Fisheries of the Northeastern United States; Amendment 9 to the Fishery Management Plan for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Resubmission of Disapproved Measure

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 960805216-6236-02; I.D. 081696D]

RIN 0648-AH06

Fisheries of the Northeastern United States; Amendment 9 to the

Fishery Management Plan for the Summer Flounder, Scup, and Black Sea

Bass Fisheries; Resubmission of Disapproved Measure

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to obtain public comments

concerning a provision of Amendment 9 to the Fishery Management Plan

(FMP) for the Summer Flounder, Scup, and Black Sea Bass Fisheries that

was initially disapproved, but that has been revised and resubmitted by

the Mid-Atlantic Fishery Management Council (Council). This measure

would establish a quarterly coastwide commercial quota setting

mechanism with trip limits for the coastal states from Maine through

North Carolina. The intent of Amendment 9 is to reduce fishing

mortality and to allow the stock to rebuild.

DATES: Public comments must be received on or before September 26,

1996.

ADDRESSES: Send comments on this proposed rule to Dr. Andrew A.

Rosenberg, Regional Administrator, Northeast Regional Office, NMFS, One

Blackburn Drive, Gloucester, MA 01930. Mark the outside of the

envelope, ``Comments on the Resubmitted Black Sea Bass Measure.''

Copies of the resubmitted portion of Amendment 9 and other

supporting documents are available upon request from David R. Keifer,

Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,

Federal Building, 300 South New Street, Dover, DE 19901.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy

Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION:

Background

The Council submitted Amendment 9 for Secretarial review on June

20, 1996. On July 19, 1996, NMFS, on behalf of the Secretary of

Commerce, after a preliminary evaluation of Amendment 9, as authorized

under section 304(a)(1)(A) of the Magnuson Fishery Management and

Conservation Act (Magnuson Act), disapproved the provision that would

have implemented a state-by-state quota for black sea bass in 1998. A

proposed rule to implement the remainder of Amendment 9 was published

on August 21, 1996 (61 FR 43217).

The Council revised the quota provision to address NMFS' concerns,

which are summarized in the preamble to the proposed rule, and, under

section 304(b)(3)(A) of the Magnuson Act, submitted for Secretarial

review a proposed measure that would implement a quarterly coastwide

quota with trip limits that would be allocated to the commercial black

sea bass fishery from Maine through North Carolina.

Proposed Measures

The resubmitted measure would implement in 1998 a quarterly

coastwide quota with trip limits that would be allocated to the

commercial black sea bass fishery from Maine through North Carolina.

The allocation and the associated percentages for the total quota would

be: January-March (38.64 percent), April-June (29.26 percent), July-

September (12.33 percent), and October-December (19.77 percent). Under

the proposed measure, any black sea bass landed by a vessel possessing

a black sea bass moratorium permit would count towards the quota,

regardless of where the fish were harvested. Any black sea bass landed

for sale by a vessel without a moratorium permit and fishing

exclusively in state waters north of Cape Hatteras would be counted

towards the quota by the state in which it is landed pursuant to the

Fishery Management Plan for the Black Sea Bass Fishery adopted by the

Atlantic States Marine Fisheries Commission. The Regional Director

would close the exclusive economic zone (EEZ) to possession of black

sea bass by commercial vessels with a

[[Page 47107]]

moratorium permit when any quarterly quota has been landed. States

would have the responsibility for closure in their state to further

landings.

A series of prohibitions and management measures have been proposed

to address NMFS' original concerns with regard to monitoring and

enforcement in the State of North Carolina. For example, because all

landings of black sea bass by vessels with moratorium permits would

count against the quota, landings of black sea bass in states south of

North Carolina by these vessels would diminish the accuracy of the

quota monitoring. The states of Maine through North Carolina have an

investment in the administration of the quota system. In the event of a

closure in the EEZ north of Cape Hatteras, vessels with moratorium

permits could not possess black sea bass either north or south of Cape

Hatteras in order to maintain the integrity of that closure, as it

would be impossible to determine the harvest location of the black sea

bass on board. As a consequence, owners of vessels that have both a

moratorium permit and a snapper-grouper permit would be prevented from

using their snapper-grouper permit to land black sea bass south of Cape

Hatteras, unless they relinquish their moratorium permit. Therefore, to

allow vessel owners with moratorium permits greater flexibility to fish

for and land black sea bass south of Cape Hatteras, vessel owners could

voluntarily relinquish their moratorium permit during a closure and

fish the southern stock of black sea bass under their valid snapper-

grouper permit. After a 6-month delay for administrative and

enforcement purposes, they could reapply for a moratorium permit and

again be subject to the provisions of that permit. It is anticipated

that with these specific restrictions in place, implementation,

monitoring, and enforcement of the quota would be possible.

