[Federal Register Volume 66, Number 247 (Wednesday, December 26, 2001)]
[Rules and Regulations]
[Pages 66348-66358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31637]


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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

[[Page 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 
<a href="/cdn-cgi/l/email-protection#1e6c777d75307f306e7b7f6c6d71705e70717f7f30797168"><span class="__cf_email__" data-cfemail="85f7ece6eeabe4abf5e0e4f7f6eaebc5ebeae4e4abe2eaf3">[email protected]</span></a>.

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 deg.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 Secs. 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 F<INF>MAX</INF>, the level 
of fishing that produces maximum yield per recruit. Best available data 
indicate that F<INF>MAX </INF> 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 set-aside 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

[[Page 66350]]

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
----------------------------------------------------------------------------------------------------------------
                                          2001 Quota\1\        Reported 2001 Landings   Preliminary 2001 Overage
                                   --------------------------     through 10/31/01     -------------------------
               State                                         --------------------------
                                         Lb         Kg\2\          Lb         Kg\2\          Lb         Kg\2\
----------------------------------------------------------------------------------------------------------------
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  ...........  ...........
                                   -----------------------------------------------------------------------------
Total\4\                             10,416,903    4,725,028    8,175,906    3,708,528               ...........
----------------------------------------------------------------------------------------------------------------
\1\ Reflects quotas as published on September 12, 2001 (66 FR 47413).
\2\ Kilograms are as converted from pounds and may not necessarily add due to rounding
\3\ Parentheses indicate a negative number.
\4\ Total 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                               2002 Initial Quota        2001 Quota Overages       Adjusted 2002 Quota
                                                                 Percent   --------------------------    (through 10/31/01)    -------------------------
                            State                                 Share                              --------------------------
                                                                                 Lb         Kg\1\          Lb         Kg\1\          Lb         Kg\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
                                                              ------------------------------------------------------------------------------------------
Total\3\                                                            100.00   14,578,288    6,612,600  ...........  ...........   14,513,221   6,583,086
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\2\ Parentheses indicate a negative number.
\3\ Total 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 Sec. 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

[[Page 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
----------------------------------------------------------------------------------------------------------------
                                          2001 Quota\1\        Reported 2001 Landings    2001 Overages as of 10/
                                   --------------------------     through 10/31/01                31/01
           Quota Period                                      ---------------------------------------------------
                                         Lb         Kg\2\          Lb         Kg\2\          Lb         Kg\2\
----------------------------------------------------------------------------------------------------------------
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/a\3\       n/a\3\       n/a\3\       n/a\3\
                                   -----------------------------------------------------------------------------
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).
\2\ Kilograms 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Commercial Quota          Possesion Limits
                                                                                                     ---------------------------------------------------
                            Period                               Percent       TAC\1\    Discards\2\      W/O
                                                                                                        Research    W/Research       Lb           Kg
                                                                                                       Set-Aside    Set-Aside
--------------------------------------------------------------------------------------------------------------------------------------------------------
Winter I                                                             45.11    4,546,005      937,205    3,608,800    3,534,153    10,000\3\        4,536
                                                                            (2,062,033)    (425,109)  (1,636,924)  (1,603,065)
Summer                                                               38.95    3,925,225      809,225    3,116,000    3,051,546         n/a*  ...........
                                                                            (1,780,452)    (367,058)  (1,413,394)  (1,384,158)
Winter II                                                            15.94    1,606,370      331,170    1,275,200    1,248,823        2,000          907
                                                                              (728,637)    (150,216)    (578,421)    (566,456)
                                                              ------------------------------------------------------------------------------------------
Total\4\                                                            100.00   10,077,600    2,077,600    8,000,000    7,834,522
                                                                            (4,571,122)    (942,383)  (3,628,739)  (3,553,679)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Total allowable catch in pounds (kilograms in parentheses).
\2\ Discard estimates in pounds (kilograms in parentheses).
\3\ The Winter I landing limit will drop to 1,000 lb (454 kg) upon attainment of 80 percent of the seasonal allocation.
\ 4\ Totals subject to rounding error.
\ 5\ Kilograms 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.

