Sea Bass increased 2-10 to 8-9

[jackdaniels]

new limit---The NMFS has given us back our sea bass season. The season is going to be May 22 to Sept 12 with a minimum of 12 1/2 inches with a bag limit of 25. Too bad this will not help the people who depended on sea bass this winter.


Fisheries of the Northeastern United;
Black Sea Bass Fishery; 2010 Black
Sea Bass Specifications; Emergency
Rule
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; emergency
action; request for comments.
SUMMARY: Through this emergency rule
NMFS is implementing increases to the
2010 black sea bass specifications (i.e.,
commercial fishing quota, recreational
harvest limit (RHL), and research setaside
(RSA)). This action is necessary to
mitigate potential foregone economic
yield associated with the current lower
specifications and to ensure the
specifications are consistent with the
best available scientific information.
This action is also necessary to increase
specifications consistent with the
recently revised catch level
recommendation from the Mid-Atlantic
Fishery Management Council (Council)
and its scientific advisors, the Scientific
and Statistical Committee (SSC).
DATES: Effective from February 10, 2010,
through August 9, 2010. Comments
must be received (see ADDRESSES) by 5
p.m., local time, on March 12, 2010.
SUPPLEMENTARY INFORMATION: A final
rule to establish the 2010 black sea bass
specifications was published in the
Federal Register on December 22, 2009
(74 FR 67978), and became effective on
January 1, 2010. The final rule
implemented a 2.71–million-lb (1,229–
mt) Total Allowable Catch (TAC) and,
after deducting estimated discards, a
Total Allowable Landings (TAL) of 2.3
million lb (1,043 mt). The TAC was
based on the SSC(s initial 2010
Acceptable Biological Catch (ABC)
recommendation of 2.71 million lb
(1,229 mt) and was the status quo catch
level from 2009. The TAL was further
subdivided into RSA, commercial quota,
and a RHL as outlined in the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan (FMP).
However, at its December 9–11, 2009,
meeting in Wilmington, DE, the Council
decided to convene a joint meeting of
the SSC and Black Sea Bass Monitoring
Committee (MC) to re-examine and
reconsider the SSC(s 2010 black sea bass
ABC recommendation. The Council’s
SSC and MC met on January 8, 2010,
and ultimately decided to revise the
ABC recommendation from 2.71 million
lb (1,229 mt) to 4.5 million lb (2,041
mt), consistent with catch levels
established for 2008.
On January 15, 2010, the Northeast
Regional Administrator, NMFS,
received a letter from the Council
Chairman, on behalf of the full Council,
formally relaying the SSC(s revised ABC
recommendation and requesting
emergency action to increase catch
levels as expediently as possible. The
Council outlined the following as
justification for requesting the
emergency modification of the 2010
black sea bass catch levels as follows:
• The Council provided the January
8, 2009, SSC meeting summary. The
summary document provides
information on the SSC discussion and
its justification for revising the 2010
ABC recommendation.
• The revision of the ABC
recommendation by the Council(s SSC
was unforeseen.
• The increased catch levels provided
by the revised ABC level can be
reasonably expected to alleviate
significant social and economic impacts
relative to the initial ABC
recommendation from the SSC.
The Regional Administrator has
reviewed the Council(s request for
temporary emergency rulemaking with
respect to section 305(c) of the
Magnuson Stevens Fishery Conservation
and Management Act (MSA) and NMFS
policy guidance for the use of
emergency rules (August 21, 1997; 62
FR 44421) and finds the Council(s
request meets both the criteria and
justifications for invoking the
emergency rulemaking provisions of the
MSA. Specifically, the SSC revision of
its previously recommended ABC was a
recent and unforeseen event. By this
emergency rulemaking, NMFS is
increasing the 2010 black sea bass TAC
and TAL, thereby relieving restrictions
imposed by the previous, lower catch
levels. Doing so will assist in preventing
significant direct economic loss for
fishery participants and associated
industries that would be subject to
lower commercial and recreational
harvest levels. An additional amount of
black sea bass landings will be set aside
for research activities, thereby
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Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations 6587
permitting additional research to be
funded by black sea bass RSA in 2010.
Through this temporary emergency
rule, NMFS increases the 2010 black sea
bass TAC from 2.71 million lb (1,229
mt) to 4.5 million lb (2,041 mt),
consistent with the revised ABC
recommendation from the SSC. After
deducting discards from the TAC, the
TAL is increased from 2.3 million lb
(1,043 mt) to 3.7 million lb (1,678 mt).
The Council expressed a desire that 3
percent of the increased TAL be set
aside for research, consistent with its
initial specification process that
occurred in August 2009. This results in
111,000 lb (50 mt) as the revised RSA.
The remaining 3,589,000 lb (1,628 mt) is
divided 49 percent for the revised
commercial fishery quota and 51
percent as the revised RHL. The
complete change to all specifications
resulting from this temporary
emergency rule are outlined in Table 1.
TABLE 1. TEMPORARY EMERGENCY RULE REVISED 2010 BLACK SEA BASS SPECIFICATIONS
Allowable Biological
Catch (ABC)/ Total Allowable
Catch (TAC)
Discards Total Allowable Landings
(TAL)
Research Set-Aside
(RSA)
Commercial Quota Recreational Harvest
Limit (RHL)
lb mt
lb mt lb mt lb mt lb mt lb mt
Published at 74
FR 67978, December
22,
2009 2,710,000 1,229 410,000 186 2,300,000 2,252 69,000 31 1,093,190 456 1,137,810 516
Emergency Rule
Revisions 4,500,000 2,041 800,000 363 3,700,000 1,678 111,000 50 1,758,610 798 1,830,390 830
Classification
The Administrator, Northeast Region,
NMFS, determined that this temporary
rule is consistent with the national
standards and other provisions of the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws. The rule may be
extended for a period of not more than
186 days as described under section
305(c)(3)(B) of the Magnuson-Stevens
Fishery Conservation Management Act.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment because it would be
contrary to the public interest.
This emergency action is being
implemented to increase the 2010 black
sea bass allowable landings levels for
the commercial and recreational
fisheries, thereby alleviating restrictions
on both. The information to support the
increase through this action was not
available from the Council until January
15, 2010, and occurred as the result of
unforeseen circumstances. It could not
be foreseen that the Council would
request the SSC to revisit its 2010 ABC
recommendation from the catch levels
associated with the previously
implemented, more restrictive
measures. It was also unforeseen that
the SSC would increased its previously
recommended ABC level and that the
