69722 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

RIN 0648–AT27 

[Docket No. 051104293–5293–01; I.D. 

102705B–X] 

Fisheries of the Northeastern United 

States; Summer Flounder, Scup, and 

Black Sea Bass Fisheries; 2006 

Summer Flounder, Scup, and Black 

Sea Bass Specifications; 2006 

Research Set-Aside Projects 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes specifications 

for the 2006 summer flounder, scup, 

and black sea bass fisheries. The 

implementing regulations for the 

Summer Flounder, Scup, and Black Sea 

Bass Fishery Management Plan (FMP) 

require NMFS to publish specifications 

for the upcoming fishing year for each 

of the species and to provide an 

opportunity for public comment. This 

proposed rule also would make changes 

to the regulations regarding the 

commercial black sea bass fishery. The 

intent of this action is to establish 

harvest levels and other measures to 

attain the target fishing mortality rates 

(F) or exploitation rates specified for 

these species in the FMP, to reduce 

bycatch, and to improve the efficiency 

of the commercial black sea bass fishery. 

NMFS has conditionally approved four 

research projects for the harvest of the 

portion of the quota that has been 

recommended by the Mid-Atlantic 

Fishery Management Council (Council) 

to be set aside for research purposes. In 

anticipation of receiving applications 

for Experimental Fishing Permits (EFPs) 

to conduct this research, the Assistant 

Regional Administrator for Sustainable 

Fisheries, Northeast Region, NMFS 

(Assistant Regional Administrator), has 

made a preliminary determination that 

the activities authorized under the EFPs 

issued in response to the approved 

Research Set-Aside (RSA) projects 

would be consistent with the goals and 

objectives of the FMP. However, further 

review and consultation may be 

necessary before a final determination is 

made to issue any EFP. 

DATES: Comments must be received on 

or before December 2, 2005. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• E-mail: FSB2006@noaa.gov. Include 

in the subject line the following 

identifier: ‘‘Comments on 2006 Summer 

Flounder, Scup, and Black Sea Bass 

Specifications.’’

• Federal e-Rulemaking portal: 

http://www.regulations.gov. 

• Mail: Patricia A. Kurkul, Regional 

Administrator, NMFS, Northeast 

Regional Office, One Blackburn Drive, 

Gloucester, MA 01930. Mark the outside 

of the envelope: ‘‘Comments on 2006 

Summer Flounder, Scup, and Black Sea 

Bass Specifications.’’

• Fax: (978) 281–9135. 

Copies of the specifications 

document, including the Environmental 

Assessment, Regulatory Impact Review, 

and Initial Regulatory Flexibility 

Analysis (EA/RIR/IRFA) and other 

supporting documents for the 

specifications are available from Daniel 

Furlong, Executive Director, MidAtlantic Fishery Management Council, 

Room 2115, Federal Building, 300 South 

Street, Dover, DE 19901–6790. The 

specifications document is also 

accessible via the Internet at http:// 

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin, Fishery Policy 

Analyst, (978) 281–9279. 

SUPPLEMENTARY INFORMATION: 

Background 

The summer flounder, scup, and 

black sea bass fisheries are managed 

cooperatively 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 (NC) 

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°13.3′ N. lat. (the latitude of Cape 

Hatteras Lighthouse, Buxton, NC) 

northward to the U.S./Canada border. 

Implementing regulations for these 

fisheries are found at 50 CFR part 648, 

subpart A (General Provisions), subpart 

G (summer flounder), subpart H (scup), 

and subpart I (black sea bass). 

The regulations outline the process 

for specifying the annual catch limits for 

the summer flounder, scup, and black 

sea bass commercial and recreational 

fisheries, as well as other management 

measures (e.g., mesh requirements, 

minimum fish sizes, gear restrictions, 

possession restrictions, and area 

restrictions) for these fisheries. The 

measures are intended to achieve the 

annual targets set forth for each species 

in the FMP, specified either as an F or 

an exploitation rate (the proportion of 

fish available at the beginning of the 

year that are removed by fishing during 

the year). Once the catch limits are 

established, they are divided into quotas 

based on formulas contained in the 

FMP. 

As required by the FMP, a Monitoring 

Committee for each species, made up of 

members from NMFS, the Commission, 

and both the Mid-Atlantic and New 

England Fishery Management Councils, 

reviews the best available scientific 

information and recommends catch 

limits and other management measures 

that will achieve the target F or 

exploitation rate for each fishery. 

Consistent with the implementation of 

Framework Adjustment 5 to the FMP 

(69 FR 62818, October 28, 2004), each 

Monitoring Committee meets annually 

to recommend the Total Allowable 

Landings (TAL), unless the TAL has 

already been established for the 

upcoming calendar year as part of a 

multiple-year specification process, 

provided that new information does not 

require a modification to the multipleyear quotas. Further, the TALs may be 

specified in any given year for the 

following 1, 2, or 3 years. NMFS is not 

obligated to specify multi-year TALs, 

but is able to do so, depending on the 

information available and the status of 

the fisheries. 

The Council’s Demersal Species 

Committee and the Commission’s 

Summer Flounder, Scup, and Black Sea 

Bass Management Board (Board) 

consider the Monitoring Committees’

recommendations and any public 

comment and make their own 

recommendations. While the Board 

action is final, the Council’s 

recommendations must be reviewed by 

NMFS to assure that they comply with 

FMP objectives. The Council and Board 

made their recommendations, with the 

exception of Board recommendations 

for the summer flounder fishery, at a 

joint meeting held August 8–9, 2005. 

The Board delayed its action regarding 

a summer flounder TAL 

recommendation until its November 2, 

2005 meeting. The Council and Board 

passed a recommendation to suspend 

the procedural rules regarding 

specifications setting so that the Council 

could communicate its recommendation 

to NMFS and submit the specifications 

document. 

Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 69723 

Explanation of RSA 

In 2001, regulations were 

implemented under Framework 

Adjustment 1 to the FMP to allow up to 

3 percent of the TAL for each species to 

be set aside each year for scientific 

research purposes. For the 2006 fishing 

year, a Request for Proposals was 

published to solicit research proposals 

based upon the research priorities that 

were identified by the Council (70 FR 

20104, April 18, 2005). The deadline for 

submission of proposals was May 18, 

2005. Four applicants were notified in 

August 2005 that their research 

proposals had received favorable 

preliminary review. For informational 

purposes, this proposed rule includes a 

statement indicating the amount of 

quota that has been preliminarily set 

aside for research purposes, as 

recommended by the Council and 

Board, and a brief description of the 

RSA projects. The RSA amounts may be 

adjusted in the final rule establishing 

the annual specifications for the 

summer flounder, scup, and black sea 

bass fisheries or, if the total amount of 

the quota set-aside is not awarded, 

NMFS will publish a document in the 

Federal Register to restore the unused 

RSA amount to the applicable TAL. 

For 2006, four RSA projects have been 

conditionally approved by NMFS and 

are currently awaiting a notice of award. 

The total RSA quotas, approved by the 

Council and Board, allocated for all four 

projects are: 355,762 lb (161 mt) of 

summer flounder; 184,690 lb (84 mt) of 

scup; 178,956 lb (81 mt) of black sea 

bass; 281,089 lb (127 mt) of Loligo 

squid; and 363,677 lb (165 mt) of 

bluefish. 

The University of Rhode Island 

submitted a proposal to conduct a third 

year of work in a fishery-independent 

scup survey that would utilize unvented 

fish traps fished on hard bottom areas in 

southern New England waters to 

characterize the size composition of the 

scup population. Survey activities 

would be conducted from May 1 

through November 8, 2006, at 12 rocky 

bottom study sites located offshore, 

where there is a minimal scup pot 

fishery and no active trawl fishery. Up 

to two vessels would conduct the 

survey. Sampling would occur off the 

coasts of Rhode Island and southern 

Massachusetts. Up to three vessels 

would participate in harvesting the RSA 

during the period January 1 through 

December 31, 2006. The RSA allocated 

for this project is 2,000 lb (907 kg) of 

summer flounder; 40,940 lb (19 mt) of 

scup; and 29,000 lb (13 mt) of black sea 

bass. 

