[Federal Register Volume 71, Number 59 (Tuesday, March 28, 2006)]
[Notices]
[Pages 15384-15387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4500]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032106A]


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Scoping Process

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of intent (NOI) to prepare an environmental impact 
statement (EIS); notice of scoping meetings; request for comments.

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SUMMARY: The Mid-Atlantic Fishery Management Council (Council) 
announces its intention to prepare, in cooperation with NMFS, an EIS in 
accordance with the National Environmental Policy Act to assess 
potential effects on the human environment of alternative measures for 
managing the summer flounder, scup, and black sea bass fisheries 
pursuant to

[[Page 15385]]

the Magnuson-Stevens Fishery Conservation and Management Act. The 
Council intends to develop Amendment 15 to the Summer Flounder, Scup, 
and Black Sea Bass Fishery Management Plan (FMP) to address several 
issues regarding the subject fisheries (see SUPPLEMENTARY INFORMATION). 
This notice announces a public process for determining the scope of 
issues to be addressed and for identifying the significant issues 
related to the management of summer flounder, scup, and black sea bass. 
The intended effect of this notice is to alert the interested public of 
the scoping process, the development of the Draft EIS, and to provide 
for public participation.

DATES: Written comments on the intent to prepare an EIS must be 
received on or before 5 p.m., local time, on June 30, 2006. Public 
scoping meetings will be held in April and May 2006. For specific dates 
and times, see SUPPLEMENTARY INFORMATION.

ADDRESSES: You may submit comments on the intent to prepare the EIS or 
other relevant information by any of the following methods:
     E-mail: [email protected]. Include in the subject line the 
following identifier: ``FSB Amendment 15 Scoping Comments.''
     Mail: Daniel Furlong, Executive Director, Mid-Atlantic 
Fishery Management Council, Room 2115, Federal Building, 300 South New 
Street, Dover, DE 19901-6790. Mark the outside of the envelope: 
``Comments on Summer Flounder, Scup, and Black Sea Bass Amendment 15.''
     Fax: (302) 674-5399.
    Copies of the scoping document may be obtained from the Council at 
the address above or via the Internet at 
http://www.mafmc.org/mid-atlantic/comments/comments.htm.

FOR FURTHER INFORMATION CONTACT: Daniel T. Furlong, (302) 674-2331.

SUPPLEMENTARY INFORMATION: The summer flounder, scup, and black sea 
bass fisheries are managed cooperatively by the Council and the 
Atlantic States Marine Fisheries Commission (Commission), in 
consultation with the New England and South Atlantic Fishery Management 
Councils.
    The management units specified in the Summer Flounder, Scup, and 
Black Sea Bass FMP include summer flounder (Paralichthys dentatus) in 
U.S. waters of the Atlantic Ocean from the southern border of North 
Carolina northward to the U.S./Canada border, and scup (Stenotomus 
chrysops) and black sea bass (Centropristis striata) in U.S. waters of 
the Atlantic Ocean from 35[deg]15.3' N. lat. (the latitude of Cape 
Hatteras Lighthouse, Buxton, NC) northward to the U.S./Canada border.
    The issues identified by the Council for discussion in Amendment 15 
to the FMP include (further information regarding each issue follows):
     Modifications to the allocation of Total Allowable 
Landings (TAL) to the commercial and recreational fisheries for summer 
flounder and scup;
     Changes to the summer flounder, scup, and black sea bass 
commercial allocations;
    Measures to reduce overcapacity in the summer flounder, scup, and 
black sea bass recreational and commercial fisheries;
     Modifications to the biological reference points for 
summer flounder, scup, and black sea bass;
     Separate allocations of quota to the party/charter sector 
of the recreational fishery for summer flounder, scup, and black sea 
bass;
     Separate allocations of quota to the shore-based fishermen 
in the recreational fishery for summer flounder, scup, and black sea 
bass;
     Measures to reduce discarding and/or discard mortality of 
summer flounder, scup, and black sea bass in the recreational and 
commercial fisheries;
     Modification to the reporting requirements for summer 
flounder, scup, and black sea bass through the vessel trip reporting, 
dealer weighout, and observer programs;
     Development of a conservation equivalency program for 
management of the recreational fishery for scup;
     Changes to the current management program for the summer 
flounder recreational fishery;
     Measures to allow the rollover of the unused portion of 
the TAL in the recreational and commercial fisheries for summer 
flounder, scup, and black sea bass, into the next fishing year; and
     Modifications to the limitations on vessel upgrades under 
moratorium permits for summer flounder, scup, and black sea bass.