Council would request implementation
of the increase by emergency action.
Unnecessary economic harm and
negative social impacts will occur to
fishery participants and related
businesses if this action to increase
catch levels is not enacted as quickly as
possible. Notice and comment
rulemaking would significantly delay
implementation of the increased catch
levels and, given the seasonal
distribution of black sea bass, would
likely result in differential, higher
impacts to some individual states and
fishery participants that operate almost
exclusively in the first quarter. Such
impacts would undermine the intent of
this rule. These negative socio-economic
impacts may be alleviated or eliminated
by the more expedient implementation
of increased catch limits by NMFS
through this emergency rule.
Commercial fishing activities are
already underway for the 2010 fishing
season that opened on January 1, 2010.
Individual states are currently utilizing
very restrictive trip and possession
limits to ensure that the NMFSadministered
coastwide quota is
available for the entirety of the 2010
fishing year. These possession limits
cause fishery participants that
encounter black sea bass above and
beyond their permitted limits to discard
fish at sea, often with high mortality
rates among discarded animals. By
promulgating this emergency rule
without prior notice and the
opportunity for public comment, NMFS
will more quickly increase the 2010
commercial quota which will, in turn,
allow for less restrictive stateadministered
trip and possession limits.
This will allow fishery participants to
convert potential at-sea discards into
landings and to maximize the economic
returns from their fishing operations.
Recreational fisheries have not yet
begun for 2010; however, the Council is
in the process of finalizing
recommended 2010 management
measures for submission to NMFS for
review and implementation. By
foregoing prior notice and the
opportunity for public comment, NMFS
will ensure that the Council may make
use of the less restrictive, increased RHL
when crafting and analyzing potential
2010 black sea bass recreational
management measures. Were normal
notice-and-comment rulemaking
utilized to implement the increased
2010 black sea bass catch levels, it is
highly likely that additional rulemaking
would be necessary to liberalize
recreational management measures later
in the year following the
implementation of the increased RHL.
Following the implementation of this
emergency rule to increase the RHL,
only one notice-and-comment
rulemaking will be necessary to
establish the 2010 recreational
management measures in the spring of
2010.
The efficiencies gained by
promulgating recreational management
measures through one rulemaking are
significant and contribute to effective
joint management between state and
Federal management partners and
ensures the orderly prosecution of the
fishery. Many of the individual states
involved with management of black sea
bass recreational fisheries within their
state-water jurisdictions have complex
rulemaking processes, often involving
their respective legislatures or public
hearing processes. Were black sea bass
recreational management measures
revised through a second rulemaking
mid-year or later, comparable state
management measures would lag
behind measures for Federal waters.
This is an undesirable situation that
NMFS, the Council, and the individual
states have specifically sought to avoid
in recent years by jointly adopting
identical management measures for state
and Federal waters. In addition, many
recreational party and charter vessel
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6588 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations
operators book clients for trips well in
advance. These operators will benefit by
being able to better plan their operations
for the entirety of the fishing year under
the to-be established recreational
management measures as opposed to
having to develop business plans for
measures under both the existing and
increased catch levels that would
become effective later in the fishing year
were a second rulemaking necessary.
In addition, by implementing the
increase in 2010 TAL quickly, NMFS
will be able to increase the amount of
black sea bass set aside for research
from 69,000 lb (31 mt) to 111,000 lb (50
mt). This additional 42,000 lb (19 mt)
will permit additional research on black
sea bass to be conducted. A previously
approved RSA project to conduct a pot
survey of scup in hard bottom areas of
southern New England has been
awarded a NOAA Grant to conduct their
proposed scup research using RSA;
however, this project also proposed to
conduct simultaneous research on black
sea bass but was not awarded
authorization to do so because
insufficient pounds of black sea bass
RSA were available at the time of the
grant award. This action will make
available sufficient black sea bass RSA
for the black sea bass component of this
project to move forward. Timely
distribution of the additional RSA
pounds is necessary to ensure both the
research field work and RSAcompensation
fishing can occur during
the spring fishery. Delay of the
additional black sea bass RSA award by
notice-and-comment rulemaking would
likely jeopardize the completion of the
research. The researcher would likely
miss a substantial portion of the field
research, not have sufficient time to
generate research funding by the sale or
capture of the RSA pounds, or both.
NMFS has determined that increasing
the 2010 black sea bass TAC and TAL
by emergency action is consistent with
section 305(c) of the MSA and NMFS
guidance for application of emergency
rules. The revised TAC and TAL are
consistent with the best available
scientific information (i.e., the revised
SSC ABC recommendation), the
Summer Flounder, Scup, and Black Sea
Bass FMP, and present a low likelihood
that the black sea bass stock will
experience overfishing. Implementation
via emergency rule is expected to
substantially mitigate negative socioeconomic
impacts to fishery
participants and associated businesses.
Negative socio-economic impacts would
continue or, in some components of the
2010 fisheries be more severe, if
implementation of the increased TAL
were delayed by normal notice-andcomment
rulemaking.
For the same reasons, the Assistant
Administrator for Fisheries, NOAA,
finds good cause pursuant to 5 U.S.C
553(d)(3) to waive the 30-day delayed
effective date required by 5 U.S.C.
553(d). Members of the public, fishing
and related industries, and the Council
expect NMFS to utilize the most
expedient rulemaking processes
possible to ensure that the revised 2010
black sea bass TAL is implemented as
quickly as possible to relieve fishery
restrictions.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This rule is exempt from the
procedures of the Regulatory Flexibility
Act because the rule is not subject to the
requirement to provide prior notice and
opportunity for public comment
pursuant to 5 USC 553 or any other law.