The National Fisheries Institute (NFI) 

and Rutgers University submitted a 

proposal to conduct a fourth year of 

work on a commercial vessel-based 

trawl survey program in the MidAtlantic region that would track the 

migratory behavior of selected 

recreationally and commercially 

important species. Information gathered 

during this project would supplement 

the NMFS finfish survey databases and 

improve methods to evaluate how 

seasonal migration of fish in the MidAtlantic influences stock abundance 

estimates. Up to two vessels would 

conduct survey work in the MidAtlantic during January, March, May, 

and November 2006, along up to eight 

offshore transects. The transects would 

include six fixed offshore transects, one 

each near Alvin, Hudson, Baltimore, 

Poor Man’s, Washington, and Norfolk 

Canyons, and two to three adaptive 

transects positioned within the MidAtlantic area selected during a precruise meeting with NFI, Rutgers 

University, and the Northeast Fisheries 

Science Center (Center). Up to 15, 1- 

nautical mile tows would be conducted 

along each transect at depths from 40 to 

250 fathoms (73 to 457 m). Up to 25 

vessels would participate in harvesting 

the RSA during the period January 1 

through December 31, 2006. The RSA 

allocated for the project is 223,140 lb 

(101 mt) of summer flounder; 123,750 lb 

(56 mt) of scup; 61,500 lb (28 mt) of 

black sea bass; 281,089 lb (127.5 mt) of 

Loligo squid; and 363,677 lb (165 mt) of 

bluefish. 

The Fisheries Conservation Trust 

submitted a proposal to evaluate size 

and possession limits in the summer 

flounder recreational fishery. The 

project involves modeling summer 

flounder recreational fishery data and 

conducting studies on angler behavior 

under different summer flounder 

possession limit scenarios. Field work 

would be conducted by up to four 

recreational fishing party vessels 

providing summer flounder fishing trips 

off of New York (southern Long Island) 

and/or New Jersey (Monmouth, Ocean, 

Atlantic, and Cape May Counties). Four 

different size/possession limit scenarios 

would be tested using three replicate 

sampling days per boat, equaling up to 

48 full-day vessel trips. At the end of 

each trip, each angler would fill out a 

questionnaire providing the number of 

flounder caught and discarded, and 

individual preferences on various size 

limits. Additionally, approximately 25 

commercial vessels would harvest the 

RSA amounts allocated to the project. 

The RSA allocated for the project is 

130,622 lb (59 mt) of summer flounder; 

20,000 lb (9 mt) of scup; and 50,000 lb 

(23 mt) of black sea bass. 

The Virginia Institute of Marine 

Science submitted a proposal for the 

evaluation of size selectivity and 

relative efficiency of black sea bass 

habitat pots equipped with large-mesh 

panels. The project would estimate the 

selectivity of an experimental design of 

a coated-wire black sea bass habitat pot 

to reduce the capture of sublegal black 

sea bass. The experimental pot would be 

composed of large-mesh panels on the 

top, bottom, and posterior end of the pot 

(opposite the bridle). Three different 

sizes of large-mesh panel would be 

tested: 2-inch (5.1-cm), 2.5-inch (6.4- 

cm), and 3-inch (7.6-cm). The project 

would utilize one licensed commercial 

black sea bass vessel to test the 

experimental trap design, and possibly 

a second vessel in the same size range 

to harvest some of the RSA. 

Approximately 12 experimental cruises 

would be conducted between May 1 and 

December 13, 2006. Sampling location 

would depend on black sea bass 

abundance between Ocean City, 

Maryland, and Currituck Light, NC. The 

specific location of trap sets would be 

at the captain’s discretion. In general, 

sites would be approximately 20–50 

miles (32–80 km) offshore in 90–130 ft 

(27–40 m) of water. Overall, the study 

would utilize 110 black sea bass habitat 

pots. The RSA allocated for the project 

is 38,456 lb (17 mt) of black sea bass. 

Regulations under the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) require publication of this 

notification to provide interested parties 

the opportunity to comment on 

applications for proposed EFPs. 

Explanation of Quota Adjustments Due 

to Quota Overages 

This rule proposes commercial quotas 

based on the proposed TALs and Total 

Allowable Catches (TACs) and the 

formulas for allocation contained in the 

FMP. In 2002, NMFS published final 

regulations to implement a regulatory 

amendment (67 FR 6877, February 14, 

2002) that revised the way in which the 

commercial quotas for summer 

flounder, scup, and black sea bass are 

adjusted if landings in any fishing year 

exceed the quota allocated (thus 

resulting in a quota overage). If NMFS 

approves a different TAL or TAC at the 

final rule stage, the commercial quotas 

will be recalculated based on the 

formulas in the FMP. Likewise, if new 

information indicates that overages have 

occurred and deductions are necessary, 

NMFS will publish notice of the 

adjusted quotas in the Federal Register. 

NMFS anticipates that the information 

69724 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 

necessary to determine whether overage 

deductions are necessary will be 

available by the time the final rule to 

implement these specifications is 

published. The commercial quotas 

contained in this proposed rule for 

summer flounder, scup, and black sea 

bass do not reflect any deductions for 

overages. The final rule, however, will 

contain quotas that have been adjusted 

consistent with the procedures 

described above and contained in the 

regulatory amendment. 

Summer Flounder 

Summer flounder was assessed in 

June 2005 at the 41st Northeast Regional 

Stock Assessment Workshop. The Stock 

Assessment Review Committee (SARC) 

indicated that the summer flounder 

stock is not overfished, but that 

overfishing is occurring relative the 

biological reference points established 

in Amendment 12 to the FMP, i.e., a 

maximum fishing mortality threshold of 

Fmsy = Fmax (the level of fishing that 

produces maximum yield per recuit), 

and a minimum biomass threshold of 1⁄2

Bmsy (one-half of the biomass necessary 

to produce the maximum sustainable 

yield), with MSY = 48.5 million lb 

(22,000 mt). When F > Fmax, overfishing 

is considered to be occurring, and when 

B < 1⁄2 Bmsy, the stock is considered 

overfished. 

The SARC panelists also accepted the 

recommendations of the Center’s 

Southern Demersal Species Working 

Group to update the biological reference 

points as follows: Fmsy = Fmax = 0.276; 

MSY = 42 million lb (19,051 mt); and 

Bmsy = 204 million lb (92,532 mt). The 

total stock biomass estimate for January 

2005 is 121 million lb (54,885 mt), about 

19 percent above the new minimum 

biomass threshold (1⁄2 Bmsy) of 102 

million lb (46,266 mt). The F estimated 

for 2004 is 0.40, substantially above the 

new maximum fishing mortality 

threshold. It has been recognized since 

1995 that the summer flounder stock 

assessment model tends to 

underestimate fishing mortality rates 

and overestimate stock biomass in the 

most recent years of the analysis 

(typically 5 years) until those estimates 

stabilize as new data are added to the 

analysis. Retrospective analysis 

conducted this year showed that the Fs 

for 2002 and 2003 are approximately 50 

percent greater than previously 

estimated. This pattern is likely the 

result of an underestimation of the true 

catch, due to discards and/or 

unreported landings. This persistent 

retrospective pattern suggests that, 

although the summer flounder stock 

continues to increase, it is increasing at 

a lower rate and is currently at a smaller 

size than previously forecast. Additional 

rebuilding of the stock is necessary 

because the Magnuson-Stevens Act 

requires that stocks be rebuilt to the 

level that produces MSY on a 

continuing basis. 

The information provided by the 

Summer Flounder Demersal Species 

Working Group and the SARC requires 

NMFS to reduce the 33 million lb 

(14,969 mt) TAL previously specified 

for 2006 to a level commensurate with 

the objectives of the FMP. In addition, 

a 2000 Federal Court Order requires that 

the TAL have at least a 50-percent 

probability of achieving the F target. 

Based on the latest stock assessment, a 

TAL of 23.59 million lb (10,700 mt) has 

a 50-percent probability of achieving an 

F of 0.276 in 2006, if the TAL and 

assumed discard level in 2005 are not 

exceeded. 

