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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 960805216-7013-04; I.D. 121796B]

RIN 0648-AH06

Fisheries of the Northeastern United States; Regulatory Amendment

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

Sea Bass Fisheries

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 and request for comments to

implement a regulatory amendment to the Fishery Management Plan (FMP)

for the Summer Flounder, Scup, and Black Sea Bass Fisheries. This

proposed regulatory amendment would revise the allocation and

management of the commercial scup quota.

DATES: Public comments must be received on or before March 7, 1997.

ADDRESSES: Comments on this proposed rule should be sent to Dr. Andrew

A. Rosenberg, Regional Administrator, National Marine Fisheries

Service, Northeast Regional Office, One Blackburn Drive, Gloucester, MA

01930. Mark the outside of the envelope, ``Comments on Scup Regulatory

Amendment.''

Comments regarding burden-hour estimates for collection-of-

information requirements contained in this proposed rule should be sent

to the Regional Administrator, Northeast Region, NMFS, at the address

above, and the Office of Information and Regulatory Affairs, Office of

Management and Budget (OMB), Washington, D.C. 20502 (Attention: NOAA

Desk Officer).

Copies of the regulatory amendment 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 Mid-Atlantic Fishery Management Council (Council) and the

Atlantic States Marine Fisheries Commission (Commission) adopted an FMP

for the Scup Fishery for NMFS review in November 1995. To reduce the

number of separate regulations issued by the Federal Government,

however, the proposed scup FMP was incorporated into the Summer

Flounder FMP as Amendment 8 to that FMP. Amendment 8 was approved by

NMFS on July 29, 1996 (61 FR 43420, August 23, 1996). The Commission

then adopted a plan with measures that are identical to those in

Amendment 8. The Commission plan would confer to States responsibility

of managing their quota for the scup industry in their state and can

implement and enforce landing limits. In addition, quota monitoring and

closures upon quota attainment would be state compliance measures under

the Commission plan, as stated in the Atlantic Coastal Fisheries

Cooperative Management Act.

Due to the seriously overfished status of the stock, the Council

had requested, and the Secretary of Commerce (Secretary) implemented,

emergency regulations to enact a minimum mesh requirement and minimum

fish size for the fishery. These measures were in effect from March 22,

1996, until regulations implementing Amendment 8 were published on

September 23, 1996.

Amendment 8 established target annual exploitation rates for

rebuilding the stock that are to be reached through a total allowable

catch (TAC) for the scup fishery that includes both landings and

discards. The TAC is divided into a commercial TAC and a recreational

TAC. Discard estimates are then subtracted from each of those

allocations. The result is an annual

[[Page 5376]]

commercial quota and recreational harvest limit. The commercial quota

for the fishing year beginning on January 1, 1997, is allocated on a

coastwide basis. When the Council and the Commission adopted Amendment

8 for submission, they stated their intent to begin a process to better

define the system that would be used to distribute the commercial

quota. However, to begin the rebuilding of the resource, they decided

to submit Amendment 8 before the coastwide quota system was refined so

that regulations could be implemented as quickly as possible.

The current regulations allow the commercial quota system to

operate without restrictions to control the rate of harvest, e.g., trip

limits or seasonal allocations. Without specific restrictions, it is

possible that large, offshore vessels fishing in the first portion of

the year will fill the annual quota quickly, closing the fishery before

other participants have an opportunity to fish on the stock. Therefore,

the Council and the Commission have developed another system to allow

for a more equitable distribution of the quota to the commercial

sector.

The proposed measure would implement a commercial quota system in

which the TAC would be allocated into two winter periods: January-April

(45.11 percent) and November-December (15.94 percent), and one summer

period: May-October (38.95 percent). The discard estimates for each

period would be subtracted from the TAC for each period, to derive the

commercial quota for each period. The two winter periods would each be

allocated to the coastal states from Maine to North Carolina on a

coastwide basis, during which coastwide landing limits would be in

effect. During the summer period, a state-by-state quota system would

be in effect, and the quota would be managed in the same manner as the

state-by-state quota system currently in effect in the commercial

summer flounder fishery.

