[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Proposed Rules]
[Pages 47106-47108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22752]
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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]
BILLING CODE 3510-22-W