The Council considered two very 

different TAL-setting strategies intended 

to continue to rebuild the summer 

flounder resource. Using the status quo 

constant-F strategy, the TALs associated 

with at least a 50-percent probability of 

meeting the target F would be 23.59 

million lb (10,700 mt), 27.5 million lb 

(12,474 mt), and 30.9 million lb (14,016 

mt) in 2006, 2007, and 2008, 

respectively. However, an assessment 

update in 2006 likely would provide 

new information that might necessitate 

modification to a multi-year quota, as it 

did in 2005, in order to meet the 

biomass target of 204 million lb (92,532 

mt). The Council also considered a 

constant-harvest strategy, in which the 

same TAL would be maintained from 

2006 through the end of the rebuilding 

period to achieve the target biomass. 

The Center’s analysis determined this 

TAL to be 26 million lb (11,793 mt), but 

indicated that the TAL would result in 

only a 25-to 30-percent probability of 

meeting an F of 0.276 in 2006, 

increasing to a 60-percent probability in 

2007, and a 90-percent probability in 

2008. The Summer Flounder Monitoring 

Committee’s recommendation was to set 

a summer flounder constant-harvest 

TAL of 26 million lb for 2006, 2007, and 

2008. 

At the August 2005 meeting, the 

Council and Board discussed the 

Monitoring Committee’s 

recommendation at length, focusing on 

the likely explanations for the increased 

fishing mortality in recent years, the 

probability of achieving the F target over 

a 3-year time period (rather than 

annually) via a constant-harvest 

strategy, and the desire to mitigate a 

substantial reduction in TAL for 2006. 

In the end, the Council adopted a 

constant-harvest TAL of 26 million lb 

for 2006, 2007, and 2008. This TAL 

would represent a 14-percent decrease 

for 2006 from the 2005 TAL of 30.3 

million lb (13,744 mt), and a 21-percent 

decrease from the previous specification 

of 33.0 million lb (14,969 mt) for 2006. 

After careful review, NMFS has 

decided that the Council’s summer 

flounder TAL recommendation (i.e., the 

Council’s Preferred Alternative 1) fails 

to meet the minimum standard 

necessary because the analysis indicates 

that, for 2006, the TAL would result in 

only a 25-to 30-percent probability of 

meeting the F target of 0.276. As 

indicated above, the setting of an annual 

TAL with less than a 50-percent 

probability of achieving the F target, i.e., 

a 2006 TAL greater than 23.59 million 

lb (10,700 mt), would be contrary to the 

objectives of the FMP and a Federal 

Court Order. The Council submission 

also analyzed the following two TAL 

alternatives: A TAL of 23.59 million lb 

(10,700 mt) for 2006 (Alternative 2); and 

a status quo TAL of 30.3 million lb 

(13,744 mt) for 2006 (Alternative 3). Of 

these two alternatives, only Alternative 

2 meets the objectives of the FMP and 

the legal constraints of the Federal Court 

Order. For these reasons, NMFS 

proposes to implement a TAL of 23.59 

million lb (10,700 mt) for 2006. This 

TAL would represent a 22-percent 

decrease for 2006 from the 2005 TAL of 

30.3 million lb (13,744 mt), and a 28.5- 

percent decrease from the previous 

specification of 33 million lb (14,969 

mt) for 2006. The initial TAL would be 

allocated 60 percent (14,154,000 lb 

(6,420 mt)) to the commercial sector and 

40 percent (9,436,000 lb (4,280 mt)) to 

the recreational sector, as specified in 

the FMP. For 2006, the Council and 

Board agreed to set aside 355,762 lb 

(161 mt) of the summer flounder TAL 

for research activities. After deducting 

the RSA from the TAL proportionally 

for the commercial and recreational 

sectors, i.e., 60 percent and 40 percent, 

respectively, the commercial quota 

would be 13,940,543 lb (6,303 mt) and 

the recreational harvest limit would be 

9,293,695 lb (4,216 mt). The commercial 

quota then would be allocated to the 

coastal states based upon percentage 

shares specified in the FMP. 

In addition, the Commission is 

expected to maintain the voluntary 

measures currently in place to reduce 

regulatory discards that occur as a result 

of landing limits established by the 

states. The Commission established a 

system whereby 15 percent of each 

state’s quota would be voluntarily set 

aside each year to enable vessels to land 

an incidental catch allowance after the 

directed fishery has been closed. The 

intent of the incidental catch set-aside is 

to reduce discards by allowing 

Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 69725 

fishermen to land summer flounder 

caught incidentally in other fisheries 

during the year, while also ensuring that 

the state’s overall quota is not exceeded. 

These Commission set-asides are not 

included in any tables in this document 

because NMFS does not have authority 

to establish such subcategories. 

Table 1 presents the proposed 

allocations by state, with and without 

the commercial portion of the RSA 

deduction. These state quota allocations 

are preliminary and are subject to a 

reduction if there are overages of a 

state’s quota for the previous fishing 

year (using the landings information 

and procedures described earlier). Any 

commercial quota adjustments to 

account for overages will be included in 

the final rule implementing these 

specifications that is published in the 

Federal Register. 

TABLE 1.—2006 PROPOSED INITIAL SUMMER FLOUNDER STATE COMMERCIAL QUOTAS

State Percent share 

Commercial quota Commercial quota less RSA 

lb kg1 lb kg1

ME ........................................................................................ 0.04756 6,732 3,053 6,630 3,007 

NH ........................................................................................ 0.00046 65 30 64 29 

MA ........................................................................................ 6.82046 965,368 437,891 950,809 431,287 

RI .......................................................................................... 15.68298 2,219,769 1,006,887 2,186,293 991,702 

CT ........................................................................................ 2.25708 319,467 144,910 314,649 142,725 

NY ........................................................................................ 7.64699 1,082,355 490,956 1,066,032 483,552 

NJ ......................................................................................... 16.72499 2,367,255 1,073,787 2,331,554 1,057,593 

DE ........................................................................................ 0.01779 2,518 1,142 2,480 1,125 

MD ........................................................................................ 2.03910 288,614 130,915 284,262 128,941 

VA ........................................................................................ 21.31676 3,017,174 1,368,590 2,971,672 1,347,950 

NC ........................................................................................ 27.44584 3,884,684 1,762,093 3,826,099 1,735,519 

Total .............................................................................. 100.00001 14,154,000 6,420,254 13,940,543 6,323,430 

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

Scup 

Scup was last formally assessed in 

June 2002 at the 35th Northeast 

Regional Stock Assessment Workshop 

(SAW). At that time, the Stock 

Assessment Review Committee (SARC 

35) indicated that the species was no 

longer overfished, but that stock status 

with respect to overfishing currently 

could not be evaluated. However, more 

recent information indicates that the 

scup spawning stock biomass (SSB) has 

decreased. The 2004 biomass index, i.e., 

the Center’s spring survey 3-year 

average (2003 through 2005), for scup 

SSB was 0.69 kg/tow, about 75 percent 

below the biomass threshold of 2.77 kg/ 

tow. Therefore, the stock is now 

considered overfished. 

The proposed scup specifications for 

2006 are based on an exploitation rate 

(21 percent) in the rebuilding schedule 

that was approved when scup was 

added to the FMP in 1996, prior to 

passage of the Sustainable Fisheries Act 

(SFA). Subsequently, to comply with 

the SFA amendments to the MagnusonStevens Act, the Council prepared 

Amendment 12 to the FMP, which 

proposed to maintain the existing 

rebuilding schedule for scup established 

by Amendment 8 to the FMP. On April 

28, 1999, NMFS disapproved the 

proposed rebuilding plan for scup 

because the rebuilding schedule did not 

appear to be sufficiently risk-averse. 

Later, however, NMFS advised the 

Council that use of the exploitation rate 

as a proxy for F would be acceptable 

and risk-averse. Therefore, the proposed 

scup specifications for 2006 are based 

on an exploitation rate of 21 percent. 

