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Fisheries of the Northeastern United States; Recreational Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries Fishing Year 2002
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 23, 2002 (Volume 67, Number 100)]
[Proposed Rules]
[Page 36139-36146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my02-28]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 010710173-2088-04; I.D. 032102A]
RIN 0648-AO91
Fisheries of the Northeastern United States; Recreational
Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries
Fishing Year 2002
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments; proposed technical
correction.
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SUMMARY: NMFS proposes recreational measures for the 2002 summer
flounder, scup, and black sea bass fisheries. The implementing
regulations for these fisheries require NMFS to publish recreational
measures for the upcoming fishing year and to provide an opportunity
for public comment. The intent of these measures is to prevent
overfishing of the summer flounder, scup, and black sea bass resources.
DATES: Public comments must be received on or before June 7, 2002.
ADDRESSES: Comments on the proposed recreational specifications should
be sent to Patricia A. Kurkul, Regional Administrator, Northeast
Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.
Copies of supporting documents used by the Summer Flounder, Scup,
and Black Sea Bass Monitoring Committees and of the Environmental
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA) are available from Daniel Furlong, Executive
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal
Building, 300 South Street, Dover, DE 19901-6790. The EA/RIR/IRFA is
accessible via the Internet at http://www.nero.nmfs.gov/ro/doc/
nero.html. 
FOR FURTHER INFORMATION CONTACT: 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 Fishery Management Plan for the Summer
Flounder, Scup, and Black Sea Bass Fisheries (FMP) and its implementing
regulations (50 CFR part 648, subparts G, H, and I) describe the
process for specifying annual recreational measures that apply in the
Federal Exclusive Economic Zone (EEZ). The states manage these
fisheries within three miles of their coast, under the Commission's
Interstate FMP. The Federal regulations govern vessels fishing in the
EEZ, which extends beyond three miles, as well as vessels possessing a
Federal fisheries permit, regardless of where they fish. The FMP
established Monitoring Committees (Committees) for each of the three
fisheries, consisting of representatives from the Atlantic States
Marine Fisheries Commission (Commission), the Mid-Atlantic Fishery
Management Council (Council), the New England and South Atlantic
Fishery Management Councils, and NMFS.
The FMP and its implementing regulations require the Committees to
review scientific and other relevant information annually and to
recommend measures necessary to achieve the recreational harvest limits
established for the summer flounder, scup, and black sea bass
fisheries. The FMP limits these measures to minimum fish size,
possession limit, and closed seasons.
[[Page 36140]]
The Council's Demersal Species Committee and the Commission's
Summer Flounder, Scup, and Black Sea Bass Board (Board) then consider
the Committees' recommendations and any public comment in making their
recommendations to the Council and the Commission, respectively. The
Council then reviews the recommendations of the Demersal Species
Committee, makes its own recommendations, and forwards them to NMFS for
review. The Commission similarly adopts recommendations for the states.
NMFS is required to review the Council's recommendations to ensure that
they are consistent with the targets specified for each species in the
FMP.
Final specifications for the 2002 summer flounder, scup and black
sea bass fisheries were published at 66 FR 66348, December 26, 2001.
These specifications include a coastwide recreational harvest limit of
9.72 million lb (4.40 million kg) for summer flounder, 2.71 million lb
(1.23 million kg) for scup, and 3.43 million lb (1.55 million kg) for
black sea bass. Those specifications do not establish recreational
measures, since final recreational catch data were not available when
the Council made its recreational harvest limit recommendation to NMFS.
Summer Flounder
The 2002 final specifications established Total Allowable Landings
(TAL) for summer flounder of 24.3 million lb (11.02 million kg),
consistent with the FMP's target fishing mortality rate (F) of 0.26.
The specifications divided the summer flounder TAL into a commercial
quota of 14.58 million lb (6.61 million kg) and a recreational harvest
limit of 9.72 million lb (4.40 million kg).
In 2000, recreational landings were 15.82 million lb (7.17 million
kg), the highest landings since 1987. In 2001, the Council and the
Board implemented a recreational harvest limit of 7.16 million lb (3.25
million kg), the lowest recreational limit since the FMP went into
effect in 1992. To achieve the 2001 recreational harvest limit, most
coastal states from Maine through North Carolina established measures
in state waters that were significantly more restrictive than the 2000
recreational summer flounder measures. NMFS similarly implemented
restrictive measures for the EEZ (66 FR 39288, July 30, 2001). Despite
these measures, 2001 Marine Recreational Statistics Survey (MRFSS) data
project recreational summer flounder landings to be 11.54 million lb
(5.23 million kg). Thus, assuming recreational fishing effort in 2002
will be similar to that in 2001, a 16 percent reduction in recreational
landings is needed to achieve the recreational harvest limit of 9.72
million lb (4.40 million kg) established for 2002. However, in 2001,
some states implemented higher minimum size limits and possession
limits than the proposed limits in 2002. In addition, most states
implemented differing seasons. Taking into consideration state-specific
measures implemented in 2001, adjusted projected landings would be
13.22 million lb (5.99 million kg). As such, the overall percent
reduction required to achieve the 2002 harvest limit of 9.72 million lb
(4.41 million kg) would be 27 percent for 2002.
