66348 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

of Energy Effects for any ‘‘significant

energy action.’’ 66 FR 28355 (May 22,

2001). Under the Executive Order, a

‘‘significant energy action’’ is defined as

any action by an agency (normally

published in the Federal Register) that

promulgates or is expected to lead to the

promulgation of a final rule or

regulation (including notices of inquiry,

advance notices of proposed

rulemaking, and notices of proposed

rulemaking) (1)(i) that is a significant

regulatory action under Executive Order

12866 or any successor order, and (ii) is

likely to have a significant adverse effect

on the supply, distribution, or use of

energy; or (2) that is designated by the

Administrator of the Office of

Information and Regulatory Affairs as a

significant energy action. FRA has

evaluated this final rule in accordance

with Executive Order 13211. FRA has

determined that this final rule will not

have a significant adverse effect on the

supply, distribution, or use of energy

and the Administrator of the Office of

Information and Regulatory Affairs has

not designated it as a significant energy

action.

List of Subjects in 49 CFR Part 225

Investigations, Penalties, Railroad

safety, Reporting and recordkeeping

requirements.

The Final Rule

In consideration of the foregoing, FRA

amends part 225, title 49, Code of

Federal Regulations as follows:

PART 225—RAILROAD ACCIDENTS/

INCIDENTS: REPORTS

CLASSIFICATION, AND

INVESTIGATIONS

1. The authority citation for part 225

continues to read as follows:

Authority: 49 U.S.C. 20103, 20107, 20901,

20902, 21302, 21311; 49 U.S.C. 103; 49 CFR

1.49.

2. By amending § 225.19 by revising

the first sentence of paragraph (c) and

revising paragraph (e) to read as follows:

§ 225.19 Primary groups of accidents/

incidents.

* * * * *

(c) Rail equipment accidents/

incidents are collisions, derailments,

fires, explosions, acts of God, and other

events involving the operation of ontrack equipment (standing or moving)

that result in damages higher than the

current reporting threshold (i.e., $6,300

for calendar years 1991 through 1996,

$6,500 for calendar year 1997, $6,600

for calendar years 1998 through 2001,

and $6,700 for calendar year 2002) to

railroad on-track equipment, signals,

tracks, track structures, or roadbed,

including labor costs and the costs for

acquiring new equipment and material.

***

* * * * *

(e) The reporting threshold is $6,300

for calendar years 1991 through 1996.

The reporting threshold is $6,500 for

calendar year 1997, $6,600 for calendar

years 1998 through 2001, and $6,700 for

calendar year 2002. The procedure for

determining the reporting threshold for

calendar year 1997 and later appears as

appendix B to part 225.

3. Part 225 is amended by revising

paragraphs 8 and 9 of appendix B to

read as follows:

Appendix B to Part 225—Procedure for

Determining Reporting Threshold

* * * * *

8. Formula:

New Threshold = Prior Threshold × + − +

 − 









1 05 05

100 . ( ) . Wn Wp ( )Wp

En Ep

Where:

Prior Threshold = $6,600 (for rail equipment

accidents/incidents that occur during

calendar year 2001);

Wn = New average hourly wage rate ($) =

18.188333;

Wp = Prior average hourly wage rate ($) =

17.763333;

En = New equipment average PPI value ($)

=135.733333;

Ep = Prior equipment average PPI value ($)

= 135.633333.

9. The result of these calculations is

$6,682.254777. Since the result is rounded to

the nearest $100, the new reporting threshold

for rail equipment accidents/incidents that

occur during calendar year 2002 is $6,700,

which represents an $100 increase from the

monetary threshold for calendar years 1998

through 2001.

Issued in Washington, DC on December 17,

2001.

Allan Rutter,

Administrator, Federal Railroad

Administration.

[FR Doc. 01–31521 Filed 12–21–01; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 011109274–1301–02; I.D.

102501B]

RIN 0648–AP06

Fisheries of the Northeastern United

States; Summer Flounder, Scup, and

Black Sea Bass Fisheries; 2002

Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule, final 2002

specifications, and preliminary

commercial quota adjustment;

notification of 2002 commercial summer

flounder quota harvest for the States of

Maine and Delaware.

SUMMARY: NMFS issues final

specifications for the 2002 summer

flounder, scup, and black sea bass

fisheries and makes preliminary

adjustments to the 2002 commercial

quotas for these fisheries. This final rule

specifies allowed harvest limits for both

commercial and recreational fisheries,

as well as other commercial

management measures, including scup

and black sea bass possession limits and

gear modifications. This action also

prohibits federally permitted

commercial vessels from landing

summer flounder in the States of

Delaware and Maine in 2002.

Regulations governing the summer

flounder fishery require publication of

this notification to advise these states,

Federal vessel permit holders and

Federal dealer permit holders that no

commercial quota is available for

landing summer flounder in Delaware

and Maine in 2002. The intent of this

action is to comply with implementing

regulations for the Fishery Management

Plan for the Summer Flounder, Scup,

and Black Sea Bass Fisheries (FMP),

which require NMFS to publish

measures for the upcoming fishing year

that will prevent overfishing of these

fisheries.

DATES: The 2002 final specifications are

effective from January 1, 2002, through

December 31, 2002. The prohibition on

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66349

landings of summer flounder in

Delaware and Maine by Federal permit

holders is effective 0001 hours January

1, 2002, through 2400 hours December

31, 2002. Sections 648.14 (a)(92), 648.14

(u)(1), 648.123 (a)(1), 648.143 (a),

648.144 (a)(1)(i), 648.144 (b)(2), and

648.145 (d) are effective February 25,

2002.

ADDRESSES: Copies of supporting

documents used by the Summer

Flounder, Scup, and Black Sea Bass

Monitoring Committees; the Regulatory

Impact Review (RIR), the Final

Regulatory Flexibility Analysis (FRFA)

contained within the RIR, and the

Environmental Assessment (EA) are

available from the Northeast Regional

Office, National Marine Fisheries

Service, One Blackburn Drive,

Gloucester, MA 01930–2298. The EA/

RIR/FRFA is also accessible via the

Internet at http://www.nero.nmfs.gov.

FOR FURTHER INFORMATION CONTACT:

Richard A. Pearson, Fishery Policy

Analyst, (978) 281–9279, fax (978) 281–

9135, e-mail rick.a.pearson@noaa.gov.

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

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 Light, NC) northward to the

U.S./Canada border. Implementing

regulations for these fisheries are found

at 50 CFR part 648, subparts A, G

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

(black sea bass).