NMFS considers the risks associated 

with the disapproved rebuilding plan as 

not applicable to the proposed 

specifications because they apply only 

for 1 fishing year and will be reviewed, 

and modified as appropriate, by the 

Council and NMFS annually. 

Furthermore, setting the scup 

specifications using an exploitation rate 

of 21 percent is a more risk-averse 

approach to managing the resource than 

not setting any specifications until the 

Council submits, and NMFS approves, a 

revised rebuilding plan that complies 

with all Magnuson-Stevens Act 

requirements. The Council plans to 

address this deficiency through an 

Amendment to the FMP to be prepared 

in 2006. 

Given the uncertainty associated with 

the spring survey, the Council and 

Board agreed with the Scup Monitoring 

Committee recommendation to set a 

TAC and TAL for 1 year only. A 

recommendation on the TAC for 2006 is 

complicated by the lack of information 

on discards and mortality estimates for 

fully recruited fish. The Scup 

Monitoring Committee agreed that, 

based on an assumption that the spring 

survey value in 2006 would be the same 

as for 2004, a TAL of 16.27 million lb 

(7,380 mt) would achieve the target 

exploitation rate for 2006. Estimated 

discards (3.52 million lb (1,597 mt)) 

were added to the TAL to derive a TAC 

of 19.79 million lb (8,977 mt). The 

Council and Board adopted the 

Monitoring Committee’s TAC and TAL 

recommendations. NMFS is proposing 

to implement this TAC and TAL 

because it is considered likely to 

achieve the 21-percent exploitation rate 

required by the FMP. 

The FMP specifies that the TAC 

associated with a given exploitation rate 

be allocated 78 percent to the 

commercial sector and 22 percent to the 

recreational sector. Scup discard 

estimates are deducted from both 

sectors’ TACs to establish TALs for each 

sector, i.e., TAC minus discards equals 

TAL. The commercial TAC, discards, 

and TAL (commercial quota) are then 

allocated on a percentage basis to three 

quota periods, as specified in the FMP: 

Winter I (January–April)—45.11 

percent; Summer (May–October)—38.95 

percent; and Winter II (November–

December)—15.94 percent. The 

commercial TAC would be 15,436,200 

lb (7,002 mt) and the recreational TAC 

would be 4,353,800 lb (1,975 mt). After 

deducting estimated discards (3.36 

million lb (1,524 mt) for the commercial 

sector and 160,000 lb (73 mt) for the 

recreational sector), the initial 

commercial quota would be 12,076,200 

lb (5,478 mt) and the recreational 

harvest limit would be 4,193,800 

million lb (1,902 mt). The Council and 

Board also agreed to set aside 184,690 

lb (84 mt) of the scup TAL for research 

activities. Deducting this RSA would 

result in a commercial quota of 

69726 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 

11,932,142 lb (5,412 mt) and a 

recreational harvest limit of 4,153,168 lb 

(1,884 mt). 

The Council and the Board 

recommended an increase in the base 

commercial scup possession limit 

during the Winter II period (November–

December) from 1,500 lb (680 kg) to 

2,000 lb (907 kg). NMFS is proposing to 

implement this recommendation 

because it would increase opportunities 

to reach the Scup Winter II quota while 

reducing scup discards. NMFS also is 

proposing the Council and Board’s 

recommendation to maintain the current 

initial possession limit of 30,000 lb 

(13.6 mt) for Winter I. The Winter I 

possession limit would be reduced to 

1,000 lb (454 kg) when 80 percent of the 

quota is projected to be reached. 

Table 2 presents the 2006 commercial 

allocation recommended by the Council, 

with and without the 184,690-lb (84-mt) 

RSA deduction. These 2006 allocations 

are preliminary and may be subject to 

downward adjustment in the final rule 

implementing these specifications due 

to 2005 overages, based on the 

procedures for calculating overages 

described earlier. 

TABLE 2.—2005 PROPOSED INITIAL TAC, COMMERCIAL SCUP QUOTA, AND POSSESSION LIMITS

Period Percent TAC in lb 

(mt) 

Discards in lb 

(mt) 

Commercial 

quota in lb 

(mt) 

Commercial 

quota less 

RSA in lb 

(mt) 

Possession 

limits in lb 

(kg) 

Winter I ..................................................... 45.11 6,963,270 

(3,159) 

1,515,696 

(688) 

5,447,574 

(2,471) 

5,382,589 

(2,442) 

130,0001 

(13,608) 

Summer .................................................... 38.95 6,012,400 

(2,727) 

1,308,720 

(594) 

4,703,680 

(2,134) 

4,647,569 

(2,108) 

(3) 

Winter II .................................................... 15.94 2,460,530 

(1,116) 

535,584 

(243) 

1,924,946 

(873) 

1,901,983 

(863) 

2,000 

(907) 

Total 2 ................................................ 100.00 15,436,200 

(7,002) 

3,360,000 

(1,524) 

12,076,200 

(5,478) 

11,932,142 

(5,412) 

........................

1The Winter I landing limit would drop to 1,000 lb (454 kg) upon attainment of 80 percent of the seasonal allocation. 

2Totals subject to rounding error. 

3 n/a—Not applicable. 

The final rule to implement 

Framework 3 to the FMP (68 FR 62250, 

November 3, 2003) implemented a 

process, for years in which the full 

Winter I commercial scup quota is not 

harvested, to allow unused quota from 

the Winter I period to be rolled over to 

the quota for the Winter II period. In any 

year that NMFS determines that the 

landings of scup during Winter I are less 

than the Winter I quota for that year, 

NMFS will, through notification in the 

Federal Register, increase the Winter II 

quota for that year by the amount of the 

Winter I underharvest, and adjust the 

Winter II possession limits consistent 

with the amount of the quota increase. 

In 2004 and 2005, NMFS transferred 

substantial amounts of unused Winter I 

quota to the Winter II period. The 

Council and the Board recommended an 

increase in the Winter II possession 

limit-to-rollover amount ratios, i.e., an 

increase from 500 lb (227 kg) to 1,500 

lb (680 kg) per 500,000 lb (227 mt) of 

unused Winter I period quota 

transferred to the Winter II period. 

NMFS is proposing to implement this 

recommendation, as presented in Table 

3, because it would increase the 

likelihood of achieving the Scup Winter 

II quota. 

TABLE 3.—POTENTIAL INCREASE IN WINTER II POSSESSION LIMITS BASED ON THE AMOUNT OF SCUP ROLLED OVER

FROM WINTER I TO WINTER II PERIOD

Initial Winter II possession limit Rollover from Winter I to Winter II 

Increase in initial Winter II 

possession limit 

Final Winter II possession limit 

after rollover from Winter I to 

Winter II 

lb kg lb mt lb kg lb kg 

2,000 ............ 907 0–499,999 0–227 0 0 2,000 907 

2,000 ............ 907 500,000–999,999 227–454 1,500 680 3,500 1,588 

2,000 ............ 907 1,000,000–1,499,999 454–680 3,000 1,361 5,000 2,268 

2,000 ............ 907 1,500,000–1,999,999 680–907 4,500 2,041 6,500 2,948 

2,000 ............ 907 2,000,000–2,500,000 907–1,134 6,000 2,722 8,000 3,629 

Black Sea Bass 

Black sea bass was last assessed in 

June 2004 at the 39th Northeast 

Regional SAW. The Stock Assessment 

Review Committee (SARC 39) indicated 

that black sea bass were no longer 

overfished and overfishing was not 

occurring. The biomass threshold, 

defined as the maximum value of a 3- 

year moving average of the Center’s 

spring survey catch-per-tow, is 0.9 kg/ 

tow (the 1977–1979 average). The 2004 

biomass index (the 3-year average for 

2003–2005) is 1.3 kg/tow, about 44 

percent above the threshold. Based on 

this value, the stock is not overfished. 