[jackdaniels]

http://www.app.com/article/20100212/...017&source=rss

In what is becoming the never-ending saga of black sea bass quotas, the National Oceanic and Atmospheric Administration has decided to follow the recommendation of the Mid-Atlantic Fishery Management Council and increase the total allowable catch by nearly 61 percent. This increase will allow for a black sea bass season, originally scheduled to be open only during the months of June and September, to be open from May through September.

That's the good news.

The bad news is that the adjusted season is still much shorter than last year's and NOAA's decision does not affect the current closure for black sea bass in federal waters, which began in October. It also means that the traditional winter black sea bass fishery remains closed in federal waters, leaving party boat captains one less species to target.

Black sea bass have been at the center of a regulatory storm for some time, but it came to a head with the unprecedented closure in October.

In a news alert issued by the Recreational Fishing Alliance on the quota increase, the RFA reported that the initial closure came "in response to random survey data indicating that recreational fishermen may catch more than double their annual quota by the end of 2009. NOAA cited preliminary harvest information compiled through the Marine Recreational Fishing Statistical Survey (MRFSS) as indication that recreational anglers could exceed their 1.14-million-pound harvest limit by as much as 84 to 225 percent, thereby impacting their 2010 allowable harvest as well."

The alert went on to detail how the RFA responded to the unprecedented federal shutdown of the black sea bass fishery in a legal challenge filed in U.S. District Court on behalf the Northeast and Mid-Atlantic recreational community, seeking declaratory and injunctive relief with "expedited consideration" against the Secretary of the United States Department of Commerce, NMFS and NOAA.

According to Herb Moore, one the lead attorneys for the RFA and their fellow plaintiffs, the federal government has proven its inability to properly manage fisheries. "In light of this latest announcement from NMFS increasing our current sea bass quota, I think they're well within their legal jurisdiction to reopen this fishery," Moore said. "It's what we've said all along, there was no justification for shutting down this fishery in the first place."