Pursuant to §§ 648.100 (summer

flounder), 648.120 (scup), and 648.140

(black sea bass), the Administrator,

Northeast Region, NMFS, (Regional

Administrator) implements measures for

the fishing year to assure that the target

fishing mortality rate (F) or exploitation

rate for each fishery, as specified in the

FMP, is not exceeded. The target F or

exploitation rate and management

measures (e.g., commercial quotas,

recreational harvest limits, minimum

mesh requirements, minimum fish sizes,

possession limits, and other gear

restrictions) are summarized below, by

species. Detailed background

information regarding the status of the

summer flounder, scup and black sea

bass stocks and the development of the

2002 specifications for these species

was provided in the proposed

specifications for the 2002 summer

flounder, scup and black sea bass

fisheries (66 FR 58097, November 20,

2001). That information is not repeated

here. NMFS has considered the

comments received during the comment

period and, other than a minor change

to black sea bass gear measures (escape

vents) to reflect a clarification provided

by the Council, publishes these final

specifications without change from

those in the proposed rule.

NMFS will establish the 2002

recreational management measures for

summer flounder, scup and black sea

bass by publishing a proposed and final

rule in the Federal Register at a later

date, following receipt of the Council’s

recommendations, as specified in the

FMP.

Regulatory Amendment for Summer

Flounder, Scup and Black Sea Bass

NMFS has published proposed

regulations to implement a regulatory

amendment (66 FR 64392, December 13,

2001) that would revise 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). The

FMP currently requires that any

landings in excess of a commercial

quota allocation for a state or period in

one year must be deducted from that

state’s or period’s annual quota

allocation for the following year. This

has created problems because complete

landings data for the year are not

available until after the beginning of the

next fishing year. As a result, it is

impossible under the existing system to

compile complete landings data for one

fishing year, establish overages, and

finalize adjustments for the following

year prior to the start of the fishing year

on January 1st. It has often been

necessary for NMFS to publish several

subsequent quota adjustments

throughout the fishing year as

additional landings data from the prior

year became available. These

adjustments have complicated the

resource management efforts of state

marine fisheries agencies, and have

hampered planning by commercial

fishers.

NMFS has proposed in the regulatory

amendment to establish a cut-off date of

October 31 for landings data to be used

in calculating quota overages and

making the resultant adjustments to the

quotas for the following fishing year.

Any additional overages due to landings

occurring after October 31, or landings

reported late, would be deducted from

a state’s (or period’s) quota allocation

for the subsequent year. The quota

overages reflected in this final rule for

summer flounder, scup and black sea

bass are consistent with the measure

proposed in the regulatory amendment

and are based on landings reported for

the period January 1 - October 31, 2001.

If the final measures implemented by

NMFS to address the quota overage

determination problem differ from those

contained in the proposed rule, NMFS

will publish a notification of any

necessary quota adjustments for 2002 in

January 2002.

Summer Flounder

The FMP specifies a target F for 2002

of FMAX, the level of fishing that

produces maximum yield per recruit.

Best available data indicate that FMAX

is currently equal to 0.26 (equal to an

exploitation rate of about 22 percent

from fishing). The total allowable

landings (TAL) associated with the

target F are allocated 60 percent to the

commercial sector and 40 percent to the

recreational sector. The commercial

quota is then allocated to the coastal

states based upon percentage shares

specified in the FMP. The recreational

harvest limit is specified on a coastwide

basis. Recreational measures will be the

subject of a separate rulemaking early in

2002.

This final rule implements the

specifications contained in the proposed

rule, except that the research quota setaside amount is modified as explained

below. This results in a 24.3-–million lb

(11.02–million kg) summer flounder

TAL, allocated 14.58 million lb (6.61–

million kg) to the commercial sector and

9.72 million lb (4.40–million kg) to the

recreational sector. The TAL was

determined by the Summer Flounder

Monitoring Committee to have a 50–

percent probability of achieving the

2002 target F of 0.26, as specified in the

FMP, if the 2001 TAL and assumed

discard levels are not exceeded.

The proposed rule reflected the

Council’s and Board’s recommendation

to set-aside 2 percent (485,943 lb;

220,420 kg) of the summer flounder

TAL for scientific research activities

through the process established by

Framework Adjustment 2 to the FMP.

This process resulted in publication of

a Request for Proposals that solicited

proposals for 2002, based upon the

research priorities identified by the

Council (66 FR 38636, July 25, 2001,

and 66 FR 45668, August 29, 2001). The

66350 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

deadline for submission of proposals

was September 14, 2001. No research

project proposals were recommended

for approval that would utilize the

summer flounder research set-aside. As

a result, this final rule does not establish

a research quota set-aside for summer

flounder and the entire TAL is available

to the commercial and recreational

fisheries.

Table 1 presents the final 2001

commercial summer flounder quota for

each state, reported 2001 landings for

each state through October 31, 2001,

and resultant 2001 quota overages.

TABLE 1.— SUMMER FLOUNDER PRELIMINARY COMMERCIAL 2001 LANDINGS BY STATE

State

2001 Quota1 Reported 2001 Landings

through 10/31/01

Preliminary 2001 Overage

Lb Kg2

Lb Kg2 Lb Kg2

ME 2,146 973 22,017 9,987 19,871 9,013

NH 100 45 0 0 .................... ....................

MA 647,169 293,551 702,710 318,744 55,451 25,193

RI 1,724,507 782,223 1,387,418 629,322 .................... ....................

CT 241,517 109,550 232,941 105,660 .................... ....................

NY 834,599 378,568 740,578 335,920 .................... ....................

NJ 1,743,704 790,931 1,544,955 700,780 .................... ....................

DE 3(41,708) (18,918) 4,532 2,056 (46,240) (20,974)

MD 193,970 87,983 178,585 81,005 .................... ....................

VA 2,377,721 1,078,516 1,557,227 706,346 .................... ....................

NC 2,651,470 1,202,687 1,804,943 818,708 .................... ....................

Total4 10,416,903 4,725,028 8,175,906 3,708,528 ....................

1 Reflects quotas as published on September 12, 2001 (66 FR 47413).

2Kilograms are as converted from pounds and may not necessarily add due to rounding

3Parentheses indicate a negative number.

4Total quota is the sum of all states having allocation. A state with a negative number has an allocation of zero (0). Total quota and total landings do not equal the overage because they reflect positive quota balances in several states.

Based upon 2001 landings through

October 31, 2001, NMFS adjusts the

2002 commercial quotas for 2001 quota

overages. The 2002 initial quota, 2001

quota overages, and preliminary

adjusted commercial quotas, by state,

for 2002 are presented in Table 2.