Classification

Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires

NMFS to publish regulations proposed by a Council within 15 days of

receipt of the amendment and proposed regulations. At this time, NMFS

has not determined whether the measures that this rule would implement

are consistent with the national standards, other provisions of the

Magnuson Act, and other applicable law. NMFS, in making that

determination, will take into account the information, views, and

comments received during the comment period.

This proposed rule has been determined to be not significant for

the purposes of E.O. 12866.

The Assistant General Counsel for Legislation and Regulation,

Department of Commerce, certified to the Chief Counsel for Advocacy of

the Small Business Administration that this

proposed rule issued under authority of section 304(a) of the

Magnuson Fishery Conservation and Management Act will not have a

significant economic impact on a substantial number of small

entities during the 1997 fishing year. The proposed rule would

implement a coastwide commercial quota setting mechanism with trip

limits allocated to quarterly periods (quota) for the black sea bass

fishery in coastal states from Maine through North Carolina.

Because the quota would not be initiated until 1998, there will

be no immediate effects on small entities from this rulemaking.

During the 1997 fishing year, the Black Sea Bass Monitoring

Committee (Monitoring Committee) will recommend a coastwide

commercial quota and trip limits for 1998. The Monitoring Committee

will review commercial and recreational catch data; current

estimates of fishing mortality; stock status; recent estimates of

recruitment; virtual population analysis results; levels of

noncompliance by fishermen or individual states; impact of size/mesh

regulations; and other information, and recommend to the Mid-

Atlantic Fishery Management Council (Council) the allowable levels

of fishing and other restrictions necessary to achieve the specified

target exploitation rates. Based on the Council's consideration of

these factors and resulting recommendation, NMFS will issue the

proposed specifications for the 1998 quota. If it is determined that

the proposed specifications will not have a significant economic

impact on a substantial number of small entities, it will be so

certified. If not, an initial regulatory flexibility analysis will

be prepared at that time.

The Council has determined that the revised measure has no impact

on the previous determination that Amendment 9 is consistent to the

maximum extent practicable with the approved coastal zone management

programs of the Atlantic states. The Amendment 9 submission from the

Council analyzed the impacts of a bimonthly coastwide quota and the

change to a quarterly system is insignificant for the reasons outlined

above. Therefore, the proposed modified measure falls within the scope

of the Coastal Zone Management Act consistency review conducted for

Amendment 9.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: August 30, 1996.

Nancy Foster,

Deputy Assistant Administrator for Fisheries, National Marine Fisheries

Service.

For the reasons set out in the preamble, the proposed rule

published at 61 FR 43217, August 21, 1996, proposing to amend 50 CFR

part 648 is further 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. 648.4 paragraphs (a)(7)(i)(C), (a)(7)(i)(D),

(a)(7)(i)(E), and (a)(7)(i)(F) are redesignated as (a)(7)(i)(D),

(a)(7)(i)(E), (a)(7)(i)(F), and (a)(7)(i)(G), respectively, and

paragraph (a)(7)(i)(C) is added to read as follows:

Sec. 648.4 Vessel permits.

* * * * *

(a)(7) * * *

(i) * * *

(C) Voluntary relinquishment of permit. A moratorium permit for the

black sea bass fishery that is voluntarily relinquished or surrendered

to the Regional Director will be reissued at the vessel owner's request

after a minimum period of 6 months from the date of cancellation.

* * * * *

3. In Sec. 648.14 paragraph (t)(3) is revised, and paragraphs

(t)(9) through (t)(11) are added, inclusively, to read as follows:

Sec. 648.14 Prohibitions.

(t) * * *

(3) Land black sea bass for sale in any state, or part thereof,

north or south of 35 deg.15.3' N. lat. after the effective date of the

notification published in the Federal Register stating that the

commercial coastwide quota has been harvested and the EEZ is closed to

the harvest of black sea bass.