On July 11, 2001, NMFS published a final rule in the Federal
Register to implement Framework Adjustment 2 to the FMP (66 FR 36208).
This framework implemented a process that makes conservation
equivalency a management option for the summer flounder recreational
fishery. Conservation equivalency allows each state to establish its
own recreational management measures (possession limit, minimum fish
size, and season time and duration) as long as the combined effect of
all of the states' management measures achieve the same level of
conservation as Federal coastwide measures developed to achieve the
recreational harvest limit would, if implemented by all of the states
(i.e., both would have equivalent Fs).
If NMFS approves and implements conservation equivalency, then NMFS
would waive Federal recreational measures that would otherwise apply in
the EEZ. Federally permitted vessels as well as vessels fishing in the
EEZ, would be subject to the recreational fishing measures implemented
by the state in which the fish are landed. The Council and Board
recommend annually either conservation equivalency (whereby states
develop state-specific measures) or coastwide management measures
(whereby all states adopt the same measures as the Federal measures)
for the summer flounder recreational fishery to ensure that the
recreational harvest limit will not be exceeded.
If the Council and the Board recommend conservation equivalency,
they must also recommend coastwide management measures that would be
implemented if, following NMFS review and public comment, conservation
equivalency is not implemented in the final rule. In addition, the
Council and the Board must recommend precautionary default measures
that would apply in states that either do not submit conservation
equivalency proposals to the Board, or whose management proposals are
not approved by the Board. The precautionary default measures are
defined as the set of measures that would achieve the greatest
reduction in landings required for any state.
For 2002, the Council and Board voted to recommend conservation
equivalency to achieve the required 16-percent reduction in total
landings for the recreational summer flounder fishery.
As required when conservation equivalency is recommended, the
Council and Board also specify precautionary default measures.
Precautionary default measures are defined as measures that would
achieve at least the overall required reduction in landings for each
state. The Precautionary Approach Alternative adopted by the Council
and Board consists of an 18 inch (45.72 cm) total length (TL) minimum
fish size, a possession limit of one fish per person, and no closed
season. Because the precautionary default must be restrictive enough to
achieve the necessary reductions in the state requiring the greatest
reductions, in most states application of the precautionary default
would achieve higher than necessary reductions. The precautionary
default measures would reduce state specific landings by 41 (Delaware)
to 88.2 percent (North Carolina). As specified in Framework 2 to the
Summer Flounder, Scup and Black Sea Bass FMP, specific states that fail
to implement conservation equivalent measures would be required to
implement precautionary default measures.
Finally, the coastwide alternative recommended by the Council and
Board to be implemented in the EEZ if conservation equivalency is not
implemented, includes a possession limit of eight fish/person, a
minimum fish size of 17 inches (43.18 cm) TL, and no closed season. The
recommended coastwide alternative would reduce recreational landings by
30 percent, assuming the coastwide regulations are implemented by all
states. For comparative purposes, the existing coastwide summer
flounder measures include a 15.5-inch (39.37 cm) minimum fish size, a
3-fish possession limit and an open season from May 25 through
September 4.
The Commission has established conservation equivalency guidelines
that require each state, using state-specific tables, to determine and
implement an appropriate possession limit, size limit, and closed
season to achieve the landings reduction
[[Page 36141]]
necessary for each state. The state-specific tables are adjusted to
account for the past effectiveness of the regulations in each state. As
specified by the guidelines adopted by the Atlantic States Marine
Fisheries Commission (ASMFC) and put forth in Addendum III to the
Summer Flounder, Scup, and Black Sea Bass FMP, based upon the number of
fish landed in 1998 (the control year) and projected to have been
landed in 2001, the percent reduction in landings required by the
states for 2002 (relative to 2001) are: Rhode Island: 5 percent; New
Jersey: 16.7 percent; Delaware: 3.5 percent; Maryland: 5.3 percent;
Virginia: 43.8 percent; and North Carolina: 28.4 percent.
Massachusetts, Connecticut and New York do not require any reductions
in recreational summer flounder landings if their current regulations
are maintained.
1998 landings data were used to establish baseline state-by-state
share ratios because this was the last year that all states had the
same management regulations in place. Then, 2000 and 2001 landings data
were used to set the landings reduction requirements for the 2002
recreational fishing year. Based on these data, it was concluded that
2001 landings were higher than the target for 2002, thus the 2002 quota
is a reduction over 2001.
The Board required each state to submit its conservation
equivalency proposal to the Commission by January 15, 2002. The
Commission's Summer Flounder Technical Committee has since evaluated
the proposals and advised the Board of each proposal's consistency with
respect to achieving the coastwide recreational harvest limit. After
the Technical Committee evaluation, the Board met on February 21, 2002
to approve or disapprove each state's proposal. The Commission invited
public participation in its review process by holding public meetings
and offering the public the opportunity to comment on the state
proposals. During the comment period, the Commission will notify NMFS
as to which state proposals have been approved or disapproved. Although
the public is not formally advised of the Commission's recommendation
regarding conservation equivalency during the comment period on this
proposed rule, the information is available from the Commission or
NMFS, after such notification.