The alert indicated the RFA's attorneys are still reviewing options for the federal legal challenge, citing substantial and irreparable harm brought forth by the emergency closure on a statistically rebuilt fishery.

"We have to make sure that NMFS never does this again," said RFA legal counsel Ray Bo

[jackdaniels]

.S. increases black sea bass quota by 60 percent

Action comes as Galloway-based alliance sues over closed fishery
http://www.pressofatlanticcity.com/n...bf3409d48.html

By RICHARD DEGENER, Staff Writer | Posted: Saturday, February 13, 2010 | 0 comments


The federal government this week took emergency action to increase the black sea bass quota in 2010 by nearly 61 percent over what had been proposed.

The action came amid a six-month closure of the fishery and a lawsuit filed in U.S. District Court by the Galloway Township-based Recreational Fishing Alliance.

Fishermen were incensed about the 180-day moratorium that began in October, saying it destroyed the winter fishery and put people out of work based on data that even the government admits is flawed.

That led to the RFA lawsuit and is one of many grievances prompting fishermen, both commercial and recreational, to plan a march in Washington, D.C., later this month.

The National Marine Fisheries Service on Tuesday announced the emergency action to increase the recreational harvest limit from the 1.14 million pounds already approved for 2010 to 1.83 million pounds. The commercial harvest had been set at 1.09 million pounds this year but is now increased to 1.76 million pounds.

The increases are for the entire East Coast fishery. Recreational anglers get 51 percent of the catch while 49 percent goes to the commercial industry.

The action came after the Mid-Atlantic Fishery Management Council, which drafts management plans for black sea bass, requested the higher limits.

The RFA said it is still reviewing its options concerning the lawsuit, since "substantial and irreparable harm" was brought forth by the closure.

"We have to make sure the National Marine Fisheries Service never does this again. The RFA will continue with the ongoing sea bass legal challenge in order to protect the recreational sector against such actions in the future," said Ray Bogan, legal counsel for the RFA.

The decision also will not cancel the "United We Fish" march set for Feb. 24 in Washington.

In a sign of solidarity against recent fishing decisions and to highlight problems with the federal law that regulates fishing, commercial and recreational fishermen are planning to assemble on the steps of the Capitol from noon to 3 p.m.

'It's abuse' of data

The decision to ban sea bass fishing for 180-days, and initially set such a low quota for 2010, was based partly on data gathered by interviewing anglers at random using phone calls. The accuracy of the Marine Recreational Fisheries Statistical Survey, or MRFSS, has been questioned for years.

"It's abuse on the part of the federal government to use this data for a complete shutdown," RFA Executive Director Jim Donofrio said.

The outrage caused by the moratorium resulted in committees of the Mid-Atlantic Council to conduct further reviews of data. The council then requested the emergency action.

Maggie Mooney-Seus, a spokeswoman for the National Marine Fisheries Service, said the council's new findings allow higher catch levels that will significantly reduce the economic effects on the fishing industry while still maintaining the health of sea bass stocks.

It remains unclear how the new quota will change specific sea bass regulations. The commercial sector has seasons and as bass are brought ashore and weighed the quota is filled, leading eventually to a closing.

It's impossible to get exact data on recreational catches, so anglers are regulated by bag limits, seasons and a minimum fish size. Last year began with a bag limit of 25 fish per angler per day, a 12.5-inch minimum size and a 12-month fishing season. The moratorium ended that season prematurely.

The RFA said the original 2010 quota was expected to produce a two-month season, with fishing allowed only in June and September. That season will likely be extended but it remains unclear by just how much.

"Management measures for the 2010 recreational fishery are still being developed, with rulemaking expected to begin later this spring," Mooney-Seus said.

Sea bass catch

Fishing groups are warning anglers that, even with the increase, there is still going to be less sea bass fishing than in the past, and the RFA says the higher quota did not eliminate the moratorium that is set to end April 12. The RFA said the government has no plans to allow the traditional winter fishery in federal waters, from 3 to 200 miles offshore.

Tom Fote, legislative chairman of the Jersey Coast Angler's Association, expects the season to run from May into September. Fote said that would destroy the winter season.

"That means summer flounder and black sea bass will be open and closed for almost the same season. This will cause a huge economic impact on New Jersey and other states' fishing industries and the recreational angler fishing experience," Fote said.

Sea bass historically were caught in much greater numbers. During the 1980s, the commercial catch averaged 3.4 million pounds per year while anglers landed about 6.2 million pounds.

With landings declining, the federal government in 1994 started ratcheting back sea bass catches.

Recreational fishermen over-fished their 2009 quota of 1.14 million pounds. The exact figure is not compiled yet but the projection is 3.3 million pounds were caught, which some say is a sign stocks are increasing.

Contact Richard Degener:

609-463-6711

RDegener@pressofac.com