[Federal Register Volume 62, Number 50 (Friday, March 14, 1997)]
[Rules and Regulations]
[Pages 12105-12107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6483]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 961129337-7040-02; 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: Final rule and final specifications for the 1997 scup fishery.
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SUMMARY: NMFS issues the final specifications for the 1997 scup fishery
that include a commercial catch quota, a recreational harvest limit,
and other management measures. The intent of these measures is to
prevent overfishing of the scup resource.
DATES: The amendment to Sec. 648.123(a)(1) is effective April 14, 1997.
The final 1997 scup specifications are effective March 11, 1997 through
December 31, 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.
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, Scup, and Black Sea Bass 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 Administrator,
Northeast Region, NMFS. The Council recommended a commercial quota,
recreational harvest limit, and changes in the minimum mesh regulations
for 1997.
The measures contained in this final action are unchanged from
those in the proposed rule published December 9, 1996, (61 FR 64854)
and are: (1) A coastwide commercial quota of 6.0 million lb (2.7
million kg); (2) a recreational harvest limit of 1.947 million lb (0.88
million kg); (3) an increase in the minimum codend mesh size from 4.0
inches (10.21 cm) to 4.5 inches (11.43 cm) and (4) 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 sumer months (May--
October). Detailed background information concerning these measures is
provided in the proposed rule and is not repeated here.
The coastwide quota is for the 1997 fishing year, January 1, 1997,
through December 31. 1997. However, the Council has proposed a
regulatory change in a separation action that would divide the quota
into three seasons: Winter 1 (January--April), Summer (May--October)
and Winter 2 (November--December). The winter quota would be coastwide.
The summer quota would be allocated on a state-by-state basis. Trip
limits would be imposed in the winter periods. If this proposal is
approved, it would be implemented about mid-1997.
Comments and Responses
The Mid-Atlantic Fishery Management Council (Council) submitted a
comment in support of the 1997 specifications for the scup fishery. The
Department of Marine Fisheries of the Commonwealth of Massachusetts
(MADMF) and an individual submitted comments in opposition to the
proposed 1997 specifications for the scup fishery.
Comment: Both MADMF and the individual commenter believe the NMFS
should not implement the 1997 coastwide commercial quota for several
reasons. The individual commenter asserts that the absence of any
constraints on the harvest of the coastwide quota allows the winter
offshore fishery to catch all of the quota and discriminates against
inshore harvesters. The MADMF states that, without the proposed
regulatory change to the quota system, the quota will be harvested
early in the year and there will be negative impacts from the resulting
fishery closure. MADMF also notes that quota monitoring should be
improved prior to implementation.
Response: The FMP requires NMFS to implement a coastwide commercial
quota for 1997. NMFS has no legal authority to defer implementation of
the quota until the regulatory amendment is approved. While NMFS is
actively involved in the ongoing efforts to improve quota monitoring,
particularly for state fisheries, NMFS disagrees with the implication
that the existing monitoring system is inadequate for scup quota
management. Further, NMFS disagrees with the contention that the quota
is discriminatory. The quota in and of itself is not discriminatory.
Although these measures may have negative impacts on different sectors
of the fishery because of the distance from areas in which scup are
available, the regulatory measures are not in and of themselves
discriminatory. The review
[[Page 12106]]
of the amendment concluded that it was consistent with the national
standards of the Magnuson-Stevens Fishery Conservation and Management
Act and with other applicable law. NMFS notes that the amendment
applies to the coastwide fishery rather than just to the Massachusetts
industry, which the amendment shows has historically accounted for only
7 percent of the coastwide scup landings.
Comment: MADMF comments that the implementation of the quota and
the anticipated fishery closure will not prevent regulatory discards in
the small mesh fisheries, particularly the squid fishery. MADMF
proposes that, if the quota is implemented for 1997, NMFS should revise
the manner in which discards are accounted for in calculating the
quota. MADMF proposes that discards should only be considered if they
occur in fisheries that are directed towards scup.
Response: The minimum mesh requirement and the associated catch
threshold are intended to discourage vessel operators using small mesh
for other species from continuing to fish when they encounter large
amounts of scup that they would be required to sort out from other
species and discard. The FMP also specifies that the annual total
allowable catch (TAC) will be set to attain the target exploitation
rates specified in the plan. Because the TAC represents the sum of
discards and quota, there is an incentive for the industry to reduce
discards in order to increase quotas. NMFS cannot modify the FMP as
suggested by MADMF to change the manner in which discards are deducted
from the TAC.
MNFS notes that if these measures do not have the desired effects
on discard levels, the FMP provides the Council with the option of
specifying season and area closures in the future if necessary to
address such concerns.
Comment: The individual commenter stated that fishermen from
Massachusetts were not represented in the scup management process and
were unfairly impacted.
Response: The process to adopt and implement the amendment involved
public hearings where members of the industry among other members of
the public were allowed to comment on the proposed measures. NMFS notes
that in 1995, hearings were held in New Bedford, MA, and Newport, RI,
on July 18th and July 17th, respectively. The proposed rule also
solicited comments from the public that were considered by NMFS in the
review of the amendment. Therefore, NMFS concludes that Massachusetts
industry participants were given several opportunities to be
represented in the scup management process.