Summer Flounder Commercial/Recreational Allocation

    In 2003, NMFS received a petition that requested the current 
recreational/commercial allocation (which is 60 percent commercial and 
40 percent recreational) be modified to provide 50 percent of the TAL 
to each sector. NMFS asked the Council and Commission to consider the 
petition. The Council considered this petition, recommended to NMFS 
that it be denied, and suggested that modifications to the summer 
flounder allocation could be considered in an amendment instead.

Summer Flounder Commercial Allocation

    Currently, the commercial quota is allocated to each state based on 
historic landings from 1980 through 1989. State-by-state allocations 
were developed to allow each state the ability to develop specific 
management programs that were designed for the commercial fishery in 
their state. In recent years, fishermen from some states have expressed 
an interest in other options that could be used to allocate the quota, 
including an Individual Fishing Quota (IFQ) program.

Overcapacity in the Summer Flounder Commercial Fleet

    A moratorium on Federal commercial permits and the state-by-state 
quota system have served to constrain effort in the commercial summer 
flounder fishery. However, the harvesting capacity may exceed the 
optimum yield on an annual basis, resulting in regulatory discards, 
derby fisheries, and negative impacts on habitat and protected 
resources.

Overcapacity in the Summer Flounder Recreational Fishery

    The harvesting capacity of the summer flounder recreational fishery 
may exceed the optimum yield on an annual basis, resulting in 
regulatory discards, derby fishing, and overcrowding of popular fishing 
areas.

Summer Flounder Biological Reference Points

    The current biological reference points for summer flounder that 
define overfishing (Fmsy) and an overfished (\1/2\ 
Bmsy) condition are based on yield-per-recruit calculations. 
Updated biological reference points were reviewed and accepted in June 
2005 by a Stock Assessment Review Committee. There has been some 
interest in a reexamination of the reference points based on other 
methodologies and the use of stock recruit data.

Management of the Summer Flounder Party/Charter Fishery

    A portion of the TAL could be allocated to the party/charter sector 
each year. Currently, fishermen fishing from party/charter boats are 
regulated by state regulations that apply to all recreational 
fishermen. A separate allocation could allow for the development of 
regulations that apply only to party/charter fishermen.

Management of the Summer Flounder Shore Fishery

    A portion of the TAL could be allocated to fishermen fishing for

[[Page 15386]]

summer flounder from shore. Currently, fishermen fishing from the shore 
and shore-based structures (e.g., jetties and bridges) are regulated by 
state regulations that apply to all recreational fishermen. A separate 
allocation could allow for the development of regulations that apply 
only to shore-based fishermen.

Management of the Summer Flounder Recreational Fishery

    The summer flounder recreational fishery is currently managed with 
a system that allows for the Council and Commission to decide if 
coastwide or state-by-state (conservation equivalency) regulations 
should apply each year. Recent action by the Council and Commission 
would also allow for states to voluntarily form subregions and develop 
identical regulations for the states in that subregion. Some fishermen 
have expressed an interest in exploring other management options for 
the summer flounder recreational fishery.

Summer Flounder Discards

    The issue of regulatory discards in the commercial and recreational 
fisheries for summer flounder has been raised a number of times over 
the years. However, based on sea sample data, discard rates in the 
commercial fishery have been relatively low on a coastwide basis. 
Discard rates are higher for vessels that fish for other groundfish 
species in states with lower trip limits and for summer flounder caught 
by scallop dredges. In addition, 10 percent of the summer flounder 
caught and released by anglers are assumed to die in the recreational 
fishery.

Scup Commercial/Recreational Allocation

    There have been recent discussions regarding the allocation of 
allowable catch to the commercial and recreational fisheries for scup. 
The current allocation is 78 percent commercial and 22 percent 
recreational. Issues include modification of the methodology to change 
catch allocations to landings allocations and the potential for 
transferring unused commercial quota to the recreational fishery on an 
annual basis.