TABLE 2.— FINAL STATE-BY-STATE COMMERCIAL SUMMER FLOUNDER ALLOCATIONS FOR 2002

State Percent

Share

2002 Initial Quota 2001 Quota Overages

(through 10/31/01)

Adjusted 2002 Quota

Lb Kg1

Lb Kg1 Lb Kg1

ME 0.04756 6,933 3,145 19,871 9,013 (12,938)2 (5,868)2

NH 0.00046 67 30 .................... .................... 67 30

MA 6.82046 994,306 451,010 55,541 25,193 938,765 425,817

RI 15.68298 2,286,310 1,037,053 .................... .................... 2,286,310 1,037,053

CT 2.25708 329,044 149,258 .................... .................... 329,044 149,252

NY 7.64699 1,114,800 505,665 .................... .................... 1,114,800 505,665

NJ 16.72499 2,438,217 1,105,957 .................... .................... 2,438,217 1,105,957

DE 0.01779 2,593 1,176 (46,240)2 (20,974)2 (43,647)2 (19,798)2

MD 2.03910 297,266 134,838 .................... .................... 297,266 134,838

VA 21.31676 3,107,619 1,409,592 .................... .................... 3,107,619 1,409,592

NC 27.44584 4,001,133 1,814,883 .................... .................... 4,001,133 1,814,883

Total3 100.00 14,578,288 6,612,600 .................... .................... 14,513,221 6,583,086

1Kilograms are as converted from pounds and may not necessarily add due to rounding.

2Parentheses indicate a negative number.

3Total quota is the sum of all states having allocation. A state with a negative number has an allocation of zero (0).

The Commission has 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

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 these 2002 final

specifications, because NMFS does not

have authority to establish such

subcategories.

Delaware and Maine Summer Flounder

Closures

Table 2 above indicates that, for the

States of Delaware and Maine, the

amount of the 2001 summer flounder

quota overage is greater than the amount

of commercial quota allocated to the

states for 2002. As a result, there is no

quota available for 2002 in either

Delaware or Maine. The regulations at

§ 648.4 (b) provide that Federal permit

holders agree, as a condition of their

permit, not to land summer flounder in

any state that the Regional

Administrator has determined no longer

has commercial quota available for

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66351

harvest. Therefore, effective January 1,

2002, landings of summer flounder in

Delaware and Maine by vessels holding

commercial Federal fisheries permits

are prohibited for the 2002 calendar

year, unless additional quota becomes

available through a quota transfer and is

announced in the Federal Register.

Federally permitted dealers are advised

that they may not purchase summer

flounder from federally permitted

vessels that land in Delaware or Maine

for the 2002 calendar year, unless

additional quota becomes available

through a transfer.

Scup

The FMP established a target

exploitation rate for scup of 21 percent

for the 2002 fishing year. The total

allowable catch (TAC) associated with

the exploitation rate is allocated 78

percent to the commercial sector and 22

percent to the recreational sector by the

FMP. Scup discard estimates are

deducted from both TACs to establish

for both sectors (TAC - discards = TAL).

The commercial TAL is then allocated

on a coastwide basis to three quota

periods: Winter I (January–April)–45.11

percent; Summer (May–October)–38.95

percent; and Winter II (Nov–December)–

15.94 percent. The recreational harvest

limit is allocated on a coastwide basis.

The proposed rule reflected the

Council’s and Board’s recommendation

to set-aside 3 percent (323,100 lb;

146,556 kg) of the scup TAL for

scientific research activities through the

process established by Framework

Adjustment 2 to the FMP. Three

research projects that utilized scup

research quota have been recommended

for approval. These three projects would

utilize 222,775 lb (101,049 kg) of the

scup research set-aside. The scup TAL

has been adjusted to reflect this research

set-aside. If the NOAA Grants Office

should disapprove any of these projects,

the associated research quota will be

restored to the scup TAL through

publication of a rule by NMFS.

This final rule implements the

specifications contained in the proposed

rule, with the adjustment to the research

quota set-aside as described; a scup TAC

of 12.92 million lb (5.86 million kg); a

research quota set-aside of 222,775

(101,049 kg); a TAL of 10.55 million lb

(4.78 million kg); a commercial TAL of

7,834,522 lb (3,553,679 kg) and a

recreational harvest limit of 2,712,703 lb

(1,230,461 kg).

Table 3 presents the final 2001

commercial scup quota for each period,

reported 2001 landings for the Winter I

and Summer periods through October

31, 2001, and resultant 2001 quota

overages.

TABLE 3.— SCUP PRELIMINARY 2001 COMMERCIAL LANDINGS BY QUOTA PERIOD AND 2001 OVERAGES

Quota Period

2001 Quota1 Reported 2001 Landings

through 10/31/01

2001 Overages as of 10/

31/01

Lb Kg2

Lb Kg2 Lb Kg2

Winter I 1,675,960 752,038 1,692,813 767,847 16,853 7,644

Summer 1,128,832 512,030 1,623,783 736,536 494,951 224,506

Winter II 708,469 321,356 n/a3 n/a3 n/a3 n/a3

Total 3,495,261 1,585,424 3,316,596 1,504,383 .................... ....................

1 Reflects quotas as published on September 12, 2001 (66 FR 47413).

2Kilograms are as converted from pounds and may not necessarily add due to rounding.

3 Not applicable.

Table 4 presents the initial 2002

commercial scup quota allocations with

and without the research set-aside

deduction, and the commercial

possession limits being implemented

through this final rule.

TABLE 4.— 2002 INITIAL COMMERCIAL SCUP QUOTA AND POSSESSION LIMITS

Period Percent TAC1 Discards2

Commercial Quota Possesion Limits

W/O Research SetAside

W/Research

Set-Aside Lb Kg

Winter I 45.11 4,546,005

(2,062,033)

937,205

(425,109)

3,608,800

(1,636,924)

3,534,153

(1,603,065)

10,0003 4,536

Summer 38.95 3,925,225

(1,780,452)

809,225

(367,058)

3,116,000

(1,413,394)

3,051,546

(1,384,158)

n/a* ....................

Winter II 15.94 1,606,370

(728,637)

331,170

(150,216)

1,275,200

(578,421)

1,248,823

(566,456)

2,000 907

Total4 100.00 10,077,600

(4,571,122)

2,077,600

(942,383)

8,000,000

(3,628,739)

7,834,522

(3,553,679)

1Total allowable catch in pounds (kilograms in parentheses).

2 Discard estimates in pounds (kilograms in parentheses).

3The Winter I landing limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of the seasonal allocation.

4Totals subject to rounding error.

5Kilograms in parentheses.

*n/a-Not applicable.

Table 5 presents the initial 2002

commercial scup quota allocations (with

the research set-aside deductions), 2001

commercial quota overages for Winter I

and Summer periods as of October 31,

2001, and the preliminary adjusted 2002

commercial scup quotas by period.

66352 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

TABLE 5.— FINAL 2002 COMMERCIAL SCUP QUOTA ALLOCATI0NS BY PERIOD

Quota Period

2002 Initial Quota1 2001 Quota Overages

through 10/31/01

Preliminary 2002 Adjusted

Quota

Lb Kg2

Lb Kg2 Lb Kg2

Winter I 3,534,153 1,603,065 16,853 7,644 3,517,300 1,595,420

Summer 3,051,546 1,384,158 494,951 224,506 2,556,595 1,159,652

Winter II 1,248,823 566,456 n/a3 n/a3 1,248,823 566,456

Total 7,834,522 3,553,679 511,804 232,150 7,322,718 3,321,529

1 Reflects quotas with the research set-aside.

2Kilograms are as converted from pounds and may not necessarily add due to rounding.