The target exploitation rate for 2006 is 

25 percent, which is based on the 

current estimate of Fmax (0.32). The 2006 

TAL recommendation is contingent 

upon assumptions regarding the black 

sea bass stock size in 2006 and past 

exploitation rates (specifically, 21 

percent in 2003). If the Center’s 2006 

spring survey biomass index 

approximates the average value for 

2003–2005 (0.396 kg/tow), then the TAL 

associated with a 25-percent 

exploitation rate would be 6.36 million 

lb (2,885 mt). Alternatively, if the 2006 

spring survey approximates the average 

value for 2002–2004 (0.538 kg/tow), 

then the TAL associated with a 25- 

percent exploitation rate would be 8.63 

Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 69727 

million lb (3,915 mt). Given the 

uncertainty in the spring survey 

estimates for the 2003–2005 period, the 

Black Sea Bass Monitoring Committee 

recommended a 1-year TAL set at the 

midpoint between these two TALs, i.e., 

7.5 million lb (3,402 mt). The Council 

and Board rejected the Monitoring 

Committee recommendation, and 

instead recommended an 8-million-lb 

(3,629-mt) TAL for 2006. This TAL lies 

within the range the Monitoring 

Committee considered, would be a 2.4- 

percent decrease from 2005, and equals 

the TAL established for 2004. NMFS is 

proposing to implement the Council’s 

and Board’s TAL recommendation 

because it is considered likely to 

achieve the 25-percent exploitation rate 

that is required by the FMP. 

The FMP specifies that the TAL 

associated with a given exploitation rate 

be allocated 49 percent to the 

commercial sector and 51 percent to the 

recreational sector; therefore, the initial 

TAL would be allocated 3.92 million lb 

(1,778 mt) to the commercial sector and 

4.08 million lb (1,851 mt) to the 

recreational sector. The Council and 

Board also agreed to set aside 178,956 

lb (81 mt) of the black sea bass TAL for 

research activities. After deducting the 

RSA, the TAL would be divided into a 

commercial quota commercial quota of 

3,832,312 lb (1,738 mt) and a 

recreational harvest limit of 3,988,732 lb 

(1,809 mt). 

Other Black Sea Bass Management 

Measures 

Under the current regulations at 

§ 648.144(b)(2), all black sea bass traps 

or pots must have an escape vent placed 

in the lower corner of the parlor portion 

of the pot or trap that complies with one 

of the following minimum sizes: 1.375 

inches (3.49 cm) by 5.75 inches (14.61 

cm); a circular vent 2.375 inches (6.03 

cm) in diameter; or a square vent with 

sides of 2 inches (5.08 cm), inside 

measure. Black sea bass traps 

constructed of wooden lathes may have 

instead an escape vent constructed by 

leaving a space of at least 1.375 inches 

(3.49 cm) between one set of lathes in 

the parlor portion of the trap. These 

requirements have been in effect since 

February 2002 (66 FR 66348, December 

26, 2001). In July 2005, the Commission 

held an industry workshop to discuss 

the results of recent scup and black sea 

bass vent studies and to develop 

recommendations on pot and trap 

configurations. Pursuant to 

§ 648.140(b)(6), the Black Sea Bass 

Monitoring Committee recommended 

that two vents be required in the parlor 

portion of the pot or trap and that the 

minimum circle vent size be increased 

to 2.5 inches (6.35 cm) in diameter, as 

recommended at the industry workshop. 

NMFS is proposing to implement the 

Council’s and Board’s vent number and 

size recommendations because they 

would allow for greater escapement of 

sublegal fish and other non-target 

species black sea bass pots and traps. To 

allow fishery participants time to 

comply with the proposed changes to 

the black sea bass pot and trap gear 

restrictions, the effective date of this 

change in regulations would be delayed 

until January 1, 2007. 

In addition, the Council and the 

Board encouraged individual states, 

though the Commission, to clarify that 

the black sea bass total length 

measurement does not include the 

caudal fin tendril. In order to prevent 

confusion among fishery participants, 

fish samplers, and enforcement 

personnel, and to provide consistency 

with the South Atlantic fisheries 

regulations, which are explicit on this 

issue, NMFS is proposing to amend the 

total length definition to explicitly 

exclude any caudal filament in the 

measurement of black sea bass. 

Classification 

NMFS has determined that the 

proposed rule is consistent with the 

Summer Flounder, Scup, and Black Sea 

Bass FMP, and has preliminarily 

determined that the rule is consistent 

with the Magnuson-Stevens Act and 

other applicable laws. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An IRFA was prepared that describes 

the economic impact this proposed rule, 

if adopted, would have on small 

entities. 

A description of the action, why it is 

being considered, and the legal basis for 

this action are contained in the 

preamble to this proposed rule. This 

proposed rule does not duplicate, 

overlap, or conflict with other Federal 

rules. A copy of the complete IRFA can 

be obtained from the Council (see 

ADDRESSES). A summary of the 

economic analysis follows. 

The economic analysis assessed the 

impacts of the various management 

alternatives. The no action alternative is 

defined as follows: (1) No proposed 

specifications for the 2006 summer 

flounder, scup, and black sea bass 

fisheries would be published; (2) the 

indefinite management measures 

(minimum mesh sizes, minimum sizes, 

possession limits, permit and reporting 

requirements, etc.) would remain 

unchanged; (3) there would be no quota 

set-aside allocated to research in 2006; 

(4) the existing black sea bass pot and 

trap gear restrictions would remain in 

place; and (5) there would be no specific 

cap on the allowable annual landings in 

these fisheries (i.e., there would be no 

quotas). Implementation of the no action 

alternative would be inconsistent with 

the goals and objectives of the FMP, its 

implementing regulations, and the 

Magnuson-Stevens Act. In addition, the 

no action alternative would 

substantially complicate the approved 

management program for these fisheries, 

and would very likely result in 

overfishing of the resources. Therefore, 

the no action alternative is not 

considered to be a reasonable alternative 

to the preferred action. 

Alternative 1 consists of the harvest 

limits proposed by the Council for 

summer flounder, and the Council and 

Board for scup and black sea bass. 

Alternative 2 consists of the most 

restrictive quotas (i.e., lowest landings) 

considered by the Council and the 

Board for all of the species. Alternative 

3 consists of the status quo quotas, 

which were the least restrictive quotas 

(i.e., highest landings) considered by the 

Council and Board for all three species. 

Although Alternative 3 would result in 

higher landings for 2006, it would also 

likely exceed the biological targets 

specified in the FMP. For clarity, note 

that this proposed rule would 

implement quotas contained in 

Alternative 1 for scup and black sea bass 

(the Council and Board’s preferred 

alternatives for these fisheries) and in 

Alternative 2 for summer flounder. 

Table 4 presents the 2006 initial 

TALs, RSA, commercial quotas adjusted 

for RSA, and preliminary recreational 

harvests for the fisheries under these 

three quota alternatives. 

69728 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 

TABLE 4.—COMPARISON, IN LB (MT), OF THE ALTERNATIVES OF QUOTA COMBINATIONS REVIEWED

Initial TAL RSA 

Preliminary adjusted 

commercial 

quota * 

Preliminary recreational harvest; 

Quota Alternative 1 (Preferred) 

Summer Flounder ................................................................................... 26.0 million .......

(11,793) ............

355,762 

(161) 

15.39 million .....

(6,979) ..............

10.26 million. 

(4,653) 

Scup ........................................................................................................ 16.27 million .....

(7,380) ..............

184,690 

(84) 

11.93 million .....

(5,412) ..............

4.15 million. 

(1,884) 

Black Sea Bass ....................................................................................... 8.0 million .........

(3,629) ..............

178,956 

(81) 

3.83 million .......

(1,738) ..............

3.99 million. 

(1,809) 

Quota Alternative 2 (Most Restrictive) 

Summer Founder .................................................................................... 23.59 million .....

(10,700) ............

355,762 

(161) 

13.94 million .....

(6,326) ..............

9.29 million. 

(4,217) 

Scup ........................................................................................................ 10.77 million .....

(4,885) ..............

184,690 

(84) 

7.65 million .......

(3,468) ..............

2.94 million. 

(1,333) 

Black Sea Bass ....................................................................................... 7.5 million .........

(3,402) ..............

178,956 

(81) 

3.59 million .......

(1,627) ..............

3.73 million. 