Scup Commercial Allocation

    Current regulations allocate the commercial scup quota to three 
periods based on historic landings: Winter I, Summer, and Winter II. 
The regulations also allow for unused quota to be transferred from the 
Winter I to the Winter II period. There has been some discussion at 
Commission Board and Council meetings to modify the allocations to each 
period and also allow for the transfer of quota from Winter I to the 
Summer period.

Overcapacity in the Scup Commercial Fleet

    A moratorium on Federal commercial permits and the quota system 
have acted to constrain effort in the commercial scup fishery. However, 
the harvesting capacity may exceed the optimum yield on an annual 
basis, resulting in regulatory discards, derby fisheries, and negative 
impacts on habitat and protected resources.

Overcapacity in the Scup Recreational Fishery

    The harvesting capacity of the scup recreational fishery may exceed 
the optimum yield on an annual basis, resulting in regulatory discards, 
derby fishing, and overcrowding of popular fishing areas.

Scup Biological Reference Points

    The biological reference points for scup have not been reviewed or 
updated recently due to the lack of data. The current proxies are based 
on yield-per-recruit calculations to define overfishing and the NMFS 
Northeast Fisheries Science Center spring survey to define when the 
stock is overfished. There has been some interest in revising these 
reference points when data become available.

Management of the Scup Party/Charter Fishery

    A portion of the TAL for scup could be allocated to the party/
charter sector each year. Currently, fishermen fishing from party/
charter boats are regulated by state regulations that apply to all 
recreational fishermen. A separate allocation could allow for the 
development of regulations that apply only to party/charter fishermen.

Management of the Scup Shore Fishery

    A portion of the TAL could be allocated to fishermen fishing for 
scup from shore. Currently, fishermen fishing from the shore and shore-
based structures are regulated by state regulations that apply to all 
recreational fishermen. A separate allocation could allow for the 
development of regulations that apply only to shore-based fishermen.

Management of the Scup Recreational Fishery

    Unlike summer flounder, conservation equivalency has not been 
identified for scup. The Federal fishery management plan requires 
coastwide management measures that are identical for each state. 
However, the Commission has adopted addenda for the last several years 
that allow states to develop alternative management measures for state 
waters. Given this difference, there is some interest in developing a 
conservation equivalency approach that could be incorporated into both 
the Federal and state fishery management plans.

Scup Discards

    The issue of regulatory discards in the commercial and recreational 
fisheries for scup has been raised a number of times over the years. 
However, discard rates in the commercial fishery have been difficult to 
quantify. In addition, 15 percent of the scup caught and released by 
anglers are assumed to die in the recreational fishery.

Black Sea Bass Commercial Allocation

    Under the current regulations, the black sea bass quota is 
administered on a coastwide basis by NMFS to facilitate a state-by-
state approach that is implemented by the Commission. The current 
state-by-state allocations are in effect through 2007. State-by-state 
allocations were developed to allow each state to develop specific 
management programs that were designed for the commercial fishery in 
their state. In recent years, fishermen from some states have expressed 
an interest in other options that could be used to allocate the quota, 
including an IFQ program.

Overcapacity in the Black Sea Bass Commercial Fleet

    A moratorium on Federal commercial permits and the quota system 
have acted to constrain effort in the commercial black sea bass 
fishery. However, the harvesting capacity may exceed the optimum yield 
on an annual basis, resulting in regulatory discards, derby fisheries, 
and negative impacts on habitat and protected resources.

Overcapacity in the Black Sea Bass Recreational Fishery

    The harvesting capacity of the black sea bass recreational fishery 
may exceed the optimum yield on an annual basis, resulting in 
regulatory discards, derby fishing, and overcrowding of popular fishing 
areas.

Black Sea Bass Biological Reference Points

    The most recent assessment on black sea bass, completed in June 
2004, updated the proxies used to define overfishing and an overfished 
condition for black sea bass. Additional data and associated analyses 
may result in

[[Page 15387]]

potential changes to those reference points.

Management of the Black Sea Bass Party/Charter Fishery

    A portion of the TAL for black sea bass could be allocated to the 
party/charter sector each year. Currently, fishermen fishing from 
party/charter boats are regulated by state regulations that apply to 
all recreational fishermen. A separate allocation could allow for the 
development of regulations that apply only to party/charter fishermen.

