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Federal Register / Vol. 71, No.

178 / Thursday, September 14, 2006 / Proposed Rules 54261

DEPARTMENT OF COMMERCE included rationale for the action and 2004 Stock Assessment Report for use
requested that the Secretary implement by the Striped Bass Management Board
National Oceanic and Atmospheric a 28–inch minimum size limit for the (Board), which included data through
Administration recreational and commercial striped 2003. That assessment contradicted
bass fisheries in the EEZ and allow previous assessments which had
50 CFR Part 697 states the ability to adopt more indicated that the striped bass
[I.D. 063003A]
restrictive rules for fishermen and population was not overfished and
vessels licensed in their jurisdiction. continued to grow in abundance.
RIN 0648–AR33 In February 2003, the 2002 fishing Instead, the results indicated that the
mortality rate of F=0.28 was below the stock was overfished and that spawning
Atlantic Striped Bass Conservation target level (F=0.30), whereas the female stock biomass had been reduced to
Act; Atlantic Striped Bass Fishery spawning stock biomass of 60.6 million below target levels. However, given that
AGENCY: National Marine Fisheries pounds was 1.6 times the target level an results of tagging study analyses did not
Service (NMFS), National Oceanic and all-time high. Under these ideal show a similar increase in fishing
Atmospheric Administration (NOAA), conditions, the Commission mortality, the members of the Technical
Commerce. recommended to the Secretary to open Committee did not feel the assessment
the EEZ to striped bass fishing. provided an accurate representation of
ACTION: Withdrawal of a notice of intent
In response to the Commission stock status. As such, the Technical
to prepare an Environmental Impact recommendation, an advance notice of
Statement (EIS). Committee recommended the 2004
proposed rulemaking (ANPR) was assessment results not be used for
SUMMARY: On October 20, 2003, NMFS published in the Federal Register on management decisions until both the
announced its intent to prepare an July 21, 2003 (68 FR 43074). The modeling software and the input data
Environmental Impact Statement (EIS) comment period closed on August 20, sets were reevaluated during the 2005
and hold scoping meetings in 2003. The comment period was assessment process. As a result, the
accordance with the National subsequently reopened on August 26, 2004 stock assessment has not been
Environmental Policy Act (NEPA). On 2003 (68 FR 51232), for an additional used by the Commission for
September 7, 2006, the Assistant 30-days. NMFS announced that it was management decisions. In addition,
Administrator for Fisheries decided to considering proposed rulemaking to NMFS decided to delay the completion
withdraw NMFS’ intent to prepare an revise Federal Atlantic striped bass of the EIS to be able to incorporate the
EIS due the increase in the fishing regulations to be compatible with the 2005 stock assessment in the EIS.
mortality rate since the time of the Commission’s Amendment 6, and was During 2005, the Technical
original notice. The overwhelming seeking comments on the Committee and Stock Assessment
public response to the rulemaking - the implementation of the Commission’s Subcommittee reviewed model inputs
great majority of whom were in support recommendations to the Secretary to and the model itself to determine if the
of maintaining the closure - together open the EEZ to the harvest of Atlantic results from the 2004 assessment truly
with the clear public perception that striped bass. NMFS also solicited reflected status of the population or
large trophy sized fish congregate in the comments on possible alternative were an artifact of data or model errors.
Exclusive Economic Zone (EEZ), management measures and issues They concluded that a number of the
suggests that fishing effort in an opened relative to these recommendations. indices used in the 2004 effort were not
After review of comments received consistent with what was observed in
EEZ might markedly increase striped
from the public during the ANPR the population as a whole, or were
bass mortality above the already
comment period, NMFS determined contradictory to the majority of other
elevated current rates. Therefore, further
there were sufficient issues raised, both reliable time series. Those indices were
processing of an EIS is no longer
in support of, and in opposition to, the removed from subsequent model runs.
warranted. The notice of intent to
Commission’s recommendation, to The Technical Committee believes the
prepare an EIS is withdrawn and the
warrant further evaluation of the current assessment reflects the true
NEPA process is hereby terminated.
potential impacts of opening the EEZ to status of the population, i.e., the stock
DATES: Effective September 14, 2006. striped bass fishing. That determination is not overfished and overfishing is not
FOR FURTHER INFORMATION CONTACT: For resulted in the initiation of a decision- occurring.
any further information, contact Chris making process required under the
Moore, Chief, Partnerships and Further Public Participation
NEPA. A Notice of intent to prepare an
Communications Division, Office of Environmental Impact Statement (EIS) As a result of the new assessment
Sustainable Fisheries, NMFS, 1315 East- and notice of scoping process was results, NMFS decided to consider
West Highway, Room 13317, Silver published in the Federal Register on options for opening the EEZ again in
Spring, MD 20910. October 20, 2003 (68 FR 59906). The 2006. Because significant time had
SUPPLEMENTARY INFORMATION: notice presented a summary of the passed since the nine initial scoping
ANPR comments, and requested further hearings were held in November–
Background December 2003, and given that further
public input on a list of potential
On April 24, 2003, the Atlantic States alternatives and other management stock assessments were now available,
Marine Fisheries Commission measures. Public meetings were held in NMFS needed additional scoping before
(Commission) recommended that the nine Atlantic coast states between finalizing the alternatives to be analyzed
Secretary of Commerce (Secretary) November 5 and December 10, 2003, in a draft EIS. NMFS developed a
remove the moratorium on the harvest and public comment period closed on preliminary draft analyses of Federal
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of striped bass in the EEZ and December 22, 2003. management options to open the EEZ to
implement Federal regulations to the harvest of Atlantic Striped Bass
compliment Commission measures in Delay in the Development of an EIS (Options Paper), which included the
Amendment 6 to the Interstate Fishery In September 2004, the Commission’s 2005 stock assessment. This document
Management Plan for Striped Bass Striped Bass Technical Committee was published in the Federal Register
(Amendment 6). In addition, the letter (Technical Committee) prepared its on April 24, 2006 (71 FR 20984) with a