* * * * *

(9) Possess, retain or land black sea bass harvested in or from the

EEZ in excess of the commercial trip limit established pursuant to

Sec. 648.140.

(10) Land black sea bass for sale in any state south of North

Carolina.

(11) Possess black sea bass harvested in or from the EEZ north or

south of 35 deg.15.3' N. lat. after the effective date of the

notification published in the Federal Register stating that the

commercial coastwide quota has been harvested and the EEZ is closed to

the harvest of black sea bass.

* * * * *

[[Page 47108]]

4. In Sec. 648.140 paragraphs (b)(1) through (b)(7) are

redesignated as (b)(3) through (b)(9), respectively, paragraphs (b)(1)

and (b)(2) are added, paragraph (c) is revised, and paragraph (d) is

added to read as follows:

Sec. 648.140 Catch quotas and other restrictions.

(a) * * *

(b) * * *

(1) A commercial quota allocated to quarterly periods set from a

range of (0) to the maximum allowed to achieve the specified target

exploitation rate specified in paragraph (a) of this section.

Implementation of this measure will begin in 1998.

(2) A commercial trip limit set from a range of (0) to the maximum

allowed to assure that the quarterly quota is not exceeded.

* * * * *

(c) Annual fishing measures. The Demersal Species Committee shall

review the recommendations of the Black Sea Bass Monitoring Committee.

Based on these recommendations and any public comment, the Demersal

Species Committee shall make its recommendations to the Council with

respect to the measures necessary to assure that the target

exploitation rate specified in paragraph (a) of this section are not

exceeded. The Council shall review these recommendations and, based on

the recommendations and public comment, make recommendations to the

Regional Director with respect to the measures necessary to assure that

the target exploitation rate specified in paragraph (a) of this section

is not exceeded. Included in the recommendation will be supporting

documents, as appropriate, concerning the environmental and economic

impacts of the proposed action. The Regional Director will review these

recommendations and any recommendations of the Commission. After such

review, the Regional Director will publish a proposed rule in the

Federal Register by October 15 to implement a quarterly coastwide

commercial quota, a recreational harvest limit, and additional

management measures for the commercial fishery. A proposed rule will be

published in the Federal Register by February 15 to implement

additional management measures for the recreational fishery, if the

Regional Director determines that such measures are necessary to assure

that the target exploitation rate specified in paragraph (a) of this

section is not exceeded. After considering public comment, the Regional

Director will publish a final rule in the Federal Register to implement

the measures necessary to assure that the target exploitation rate

specified in paragraph (a) of this section is not exceeded.

(d) Distribution of annual quota. (1) Beginning January 1, 1998, a

coastwide commercial quota will be allocated by quarterly periods based

upon the following percentages:

Quarterly Commercial Quota Shares

------------------------------------------------------------------------

Share

Quarter (percent)

------------------------------------------------------------------------

January-March.............................................. 38.64

April-June................................................. 29.26

July-September............................................. 12.33

October-December........................................... 19.77

------------------------------------------------------------------------

(2) All black sea bass landed for sale in the states from North

Carolina through Maine by a vessel with a moratorium permit issued

under Sec. 648.4(a)(7) of this part shall be applied against that

quarter's coastwide commercial quota, regardless of where the black sea

bass were harvested. All black sea bass landed for sale in the states

from North Carolina through Maine by any vessel without a moratorium

permit and fishing exclusively in state waters north of 35 deg.15.3' N.

lat. will be counted against the quota by the state in which it is

landed pursuant to the Fishery Management Plan for the Black Sea Bass

Fishery adopted by the Atlantic States Marine Fisheries Commission. The

Regional Director will determine the date on which the quarterly quota

will be harvested and the EEZ north of 35 deg.15.3' N. lat. closed. The

Regional Director will publish a notice in the Federal Register

advising that, upon that date, no vessel may possess black sea bass in

this area during a closure, nor may vessels issued a moratorium permit

land black sea bass during the closure. Any overages of the commercial

coastwide quota landed will be deducted from that quarter's coastwide

quota for the following year.

[FR Doc. 96-22752 Filed 9-5-96; 8:45 am]

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