[[Page 66352]]



                        TABLE 5.-- FINAL 2002 COMMERCIAL SCUP QUOTA ALLOCATI0NS BY PERIOD
----------------------------------------------------------------------------------------------------------------
                                      2002 Initial Quota\1\      2001 Quota Overages        Preliminary 2002
                                   --------------------------     through 10/31/01           Adjusted Quota
           Quota Period                                      ---------------------------------------------------
                                         Lb         Kg\2\          Lb         Kg\2\          Lb         Kg\2\
----------------------------------------------------------------------------------------------------------------
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/a\3\       n/a\3\    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.
\2\ Kilograms 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 non-exempt species 
into the scup Gear Restricted Areas (GRAs) without NMFS-certified 
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
----------------------------------------------------------------------------------------------------------------
                                          2001 Quota\1\        Reported 2001 Landings    2001 Overages as of 10/
                                   --------------------------     through 10/31/01                31/01
              Quarter                                        ---------------------------------------------------
                                         Lb          Kg\2\         Lb         Kg\2\          Lb         Kg\2\
----------------------------------------------------------------------------------------------------------------
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/a\3\       n/a\3\       n/a\3\       n/a\3\
                                   -----------------------------------------------------------------------------
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).
\2\ Kilograms are as converted from pounds and may not necessarily add due to rounding.
\3\ Not applicable.


[[Page 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        Commercial Quota                      Possession Limits
                                                                             ---------------------------------------------------------------------------
                            Quarter                                Percent        TAL\1\ W/O
                                                                                Research Set-    TAL With Research          Lb                 Kg
                                                                                    Aside            Set-Aside
--------------------------------------------------------------------------------------------------------------------------------------------------------
Quarter 1                                                              38.64          1,287,485          1,273,094              7,000              3,175
                                                                                   (583,993)\2\          (577,466)
Quarter 2                                                              29.26            974,943            964,046              2,000                907
                                                                                      (442,227)          (437,284)
Quarter 3                                                              12.33            410,836            406,244              2,000                907
                                                                                      (186,352)          (184,269)
Quarter 4                                                              19.77            658,736            651,374              2,000                907
                                                                                      (298,798)          (295,458)
                                                                ----------------------------------------------------------------------------------------
Total\2\                                                              100.00          3,332,000          3,294,758
                                                                                    (1,511,370)        (1,494,477)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Total allowable landings in pounds (kilograms in parentheses).
\2\ Totals 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
----------------------------------------------------------------------------------------------------------------
                                      2002 Initial Quota\1\      2001 Quota Overages        Preliminary 2002
                                   --------------------------     through 10/31/01           Adjusted Quota
              Quarter                                        ---------------------------------------------------
                                         Lb          Kg\2\         Lb         Kg\2\          Lb         Kg\2\
----------------------------------------------------------------------------------------------------------------
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/a\3\       n/a\3\      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.
\2\ Kilograms 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 
Sec. 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

[[Page 66354]]

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 
L<INF>25</INF> (length at which 25 percent of fish are retained) 
associated with the increased minimum mesh size in the trawl fishery, 
and the L<INF>50</INF> (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.

[[Page 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 over-exploited 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

[[Page 66356]]

(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 
Secs. 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.
----------------------------------------------------------------------------------------------------------------
                                                                                                  Recreational
                                                                             Commercial Quota    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

[[Page 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 Sec. 648.14, paragraphs (a)(92) and (u)(1) are revised to 
read as follows:


Sec. 648.14  Prohibitions.

    (a) * * *
    (92) Fish for, catch, possess, land, or retain black sea bass in or 
from the EEZ north of 35 deg.15.3 N. lat. (the latitude of Cape 
Hatteras Light, NC, to the U.S.-Canadian border) in excess of the 
amount specified in Sec. 648.145 (a).
* * * * *
    (u) * * *
    (1) Fish for, catch, possess, land, or retain black sea bass in 
excess of the amount specified in Sec. 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 Sec. 648.144 (a).
* * * * *

    3. In Sec. 648.123, paragraph (a)(1) is revised to read as follows:


Sec. 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 Sec. 648.143, paragraph (a) is revised to read as follows:


Sec. 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 
Sec. 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 Sec.  648.140.
* * * * *

    5. In Sec. 648.144, paragraph (a)(1)(i) and (b)(2) are revised to 
read as follows:


Sec. 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

[[Page 66358]]

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 Sec. 648.140.
* * * * *

    6. In Sec. 648.145, paragraph (d) is revised to read as follows:


Sec. 648.145  Possession limit

* * * * *
    (d) Owners or operators of otter trawl vessels issued a moratorium 
permit under Sec. 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 Sec.  648.144(a) and that are not stowed in 
accordance with Sec. 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


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