Issues of Concern

Concerns have been raised to NMFS about the lack of gear-specific

discard estimates that may result in inequitable treatment between the

inshore and offshore fisheries. Some argue that because the discard

estimates are based on offshore trawler discard data, and the offshore

trawler discard rates are greater than the discard rates for the

inshore fishery, this would penalize the summer inshore fishery. The

summer inshore fishery uses predominantly different gear types than the

offshore fishery. The public is encouraged to submit comments on this

issue.

NMFS also is concerned that the implication of de minimus status is

not defined in the amendment. It is not possible to ascertain what de

minimus means to a state, versus a state that does not share that

distinction, with regard to implementation of the regulations.

Therefore, NMFS invites comments on that provision.

Proposed Measures

The regulatory amendment would implement in 1997 a commercial quota

system in which the TAC would be allocated into three periods: Winter I

(January-April), Summer (May-October) and Winter II (November-

December). The discard estimates for each period would be subtracted

from the TAC for that period, to derive the commercial quota for each

period. Based on historical data, the quota would be allocated to each

period as follows: 45.11 percent to Winter I, 38.95 percent to Summer,

and 15.94 percent to Winter II. During the two winter periods, the

commercial fishery would operate under a coastwide quota with landing

limits. These landing limits would be set annually by the Monitoring

Committee. In Winter I, the coastwide landing limit may be decreased

when a specified percentage of the quota is attained for that period.

Landing limits would be specified annually through the process

established in the FMP and could not be altered once adopted by NMFS.

The quota for the two winter periods would be allocated to the coastal

states from Maine to North Carolina. Fishing for or landing scup would

be prohibited when the quota is attained. NMFS will implement the

closures for federally permitted vessels and dealers, and the states

would take complementary action for their state-permitted vessels and

dealers. As stated above, quota monitoring and closures upon quota

attainment by the states would be compliance measures enforceable by

the states.

During the Summer period, a state-by-state quota would be in

effect. Based on historical data, the quota for that period would be

allocated among the states based on their percentage share of

commercial landings from May to October for the years 1983 through

1992. Each state would be closed to the landing of scup when its

individual allocation of quota is attained. Any overages in the quota

harvest that occurs during each of the winter periods would be deducted

from that period's allocation the following year. Any overages in the

quota harvest that occurs in a state during the Summer period would be

deducted from that state's Summer period allocation the following year.

The regulatory amendment also would confer de minimus status

annually upon any state in which commercial scup landings during the

Summer period for the last preceding calendar year for which data are

available were less than 0.1 percent of the total Summer period's

quota. If implemented, this action would make the FMP, which is jointly

administered by both the Council and the Commission, consistent with

the Commission plan, which allows for such status for states. States

that have been conferred de minimus status would be allowed to harvest

up to 0.1 percent, even though they have historically harvested less

than 0.1 percent.

The coastwide quota for 1997 specified under Amendment 8 will be

implemented prior to issuance of the regulations proposed in this

regulatory amendment. (The proposed specifications for the 1997 scup

fishery were published at 61 FR 64854, December 9, 1996.) This

regulatory amendment specifies that any quota harvested during that

time in excess of the proposed 1997 Winter I allocation would be

deducted from the quota allocation for the November-December 1997

(Winter II) period. Landings in excess of both Winter 1997 periods

would be deducted from 1998 Winter periods. This action would not

affect the summer allocation in either year.

Classification

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 of the

Department of Commerce certified to the Chief Counsel for Advocacy the

Small Business Administration that this proposed rule, if adopted,

would not have a significant economic impact on a substantial number of

small entities as follows:

The proposed rule would revise the manner in which the

commercial quota for the scup fishery is allocated, but would not

alter the total quota. The impact of the commercial quota on the

commercial fishery was completely described in the certification

that accompanied the proposed specifications for the 1997 scup

fishery, and is not repeated here.