(1,694) 

Quota Alternative 3 (Status Quo-Least Restrictive) 

Summer Flounder ................................................................................... 30.3 million .......

(13,744) ............

355,762 

(161) 

17.97 million .....

(8,149) ..............

11.98 million. 

(5,433) 

Scup ........................................................................................................ 16.6 million .......

(7,484) ..............

184,690 

(84) 

12.12 million .....

(5,496) ..............

4.2 million. 

(1,905) 

Black Sea Bass ....................................................................................... 8.2 million .........

(3,719) ..............

178,956 

(81) 

3.93 million .......

(1,782) ..............

4.09 million. 

(1,856) 

* Note that preliminary quotas are provisional and may change to account for overages of the 2005 quotas. 

Table 5 presents the percent change 

associated with each of these 

commercial quota alternatives (adjusted 

for RSA) compared to the final adjusted 

quotas for 2005. 

TABLE 5.—PERCENT CHANGE ASSOCIATED WITH 2006 ADJUSTED COMMERCIAL QUOTA ALTERNATIVES COMPARED TO

2005 COMMERICAL ADJUSTED QUOTAS

Total changes including overages and RSA 

Quota 

Alternative 1 

(preferred) 

Quota 

Alternative 2 

(most restrictive) 

Quota 

Alternative 3 * 

(least restrictive) 

Black Sea Bass 

Aggregate Change ........................................................................................................... ¥14% ¥22% + less than 1% 

Scup 

Aggregate Change ........................................................................................................... ¥2% ¥37% ¥ less than 1% 

Summer Flounder 

Aggregate Change ........................................................................................................... ¥3% ¥9% ¥1% 

* Denotes status quo management measures. 

All vessels that would be impacted by 

this proposed rulemaking are 

considered to be small entities; 

therefore, there would be no 

disproportionate impacts between large 

and small entities. The categories of 

small entities likely to be affected by 

this action include commercial and 

charter/party vessel owners holding an 

active Federal permit for summer 

flounder, scup, or black sea bass, as well 

as owners of vessels that fish for any of 

these species in state waters. The 

Council estimates that the proposed 

2006 quotas could affect 2,162 vessels 

that held a Federal summer flounder, 

scup, and/or black sea bass permit in 

2004. However, the more immediate 

impact of this rule will likely be felt by 

the 906 vessels that actively participated 

(i.e., landed these species) in these 

fisheries in 2004. 

The Council estimated the total 

revenues derived from all species 

landed by each vessel during calendar 

year 2004 to determine a vessel’s 

dependence and revenue derived from a 

particular species. This estimate 

provided the base from which to 

compare the effects of the proposed 

quota changes from 2005 to 2006. 

The analysis of the harvest limits in 

Alternative 1 indicated that these 

Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 69729 

harvest levels would result in revenue 

losses of less than 5 percent for 208 

vessels and greater than 5 percent for 

698 vessels. More specifically, vessels 

are projected to incur revenue 

reductions as follows: 5–9 percent, 108 

vessels; 10–19 percent, 573 vessels; 20–

29 percent, 13 vessels; 30–39 percent, 0 

vessels; 40–49 percent, 3 vessels; and 

greater or equal to 50 percent, 2 vessels. 

Most commercial vessels showing 

revenue reduction of greater than 5 

percent are concentrated in MA, RI, NY, 

NJ, and NC. The Council also examined 

the level of ex-vessel revenues for the 

impacted vessel to assess further 

impacts. While the analysis presented 

above indicates that in relative terms a 

large number of vessels (698) are likely 

to be impacted with revenue reductions 

of more than 5 percent, dealer data 

show that a large proportion of those 

vessels (207, or 30 percent) had small 

gross sales (less than $1,000), thus 

indicating that the dependence on 

fishing is likely very small. 

The Council also analyzed changes in 

total gross revenue that would occur as 

a result of the quota alternatives. 

Assuming 2004 ex-vessel prices 

(summer flounder—$1.59/lb; scup—

$0.60/lb; and black sea bass—$1.54/lb), 

the 2006 quotas in the proposed rule 

would decrease total summer flounder, 

scup, and black sea bass revenues by 

approximately $3.98 million, $170,000, 

and $220,000 respectively, relative to 

expected 2005 revenues. 

Assuming that the decrease in total 

ex-vessel gross revenue associated with 

the proposed rule for each fishery is 

distributed equally among the vessels 

that landed those species in 2004, the 

average decrease in gross revenue per 

vessel associated with the preferred 

quota would be $5,203 for summer 

flounder, $394 for scup, and $387 for 

black sea bass. The number of vessels 

landing summer flounder, scup, and 

black sea bass in 2004 was 765, 432, and 

569, respectively. 

The overall reduction in ex-vessel 

gross revenue associated with the three 

species combined in 2006 compared to 

2005 is approximately $4.37 million 

(assuming 2004 ex-vessel prices) under 

the proposed rule. If this amount is 

distributed equally among the 906 

vessels that landed summer flounder, 

scup, and/or black sea bass in 2004, the 

average decrease in revenue would be 

approximately $4,823 per vessel. It is 

possible that, given the potential 

decrease in landings of summer 

flounder, scup, and black sea bass, 

prices for these species may increase, if 

all other factors remain constant. If this 

occurs, an increase in the price for 

summer flounder, scup, and black sea 

bass may mitigate some of the revenue 

reductions associated with lower 

quantities of quota available under this 

proposed rule. 

Complete revenue analysis for 2007 

and 2008 cannot be completed at this 

time because the Council is 

recommending the 2007 and 2008 TALs 

for summer flounder only. Assuming 

that the condition of the scup and black 

sea bass fisheries do not significantly 

change in 2007 and 2008 as compared 

to 2006, then the impacts of the summer 

flounder quotas in 2007 and 2008 will 

be similar to those described above. If 

ex-vessel prices for these species change 

as a consequence of changes in 

landings, then the associated revenue 

changes could be different than those 

estimated above. Complete revenue 

analysis for the 2007 and 2008 fishing 

years will be conducted as part of the 

proposed rules for the 2007 and 2008 

summer flounder, scup, and black sea 

bass specifications, respectively, once 

the Council recommends TALs for scup 

and black sea bass. 

The analysis of the harvest limits of 

Alternative 2 (i.e., the most restrictive 

harvest limits) indicated that all 906 

vessels would incur revenue losses 

equal to or greater than 5 percent. More 

specifically, vessels are projected to 

incur revenue reductions as follows: 5–

9 percent, 114 vessels; 10–19 percent, 

142 vessels; 20–29 percent, 597 vessels; 

30–39 percent, 48 vessels; 40–49 

percent, 3 vessels; and greater or equal 

to 50 percent, 2 vessels. As in the 

analysis for Alternative 1, it is likely 

that a large proportion of the impacted 

vessels are likely to have small gross 

sales (less than $1,000), thus indicating 

that the dependence on fishing is likely 

very small. 

Assuming 2004 ex-vessel prices (see 

above), the 2006 quotas in Alternative 2 

would decrease total summer flounder, 

scup, and black sea bass revenues by 

approximately $6.28 million, $2.75 

million, and $310,000 respectively, 

relative to expected 2005 revenues. 

Assuming that the decrease in total exvessel gross revenue associated with 

Alternative 2 is distributed equally 

among the vessels that landed those 

species in 2004, the average decrease in 

gross revenue per vessel associated with 

Alternative 2 would be $8,209 for 

summer flounder, $6,366 for scup, and 

$545 for black sea bass. 

The overall reduction in gross 

revenue associated with the three 

species combined in 2006 compared to 

2005 is approximately $9.34 million 

(assuming 2004 ex-vessel prices) under 

Alternative 2. If this amount is 

distributed evenly among the 906 

vessels that landed summer flounder, 

scup, and/or black sea bass in 2004, the 

average decrease in revenue would be 

approximately $10,309 per vessel. 

The analysis of the harvest limits in 

Alternative 3 (i.e., the least restrictive 

harvest limits) indicated that these 

harvest levels would result in revenue 

increases for 372 vessels, losses of less 

than 5 percent for 504 vessels and losses 

of greater than 5 percent for 30 vessels. 