If, at the final rule stage, the Commission recommends and NMFS
accepts conservation equivalency, then NMFS would waive the Federal
recreational measures that would otherwise apply in the EEZ. Federally
permitted vessels as well as vessels fishing in the EEZ, would be
subject to the recreational fishing measures implemented by the state
in which it lands. States that do not submit proposals or whose
proposals were disapproved by the Commission would be required by the
Commission to adopt the precautionary default measures. The Commission
would allow states that had been assigned the precautionary default
measures to resubmit revised management measures and ASMFC would notify
NMFS of any resubmitted proposals that were approved after publication
of the final rule implementing the recreational specifications.
Afterwards, NMFS would publish a notice in the Federal Register to
notify the public of any changes in the state's management measures.
NMFS is proposing to either approve and defer to the state
conservation equivalency measures approved and recommended by the
Commission or to implement the coastwide alternative in this proposed
rule. If conservation equivalency is approved, the final rule would
waive Federal recreational summer flounder measures (possession limit,
size limit, and season) for federally permitted, charter/party permit
holders and recreational vessels fishing for summer flounder in the
Exclusive Economic Zone (EEZ). Those vessels would be required to abide
by the requirements enacted by the state in which they land summer
flounder.
Scup
The 2002 specifications for scup implemented a recreational harvest
limit of 2.71 mlb (1.23 million kg), consistent with the FMP target
exploitation rate for scup, of 21 percent for the 2002 fishing year.
The 2001 MRFSS data projected 2001 recreational scup landings to be
4.97 million lb (2.25 million kg). Assuming the same level of fishing
effort will exist in 2002, the MRFSS data indicate that a reduction in
landings will be necessary.
However, the landings data alone were not used to determine the
necessary reductions for 2002. The effectiveness of the measures was
also investigated and the Commission and Council found that they were
not 100 percent effective due to discrepancies in landings data, which
did not comply with the management measures set by the regulations. For
example, some fish were landed over or under the bag limit and
possession limit. These data were removed from the analyses and the
data were re-analyzed to obtain more accurate estimates of landings
that fall within the required measures. Likewise, any discrepancies
that occurred as a result of landings obtained outside the closed
season of the previous year were removed. As a result, the projected
2001 recreational landings increased to 6.37 million lb (2.89 million
kg) and the estimated reduction in landings necessary for 2002
increased to 57.4 percent.
The Council voted to recommend the following measures: A 10-inch
(25.40-cm) TL minimum fish size, a 50-fish per person possession limit,
and open seasons from January 1 through February 28 and from July 1
through October 31. For comparative purposes, the current scup
recreational measures in the EEZ are a 9-inch (22.86 cm) minimum fish
size, a 50-fish possession limit and an open season from August 15
through October 31. It was estimated that the Council's recommended
scup measures would reduce recreational landings by only 30 percent,
although a 57.4-percent reduction is necessary. The Council believes,
however, that their recommended measures would have more impact than
the analysis of the MRFSS data indicates, based on industry comment at
the December 2001 Council meeting.
The Commission postponed action on scup at its December meeting and
advised its staff to prepare an addendum to its Interstate FMP for Scup
that would include state-by-state conservation equivalency and other
measures. On February 21, 2002, the Commission approved Addendum VII to
the Commission's Interstate Scup FMP, which allows states from
Massachusetts through New York to develop state-specific management
measures. For New Jersey, which has limited recreational scup landings
data, the Commission approved a 10-inch (25.40-cm) TL minimum size, a
50-fish possession limit, and an open season from July 1 through
October 31.
Due to low scup landings in more southern states, the Commission
approved the retention of existing recreational scup measures in
Delaware, Maryland, Virginia, and North Carolina. Because the Federal
FMP does not contain provisions for conservation equivalency, and
states may adopt their own unique measures under Addendum VII to the
Commission's Interstate FMP, it is likely that state and Federal
recreational scup measures will differ for the 2002 season.
Disapproval of Council's Preferred Scup Alternative and Request for
Public Comment
After careful review, NMFS has decided to disapprove the Council's
scup recommendation (i.e Council's
[[Page 36142]]
Preferred Scup Alternative) because the analysis indicates that
accepting this recommendation would result in landings of approximately
4.46 million lb (2.02 million kg), which is well above the scup
recreational harvest limit of 2.71 million lb (1.23 million kg)
established for 2002. Thus, the Council's recommended measures are not
consistent with the requirements of the FMP.
The Council submission also analyzed the following three
alternatives that could reduce recreational landings by the required
57.4 percent: (1) A 10-inch (25.4-cm) TL minimum fish size, a 20-fish
per person possession limit, and open seasons from January 1 through
February 28 and from July 1 through October 2; (2) a 9-inch (22.86-cm)
TL minimum fish size, a 20-fish per person possession limit, and open
seasons from January 1 through February 28 and from September 2 through
October 31; and (3) a 9-inch (22.86-cm) TL minimum fish size, a 50-fish
possession limit, and open seasons from January 1 through February 28
and from October 8 through October 31. NMFS is hereby requesting public
comment on the first two of these alternatives (defined later in this
document and referred to as NMFS Scup Alternatives 1 and 2) for
possible implementation in the final rule. These two alternatives have
been determined by the Council to achieve the landings reductions
needed to achieve the FMP's target exploitation rate. The third
alternative (Scup Alternative 3), which would allow only a 24-day open
season during the prime fishing period, is not being further considered
for implementation by NMFS. The impacts associated with NMFS Scup
Alternatives 1 and 2 are described in the Council's submission and are
summarized in the Classification section of this proposed rule.