3 Not applicable.

To achieve the commercial quotas,

this final rule implements a Winter I

period (January-April) possession limit

of 10,000 lb (4,536 kg), and a Winter II

period (November-December)

possession limit of 2,000 lb (907 kg).

The Winter I possession limit will be

reduced to 1,000 lb (453.6 kg) when 80

percent of the commercial quota is

attained.

The existing minimum mesh size

requirement for the directed scup trawl

fishery is also modified by this final

rule. The purpose of the modification is

to protect recent strong scup year

classes, most notably the 1997, 1999 and

2000 year classes. Recruitment of these

strong year classes to the fishery is the

primary reason why the scup TAL is

being increased, even though the target

exploitation rate has decreased. NMFS

believes it is important to protect these

strong scup year classes through gear

modifications to ensure that the stock

will continue to grow. The otter trawl

gear modifications are as follows: For

large nets, no more than 25 meshes of

4.5-inch (11.43–cm) mesh in the

codend, with at least 100 meshes of 5.0-

inch (12.70–cm) mesh forward of the

4.5–inch (11.43–cm) mesh; and for

small nets with codends (including an

extension) less than 125 meshes, the

entire net must have 4.5–inch (11.43–

cm) mesh or larger throughout. These

minimum mesh sizes are applicable to

trawl vessels issued a scup moratorium

permit that possess 500 lb (226.8 kg) or

more of scup from November 1 through

April 30, or 100 lb (45.4 kg) or more of

scup from May 1 through October 31.

In the proposed rule, NMFS explained

the reasons for its disapproval of the

Council’s and Commission Board’s

recommendation to allow trawl vessels

using small mesh and fishing for nonexempt species into the scup Gear

Restricted Areas (GRAs) without NMFScertified observers, provided they use

modified trawl nets with an escapement

extension (45 meshes of 5.5-inch (13.97-

cm) square mesh) between the body of

the net and the codend. That

explanation is not repeated here.

Black Sea Bass

The FMP established a target

exploitation rate for black sea bass of 37

percent for the 2002 fishing year. The

TAL associated with the exploitation

rate is allocated 49 percent to the

commercial sector and 51 percent to the

recreational sector by the FMP. The

commercial TAL is then allocated on a

coastwide basis to four quarterly

periods: Quarter 1 (January – March)

–38.64 percent; Quarter 2 (April–June)–

29.26 percent; Quarter 3 (July–

September)–12.33 percent; and Quarter

4 (October–December)–19.77 percent.

The recreational TAL is specified as a

coastwide harvest limit. The total TAL

associated with the exploitation rate

required by the FMP is 6.80 million lb

(3.08 million kg).

The proposed rule reflected the

Council’s and Board’s recommendation

to set-aside 3 percent (204,000 lb;

92,533 kg) of the black sea bass TAL for

scientific research activities through the

process established by Framework

Adjustment 2 to the FMP. Four research

projects that utilize black sea bass

research quota were recommended for

approval by a review committee. These

four projects would utilize 76,005 lb

(34,475 kg) of the black sea bass

research set-aside. The black sea bass

TAL has been adjusted in this final rule

to reflect this research set-aside. If the

NOAA Grants Office disapproves any of

these projects, the associated amount of

research quota will be restored to the

black sea bass TAL through publication

of a rule by NMFS.

As a result, a TAL of 6.72 million lb

(3.05 million kg) is being implemented

through this final rule. This results in a

commercial TAL of 3,294,758 lb

(1,494,477 kg) and a recreational harvest

limit of 3,429,237 lb (1,555,476 kg).

Table 6 presents the final 2001

commercial black sea bass quota for

each quarter, reported 2001 landings for

Quarter 1, Quarter 2 and Quarter 3

through October 31, 2001, and resultant

2001 quota overages.

TABLE 6.— BLACK SEA BASS PRELIMINARY 2001 COMMERCIAL LANDINGS BY QUARTER AND 2001

OVERAGES

Quarter

2001 Quota1 Reported 2001 Landings

through 10/31/01

2001 Overages as of 10/

31/01

Lb Kg2

Lb Kg2 Lb Kg2

Quarter 1 1,168,760 530.141 1,221,802 554,200 53,042 24,059

Quarter 2 645,942 292,994 753,780 341,909 107,838 48,914

Quarter 3 311,902 141,476 318,045 144,263 6,143 2,786

Quarter 4 575,231 260,920 n/a3 n/a3 n/a3 n/a3

Total 2,701,835 1,225,532 2,293,627 1,040,372 .................... ....................

1 Reflects quotas as published on September 12, 2001 (66 FR 47413).

2Kilograms are as converted from pounds and may not necessarily add due to rounding.

3 Not applicable.

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66353

Table 7 presents the initial 2002

commercial black sea bass quota

allocations with and without the

research set-aside deduction, and the

commercial possession limits being

implemented through this final rule.

TABLE 7.— 2002 INITIAL COMMERCIAL BLACK SEA BASS QUOTA AND POSSESSION LIMITS

Quarter Percent

Commercial Quota Possession Limits

TAL1 W/O Research Set-Aside

TAL With Research Set-Aside Lb Kg

Quarter 1 38.64 1,287,485

(583,993)2

1,273,094

(577,466)

7,000 3,175

Quarter 2 29.26 974,943

(442,227)

964,046

(437,284)

2,000 907

Quarter 3 12.33 410,836

(186,352)

406,244

(184,269)

2,000 907

Quarter 4 19.77 658,736

(298,798)

651,374

(295,458)

2,000 907

Total2 100.00 3,332,000

(1,511,370)

3,294,758

(1,494,477)

1Total allowable landings in pounds (kilograms in parentheses).

2Totals subject to rounding error.

Table 8 presents the initial 2002

commercial black sea bass quota

allocations (with the research set-aside

deductions), 2001 commercial quota

overages for Quarters 1–3 as of October

31, 2001, and the preliminary adjusted

2002 commercial black sea bass quotas

by period.

TABLE 8.— FINAL 2002 COMMERCIAL BLACK SEA BASS QUOTA ALLOCATIONS BY QUARTER

Quarter

2002 Initial Quota1 2001 Quota Overages

through 10/31/01

Preliminary 2002 Adjusted

Quota

Lb Kg2

Lb Kg2 Lb Kg2

Quarter 1 1,273,094 577.466 53,042 24,049 1,220,052 553,406

Quarter 2 964,046 437,284 107,838 48,914 856,208 388,369

Quarter 3 406,244 184,269 6,143 2,786 400,101 181,483

Quarter 4 651,374 295,458 n/a3 n/a3 651,374 295,458

Total 3,294,758 1,494,477 .................... .................... 3,127,735 1,418,717

1 Reflects quotas with the research set-aside.

2Kilograms are as converted from pounds and may not necessarily add due to rounding.