Currently, regulations specify that the scup quota be allocated

to the commercial fishery on a coastwide basis. No restrictions

exist to control the rate of harvest (e.g., seasonal closures or

trip limits). Without restrictions, it is possible that the quota

would be harvested early in the year by larger, offshore vessels,

resulting in market gluts, irregular

[[Page 5377]]

supplies, and exvessel price fluctuations. Additionally, the current

system does not recognize the seasonal nature of the scup fishery

(i.e., large vessels fishing offshore in the winter, and small

vessels fishing inshore in the summer). According to the NMFS

weighout database (database), approximately 525 fishing vessels

landed scup during 1995. It is concluded that most of these were

fishing offshore. There is no estimate on the number of vessels

taking part in the inshore fishery, as they could be, for the most

part, state licensed and may not be completely represented in the

database. The database is used to estimate the numbers of

participants because prior to 1997, no permit requirement existed

for this fishery in the exclusive economic zone. However, all of the

known participants would readily fall under the definition of a

small business, having annual receipts of less than $2.0 million.

The proposed amendment endeavors to mitigate the impacts of

unrestricted harvest and untimely closures by establishing a

commercial quota system in which the total allowable catch (TAC)

would be allocated into three seasonal periods: Winter I (January-

April), Summer (May-October) and Winter II (November-December). The

discard estimates for each period would be subtracted from the TAC

for each period to derive the commercial quota for each period.

During the two winter periods, the commercial fishery would operate

under a coastwide quota with landing limits. During the summer

period, a state-by-state quota would be in effect.

While the quota for 1997 is based on reported historical

landings, no quota was ever implemented for this fishery prior to

1997. This new quota may result in the closure of the fishery,

which, if it occurs, could impact those small entities. More

complete impacts may be compiled during the comment period of the

proposed rule, which specifically requests comments on this issue.

The Mid-Atlantic Fishery Management Council concluded that a

substantial number of these small entities (greater than 20 percent)

operating in the commercial scup fishery could be directly or

indirectly affected by the measures proposed in this regulatory

amendment. However, based on available data, the economic impact of

this quota is not expected to be significant. When compared to 1994

revenues, the quota in 1997 would decrease the total revenues $1.87

million. It is not expected that any entities would be expected to

cease operations because of the 1997 quota and no change is expected

in compliance costs for these entities.

Historical data indicate that a decrease in landings generally

leads to an increase in the exvessel price for scup. The RIR

analysis for this regulatory amendment included examination of the

proposal to address the seasonal nature of the scup fishery and

allow for a more equitable distribution of commercial quota over the

year, versus the coastwide quota. The intent of this regulatory

amendment is to preserve the historical pattern of commercial

harvest of scup by seasons to reduce the impact on small entities.

The analysis found that the proposed amendment resulted in a more

consistent supply, and more stable prices for the commercial sector.

Based on unpublished NMFS weighout data (Maine through Virginia) in

1994, total commercial landings for scup were estimated at 8,840,900

lb. The 1997 quota would reduce commercial scup landings by

2,840,900 lb when compared to the 1994 commercial landings. The

effect on the overall scup exvessel price, given the potential

reduction in landings from the implementation of the quota proposed

in this amendment, would depend on the elasticity of demand for

scup. Since no study has estimated the exvessel demand function for

scup, revenue changes from the implementation of the new quota were

calculated by taking the exvessel price for scup (value divided by

pounds) for 1994, and multiplying this value by the potential change

in landings. Assuming the 1994 exvessel price of $0.66 per pound,

the 1997 quota would yield a decrease in revenues of $1,874,994 from

the 1994 period. However, based on preliminary unpublished NMFS

weighout data (Maine through Virginia), scup commercial landings

were estimated at 5,947,253 lb and valued at $5,096,863 ($0.85 per

pound) in 1995. It appears that the decrease in landings from 1994

to 1995 has increased exvessel price for scup during this period.

Given preliminary scup landings for 1995, the 1997 quota would be

expected to slightly increase exvessel revenue relative to 1994

landings.

This rule contains a collection-of-information requirement subject

to the Paperwork Reduction Act (PRA). The management measure that

provides for a state request for a quota transfer has been approved by

OMB under control number 0648-0202, and is estimated to take 1 hour per

response.

