[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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