3 Not applicable.

To achieve the commercial quotas,

this final rule implements possession

limits of 7,000 lb (3,175 kg) for Quarter

1 (January–March), and 2,000 lb (907 kg)

for Quarters 2–4 (April–December). It

also implements measures to protect

recent strong year classes of black sea

bass. These measures include: (1) An

increase in the commercial minimum

black sea bass fish size from 10 inches

(25.4 cm) to 11 inches (27.94 cm); (2) a

modification of the trawl net minimum

mesh size such that large trawl nets are

required to possess a minimum of 75

meshes of 4.5-inch (11.43-cm) diamond

mesh in the codend or, for nets with

codends less than 75 meshes, the entire

net must have a minimum mesh size of

4.5 inches (11.43 cm) throughout; (3) a

decrease in the black sea bass

possession limit that triggers the

requirement to utilize the black sea bass

minimum mesh size from 1,000 lb

(453.6 kg) year-round to 500 lb (226.8

kg) during Quarter 1 (January–March),

and 100 lb (45.3 kg) during Quarters 2–

4 (April–December); and (4) an increase

in black sea bass pot and trap escape

vent sizes to 2 and 3/8-inch (6.03 cm)

circular, 2-inch (5.08 cm) square, or 1

and 3/8-inch (3.49 cm) x 5 and 3/4–inch

(14.61 cm) rectangular. The gear

modifications are consistent with the

commercial minimum fish size of 11

inches (27.94-cm).

In the proposed rule, NMFS

specifically sought public comment on

the most appropriate sizes for black sea

bass escape vents for an 11-inch (27.94

cm) minimum commercial fish size.

While a few comments were received on

various aspects of this proposal, the

information provided does not present a

consensus view that could be used as

the basis for a change from the proposed

measures.

Changes from Proposed Rule

The Council submitted a comment

that proposed regulatory text pertaining

to the size of escape vents in black sea

bass pots and traps should be modified.

Specifically, the proposed regulations

did not propose to amend the

regulations pertaining to the spacing

between lathes in wooden traps. The

Council clarified that the space between

the wooden lathes in a wooden trap

should be equal to the shortest space

separating the sides of the rectangular

escape vent, or 1 and 3/8 inches (3.49

cm). These final regulations reflect this

clarification in § 648.144 (b)(2).

Comments and Responses

Eleven comments were received on

the proposed measures from commercial

fishing industry participants, law firms

and organizations representing the

commercial fishing industry, a group of

environmental advocacy organizations,

a state marine fisheries agency, and the

Council. All comments received prior to

the close of the comment period that

directly related to the measures in the

66354 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

proposed rule were considered in

developing the measures contained in

this final rule. Several commenters

raised issues associated with the

management of these species that were

beyond the scope of the proposed

measures. This final rule does not

respond to such comments.

Comment 1: Comments were received

both supporting and opposing NMFS’

disapproval of the measure that would

have allowed vessels fishing with small

mesh for non-exempted species access

to the GRA’s, provided they used

modified trawl nets (possessing an

escapement extension of 45 meshes of

5.5–inch (13.97–cm) square mesh

between the body of the net and the

codend). One group of commenters

supported the disapproval, noting that it

would be premature to relax GRA

restrictions on the basis of limited,

although promising, gear research,

especially without mandatory observer

coverage. Three commenters, including

the Council, opposed the disapproval.

They expressed concern that NMFS did

not rely more heavily on the research

report on the proposed gear, or on

industry advice and experience to

support adoption of this measure. One

commenter indicated that NMFS should

have relied on the research report

because it represents the best available

science.

Response: In the proposed rule,

NMFS clearly articulated its rationale

for disapproval of the recommended

measure. In summary, the research upon

which the recommendation was based,

although promising, is too preliminary

to justify a universal exemption for all

vessels at all times. NMFS notes that the

draft report referred to by the

commenters states that, ‘‘It does not

necessarily follow that this solution

(modified trawl gear) will work for

vessels of all sizes, in all areas or at all

times.’’ Two of the projects that will

utilize the scup research quota set-aside

are intended to test and develop gear

modifications to address scup bycatch

in small-mesh fisheries. NMFS is

hopeful that these projects, and others,

will provide more comprehensive

information that can be used in

developing future management

measures to reduce scup discard

mortality.

Comment 2: Two commenters,

including the Council, suggested that

NMFS’ disapproval of the exemption to

allow small-mesh vessels to fish for

non-exempt species in the GRAs when

deploying modified trawl gear would

prevent the Loligo squid fishery from

attaining its annual commercial quota.

The Council provided 2001 landings

data showing that the quarterly quotas

have not been attained.

Response: NMFS acknowledges that

the Loligo quotas allocated to each

quarterly period in 2001 have not been

attained. NMFS disagrees, however, that

it is possible to conclude, based on one

year of landings data, that GRAs are the

reason quotas are not being attained.

GRAs were in place for the 2000 fishing

year, though with different boundaries,

and commercial landings approached or

exceeded the Loligo squid commercial

quotas that year. In any case, NMFS

believes that there is a critical need to

protect scup from excessive discard

mortality in small-mesh fisheries.

Comment 3: A state marine fisheries

agency expressed concern about the

magnitude of the 2001 Summer period

scup quota overage, and suggested that

NMFS should reconsider making the

2002 overage deduction. The

commenter acknowledged that the large

overage was the result of the higher

Summer period quota established by the

Commission, but believes that the

Commission action was legitimate. The

commenter was concerned that the large

quota deduction in 2002 will widen the

gap between Federal and state permit

holders in future years and will

eventually result in a minuscule Federal

Summer period scup quota.

Response: NMFS shares this concern

about divergence between the quotas

established by state and Federal

management agencies. NMFS has

specifically noted concern about the

Summer period scup quota on several

occasions, and has explained that the

FMP requires NMFS to deduct any

overages of the commercial quota from

that period’s allocation for the following

year. Under the current FMP, NMFS is

legally prevented from taking any action

to ‘‘reconsider’’ this requirement

through this final rule, due to the

requirements of the FMP.

Comment 4: One commenter opposed

the proposed black sea bass TAL

because it is higher than the TAL

recommended by the Black Sea Bass

Monitoring Committee. The commenter

stated that NMFS did not provide

adequate justification for the higher

black sea bass TAL and requested that

NMFS demonstrate that the higher TAL

has a 50–percent chance of attaining the

target fishing mortality rate (F = 0.37)

for black sea bass.

Response: The commenter referred to

a target F rate of F=0.37. In fact, the FMP

does not specify a target F rate. Rather,

it specifies a target exploitation rate of

37 percent, because the data available

for this fishery cannot support an

estimate of F. The TAL is established

using the target exploitation rate

because it can be calculated using data

that are available for this fishery (i.e.,

the NEFSC spring survey abundance

index). Similarly, the quality of the

assessment data for this species does not

allow for a precise estimate of the

probability of achieving the target

exploitation rate.