The response estimate shown includes the time for reviewing

instructions, searching existing data sources, gathering and

maintaining the data needed, and completing and reviewing the

collection of information. Send comments to NMFS and OMB (see

ADDRESSES) regarding this burden estimate, including its accuracy,

whether the collection of information is necessary for the proper

performance of NMFS' functions, suggestions on how to enhance the

quality, utility, and clarity of the information to be collected, and

how to reduce or minimize the burden of the collection of information

on those who must respond.

Notwithstanding any other provisions of the law, no person is

required to respond to, nor shall any person be subject to a penalty

for failure to comply with a collection of information subject to the

requirements of the PRA unless that collection of information displays

a currently valid OMB control number.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and recordkeeping requirements.

Dated: January 30, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries, 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. 648.4, paragraph (b) is revised to read as follows:

Sec. 648.4 Vessel permits.

* * * * *

(b) Permit conditions. Vessel owners who apply for a fishing vessel

permit under this section must agree as a condition of the permit that

the vessel and the vessel's fishing activity, catch, and pertinent gear

(without regard to whether such fishing occurs in the EEZ or landward

of the EEZ, and without regard to where such fish or gear are

possessed, taken or landed), are subject to all requirements of this

part, unless exempted from such requirements under this part. All such

fishing activities, catch, and gear will remain subject to all

applicable state requirements. Except as otherwise provided in this

part, if a requirement of this part and a management measure required

by a state or local law differ, any vessel owner permitted to fish in

the EEZ for any species managed under this part must comply with the

more restrictive requirement. Owners and operators of vessels fishing

under the terms of a summer flounder moratorium, scup moratorium, or

black sea bass moratorium permit must also agree not to land summer

flounder, scup, or black sea bass, respectively, in any state after

NMFS has published a notification in the Federal Register stating that

the commercial quota for that state or period has been harvested and

that no commercial quota is available for the respective species. A

state not receiving an allocation of summer flounder, scup or black sea

bass, either directly or through a coastwide allocation, is deemed to

have no commercial quota available. Owners or operators fishing for

surf clams and ocean quahogs within waters under the jurisdiction of

any state that requires cage tags are not subject to any conflicting

Federal minimum size or tagging requirements. If a surf clam and ocean

quahog requirement of this part differs from a surf clam and ocean

quahog management measure required

[[Page 5378]]

by a state that does not require cage tagging, any vessel owners or

operators permitted to fish in the EEZ for surf clams and ocean quahogs

must comply with the more restrictive requirement while fishing in

state waters. However, surrender of a surf clam and ocean quahog vessel

permit by the owner by certified mail addressed to the Regional

Director allows an individual to comply with the less restrictive state

minimum size requirement, as long as fishing is conducted exclusively

within state waters. If the commercial black sea bass quota for a

period is harvested and the coast is closed to the possession of black

sea bass north of 35 deg.15.3' N. latitude, any vessel owners that hold

valid commercial permits for both the black sea bass and the NMFS,

Southeast Region Snapper-Grouper fisheries, may surrender their

moratorium black sea bass permit by certified mail addressed to the

Regional Director and fish pursuant to their Snapper-Grouper permit, as

long as fishing is conducted exclusively in waters, and landings are

made, south of 35 deg.15.3' N. latitude. A moratorium permit for the

black sea bass fishery that is voluntarily relinquished or surrendered

will be reissued upon the receipt of the vessel owner's written request

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

* * * * *

3. In Sec. 648.14, paragraphs (a)(89) through (a)(96) are

redesignated as paragraphs (a)(90) through (a)(97), respectively, and a

new paragraph (a)(89) is added to read as follows:

Sec. 648.14 Prohibitions.

(a) * * *

(89) Fish for, catch or retain scup in or from the EEZ north of

35 deg.15.3' N. lat. in excess of the landing limit established

pursuant to Secs. 648.120 (b)(2) and (b)(3).

* * * * *

4. In Sec. 648.120, paragraph (b)(1) is revised, paragraphs (b)(2)

through (b)(8) are redesignated as paragraphs (b)(5) through (b)(11),

respectively, new paragraphs (b)(2) through (b)(4) are added,

paragraphs (c) and (d) are revised, and paragraphs (e) and (f) are

added to read as follows:

Sec. 648.120 Catch quotas and other restrictions.