NMFS is proposing NMFS Scup Alternative 2 for publication in the
proposed regulatory text. However, depending upon public comment, NMFS
may instead implement Scup Alternative 1. Should Scup Alternative 1
ultimately be chosen, NMFS will publish the corresponding regulations
in the final rule.
Black Sea Bass
The 2002 specifications implemented a black sea bass recreational
harvest limit of 3.43 mlb (1.56 million kg), consistent with the FMP's
target exploitation rate of 37 percent established for the 2002 fishing
year. The 2001 MRFSS data projected recreational scup landings during
2001 to be 3.64 million lb (1.65 million kg). As in the case of scup,
landings data were adjusted using the method devised by the Council's
and Commission's Technical Committee to reflect the effectiveness of
the various measures in 2001. Using this method, the projected 2001
recreational black sea bass landings increased to 3.88 million lb (1.76
million kg). Therefore, a 12-percent reduction in landings is estimated
to be necessary for 2002.
The Council recommended the following black sea bass measures for
the 2002 fishery: An 11.5-inch (29.21-cm) TL minimum fish size, a 25-
fish per person possession limit, and no closed season. For comparative
purposes, the current black sea bass regulations include an 11-inch
(27.94 cm) minimum fish size, a 25-fish possession limit, and a March 1
through May 9 closed season. The Commission's Black Sea Bass Board
adopted the same measures for 2002 as the Council at its December 2001
meeting. These measures should reduce recreational landings by 16
percent, if they are in compliance with the 85 percent criteria as
adopted by the Black Sea Bass Monitoring Committee. NMFS has reviewed
the Council's analyses of these measures and is publishing its
preferred alternative in this proposed rule without modification.
Correction
This proposed rule contains a proposed technical correction. In a
recent final rule (67 FR 6877, February 14, 2002), the existing
introductory text to Sec. 648.100 was inadvertently removed. This
proposed rule contains the introductory text that was inadvertently
removed.
Classification
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Council and NMFS prepared an IRFA that describes the economic
impact this proposed rule would have on small entities, if adopted. A
copy of the complete IRFA can be obtained from the Council (see
ADDRESSES) or via the Internet at http://www.nero.nmfs.gov. A summary
of the analysis follows.
This preamble includes a description of the proposed action, why it
is being considered, and the legal basis for this proposed action. This
proposed rule does not duplicate, overlap, or conflict with other
Federal rules. There are no new reporting or recordkeeping requirements
contained in the Preferred Alternative or any of the alternatives
considered for this action. A description of the action, why it is
being considered, and the legal basis for this action are contained in
the preamble to this proposed rule.
The Council's IRFA examined the economic impacts of alternative
sets of recreational management measures for the summer flounder, scup
and black sea bass fisheries. The economic impacts are fully described
in the EA/RIR/IRFA. The proposed action could affect any recreational
angler who fishes for summer flounder, scup or black sea bass. However,
this summary of the IRFA focuses upon the impacts on party/charter
vessels issued a Federal permit for summer flounder, scup, and/or black
sea bass because these vessels can be specifically identified in the
Federal vessel permit database and would be impacted by the
recreational measures, regardless of whether they fish in Federal or in
state waters. Although other recreational fishers are likely to be
impacted, they are not considered small entities nor is there a permit
requirement to participate in these fisheries.
In the IRFA, NMFS estimated that the proposed measures could affect
any of the 738 vessels possessing a Federal charter/party permit for
summer flounder, scup and/or black sea bass in 2000, the most recent
year for which complete permit data are available. Only 393 of these
vessels reported actively participating in the recreational summer
flounder, scup, and/or black sea bass fisheries in 2000.
The effects of the various management measures were analyzed by
employing quantitative approaches to the extent possible. Where
quantitative data were not available, the Council conducted qualitative
analyses. Although Regulatory Flexibility Act guidance recommends
assessing changes in profitability as a result of proposed measures,
the quantitative impacts were instead assessed using changes in party/
charter vessel revenues as a proxy. This is because reliable cost data
is not available for these fisheries. As reliable cost data become
available, impacts to profitability can be more accurately forecast.
Similarly, changes to long-term solvency were not assessed due both to
the absence of cost data and because the recreational management
measures change annually according to the specification-setting
process. The analysis estimated changes in revenues for party/charter
vessels participating in the summer flounder, scup and/or black sea
bass fisheries by employing the following method. First, 2001 MRFSS
data were used to project the number of recreational party/charter
vessel trips made in each state. The MRFSS data indicate that an
estimated 1.778 million total trips were taken by anglers aboard
[[Page 36143]]
party/charter vessels in 2001 in the Northeast Region. Anglers fishing
in New Jersey, North Carolina, Massachusetts, New York, and Virginia
made 75 percent of those trips. The number of trips in each state
ranged from a high of 621,700 in New Jersey to a low of 18,000 trips in
Rhode Island.
Second, the number of trips that targeted summer flounder, scup
and/or black sea bass was identified as appropriate for each measure.
Then, the number of trips that would be impacted by the proposed
measures was estimated. This information was presented as an absolute
number and as a percentage of the total trips taken in each state.