The increased TAL is directly related

to the other conservation measures

being enacted to protect recent strong

year classes of black sea bass. These

include: (1) An increase in the

minimum fish size from 10 inches (25.4

cm) to 11 inches (27.9 cm); (2) a 1/2–

inch (1.27–cm) increase in the

minimum trawl mesh size; (3) an

increase in escape vent sizes for black

sea pots and traps; and (4) a decrease in

the possession limit that triggers the

requirement to utilize the black sea bass

minimum mesh size from 1,000 lb

(453.6 kg) year-round to 500 lb (226.8

kg) in Quarter 1 and 100 lb (45. 3 kg)

in Quarters 2 through 4. NMFS believes

it is reasonable to anticipate that the

conservation benefits associated with

these gear changes will offset the

increase in the TAL.

NMFS anticipates that a significant

number of additional small fish (< 11

inches (27.9 cm)) will escape, grow and

reproduce as a result of these measures.

The information that is available

indicates that a minimum fish size of 11

inches (27.9 cm) corresponds to the L25

(length at which 25 percent of fish are

retained) associated with the increased

minimum mesh size in the trawl fishery,

and the L50 (length at which 50 percent

of fish are retained) associated with the

increase in escape vent sizes. Also, a

recent study indicates substantive

changes in selectivity using a

rectangular vent size similar to that

recommended by the Council.

NMFS acknowledges that, if overall

fishing effort and exploitation are high,

any increase in spawning stock biomass

as a result of the gear changes would not

be realized. However, relative

exploitation indices in the black sea

bass fishery have significantly declined

since 1998. The combination of this

trend of decreasing exploitation and the

conservative gear modifications support

the higher TAL.

NMFS is also giving consideration to

the importance of maintaining a

consistent TAL between state and

Federal waters. Past instances of

divergent TALs, such as that noted in

Comment 3, have weakened the

effectiveness of the management

program. NMFS prefers, when possible,

to implement measures that are

consistent with those enacted by the

states.

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66355

Comment 5: One commenter wrote in

support of the proposed black sea bass

possession limits of 7,000 lb (3,175 kg)

for Quarter 1, and 2,000 lb (907 kg) for

Quarters 2-4. The commenter suggested

that the higher trip limits in Quarters 2–

4 were necessary to provide flexibility

to the states, which are considering

whether to establish more restrictive

landing limits. Two other commenters

were opposed to the proposed black sea

bass possession limits, and

recommended adoption of the

possession limits recommended by the

Black Sea Bass Monitoring Committee:

7,000 lb (3,175 kg) in Quarter 1; 1,000

lb (453.6 kg) in Quarter 2; 2,500 lb

(226.8 kg) in Quarter 3; and 750 lb

(340.2 kg) in Quarter 4. One of the

commenters opposed to the proposed

landing limits contended that the higher

limits would create a derby-style

fishery, wreak havoc with prices, and

result in a early closures of the quarterly

fisheries.

Response: The establishment of black

sea bass possession limits has been a

contentious issue since the FMP was

first fully implemented in 1996.

Through this final rule, NMFS is

implementing the possession limits that

were recommended by the Council at its

August 2001 meeting. These possession

limits were chosen as an appropriate

balance between the economic concerns

expressed by industry members, who

sought sufficient landings to make a trip

economically viable, and the objective

of maintaining quota availability over

the entire quota period. The

Commission’s Black Sea Bass Board

tabled its motion on possession limits

for further discussion. The higher

Federal limits imposed through this

final rule facilitate the implementation

by the states of more restrictive landings

limits, and provide the states with

flexibility in designing management

measures appropriate to their fisheries.

Comment 6: One commenter opposed

the increase in black sea bass escape

vent sizes, stating that wooden pots and

wire pots would have to be modified at

great cost as a result of the regulation.

The commenter felt that the

management measure would never pass

a cost-benefit analysis.

Response: Black sea bass are overexploited and at a low biomass level.

However, recruitment indices indicate

that exceptionally large year classes

were produced in 1999 and 2000.

Preliminary results indicate a poor 2001

year class. Therefore, the 1999 and 2000

black sea bass year classes must be

protected in order to allow for these fish

to grow to maturity so they can

reproduce and contribute to stock

rebuilding. As a result, the commercial

minimum fish size is being increased to

11 inches (27.94 cm). It is necessary

when increasing the minimum fish size

to implement measures that will modify

the gear used in the fishery

appropriately. Otherwise, fish smaller

than the minimum size will suffer

unnecessary mortality which would

reduce the effectiveness of the

minimum size measure. The increase in

the vent sizes is one such measure.

The Council analysis concluded that

the cost of replacing escape vents would

be minimal and indicated that some

industry members are already using

escape vents consistent with the new

requirement. It is expected that these

measures will ultimately produce both

short and long-term benefits as the black

sea bass stock continues to rebuild and

TALs are correspondingly increased.

Comment 7: One commenter

supported the proposed escape vent

sizes for black sea bass pots and traps.

Another commenter supported the

proposed sizes for circular (2–3/8 inch

(6.03–cm)) and square (2–inch (5.08–

cm)) escape vents, but was strongly

opposed to the proposed rectangular

escape vent size (1–3/8 x 5–3/4 inches

(3.49 x 14.60 cm)). The commenter

stated that, according to a 1994 study,

the proposed rectangular escape vent

size would allow 50-percent more 11–

inch (27.94–cm) fish to escape than a 1–

1/4 x 5-3/4–inch (3.175 x 14.60-cm)

escape vent. The commenter was also

opposed to any increase beyond 1–1/4

inches in the separation of lathes in

wooden pots. Another commenter

suggested requiring a 2–inch (5.08–cm)

mesh panel in the entire backside of the

black sea bass traps. The Council also

commented, as noted earlier, that the

regulations associated with lathe

spacing in wooden pots must also be

modified.

Response: The Council initially

adopted the 1–3/8 x 5–3/4–inch (3.49 x

14.60–cm) rectangular black sea bass

escape vent size at the suggestion of

industry members that attended the

August 2001 Council meeting. In the

proposed rule, NMFS specifically

requested additional comment from

industry members concerning the

appropriate sizes for escape vents for an

11–inch (27.94–cm) minimum fish size.

NMFS received few comments on this

issue, and does not believe there is a

basis to modify the proposed measures.

NMFS is making the lathe spacing

change recommended by the Council for

consistency.

Comment 8: One commenter

indicated that fishermen will not benefit

from an 11-inch (27.94–cm) minimum

black sea bass fish size because there

will be fewer small fish to sell and

prices for larger fish will decrease. The

commenter disputed the conclusion in

the Initial Regulatory Flexibility

Analysis (IRFA) that vessels are likely to

experience increased revenues in 2002

compared to 2001 because the

commenter believes that the market for

black sea bass has been severely

damaged by fishery closures and

reopenings.