* * * * *

(b) * * *

(1) The commercial quota for each of the three periods specified in

paragraph (d)(1) of this section, to be set from a range of 0 to the

maximum allowed to achieve the specified exploitation rate. The

commercial quota will be established by estimating the annual Total

Allowable Catch (TAC), allocating it into the three periods, and

deducting the discard estimates for each period.

(2) Landing limits for the Winter I and Winter II periods.

(3) Percent of landings attained at which the landing limit for the

Winter I period will be reduced.

(4) Those states eligible for de minimus status, based upon

commercial scup landings for the last preceding calendar year for which

data are available.

* * * * *

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

review the recommendations of the Scup Monitoring Committee. Based on

these recommendations and any public comment, the Demersal Species

Committee shall recommend to the MAFMC measures necessary to assure

that the specified exploitation rate will not be exceeded. The MAFMC

shall review these recommendations and, based on these recommendations

and any public comment, recommend to the Regional Director measures

necessary to assure that the specified exploitation rate will not be

exceeded. The MAFMC's recommendation must include supporting

documentation, as appropriate, concerning the environmental and

economic impacts of the recommendations. The Regional Director shall

review these recommendations and any recommendations of the Commission.

After such review, NMFS will publish a proposed rule in the Federal

Register by October 15 to implement a commercial quota, specifying the

amount of quota allocated to each of the three periods, landing limits

for the Winter I and Winter II periods, the percentage of landings

attained during the Winter I fishery at which the landing limits will

be reduced, a recreational harvest limit and additional management

measures for the commercial fishery. NMFS will publish a proposed rule

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

specified exploitation rate will not be exceeded. After considering

public comment, NMFS will publish a final rule in the Federal Register

to implement the annual measures.

(d) Distribution of Commercial Quota. (1) The annual commercial

quota will be allocated into three periods, based on the following

percentages:

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

Period Percent

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

Winter I--January-April...................................... 45.11

Summer--May-October.......................................... 38.95

Winter II--November-December................................. 15.94

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

(2) The Winter I and Winter II commercial quotas will each be

distributed to the coastal states from Maine through North Carolina on

a coastwide basis.

(3) The Summer commercial quota will be allocated to the coastal

states from Maine through North Carolina, based upon the following

percentages:

Summer Period (May-October) Commercial Quota Shares

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

Share

State (percent)

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

Maine...................................................... 0.13042

New Hampshire.............................................. 0.00004

Massachusetts.............................................. 15.49117

Rhode Island............................................... 60.56588

Connecticut................................................ 3.39884

New York................................................... 17.05295

New Jersey................................................. 3.14307

Delaware................................................... 0.00000

Maryland................................................... 0.01288

Virginia................................................... 0.17787

North Carolina............................................. 0.02688

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

Total................................................ 100.00000

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

(4) All scup landed for sale in any state during either Winter I or

Winter II shall be applied against the coastwide commercial quota for

that period, regardless of where the scup were harvested. All scup

landed for sale in a state during the Summer period shall be applied

against that state's summer commercial quota, regardless of where the

scup were harvested.

(5) All scup landed for sale in any state during the period January

1, 1997, through [effective date of the final regulations], shall be

applied against the coastwide commercial quota for the 1997 Winter I

period, regardless of where the scup were harvested. Any landings

during that time in excess of the 1997 Winter I commercial quota will

be subtracted from the 1997 Winter II period's allocation. Any overage

beyond the 1997 Winter II allocation will be deducted from subsequent

winter periods.

(6) Beginning in 1997, any overages of the commercial quota landed

in any state, including those granted de minimus status, during the

Summer period will be deducted from that state's Summer period quota

for the following year. Beginning in 1998, any overages of the

commercial quota landed in any Winter period will be subtracted from

the period's allocation for the following year.