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54262 Federal Register / Vol. 71, No. 178 / Thursday, September 14, 2006 / Proposed Rules

30-day comment period. The comment public believes that ‘‘It has been threshold of 0.41. This shift represents
period was extended an additional 30 determined that the majority of striped a mortality increase of 43% since 2002.
days and ended June 26, 2006. Options bass in the EEZ are larger fish, which In fact, fishing mortality estimates for
considered in the document were: (1) also tend to be females,’’ although, there older striped bass (age 9 F=0.50) and
Open the entire EEZ, implement a 28– is no scientific study to substantiate (age 10 F=0.44) both exceed the
inch (71.1–cm) minimum size limit, and this. Regardless, there exists a strong threshold level. Further, the trend
allow states to adopt more restrictive perception by the public that larger fish toward increasing female spawning
regulations for fishermen and vessels are offshore and that perception alone stock biomass (SSB) has reversed itself
licensed in their state (Commission might cause an increase in fishing with the overall biomass decreasing
recommendation); (2) open the entire pressure in the EEZ and, as a result, an from 60.6 million pounds (according to
EEZ, implement a 28–inch (71.1–cm) overall increase in mortality on the the science available in February 2003),
minimum size limit, allow states to stock. to 55.0 million pounds in November
adopt more restrictive regulations for 2005. The SSB remains well above the
Discussion
fishermen and vessels licensed in their target of 38.6 million pounds and
state, implement a recreational bag limit The striped bass stock has shown threshold of 30.9 million pounds, but
of 2 fish per day, require circle hooks for significant changes since 2003 when the has shown a downward trend of 9
all commercial and recreational hook Commission recommended that the percent since 2002.
and line fishing using bait, and Secretary open the EEZ to striped bass The analysis in the Options Paper
commercial trip limits (option a) fishing in Amendment 6. Although stated that any increase in EEZ effort
bycatch trip limit options (option b); (3) approved in February 2003, (increase mortality) under options 1–3
open the entire EEZ, implement a 28– Amendment 6 was based largely on data would likely be minimal. But, with the
inch (71.1–cm) minimum size limit, from the 2001 Stock Assessment. fishing mortality rate at F=0.40, NMFS
allow states to adopt more restrictive Notably, at the time of adoption, the cannot be certain, especially after taking
regulations for fishermen and vessels best available science suggested the into account the overwhelming public
licensed in their state, allow hook and mortality rate to be stable and below the perception that large trophy sized fish
line gear only, implement a recreational threshold, and that spawning stock congregate in the EEZ, that opening the
bag limit of 2 fish per day, require circle abundance was increasing. Amendment EEZ would not increase effort and lead
hooks for all commercial and 6 incorporated new management to an increase in mortality that would
recreational hook and line fishing using standards to ensure stock conservation exceed the threshold. Since the current
bait, and implement a commercial trip including targets and thresholds for mortality rate is just below the
limit of 30 fish per trip or day both mortality and spawning stock threshold, any increase will require the
whichever is greater; and (4) status quo. biomass, and five triggers that would Commission to reduce fishing effort on
No preferred option was identified. allow the Commission to respond striped bass. Both the Commission’s and
Most public comments were based on quickly to increased mortality. One of NMFS’ ability to immediately respond
review of the Options Paper, which the triggers is ‘‘If the Management Board to an overfishing and/or overfished
analyzed impacts under each of the four determines that the fishing mortality situation is a potential issue,
options. The Option Paper stated that threshold is exceeded in any year, the particularly given the timeframe within
options 1–3 could result in an increased Board must adjust the striped bass which Amendment 6 was created, and
fishing pressure in the EEZ (i.e., management program to reduce the given the lag time in which a given
increased mortality), however, any fishing mortality rate to a level that is year’s data is available to management.
increase in EEZ effort will likely be at or below the target within one year.’’ Therefore, NMFS has concluded that
minimal and offset by an equally small The best available science suggests it would be imprudent to open the EEZ
decrease in nearshore effort. that the stock’s status and fishing at this time and has chosen to not
The vast majority (97 percent) of the mortality rate have changed proceed with further processing of an
8,000–plus comments were for option 4 significantly since the time the EIS under the NEPA process.
status quo. Public comments Commission approved Amendment 6 in Authority: 16 U.S.C. 1851 note.
overwhelmingly indicated that the February 2003. Not only has the overall
public disagreed with the Option trend shifted towards increased Dated: September 8, 2006.
Paper’s conclusion that there would be mortality, but the specific fishing Alan D. Risenhoover,
no increase mortality if the EEZ were mortality rate itself has increased from Director, Office of Sustainable Fisheries,
opened. The public believes that if the F=0.28 (below the target of 0.30) to National Marine Fisheries Service.
EEZ were opened that mortality would F=0.40 a rate that exceeds the target and [FR Doc. E6–15262 Filed 9–13–06; 8:45 am]
increase substantially. In addition, the is almost equal to the overfishing BILLING CODE 3510–22–S
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