Management of the Black Sea Bass Shore Fishery

    A portion of the TAL could be allocated to the fishermen fishing 
for black sea bass from shore. Currently, fishermen fishing from the 
shore and shore-based structures are regulated by state regulations 
that apply to all recreational fishermen. A separate allocation could 
allow for the development of regulations that apply only to shore-based 
fishermen.

Black Sea Bass Discards

    The issue of regulatory discards in the commercial and recreational 
fisheries for black sea bass has been raised a number of times over the 
years. However, discard rates have been difficult to quantify. In 
addition, about 25 percent of the black sea bass caught and released by 
anglers are assumed to die in the recreational fishery.

Data Collection Requirements and Protocols

    To improve the information available for assessment of summer 
flounder, scup, and black sea bass, changes could be made to 
information required to be reported through the Vessel Trip Report, 
dealer weighout, and observer programs.

Rollover of Unused Quota

    The unused portion of the TAL in the recreational and commercial 
fisheries for each of the species could be rolled into the next year's 
respective TAL.

Limitations on Vessel Replacement Upgrades

    The current commercial permits for summer flounder, scup, and black 
sea bass allow for a one-time replacement/upgrade of 20 percent in 
horsepower and/or 10 percent in vessel length. Several individuals have 
indicated these restrictions may be unfair, particularly for small 
vessel owners. The Council could consider changes to these regulations.

Scoping Meetings Schedule

    Ten public scoping meetings are scheduled as follows (note that NY 
meeting(s) to be determined):
    1. Monday, April 3, 2006, 7 p.m.; Roanoke Island Festival Park, One 
Festival Park, Manteo, NC; Contact: Red Munden, (252) 726-7021.
    2. Tuesday, April 4, 2006, 7 p.m.; Carteret Community College, 
CMAST Building, Room 306, Morehead City, NC; Contact: Red Munden, (252) 
726-7021.
    3. Tuesday, April 4, 2006, 7 p.m.; Virginia Marine Resources 
Commission, 2600 Washington Ave, 4th floor, Newport News, VA; Contact: 
Jack Travelstead, (757) 247-2247.
    4. Monday, April 10, 2006, 6 p.m.; University of Rhode Island 
Narragansett Bay Campus, Corless Auditorium, South Ferry Road, 
Narragansett, RI; Contact: Brian Murphy, (401) 423-1941.
    5. Monday, April 10, 6:30 p.m.; Ocean Pines Library, 11107 Cathell 
Road, Ocean Pines, MD; Contact: Howard J. King, III, (410) 260-8281.
    6. Tuesday, April 11, 2006, 7 p.m.; Connecticut Department of 
Environmental Protection, Marine Headquarters, 333 Ferry Road, Old 
Lyme, CT; Contact: Dave Simpson, (860) 434-6043.
    7. Tuesday, April 18, 2006, 7 p.m.; Ocean County Complex, 118 
Washington Street; Toms River, NJ; Contact: Tom McCloy, (609) 292-7794.
    8. Tuesday, April 18, 2006, 7 p.m.; Delaware Department of Natural 
Resources and Environmental Control, Richardson and Robbins Building 
Auditorium, 89 Kings Highway, Dover, DE; Contact: Rick Cole, (302) 739-
4782.
    9. Thursday, April 20, 2006, 6 p.m.; Radisson Plymouth Harbor, 180 
Water Street, Plymouth, MA; Contact: David Pierce, (617) 626-1532.
    10. Tuesday, May 2, 2006, 7 p.m.; Sheraton Oceanfront Hotel, 36th & 
Atlantic Avenue, Virginia Beach, VA; Contact: Dan Furlong, (302) 674-
2331.
    One or two public scoping meetings will be held in NY but have not 
yet been scheduled. Contact: Gordon Colvin, (631) 444-0433. This 
information will be posted on the Commission's website 
(http://www.asmfc.org) when available.

Special Accommodations

    These meetings are physically accessible to people with 
disabilities. Requests for sign language interpretation or other 
auxiliary aids should be directed to Jan Saunders, (302) 674-2331, at 
least 5 days prior to the meeting date.

    Authority: 16 U.S.C. 1801 et. seq.

    Dated: March 22, 2006.
Alan D. Risenhoover,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E6-4500 Filed 3-27-06; 8:45 am]
BILLING CODE 3510-22-S