Finally, the revenue impacts were estimated by calculating the
average fee paid by anglers on party/charter vessels in the Northeast
Region in 2001. That value of $39.84 was used to calculate the
statewide party/charter vessel revenue losses associated with the
impacted trips (by multiplying the number of impacted trips in each
state by $39.84). Then, the revenue impacts on individual vessels were
estimated by dividing the statewide revenue impact by the number of
vessels affected in each state. This method presumes that the number of
party/charter vessels participating in each fishery in 2002 will be the
same as in 2000. Also, the analysis assumes that angler effort and
catch rates in 2002 will be similar to 2001.
The analysis noted that this method is likely to result in an over-
estimation of the revenue losses because the analysis assumes that all
trips that are affected by the measures would not be taken in 2002.
However, it is very likely that some anglers would continue to take
party/charter vessel trips even if the restrictions limit their
landings. Also, some may engage in catch and release fishing and others
may target other species of fish. It was not possible to estimate the
sensitivity of anglers to specific management measures. In addition,
revenue impacts may be overestimated because the states may implement
different measures in state waters.
Impacts of Summer Flounder Alternatives
The proposed action for the summer flounder recreational fishery
would limit coastwide catch to 9.72 million lb (4.40 million kg) and
reduce landings by at least 27 percent compared to 2001 by either
deferring management to the states or imposing coastwide Federal
measures throughout the EEZ. The precautionary default provision that
is included in the conservation equivalency proposal was not analyzed
as a separate provision because it was assumed that, if conservation
equivalency is approved in the final rule, the states would use this
opportunity to tailor less restrictive measures specifically to their
state fisheries.
Precautionary default measures are defined as measures that would
achieve at least the overall required reduction in landings for each
state. The Precautionary Approach Alternative adopted by the Council
and Board consists of an 18 inch (45.72 cm) total length minimum fish
size, a possession limit of one fish per person, and no closed season.
The precautionary default measures would reduce state specific landings
by 41 (Delaware) to 88.2 percent (North Carolina). As specified by
Framework 2 to the Summer Flounder, Scup and Black Sea Bass FMP,
specific states that fail to implement conservation equivalent measures
would be required to implement precautionary default measures.
The state-specific landings reductions associated with the
precautionary default measures are substantially higher than the
reductions that would be implemented using conservation equivalency. As
such, it is expected that states will avoid the impacts of
precautionary approach measures by establishing conservation equivalent
management measures.
There is very little information available to empirically estimate
how sensitive the affected party/charter boat anglers might be to the
proposed fishing regulations. It is possible that the proposed
management measures could restrict the recreational fishery for 2001
and cause a decrease in recreational satisfaction (i.e. low bag limit,
larger fish size or closed season). It is also possible that, given the
popularity of summer flounder among some anglers, the more restrictive
time frame of the seasonal closures could affect angler satisfaction
and/or demand for party/charter trips. Due to lack of data on angler
satisfaction, these effects cannot be quantified. However, it is
probable that the negative impacts to party/charter boat anglers under
the precautionary default alternative would be substantially higher
than those under the preferred alternative (conservation equivalency).
Comparatively, the impact of the proposed summer flounder
conservation equivalency recommendation among states is likely to be
similar to the level of landings reductions that are required of each
state. Based upon the number of fish landed in 1998 and projected to
have been landed in 2001, the percent reduction in landings required by
the states for 2002 (relative to 2001) are: Rhode Island: 5 percent;
New Jersey: 16.7 percent; Delaware: 3.5 percent; Maryland: 5.3 percent;
Virgina: 43.8 percent; and North Carolina: 28.4 percent. Massachusetts,
Connecticut and New York do not require any reductions in recreational
summer flounder landings if their current regulations are maintained.
If the preferred conservation equivalency alternative is effective at
achieving the recreational harvest limit, then it is likely to be the
only alternative that minimizes economic impacts, to the extent
practicable, yet achieves the biological objectives of the FMP.
The impacts of the non-preferred summer flounder coastwide
alternative, which proposes a 17-inch (43.2 cm) TL minimum fish size
and a possession limit of eight fish/person, were assessed using the
quantitative method described above. Impacted trips were defined as
trips taken aboard party/charter vessels in 2001 that landed at least
one summer flounder that was smaller than 17 inches (43.2 cm) TL or
that landed more than eight summer flounder. NMFS concluded through the
analysis that the measures would affect less than 1 percent of party/
charter trips in any of the states, with impacts identified only in New
Jersey ($64,381), Virginia ($20,199), Delaware ($7,530), Rhode Island
($1,872), and Maryland ($558). The statewide revenue losses associated
with these impacts are shown in parentheses.
The average maximum gross revenue loss per party/charter vessel was
estimated to be $1,506 in Delaware, $961 in New Jersey, $808 in
Virginia, $186 in Maryland, and $67 in Rhode Island. For the reasons
noted above (alternative species, catch and release fishing, etc), it
is very likely that some anglers would continue to take party/charter
vessel trips even if the restrictions limit their landings. Therefore,
this method is likely to overestimate the potential revenue impacts of
the proposed measures. In addition, only 12 percent of recreational
summer flounder landings were derived from the EEZ in 2000. Federal
coastwide measures would apply to federally permitted vessels wherever
they fish. However, the states could potentially implement different
recreational measures for summer flounder.
