[Federal Register Volume 61, Number 237 (Monday, December 9, 1996)]
[Proposed Rules]
[Pages 64854-64855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31157]
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DEPARTMENT OF COMMERCE
50 CFR Part 648
[Docket No. 961129337-6337-01; I.D. 112096A]
RIN 0648-XX75
Fisheries of the Northeastern United States; Summer Flounder,
Scup and Black Sea Bass Fisheries; 1997 Scup Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specifications for the 1997 scup fishery; request for
comments.
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SUMMARY: NMFS proposes specifications for the 1997 scup fishery that
include commercial catch quotas and other restrictions. The
implementing regulations for the fishery require NMFS to publish
proposed specifications for the upcoming fishing year and provide an
opportunity for the public to comment. The intent of these measures is
to prevent overfishing of the scup resource.
DATES: Public comments must be received on or before January 6, 1997.
ADDRESSES: Copies of the Mid-Atlantic Fishery Management Council's
analysis and recommendations are available from David R. Keifer,
Executive Director, Mid-Atlantic Fishery Management Council, Room 2115,
Federal Building, 300 South New Street, Dover, DE 19904-6790. Comments
on the proposed specifications should be sent to: Dr. Andrew A.
Rosenberg, Regional Administrator, Northeast Region, NMFS, 1 Blackburn
Drive, Gloucester, MA 01930-2298. Mark the outside of the envelope,
``Comments--1997 Scup Specifications.''
FOR FURTHER INFORMATION CONTACT: Lucille L. Helvenston, Fishery
Management Specialist, 508-281-9347.
SUPPLEMENTARY INFORMATION: Comprehensive measures enacted by Amendment
8 to the Summer Flounder and Scup Fishery Management Plan (FMP) were
designed to rebuild the severely depleted scup stock. Amendment 8
established a Monitoring Committee that meets annually to review the
best available scientific data and make recommendations regarding the
catch quota and other management measures in the FMP. The Committee's
recommendations are made to achieve the target exploitation rates
established in the Amendment to reduce overfishing. The Committee bases
its recommendations on: (1) Commercial and recreational catch data; (2)
current estimates of fishing mortality; (3) stock status; (4) recent
estimates of recruitment; (5) virtual population analysis (VPA); (6)
levels of regulatory noncompliance by fishermen or individual states;
(7) impact of fish size and net mesh regulations; (8) impact of gear
other than otter trawls on the mortality of scup; and (9) other
relevant information.
Based on the recommendations of the Monitoring Committee, the Mid-
Atlantic Council's Demersal Species Committee makes a recommendation to
the Council, which in turn makes a recommendation to the Regional
Administrator. The Council recommended a commercial quota, recreational
harvest limit, and changes in the minimum mesh regulations for 1997.
The proposed action would set the coastwide commercial quota at 6.0
million lb (2.7 million kg). The recreational harvest limit would be
1.947 million lb (0.88 million kg). These values are derived by the
following process: (1) The TAC (9.11 million lb) (4.1 million kg) was
divided into two allocations of 78 percent for the commercial quota and
22 percent for the recreational harvest limit, and (2) discard
estimates for each sector were deducted from each allocation to
establish commercial quota and recreational harvest limits. The
commercial quota of 6.0 million lb (2.7 million kg) is derived by
subtracting an estimated 1997 discard of 1.103 million lb (0.5 million
kg) from the 7.103 million lb (3.2 million kg) allocated to the
commercial sector. The recreational harvest limit of 1.947 million lb
(0.88 million kg) was derived by subtracting the estimated 1997 discard
of 0.060 million lb (0.03 million kg) from the 2.007 million lb (0.9
million kg) allocated to the recreational sector. Based on stochastic
projections, this proposed catch level has a 50 percent probability of
achieving the target exploitation rate (47 percent) in 1997. Current
exploitation rates on this stock are approximately 67 percent.