As in the analysis for Alternative 1, it 

is likely that a large proportion of the 

impacted vessels are likely to have 

small gross sales (less than $1,000), thus 

indicating that the dependence on 

fishing is likely very small. 

Assuming 2004 ex-vessel prices (see 

above), the 2006 quotas in Alternative 3 

would increase total summer flounder 

revenues by $110,000, and decrease 

total scup and black sea bass revenues 

by $70,000 and $60,000, respectively, 

relative to expected 2005 revenues. 

Assuming that the change in total exvessel gross revenue associated with 

Alternative 3 is distributed equally 

among the vessels that landed those 

species in 2004, the average change in 

gross revenue per vessel associated with 

Alternative 3 would be a $144 increase 

for summer flounder, a $162 decrease 

for scup, and a $105 decrease for black 

sea bass. 

The overall reduction in gross 

revenue associated with the three 

species combined in 2006 compared to 

2005 is approximately $20,000 

(assuming 2004 ex-vessel prices) under 

Alternative 3. If this amount is 

distributed evenly among the 906 

vessels that landed summer flounder, 

scup, and/or black sea bass in 2004, the 

average decrease in revenue would be 

approximately $22 per vessel. 

For the analysis of the alternative 

recreational harvest limits, the 2006 

recreational harvest limits were 

compared with previous years through 

2004, the most recent year with 

complete recreational data. Landings 

statistics from the last several years 

show that recreational summer flounder 

landings have generally exceeded the 

recreational harvest limits, ranging from 

a 5-percent overage in 1993 to a 122- 

percent overage in 2000. In 2002, 

recreational landings were 8.01 million 

lb (3,633 mt), 18 percent below the 

recreational harvest limit of 9.72 million 

lb (4,409 mt). In 2003, recreational 

landings were 11.64 million lb (5,280 

mt), 25 percent above the recreational 

harvest limit of 9.28 million lb (4,209 

mt). In 2004, recreational landings were 

10.76 million lb (4,881 mt), 10 percent 

below the recreational harvest limit of 

11.98 million lb (5,434 mt). 

The Alternative 1 summer flounder 

2006 recreational harvest limits 

69730 Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 

(adjusted for RSA) of 10.26 million lb 

(4,654 mt), would be a 14-percent 

decrease from the 2005 recreational 

harvest limit of 11.98 million lb (5,434 

mt), and would represent a 4-percent 

decrease from 2004 landings. The 2006 

summer flounder Alternative 2 

recreational harvest limit of 9.29 million 

lb (4,217 mt), would be 22 percent lower 

than the 2005 recreational harvest limit, 

and would represent a 14-percent 

decrease from 2004 recreational 

landings. The 2006 summer flounder 

Alternative 3 (status quo) recreational 

harvest limit of 11.98 million lb (5,433 

mt) would be a less than 1-percent 

decrease from the 2005 recreational 

harvest limit (due to the increase in 

summer flounder RSA for 2005) and 

would represent an 11-percent increase 

from 2004 recreational landings. 

If Alternative 1 or 2 is implemented, 

it is possible that more restrictive 

management measures (lower 

possession limits, larger minimum size 

limits, and/or shorter open seasons) may 

be required to prevent anglers from 

exceeding the 2006 recreational harvest 

limit, depending on the effectiveness of 

the 2005 recreational management 

measures. While it is likely that 

proposed management measures would 

restrict the recreational fishery for 2006, 

and that these measures may cause 

some decrease in recreational 

satisfaction, there is no indication that 

any of these measures may lead to a 

decline in the demand for party/charter 

boat trips. The market demand for this 

sector is relatively stable. Currently, 

neither behavioral nor demand data are 

available to estimate how sensitive 

party/charter boat anglers might be to 

proposed fishing regulations. It is likely 

that party/charter anglers will target 

other species when faced with potential 

reductions in the amount of summer 

flounder, scup, and black sea bass that 

they are allowed to catch. The Council 

intends to recommend specific 

measures to attain the 2006 summer 

flounder recreational harvest limit in 

December 2005, and will provide 

additional analysis of the measures 

upon submission of its 

recommendations in early 2006. 

Scup recreational landings declined 

over 89 percent for the period 1991 to 

1998, then increased by 517 percent 

from 1998 to 2000. In 2002, recreational 

landings were 3.62 million lb (1,642 

mt), or 33 percent above the recreational 

harvest limit of 2.71 million lb (1,229 

mt). In 2003, recreational landings were 

9.33 million lb (4,232 mt), or 132 

percent above the recreational harvest 

limit of 4.01 million lb (1,819 mt). In 

2004, recreational landings were 4.01 

million lb (1,819 mt), or 1 percent above 

the recreational harvest limit of 3.96 

million lb (1,796 mt). Under the 

proposed rule, the adjusted scup 

recreational harvest limit for 2006 

would be 4.15 million lb (1,884 mt), 5 

percent above the 2005 recreational 

harvest limit, and would represent a 5- 

percent decrease from 2004 recreational 

landings. The Alternative 2 scup 

recreational harvest limit of 2.94 million 

lb (1,333 mt) for 2006 would be 26 

percent less than the 2005 recreational 

harvest limit, and 33 percent less than 

2004 recreational landings. The 

Alternative 3 scup recreational harvest 

limit of 4.2 million lb (1,905 mt) for 

2006 would be an increase of 6 percent 

from the 2005 recreational harvest limit 

and would represent a 4-percent 

decrease from 2004 recreational 

landings. Under Alternative 2, more 

restrictive management measures might 

be required to prevent anglers from 

exceeding the 2006 recreational harvest 

limit, depending largely upon the 

effectiveness of the 2005 recreational 

management measures. As described 

above for the summer flounder fishery, 

the effect of greater restrictions on scup 

party/charter boats is unknown at this 

time. Overall, positive social and 

economic impacts are expected to occur 

as a result of the scup recreational 

harvest limit for 2006 because current 

opportunities for recreational fishing 

would be maintained. The Council 

intends to recommend specific 

measures to attain the 2006 scup 

recreational harvest limit in December 

2005, and will provide additional 

analysis of the measures upon 

submission of its recommendations 

early in 2006. 

Black sea bass recreational landings 

increased slightly from 1991 to 1995. 

Landings decreased considerably from 

1996 to 1999, and then substantially 

increased in 2000. In 2002, 2003, and 

2004, recreational landings were 4.35 

million lb (1,973 mt), 3.29 million lb 

(1,492 mt), and 1.94 million lb (880 mt), 

respectively. For the recreational 

fishery, the adjusted 2006 harvest limit 

under Alternative 1 would be 3.99 

million lb (1,809 mt), a 3-percent 

decrease from the 2005 recreational 

harvest limit and a 106-percent increase 

from 2004 recreational landings. Under 

Alternative 2, the 2006 recreational 

harvest limit would be 3.73 million lb 

(1,694 mt), a 10-percent decrease from 

the 2005 recreational harvest limit and 

a 92-percent increase from 2004 

recreational landings. The 2006 

recreational harvest limit under 

Alternative 3 would be 4.09 million lb 

(1,856 mt), a less than 1-percent 

increase from the 2005 recreational 

harvest limit and a 111-percent increase 

from 2004 recreational landings. Under 

Alternatives 1 and 2, although the 

recreational harvest limit would be 

reduced relative to the 2005 level, it is 

not expected that more restrictive 

management measures would be 

necessary to constrain landings if 2005 

landings are similar to those in 2003 or 

2004. Because Alternative 3 is the status 

quo, reduced from the 2005 level only 

due to the larger RSA for 2006, it is not 

anticipated that more restrictive 

measures would be required in 2006 to 

constrain the fishery. The Council 

intends to recommend specific 

measures to attain the 2006 black sea 

bass recreational harvest limit in 

December 2005, and will provide 

additional analysis of the measures 

upon submission of its 

recommendations early in 2006. 

In summary, the proposed 2006 

commercial quotas and recreational 

harvest limits, after accounting for the 

proposed RSA amounts, would result in 

substantially lower quantities of 

summer flounder in 2006 versus 2005. 