Comment: MADMF suggested that the 4,000-lb (1,814-kg) threshold
that will trigger the minimum mesh requirement should be decreased to
100 lb (45 kg). MADMF proposes that this decrease will lessen the
discards of small juvenile scup.
Response: The 4,000-lb (1,814-kg) threshold that will trigger the
minimum mesh requirement was set in response to analysis of scientific
data and public comment. The amendment showed that in 1992 and 1993, a
large share of the total scup landings (80 percent) was comprised of
landings in excess of 4,000 lb (1,814 kg). Therefore, the threshold was
set at 4,000 lb (1,814 kg) to target the majority of vessels landing
scup. A much lower threshold would penalize a large number of vessels
that catch small amounts of scup as a catch in various mixed trawl
fisheries. These vessels will be forced to discard legal size scup if
they are caught while fishing for other species with mesh smaller than
the scup minimum size. The cost that would be borne by the industry as
the result of a drastic reduction in the threshold greatly outweighs
the benefits that would accrue to the stock. The 4,000-lb (1,814-kg)
threshold allows vessel operators to retain and land legal size scup
that will be counted toward the quota.
Comment: MADMF and the individual commenter both disagree with
NMFS' conclusion in the preamble of the proposed rule that the proposed
measures will not have a significant economic impact on a substantial
number of small entities. MADMF notes that NMFS concluded that the
effect of the quota will be minimal because the 1997 quota level is not
significantly lower than the commercial landings in 1995, the most
recent year for which data are available. MADMF states that the scup
landings data for the Massachusetts fishery are incomplete. Therefore,
the effect of the quota will not be minimal for the State's industry.
MADMF also asks why the commercial quota is not reduced from the 1995
level if the scup stock is severely depleted.
Response: NMFS disagrees with MADMF and the individual commenter
that the incomplete data from the State of Massachusetts would alter
the conclusion that there are no significant impacts on the industry.
While NMFS accepts that MADMF may well be correct in stating that these
data are incomplete for Massachusetts, NMFS cannot conclude that there
is a significant impact on industry based solely on such a statement.
NMFS based its conclusions concerning the economic impacts of these
measures on the best available data. NMFS notes that the regulatory
amendment for the scup fishery, currently under review, invites state
fisheries agencies to update the landings data for their states in
order to make future adjustments to the summer state quota shares. NMFS
encourages MADMF to take such action if the regulatory amendment is
approved.
NMFS believes that these annual specifications address the depleted
nature of the scup stock. The 1997 reductions in exploitation are
anticipated to be realized due to a reduction in discards rather than a
reduction in landings. The Council selected a TAC level of 9.11 million
lb (4.13 million kg) as having a 50 percent probability of achieving
the target exploitation rate of 47 percent for 1997. The TAC was then
divided between the commercial and recreational sectors of the fishery
in the shares specified in the FMP (78 percent commercial and 22
percent recreational). The specifications of 6.0 million lb (2.7
million kg) for the commercial quota and 1.947 million lb (0.88 million
kg) for the recreational harvest limit were derived from the respective
TACs by subtracting the expected discards for 1997 (97 percent of the
discards are allocated to the commercial fishery and 3 percent are
allocated to the recreational fishery). The amount subtracted from the
commercial TAC was reduced to account for an anticipated decrease in
discards due to the implementation of minimum mesh size and fish size
restrictions in 1996 and 1997.
Comment: MADMF expresses concern that the quota will alter
fishermen's behavior and anticipates a change in the fishery for summer
flounder (fluke).
Response: It is unclear from the comment what change MADMF
anticipates or what action it is advocating. NMFS cannot respond other
than to agree that the imposition of management measures on a fishery
that was not previously regulated is intended to alter fishing behavior
to the benefit of the stock and to the long-term benefit of the
industry.
Comment: A comment from the Council supports the 1997
specifications for the scup fishery.
Response: NMFS notes the Council's support of the 1997
specifications for the scup fishery.
Classification
This action is authorized by 50 CFR part 648 and has been
determined not to be significant for purposes of E.O. 12866.
The Assistant General Counsel for Legislation and Regulation,
Department
[[Page 12107]]
of Commerce, certified to the Chief Counsel for Advocacy of the Small
Business Administration that this rule would not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (RFA). The reasons for the finding of no
significant economic impact under the RFA were discussed in the
proposed rule published in the Federal Register on December 9, 1996 (61
FR 64854), and are not repeated here. NMFS received several comments,
which are addressed above, regarding this certification. These comments
did not cause NMFS to change its determination regarding the
certification. As a result, no regulatory flexibility analysis was
prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 10, 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 amended
to read 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) Travel 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 (11.43 cm) diamond mesh, applied
throughout the codend for at least 75 continuous meshes forward of the
terminus of the net, or for codends with less than 75 meshes, the
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.
* * * * *
[FR Doc. 97-6483 Filed 3-11-97; 4:32 pm]
BILLING CODE 3510-22-M