Impacts of Scup Alternatives
The proposed action for scup is to impose Federal management
measures in the EEZ that, in combination with management measures in
place in state
[[Page 36144]]
waters, would achieve the coastwide harvest limit of 2.71 million lb
(1.23 million kg). The proposed action would achieve this goal by
implementing one of two alternative management regimes (i.e., NMFS Scup
Alternative 1 and NMFS Scup Alternative 2).
The impacts of the Council's disapproved Preferred Scup alternaitve
were assessed using the quantitative method described above. Impacted
trips were defined as trips taken aboard party/charter vessels in 2001
that landed at least one scup smaller than 10 inches (25.4 cm) TL, that
landed more than 50 scup, or that landed at least one scup during the
proposed closed seasons of March 1 to June 30 and November 1 to
December 31. The analysis concluded that the measures would affect 2.1
percent or less of the party/charter trips in any of the states, with
impacts identified in Massachusetts ($110,197), Delaware ($15,976), New
Jersey ($6,574), Rhode Island ($2,590), Connecticut ($1,195) and New
York ($478). The statewide revenue losses associated with these impacts
are shown in parentheses.
The average maximum gross revenue loss per party/charter vessel
associated with the Council's Preferred Scup Alternative was estimated
to be $7,988 in Delaware, $1,900 in Massachusetts, $219 in New Jersey,
$185 in Rhode Island, $149 in Connecticut, and $17 in New York. This
analysis likely overestimates the potential revenue impacts of these
measures because some anglers would continue to take party/charter
vessel trips even if the restrictions limit their landings. In
addition, although the Federal coastwide measures would apply to
federally permitted vessels wherever they fish, state-only permitted
vessels will likely be fishing under different recreational measures
for scup, because the Commission has adopted a conservation equivalency
addendum.
The impacts associated with NMFS Scup Alternative 1 are as follows:
Impacted trips were defined as trips taken aboard party/charter vessels
in 2001 that landed at least one scup smaller than 10 inches (25.4 cm)
TL, that landed more than 20 scup, or that landed at least one scup
during the proposed closed seasons of March 1 to June 30 and October 3
to December 31. The analysis concluded that the measures in Alternative
1 would affect 4 percent or less of the party/charter trips in any of
the states, with impacts identified in New York($375,890),
Massachusetts($180,635), Rhode Island ($29,163), New Jersey ($26,972),
Connecticut ($20,199), and Delaware ($16,534). The statewide revenue
losses associated with these impacts are shown in parentheses.
The average maximum gross revenue loss per party/charter vessel
associated with NMFS Scup Alternative 1 was estimated to be $13,425 in
New York, $8,267 in Delaware, $3,114 in Massachusetts, $2,525 in
Connecticut, $2,083 in Rhode Island, and $899 in New Jersey. This
method of analysis likely overestimates the potential revenue impacts
of these measures because some anglers would continue to take party/
charter vessel trips even if the restrictions limit their landings.
Although the Federal coastwide measures would apply to federally
permitted vessels wherever they fish, state-only permitted vessels will
likely be fishing under different recreational measures for scup
because the Commission has adopted a scup conservation equivalency
addendum.
For NMFS Scup Alternative 2, impacted trips were defined as trips
taken aboard party/charter vessels in 2001 that landed at least one
scup smaller than 9 inches (22.86 cm) TL, that landed more than 20
scup, or that landed at least one scup during the proposed closed
seasons of March 1 to September 1 and November 1 to December 31. The
analysis concluded that the measures in Alternative 2 would affect 7.3
percent or less of the party/charter trips in any of the states, with
impacts identified in New York ($434,256), Massachusetts ($388,838),
New Jersey ($314,856), Rhode Island ($50,278), Delaware ($23,466), and
Connecticut ($22,032). The statewide revenue losses associated with
these impacts are shown here in parentheses.
The average maximum gross revenue loss per party/charter vessel
associated with NMFS Scup Alternative 2 was estimated to be $15,509 in
New York, $11,733 in Delaware, $10,495 in New Jersey, $6,704 in
Massachusetts, $3,591 in Rhode Island, and $2,754 in Connecticut. These
estimates are likely to be high because some anglers would likely
continue to take party/charter vessel trips even if the restrictions
limit their landings. Also, state-only permitted vessel will
potentially be fishing under different recreational measures for scup
due to the adoption of conservation equivalency by Commission.
For non-preferred Scup Alternative 3, impacted trips were defined
as trips taken aboard party/charter vessels in 2001 that landed at
least one scup smaller than 9 inches (22.86 cm) TL, that landed more
than 50 scup, or that landed at least one scup during the proposed
closed seasons of March 1 to October 7 and November 1 to December 31.
The analysis concluded that the measures in Alternative 3 would affect
9.6 percent or less of the party/charter trips in any of the states,
with impacts identified in New York ($538,318), Massachusetts
($481,506), New Jersey ($325,453), Rhode Island ($69,043), Connecticut
(48,804), and Delaware ($41,195).