Response: It is not possible to predict

accurately the direction and magnitude

of price changes for large fish that may

result as a consequence of this rule.

Therefore, the IRFA relied upon prices

from 2000. The IRFA concluded that

vessels will land more medium-sized

fish and fewer smaller-sized fish as a

result of increasing the minimum fish

size. Because larger fish have

historically commanded a higher price

per pound, the IRFA concluded that

fishers would benefit from the increase

in minimum fish size. The overall

conclusion in the IRFA that vessels

would experience increased revenues in

2002 is based upon the fact that the

commercial black sea bass quota is

being increased. It is possible that the

commenters point could prove to be

true. However, if it does, it would not

change the selection of the preferred

action because increasing the minimum

fish size and the associated gear

modifications are necessary to protect

recent strong year classes and, also, to

support the recommended black sea

bass TAL.

Classification

This final rule has been determined to

be not significant for purposes of

Executive Order 12866.

This action establishes annual quotas

and related management measures for

the summer flounder, scup and black

sea bass fisheries. If implementation of

the quota provisions and other

management measures is delayed,

NMFS will be prevented from carrying

out its function of preventing

overfishing of these three species. The

fisheries covered by this action will

begin making landings on January 1,

2002. If a delay in effectiveness is

required, and a quota were to be

harvested during a delayed effectiveness

period, the lack of effective quota

specifications would prevent NMFS

from closing the fishery. This could

result in large overages that would have

distributional effects on other quota

periods and might potentially

disadvantage some gear sectors.

Therefore, with the exception of the

sections pertaining to gear

modifications, the Assistant

Administrator for Fisheries, NOAA,

finds good cause under 5 U.S.C. 553

66356 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

(d)(3) to waive the 30–day delayed

effectiveness period for the quotas and

other management measures, and for the

closures of the fisheries in the States of

Delaware and Maine. In order to provide

sufficient time for industry participants

to make the gear modifications required

by §§ 648.14(a)(92), 648.14(u)(1),

648.123(a)(1), 648.143 (a), 648.144

(a)(1)(i), 648.144 (b)(2) and 648.145 (d),

NMFS is delaying the effectiveness of

these measures for 60 days following the

date of publication in the Federal

Register.

This rule does not contain policies

with federalism implications, as that

term is defined in Executive Order

13132.

The Council and NMFS prepared a

Final Regulatory Flexibility Analysis

(FRFA) for this action. The FRFA

includes comments on the IRFA,

responses contained herein, and a

summary of the analyses done in

support of these specifications. A copy

of the analysis is available from the

Regional Administrator (see

ADDRESSES). The preamble to the

proposed rule included a detailed

summary of the analyses contained in

the IRFA, and that discussion is not

repeated in its entirety here. A summary

of the FRFA follows:

A description of the reasons why

action by the agency is being taken and

the objectives of this final rule are

explained in the preambles to the

proposed rule and this final rule and are

not repeated here. This action does not

contain any collection-of-information,

reporting, or recordkeeping

requirements. It does not duplicate,

overlap, or conflict with any other

Federal rules.

Public Comments

Eleven comments were received on

the measures contained in the proposed

rule. Comments did not refer

specifically to the IRFA, but several

were related to economic impacts on

small entities (see responses to

comments 5, 6 and 8 in the preamble of

this final rule). No changes were made

to the measures outlined in the

proposed rule as a result of these

comments.

Number of Small Entities

The Council estimates that the

proposed 2002 quotas and management

measures could affect 1,969 vessels with

a Federal summer flounder, scup, and/

or black sea bass permit, as of

September 5, 2000. However, the more

immediate impact of this rule will likely

be felt by the 1,038 vessels that actively

participated in these fisheries in 2000

(as demonstrated by having landed

these species). These 1,038 vessels

include vessels holding only state

permits.

Minimizing Significant Economic

Impact on Small Entities

In the FRFA, NMFS analyzed the

measures being implemented in this

action. Economic impacts are being

minimized to the extent practicable

with the measures being implemented

in this final rule, while being consistent

with the target fishing mortality rates or

target exploitation rates specified in the

FMP. The FRFA analysis compared the

effects of the 2002 measures, following

adjustment for known overages at the

time of the analysis, to 2000 landings,

the most recent year for which complete

data are available. Three alternative

combinations of summer flounder, scup

and black sea bass landings (commercial

and recreational) were evaluated (see

Table 9 below).

TABLE 9.—COMPARISON OF THE ALTERNATIVE COMBINATIONS OF COASTWIDE COMMERCIAL QUOTA

AND RECREATIONAL HARVEST LIMITS REVIEWED. ‘‘FLK’’ IS SUMMER FLOUNDER.

Commercial Quota Recreational

Harvest Limit

Quota Alternative 1 (Preferred Alternative)

FLK Preferred Alternative 14,578,288 9,720,000

Scup Preferred Alternative 8,000,000 2,770,000

Black Sea Bass Preferred Alternative 3,332,000 3,470,000

Quota Alternative 2 (Status Quo, Most Restrictive)

FLK Status Quo 10,747,535 7,160,000

Scup Status Quo 4,444,600 1,770,000

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

Black Sea Bass Status Quo 3,024,770 3,150,000

Quota Alternative 3 (Least Restrictive)

FLK Non-Selected Alternative 3 20,878,658 13,900,000

Scup Non-Selected Alternative 3 9,530,000 3,200,000

Black Sea Bass Non-Selected Alternative 3 3,970,960 4,130,000

The measures implemented by this

rule would likely result in revenue

increases for the 1,038 commercial

vessels expected to be impacted by this

rule. Alternative 3 would have

established quotas higher than those

established by this rule for each of the

three species. This alternative would

likely result in revenue increases to the

1,038 commercial vessels expected to be

impacted under this rule, greater than

the expected revenue increases under

the preferred alternative. However,

alternative 3 was not selected for

implementation because these quotas

are too risk prone in terms of achieving

the FMP’s annual target F levels or

target exploitation rates.

The impacts of the three alternatives

on recreational fishers were evaluated

by comparing the recreational harvest

limits to the recreational landings in

2000, the most recent year for which

complete data are available. For both

summer flounder and scup, any of the

three alternatives considered would

require more restrictive management

measures to be established, because

landings in 2000 exceeded even the

highest recreational harvest limit in

Alternative 3. For black sea bass,

Alternative 3 may have allowed

management measures to be less

restrictive because Alternative 3

represents a 14–percent increase in the

recreational harvest limit. However,

black sea bass Alternative 2 establishes

a harvest limit nearly identical to the

2000 recreational landings level, so it is

not expected to have negative impacts.

The effect of more restrictive

recreational measures cannot be

estimated, but could affect demand for

party/charter boat trips. However, party/

charter activity in the 1990s has

remained relatively stable, so the effects

are expected to be minimal.