Anticipated changes in scup and black 

sea bass landings are not significant. 

The proposed specifications were 

chosen because they allow for the 

maximum level of landings, while still 

achieving the fishing mortality and 

exploitation targets specified in the 

FMP. While the commercial quotas and 

recreational harvest limits specified in 

Alternative 3 would provide for even 

larger increases in landings and 

revenues, they would not achieve the 

fishing mortality and exploitation 

targets specified in the FMP. 

The proposed commercial scup 

possession limits for Winter I (30,000 lb 

(13.6 mt) per trip, to be reduced to 1,000 

lb (454 kg) upon attainment of 80 

percent of the Winter I quota) and 

Winter II (2,000 lb (907 kg) per trip) and 

the amount of increase to the Winter II 

possession limit-to-rollover amount 

ratio were chosen as an appropriate 

balance between the economic concerns 

of the industry (i.e., landing enough 

scup to make the trip economically 

viable) and the need to ensure the 

equitable distribution of the quota over 

each period. The proposed Winter I 

possession limit specifically coordinates 

with the 30,000-lb (13.6-mt) landing 

limits per 2-week period recommended 

by the Commission (beginning in 2005) 

to be implemented by most states, while 

satisfying concerns about enforcement 

of possession limits. Continuation of the 

Winter I possession limit is not 

expected to result in changes to the 

economic or social aspects of the fishery 

relative to 2005. In 2004 and 2005, 

NMFS transferred substantial amounts 

Federal Register / Vol. 70, No. 221 / Thursday, November 17, 2005 / Proposed Rules 69731 

of unused Winter I quota to the Winter 

II period. The increase in the Winter II 

possession limit and in the possession 

limit-to-rollover amount ratio is 

intended to help convert scup discards 

to landings, thereby improving the 

efficiency of the commercial scup 

fishery, and increasing the likelihood of 

achieving the Scup Winter II quota. 

Requiring a second vent in the parlor 

portion of black sea bass traps and 

increasing the circular vent size from 

2.375 inches (6.0 cm) to 2.5 inches (6.4 

cm), as recommended at a 2005 black 

sea bass commercial industry workshop, 

would have positive economic and 

social impacts in the long-term. 

Reducing the mortality of sublegal fish 

would improve the efficiency of the 

commercial black sea bass fishery (via 

increasing yields and amount of mature 

fish in the stock). The cost to the 

industry to implement the changes 

varies depending on type of pot/trap 

(i.e., wooden or wire). The cost of 

adding or replacing a circular vent 

would range between $3.08 and $3.24 

per pot/trap and would take 

approximately 10 minutes per wire pot/ 

trap. Circular vents are not typically 

found in wooden traps due to structural 

integrity concerns. The cost of adding 

an additional vent to a wooden trap 

would range between $2.68 and $5.36 

per trap and would take approximately 

10–20 minutes per trap. Because the 

effective date of the proposed changes 

would be delayed until January 1, 2007, 

the annualized cost of the proposed 

regulations would be half of those 

described above. The Council indicates 

that, because complete cost data for the 

black sea bass pot/trap fishery are not 

available, it is not possible to calculate 

how the proposed gear changes would 

affect the total cost of production for 

black sea bass pot/trap fishermen. 

However, the Council estimates that 

total trap production costs would 

increase by less than 5 percent. 

The commercial portion of the 

summer flounder RSA allocations in the 

proposed rule, if made available to the 

commercial fishery, could be worth as 

much as $339,397 dockside, based on a 

2004 ex-vessel price of $1.59/lb. 

Assuming an equal reduction in fishing 

opportunity among all active vessels 

(i.e., the 765 vessels that landed summer 

flounder in 2004), this could result in a 

per-vessel potential revenue loss of 

approximately $444. Changes in the 

summer flounder recreational harvest 

limit as a result of the 355,762–lb 

(161,479-kg) RSA are not expected to be 

significant as the deduction of RSA from 

the TAL would result in a relatively 

marginal decrease in the recreational 

harvest limit from 9.4 million lb (4,282 

mt) to 9.3 million lb (4,217 mt). Because 

this is a marginal change, it is unlikely 

that the recreational possession, size, or 

seasonal limits would change as the 

result of the RSA allocation. 

The scup RSA allocation, if made 

available to the commercial fishery, 

could be worth as much as $86,435 

dockside, based on a 2004 ex-vessel 

price of $0.60/lb. Assuming an equal 

reduction in fishing opportunity for all 

active commercial vessels (i.e., the 432 

vessels that landed scup in 2004), this 

could result in a loss of potential 

revenue of approximately $200 per 

vessel. The deduction of RSA from the 

TAL results in a relatively marginal 

decrease in the recreational harvest 

limit from 4.19 million lb (1,902 mt) to 

4.15 million lb (1,884 mt). It is unlikely 

that scup recreational possession, size, 

or seasonal limits would change as the 

result of the RSA allocation. 

The black sea bass RSA allocation, if 

made available to the commercial 

fishery, could be worth as much as 

$135,040 dockside, based on a 2004 exvessel price of $1.54/lb. Assuming an 

equal reduction in fishing opportunity 

for all active commercial vessels (i.e., 

the 569 vessels that caught black sea 

bass in 2004), this could result in a loss 

of approximately $237 per vessel. The 

deduction of RSA from the TAL would 

result in a relatively marginal decrease 

in recreational harvest from black sea 

bass recreational harvest limit from 4.08 

million lb (1,851 mt) to 3.99 million lb 

(1,809 mt). It is unlikely that the black 

sea bass possession, size, or seasonal 

limits would change as the result of this 

RSA allocation. 

Overall, long-term benefits are 

expected as a result of the RSA program. 

The four conditionally-approved 

projects would provide improved data 

and information regarding the size 

composition of the scup population, the 

influence of Mid-Atlantic species 

seasonal migration on stock abundance 

estimates, angler behavior under various 

recreational management scenarios, and 

black sea bass habitat pot efficiency. 

The results of these projects will 

provide needed information on highpriority fisheries management issues 

related to Mid-Atlantic fisheries 

management. If the total amount of 

quota set-aside is not awarded for any 

of the three fisheries, the unused setaside amount will be restored to the 

appropriate fishery’s TAL. It should also 

be noted that fish harvested under the 

RSAs would be sold, and the profits 

would be used to offset the costs of 

research. As such, total gross revenue to 

the industry would not decrease if the 

RSAs are utilized. 

There are no new reporting or 

recordkeeping requirements contained 

in any of the alternatives considered for 

this action. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: November 15, 2005. 

James W. Balsiger, 

Acting Director, Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons stated 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 § 648.2, add a second sentence 

to the definition of ‘‘Total Length’’ to 

read as follows: 

§ 648.2 Definitions. 

* * * * * 

Total Length (TL) * * * For black sea 

bass, Total Length (TL) means the 

straight-line distance from the tip of the 

snout to the end of the tail (caudal fin), 

excluding any caudal filament, while 

the fish is lying on its side. 

* * * * * 

3. In § 648.144, revise paragraph (b)(2) 

to read as follows: 

§ 648.144 Gear restrictions. 

* * * * * 

(b) * * * 

(2) All black sea bass traps or pots 

must have two escape vents placed in 

lower corners of the parlor portion of 

the pot or trap that each comply with 

one of the following minimum size 

requirements: 1.375 inches by 5.75 

inches (3.5 cm by 14.6 cm); a circular 

vent of 2.5 inches (6.4 cm) in diameter; 

or a square vent with sides of 2 inches 

(5.1 cm), inside measure; however, 

black sea bass traps constructed of wood 

lathes may have instead escape vents 

constructed by leaving spaces of at least 

1.375 inches (3.5 cm) between two sets 

of lathes in the parlor portion of the 

trap. These dimensions for escape vents 

and lathe spacing may be adjusted 

pursuant to the procedures in § 648.140. 

* * * * * 

[FR Doc. 05–22856 Filed 11–16–05; 8:45 am] 

BILLING CODE 3510–22–P