Amendment 8 contains provisions that allow for annual changes in
the minimum fish size and minimum otter trawl mesh requirement. Current
regulations require a 9-inch (22.9-cm) total length (TL) minimum fish
size in the commercial fishery and a 4-inch (10.2-cm) minimum mesh in
the codend of the net for vessels possessing in excess of a 4,000-lb
(1,814-kg) threshold level of scup. The proposed action does not change
the minimum fish size, but would increase the minimum mesh size to 4.5
inches (11.43 cm). The proposed action would also implement seasonal
minimum mesh threshold levels of 4,000 lb (1,814 kg) in the winter
months (November-April) and 1,000 lb (453 kg) in the summer months
(May-October).
The coastwide quota would be implemented January 1, 1997. However,
the Council has proposed a regulatory change in a separate action that
would divide the quota into three seasons with landing limits: Winter 1
(January-April), Summer (May-October) and Winter 2 (November-December).
The summer quota would be allocated on a
[[Page 64855]]
state-by-state basis. If this proposal is approved, it would be
implemented about mid-1997.
Classification
This action is authorized by 50 CFR Part 648, and has been
determined to be not significant for 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
the authority of the Magnuson-Stevens Fishery Conservation and
Management Act will not have a significant economic impact on a
substantial number of small entities as follows:
The proposed rule would implement an allocation of 6 million
pounds for the annual commercial quota, and 1.947 million pounds for
the recreational harvest limit, increase the minimum mesh size from
4.0 inches to 4.5 inches, and change the catch threshold that
triggers the mesh requirement to 4,000 pounds in November through
April, and 1,000 pounds from May through October.
This action includes a measure that would divide the 1997 Total
Allowable Catch (TAC) of 9.11 million pounds into allocations for
the commercial and the recreational sectors of the fishery. After
subtracting an estimate of discards for each sector from the
respective allocations, the proposed commercial quota is 6 million
pounds and the proposed recreational harvest limit is 1.947 million
pounds. The effect of this quota on participants is expected to be
minimal, as it will not differ significantly from the amount of
commercial catch from 1995. In 1995, the last year for which data
are available, commercial landings equaled 5.9 million pounds, with
an ex-vessel value of $0.85/pound. The 1995 catch levels represent a
decrease relative to landings in 1994, but an increase in ex-vessel
revenue (versus $0.66/pound in 1994). The Mid-Atlantic Fishery
Management Council (Council) concluded that, based on historical
data, ex-vessel revenues often increase when scup are less
available.
Other measures include increasing the mesh size from 4.0 inches
to 4.5 inches and establishing a variable threshold catch level that
triggers the minimum mesh requirement (4,000 pounds from November
through April and 1,000 pounds from May through October). Comments
received at Council meetings indicated that 4.5-inch mesh is
currently being used to catch 9-inch fish by many members of the
industry. Therefore, most industry members will not be required to
invest in additional gear if they intend to direct on the scup
fishery. In addition, the retail price for a 4.5-inch mesh codend is
estimated to account for between 0.5 percent and 1.69 percent of
total estimated costs for an otter trawl vessel.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 29, 1996.
Gary C. Matlock,
Acting 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. 648.123, paragraph (a)(1) is revised to read as follows:
Sec. 648.123 Gear restrictions.
(a) Trawl vessel gear restrictions--(1) Minimum mesh size. The
owners or operators of otter trawlers issued a scup moratorium permit,
and that possess 4,000 lb or more (1,814 kg or more) of scup from
November 1 through April 30 or 1,000 lb or more (454 kg or more) of
scup from May 1 through October 31, must fish with nets that have a
minimum mesh size of 4.5 inches (11.4 cm) diamond mesh, applied
throughout the codend for at least 75 continuous meshes forward of the
terminus of the net, or for codends with less than 75 meshes, the
minimum-mesh-size codend must be a minimum of one-third of the net,
measured from the terminus of the codend to the head rope, excluding
any turtle excluder device extension. Scup on board these vessels shall
be stored separately and kept readily available for inspection.
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[FR Doc. 96-31157 Filed 12-6-96; 8:45 am]
BILLING CODE 3510-22-P