The average maximum gross revenue loss per party/charter vessel
associated with Scup Alternative 3 was estimated to be $20,597 in
Delaware, $19,226 in New York, $10,848 in New Jersey, $8,302 in
Massachusetts, $6,101 in Connecticut, and $4,932 in Rhode Island. These
estimates are likely to be high because some anglers would likely
continue to take party/charter vessel trips even if the restrictions
limit their landings. Also, state-only permitted vessels will
potentially be fishing under different recreational measures for scup
due to the adoption of conservation equivalency by the Commission.
Impacts of Black Sea Bass Alternatives
The proposed black sea bass alternative is designed to achieve the
3.43 million lb (1.55 million kg) harvest limit and to reduce landings
by at least 16 percent, compared to 2001. Although only a 12-percent
reduction in landings (relative to 2001) is required, it was not
possible to develop precise measures using only a minimum fish size and
a possession limit. Impacted trips were defined as trips taken aboard
party/charter vessels in 2001 that landed at least one black sea bass
smaller than 11.5 inches (29.21 cm) TL or that landed more than 25
black sea bass. NMFS concluded through the analysis that the proposed
alternative would affect 1.8 percent or less of the party/charter trips
in any of the states, with impacts identified in New Jersey ($178,324),
Maryland ($78,365), Delaware ($55,457), Virginia ($39,999), North
Carolina ($13,785), and Rhode Island ($1,355). The statewide revenue
losses associated with these impacts are shown in parentheses.
The average maximum gross revenue loss per party/charter vessel
associated with the proposed black sea bass alternative was estimated
to be $26,122 in Maryland, $11,091 in Delaware, $3,075 in New Jersey,
$1,818 in Virginia, $1,378 in North Carolina, and $54 in Rhode Island.
As stated above, these estimates represent maximum potential losses
because it is likely that anglers will continue to take party/charter
trips rather than quit altogether, due to the new restrictions.
For black sea bass non-preferred Alternative 1, impacted trips were
defined as trips taken aboard party/
[[Page 36145]]
charter vessels in 2001 that landed at least one black sea bass smaller
than 11 inches (27.94 cm) TL, that landed more than 25 black sea bass,
or that landed at least one black sea bass during the closed season
(December 1 - May 18). The analysis concluded that the proposed
alternative would affect 5.5 percent or less of the party/charter trips
in any of the states, with impacts identified in New Jersey ($238,920),
Maryland ($81,792), Delaware ($64,342), Virginia ($44,501), Rhode
Island (39,442), North Carolina ($15,418), and Massachusetts ($3,426).
The statewide revenue losses associated with these impacts are shown in
parentheses.
The average maximum gross revenue loss per party/charter vessel
associated with black sea bass non-preferred Alternative 1, was
estimated to be $27,264 in Maryland, $12,868 in Delaware, $4,119 in New
Jersey, $2,023 in Virginia, $1,578 in Rhode Island, $1,542 in North
Carolina, and $36 in Massachusetts.
For black sea bass non-preferred Alternative 2, impacted trips were
defined as trips taken aboard party/charter vessels in 2001 that landed
at least one black sea bass smaller than 11 inches (27.94 cm) TL, that
landed more than 15 black sea bass, or that landed at least one black
sea bass during the closed seasons (March 1-April 31 and December 27-
December 31). NMFS concluded through the analysis that the proposed
alternative would affect 5.5 percent or less of the party/charter trips
in any of the states, with impacts identified in New Jersey
($1,360,775), Maryland ($110,317), Delaware ($52,908), Virginia
($41,115), North Carolina ($13,785), Rhode Island ($4,582), New York
($3,307), and Massachusetts ($518). The statewide revenue losses
associated with these impacts are shown in parentheses.
The average maximum gross revenue loss per party/charter vessel
associated with non-preferred Alternative 2 was estimated to be $36,772
in Maryland, $23,462 in New Jersey, $10,582 in Delaware, $1,869 in
Virginia, $1,378 in North Carolina, $183 in Rhode Island, $59 in New
York, and $5 in Massachusetts.
Potential revenue losses in 2002 could differ for party/charter
vessels that land more than one of the regulated species. The
cumulative maximum gross revenue loss per vessel varies by the
combination of permits held and by state. In Rhode Island, for example,
losses could reach $6,481 for each vessel that lands all three species
in 2002, compared to 2001. However, in Maryland, a vessel that lands
all three species could potentially lose up to a maximum of $32,151 in
2002. On average, the largest potential losses were projected for
party/charter vessels operating out of New York, New Jersey, Delaware,
and Maryland in 2002.
It is important to re-emphasize that the revenue losses discussed
above represent the maximum potential gross revenue losses per vessel.
These losses were calculated by assuming that all of the angler trips
constrained by the proposed measures would no longer occur. Because
anglers would continue to have the ability to engage in catch-and-
release fishing for summer flounder, scup, and black sea bass and
because of the numerous alternative target species available to
anglers, the reduction in effort and associated expenditures should be
substantially lower than indicated in this summary. The lack of demand
models limits the ability to empirically estimate how sensitive the
affected anglers might be to the proposed regulations. Because the
proposed measures affect the number and size of the fish that may be
kept and do not prohibit anglers from engaging in catch and release
fishing or fishing up to the possession limit, demand and revenues for
party/charter vessels are expected to remain relatively stable.