[[Page 5379]]

(7) Based upon any changes in the landings data available from the

states for the base years 1983-92, the Commission and the Council may

recommend to the Regional Director that the states' shares specified in

paragraph (d)(1) of this section be revised. The Council's and the

Commission's recommendation must include supporting documentation, as

appropriate, concerning the environmental and economic impacts of the

recommendation. The Regional Director shall review the recommendation

of the Commission and the Council. After such review, NMFS will publish

a proposed rule in the Federal Register to implement a revision in the

state shares. After considering public comment, NMFS will publish a

final rule in the Federal Register to implement the changes in

allocation.

(e) De minimus status. Any state in which commercial scup landings

during the Summer period for the last preceding calendar year for which

data are available were less than 0.1 percent of the total Summer

period's quota could be granted de minimus status by the NMFS upon the

recommendation of the Council by way of a recommendation from the

Monitoring Committee.

(1) The de minimus status will be valid only for that Summer period

for which the specifications are in effect and will be effective upon

filing by NMFS of the final specifications for the commercial scup

fishery with the Office of the Federal Register.

(2) The total quota allocated to each de minimus state will be set

equal to 0.1 percent of the total Summer period allocation and will be

subtracted from the summer quota before the remainder is allocated to

the other states.

(f) Quota transfers and combinations. Any state implementing a

state commercial quota for scup may request approval from the Regional

Director to transfer part or all of its Summer period quota to one or

more states. Two or more states implementing a state commercial quota

for scup may request approval from the Regional Director to combine

their quotas, or part of their quotas, into an overall regional quota.

Requests for transfer or combination of commercial quotas for scup must

be made by individual or joint letter(s) signed by the principal state

official with marine fishery management responsibility and expertise,

or his/her previously named designee, for each state involved. The

letter(s) must certify that all pertinent state requirements have been

met and identify the states involved and the amount of quota to be

transferred or combined.

(1) Within 10 working days following the receipt of the letter(s)

from the states involved, the Regional Director shall notify the

appropriate state officials of the disposition of the request. In

evaluating requests to transfer a quota or combine quotas, the Regional

Director shall consider whether:

(i) The transfer or combination would preclude the overall Summer

period quota from being fully harvested.

(ii) The transfer addresses an unforeseen variation or contingency

in the fishery.

(iii) The transfer is consistent with the objectives of the Summer

Flounder, Scup, and Black Sea Bass FMP and the Magnuson-Stevens Act.

(2) The transfer of quota or the combination of quotas will be

valid only for the Summer period for which the request was made and

will be effective upon the filing by NMFS of a notification of approval

of the quota transfer or combination with the Office of the Federal

Register.

(3) A state may not submit a request to transfer quota or combine

quotas if a request to which it is party is pending before the Regional

Director. A state may submit a new request when it receives notice that

the Regional Director has disapproved the previous request or when

notification of approval of the quota transfer or combination has been

filed at the Office of the Federal Register.

(4) If there is a quota overage among states involved in the

combination of quotas at the end of the Summer period, the overage will

be deducted from the following Summer period's quota for each of the

states involved in the combined quota. The deduction will be

proportional, based on each state's relative share of the combined

quota for the previous Summer period. A transfer of quota or

combination of quotas does not alter any state's percentage share of

the overall Summer period quota specified in paragraph (d) of this

section.

5. Section 648.121 is revised to read as follows:

Sec. 648.121 Closures.

(a) Winter closures. The Regional Director will monitor the harvest

of commercial quota for each Winter period based on dealer reports,

state data, and other available information, and shall determine the

date when the commercial quota for a Winter period will be harvested.

NMFS shall close the EEZ to fishing for scup by commercial vessels for

the remainder of the indicated period by publishing notification in the

Federal Register advising that, effective upon a specific date, the

commercial quota for that period has been harvested, and notifying

vessel and dealer permit holders that no commercial quota is available

for landing scup for the remainder of the period.

(b) Summer closure. The Regional Director will monitor the Summer

period state commercial quota based on dealer reports, state data, and

other available information, and shall determine the date when a state

commercial quota will be harvested. NMFS shall publish notification in

the Federal Register advising a state that, effective upon a specific

date, its Summer period commercial quota has been harvested and

notifying vessel and dealer permit holders that no Summer period

commercial quota is available for landing scup in that state for the

remainder of the period.

[FR Doc. 97-2795 Filed 2-4-97; 8:45 am]

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