The modification of the level at which

the scup Winter I possession limit is

decreased from 10,000 lb (4,536 kg) to

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations 66357

1,000 lb (453 kg) is modified slightly by

this rule. Previously, the possession

limit was decreased when 75 percent of

the quota allocated to the Winter I

period was projected to be harvested;

this rule modifies the level to 80

percent. This change is anticipated to

have a minimal impact on the fishery.

The gear modifications required for

participants in the scup and black sea

bass fisheries do not modify the amount

of quota allocated to the fishery, and

therefore, are not projected to impact

revenues directly. The modifications

themselves will have associated costs,

estimated at $775 to $1,354 per net for

the trawl gear requirement. The costs

associated with changes to the vent

sizes in pot and trap gear are projected

to be minimal.

The change to the minimum fish size

for black sea bass landed by the

commercial fishery is projected to

generate a benefit to fishers, based on

the fact that fishers received a higher

price per pound for fish in the larger

size category in 2000.

This rule does not establish a research

quota set-aside for summer flounder, but

does establish such set-asides for scup

and black sea bass. The existence of the

set-asides does not alter the total

revenues in any of the three fisheries,

since the fish are projected to be

harvested either by the commercial and

recreational fisheries, or through

research-related activity.

In summary, the commercial quotas

and recreational harvest limits

contained in this final rule will result in

increased landings and revenues for

each of the species, most notably for

summer flounder and scup, yet still

achieve 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

possession limits for scup and black sea

bass that are being implemented balance

the need to provide for economically

viable fishing trips with the need to

ensure an equitable distribution of the

quota over the entire period. The gear

modifications in the black sea bass

fishery (increased minimum trawl mesh

size and pot/trap escape vents) will

impose some initial compliance costs,

but are needed to complement the

increase in minimum commercial fish

size and the increase in the black sea

bass TAL. Similarly, the modification to

scup trawl nets will impose initial

compliance costs, but will allow for

additional escapement of undersized

fish and provide for future increases in

exploitable biomass. The economic

effects of the existing GRAs will not

change as a result of this proposed rule.

The disapproved alternative that would

allow small-mesh vessels to fish for

non-exempt species in the GRAs was

not selected because the research

supporting the alternative was deemed

by NMFS to be too preliminary, and

therefore, causative of an unacceptable

risk to increased juvenile scup

mortality. Finally, the revenue decreases

associated with the research set-asides

are expected to be minimal, and are

expected to yield important long-term

benefits associated with improved data.

It should also be noted that fish

harvested under the research set-asides

would be sold. As such, total gross

revenue to the industry would not

decrease if the research set asides are

utilized.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: December 18, 2001.

William T. Hogarth,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 648 is amended

as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:

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

2. In § 648.14, paragraphs (a)(92) and

(u)(1) are revised to read as follows:

§ 648.14 Prohibitions.

(a) * * *

(92) Fish for, catch, possess, land, or

retain black sea bass in or from the EEZ

north of 35°15.3 N. lat. (the latitude of

Cape Hatteras Light, NC, to the U.S.-

Canadian border) in excess of the

amount specified in § 648.145 (a).

* * * * *

(u) * * *

(1) Fish for, catch, possess, land, or

retain black sea bass in excess of the

amount specified in

§ 648.144(a)(1)(i)(i.e. 500 lb (226.8 kg)

from January 1 through March 31, or

100 lb (45.4 kg) from April 1 through

December 31), unless the vessel meets

the minimum mesh requirement

specified in § 648.144 (a).

* * * * *

3. In § 648.123, paragraph (a)(1) is

revised to read as follows:

§ 648.123 Gear restrictions.

(a) * * *

(1) Minimum mesh size. The owners

or operators of otter trawlers who are

issued a scup moratorium permit and

who possess 500 lb (226.8 kg) or more

of scup from November 1 through April

30, or 100 lb (45.4 kg) or more of scup

from May 1 through October 31, must

fish with nets that have a minimum

mesh size of 4.5 inches (11.43 cm)

diamond mesh for no more than 25

continuous meshes forward of the

terminus of the codend, and with at

least 100 continuous meshes of 5.0-inch

(12.7–cm) mesh forward of the 4.5-inch

(11.43–cm) mesh. For trawl nets with

codends (including an extension) less

than 125 meshes, the entire trawl net

must have a minimum mesh size of 4.5

inches (11.43 cm) throughout the net.

Scup on board these vessels shall be

stored separately and kept readily

available for inspection.

* * * * *

4. In § 648.143, paragraph (a) is

revised to read as follows:

§ 648.143 Minimum sizes.

(a) The minimum size for black sea

bass is 11 inches (27.94 cm) total length

for all vessels issued a moratorium

permit under § 648.4 (a)(7) that fish for,

possess, land or retain black sea bass in

or from U.S. waters of the western

Atlantic Ocean from 35′ 15.3 N. Lat., the

latitude of Cape Hatteras Light, North

Carolina, northward to the U.S.-

Canadian border. The minimum size

may be adjusted for commercial vessels

pursuant to the procedures in § 648.140.

* * * * *

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

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

§ 648.144 Gear restrictions.

(a) * * *

(1) * * *

(i) Otter trawlers whose owners are

issued a black sea bass moratorium

permit and that land or possess 500 lb

(226.8 kg) or more of black sea bass from

January 1 through March 31, or 100 lb

(45.4 kg) or more of black sea bass from

April 1 through December 31, must fish

with nets that have a minimum mesh

size of 4.5 inch (11.43-cm) diamond

mesh applied throughout the codend for

at least 75 continuous meshes forward

of the terminus of the net, or for

codends with less than 75 meshes, the

entire net must have a minimum mesh

size of 4.5 inch (11.43-cm) diamond

mesh throughout.

* * * * *

(b) * * *

(2) All black sea bass traps or pots

must have an escape vent placed in a

66358 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Rules and Regulations

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); or

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;

however, 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

dimensions for escape vents and lathe

spacing may be adjusted pursuant to the

procedures in § 648.140.

* * * * *

6. In § 648.145, paragraph (d) is

revised to read as follows:

§ 648.145 Possession limit

* * * * *

(d) Owners or operators of otter trawl

vessels issued a moratorium permit

under § 648.4 (a)(7) and fishing with, or

possessing on board, nets or pieces of

net that do not meet the minimum mesh

requirements specified in § 648.144(a)

and that are not stowed in accordance

with § 648.144 (a)(4), may not retain

more than 500 lb (226.8 kg) of black sea

bass from January 1 through March 31,

or more than 100 lb (45.4 kg) of black

sea bass from April 1 through December

31. Black sea bass on board these vessels

shall be stored so as to be readily

available for inspection in a standard

100–lb (45.4 kg) tote.

[FR Doc. 01–31637 Filed 12–19–01; 4:00 pm]

BILLING CODE 3510–22–S