The RIR/IRFA is available from the Council (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 16, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.100(d), as a proposed correction, introductory
text is added to read as follows:
Sec. 648.100 Catch quotas and other restrictions.
* * * * *
(d) Commercial measures.* * *
3. Section 648.102 is revised to read as follows:
Sec. 648.102 Time restrictions.
Unless otherwise specified pursuant to Sec. 648.107, vessels
that are not eligible for a moratorium permit under Sec.
648.4(a)(3) and fishermen subject to the possession limit may fish for
summer flounder from January 1 through December 31. This time period
may be adjusted pursuant to the procedures in Sec. 648.100.
4. In Sec. 648.103, paragraph (b) is revised to read as
follows:
Sec. 648.103 Minimum fish sizes.
* * * * *
(b) Unless otherwise specified pursuant to Sec. 648.107, the
minimum size for summer flounder is 17 inches (43.18 cm) TL for all
vessels that do not qualify for a moratorium permit, and charter boats
holding a moratorium permit if fishing with more than three crew
members, or party boats holding a moratorium permit if fishing with
passengers for hire or carrying more than five crew members.
* * * * *
5. In Sec. 648.105, the first sentence of paragraph (a) is
revised to read as follows:
Sec. 648.105 Possession restrictions.
(a) Unless otherwise specified pursuant to Sec. 648.107, no
person shall possess more than eight summer flounder in, or harvested
from the EEZ, unless that person is the owner or operator of a fishing
vessel issued a summer flounder moratorium permit, or is issued a
summer flounder dealer permit. ***
* * * * *
6. Sec. 648.107 is revised to read as follows:
Sec. 648.107 Conservation equivalent measures for the summer
flounder fishery.
For 2002, the Regional Administrator has determined that
conservation equivalent measures shall be implemented by the states for
the recreational summer flounder fishery. Therefore:
(a) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels
harvesting summer flounder in or from the EEZ and subject to the
recreational fishing measures of this part, landing summer flounder in
a state whose fishery management measures are determined by the
Regional Administrator to be the conservation equivalent of the season,
minimum size and possession limit prescribed in Sec.Sec.
648.102, 648.103(b) and 648.105(a), respectively, based on a
recommendation from the Summer Flounder Board of the Atlantic States
Marine Fisheries Commission shall not be subject to the more
restrictive Federal measures pursuant to the provisions of Sec.
648.4(b). Those vessels shall be subject
[[Page 36146]]
to the recreational fishing measures implemented by the state in which
they land.
(b) Federally permitted vessels subject to the recreational fishing
measures of this part, and other recreational fishing vessels
registered in states and subject to the recreational fishing measures
of this part, whose fishery management measures are not determined by
the Regional Administrator to be the conservation equivalent of the
season, minimum size and possession limit prescribed in
Sec.Sec. 648.102, 648.103(b) and 648.105(a), respectively,
due to the lack of a conservation equivalent recommendation from the
Summer Flounder Board of the Atlantic States Marine Fisheries
Commission shall be subject to the following precautionary default
measures: Season-January 1 through December 31; minimum size-18 inches
(45.72 cm); and possession limit-one fish.
7. In Sec. 648.122, paragraph (g) is revised to read as
follows:
Sec. 648.122 Time and area restrictions.
* * * * *
(g) Time restrictions. Vessels that are not eligible for a
moratorium permit under Sec. 648.4(a)(6) and fishermen subject to
the possession limit may not possess scup, except from January 1
through February 28 and from September 2 through October 31. This time
period may be adjusted pursuant to the procedures in Sec. 648.120.
8. In Sec. 648.124, paragraph (b) is revised to read as
follows:
Sec. 648.124 Minimum fish sizes.
* * * * *
(b) The minimum size for scup is 9 inches (22.86 cm) TL for all
vessels that do not have a moratorium permit, or for party and charter
vessels that are issued a moratorium permit but are fishing with
passengers for hire, or carrying more than three crew members if a
charter boat, or more than five crew members if a party boat.
* * * * *
9. In Sec. 648.125, the first sentence of paragraph (a) is
revised to read as follows:
Sec. 648.125 Possession limit.
(a) No person shall possess more than 20 scup in, or harvested from
the EEZ unless that person is the owner or operator of a fishing vessel
issued a scup moratorium permit, or is issued a scup dealer permit.***
* * * * *
10. Section 648.142 is revised to read as follows:
Sec. 648.142 Time restrictions.
Vessels that are not eligible for a moratorium permit under
Sec. 648.4(a)(7) and fishermen subject to the possession limit may
not possess black sea bass, except from January 1 through December 31.
This time period may be adjusted pursuant to the procedures in
Sec. 648.140.
11. In Sec. 648.143, paragraph (b) is revised to read as
follows:
Sec. 648.143 Minimum sizes.
* * * * *
(b) The minimum size for black sea bass is 11.5 inches (29.21 cm)
TL for all vessels that do not qualify for a moratorium permit, and
party boats holding a moratorium permit if fishing with passengers for
hire or carrying more than five crew members, or charter boats holding
a moratorium permit if fishing with more than three crew members. The
minimum size may be adjusted for recreational vessels pursuant to the
procedures in Sec. 648.140.
* * * * *
[FR Doc. 02-12779 Filed 5-22-02; 8:45 am]
BILLING CODE 3510-22-S