Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2002 Specifications

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 26, 2001 (Volume 66, Number 247)]
[Rules and Regulations]
[Page 66348-66358]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de01-18]

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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
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 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_MAX, the level
of fishing that produces maximum yield per recruit. Best available data
indicate that F_MAX 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
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.

[[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

Notices For
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Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; 2002 Specifications

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