[Federal Register Volume 66, Number 102 (Friday, May 25, 2001)]
[Proposed Rules]
[Pages 28879-28883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13288]



[[Page 28879]]

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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.

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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, Mid-Atlantic 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 
<a href="/cdn-cgi/l/email-protection#5e3f3232372d313070383b2c2c3b372c3f1e30313f3f70393128"><span class="__cf_email__" data-cfemail="056469696c766a6b2b63607777606c7764456b6a64642b626a73">[email protected]</span></a>.

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

[[Page 28880]]

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).

[[Page 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 non-preferred 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 non-preferred 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

[[Page 28882]]

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 Sec. 648.14, paragraphs (a)(80) and (u)(2) are revised to 
read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (80) Possess scup in or harvested from the EEZ north of 
35 deg.15.3' N. lat. in an area closed, or before or after a season 
established pursuant to Sec. 648.122, or in excess of the possession 
limit established pursuant to Sec. 648.125.
* * * * *
    (u) * * *
    (2) Possess black sea bass in other than a box specified in 
Sec. 648.145 (d) if fishing with nets having mesh that does not meet 
the minimum mesh-size requirement specified in Sec. 648.144 (a).
* * * * *

    3. Section 648.102 is revised to read as follows:


Sec. 648.102  Time restrictions.

    Vessels that are not eligible for a moratorium permit under 
Sec. 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 Sec. 648.100.

    4. In Sec. 648.103, paragraph (b) is revised to read as follows:


Sec. 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 Sec. 648.105, paragraph (a) is revised to read as follows:


Sec. 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 Sec. 648.100.
* * * * *

    6. In Sec. 648.122, revise the section heading and add paragraph 
(g) to read as follows:


Sec. 648.122  Time and area restrictions.

* * * * *
    (g) Time restrictions. Vessels that are not eligible for a 
moratorium permit under Sec. 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 
Sec. 648.120.

    7. In Sec. 648.124, paragraph (b) is revised to read as follows:


Sec. 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 Sec. 648.125, paragraph (a) is revised to read as follows:


Sec. 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

[[Page 28883]]

possession limit may be adjusted pursuant to the procedures in 
Sec. 648.120.
* * * * *

    9. Section 648.142 is revised to read as follows:


Sec. 648.142  Time restrictions.

    Vessels that are not eligible for a moratorium permit under 
Sec. 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 Sec. 648.140.

    10. In Sec. 648.143, the first sentence of paragraph (b) is revised 
to read as follows:


Sec. 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 Sec. 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:


Sec. 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 Sec. 648.140.
* * * * *
[FR Doc. 01-13288 Filed 5-24-01; 8:45 am]
BILLING CODE 3510-22-S


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