology to define LOA.

However, the terms ‘‘foremost part of

the stem’’ and ‘‘aftermost part of the

stern’’ may or may not implicitly

include bulwarks in the definition of

overall vessel LOA. Federal regulators