[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28954]


[[Page Unknown]]

[Federal Register: November 25, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 625

Docket No. [940262-4321; I.D. 111894B]

 

Summer Flounder Fishery

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

ACTION: Notification of commercial quota increase and commercial quota 
availability.

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SUMMARY: NMFS issues this document to announce an increase in the 
commercial quota for the 1994 summer flounder fishery. The intent of 
this document is to comply with an Opinion and Order issued by District 
Court Judge Robert Doumar, directing NMFS to reset the quota equal to 
19.05 million lb (8.6 million kg). This document advises the public 
that a quota adjustment has been made and informs the public of 
revisions to state quotas necessitated by this adjustment. As a result 
of this action, vessels issued a Federal fisheries permit for the 
summer flounder fishery may resume landing summer flounder in the State 
of Delaware until the 1994 quota is harvested.

EFFECTIVE DATE: November 18, 1994.

FOR FURTHER INFORMATION CONTACT: Hannah Goodale, 508-281-9101.

SUPPLEMENTARY INFORMATION: Regulations implementing the Summer Flounder 
Fishery Management Plan (FMP) are found at 50 CFR part 625. The 
regulations require NMFS annually to establish and apportion among the 
coastal states from Maine to North Carolina a commercial quota for 
summer flounder. The process required to set the annual commercial 
quota and the percent allocated to each state is described in 50 CFR 
625.20. The commercial summer flounder quota for the 1994 calendar 
year, adopted pursuant to these regulations, was initially set to equal 
16,005,560 lb (7.3 million kg) (59 FR 10586, March 7, 1994).
    In a decision filed November 4, 1994, in the Norfolk Division of 
the United States District Court for the Eastern District of Virginia, 
Judge Robert Doumar ordered NMFS to increase the commercial quota to 
19.05 million lb (8.6 million kg).
    Section 625.20(d)(1) of 50 CFR requires that the annual quota (as 
ordered increased) be distributed to the coastal states according to 
specified percentages. Section 625.20(d)(2) requires that any state 
which had landings in excess of the state's quota in 1993 have its 1994 
allocation adjusted by deducting the 1993 excess. This adjustment was 
made to the initial 1994 quotas in a document published in the Federal 
Register on May 25, 1994 (59 FR 26971). These overages are likewise 
deducted from the Court-ordered quota in Table 1 below.
    Section 625.20(f) allows a state to transfer all or a portion of 
its commercial quota. The States of Connecticut, Maryland, North 
Carolina, and the Commonwealth of Virginia made transfers to the State 
of Delaware, which were effective June 1, 1994 (59 FR 29207, June 6, 
1994). The State of New Jersey made a transfer to the State of 
Connecticut, which was effective September 29, 1994 (59 FR 50512, 
October 4, 1994). These transfers are reflected in Table 1 below.
    Table 1 shows the allocation to each state of the court-ordered new 
quota, the 1993 overage amounts to be deducted, the quota transfers 
made by the states, and the resulting final state quotas.

                    Table 1.--Adjusted 1994 Commercial Quota for the Summer Flounder Fishery                    
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                                                    Court-        1993                     Adjusted 1994 quota  
                                                   ordered      overage        1994    -------------------------
                     States                       1994 quota    deducted    transfers                           
                                                    (lbs)        (lbs)        (lbs)        (lbs)         (kg)   
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Maine..........................................        9,060          149            0        8,911        4,042
New Hampshire..................................           88            0            0           88           40
Massachusetts..................................    1,299,297       60,459            0    1,238,838      561,937
Rhode Island...................................    2,987,608            0            0    2,987,608    1,355,179
Connecticut....................................      429,974            0      +22,989      452,963      205,464
New York.......................................    1,456,751            0            0    1,456,751      660,782
New Jersey.....................................    3,186,110      143,098      -23,085    3,019,927    1,369,839
Delaware.......................................        3,389        4,206       +6,040        5,223        2,369
Maryland.......................................      388,448        2,252       -1,000      385,196      174,725
Virginia.......................................    4,060,843      169,513       -2,162    3,889,168    1,764,127
North Carolina.................................    5,228,432       23,085       -2,782    5,202,565    2,359,883
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    As a result of this quota adjustment, the previous closure document 
effective March 30, 1994 (59 FR 15863, April 5, 1994) is rescinded and 
vessels may again land summer flounder in Delaware, until the available 
1994 quota is harvested.
    The Mid-Atlantic Fishery Management Council has submitted to NMFS a 
recommended summer flounder coastwide quota for 1995 of 19.4 million 
pounds (8.8 million kg). This recommendation did not account for the 
possible increase in mortality that could occur from this upward 
adjustment of the quota in response to the Court Order. Consequently, a 
re-examination of the factors in section 625.20 that must be considered 
in setting the annual quota will have to be undertaken to assess what 
quota level in 1995 will assure attainment of the fishing mortality 
reduction goal of 0.53. If the adjusted quota in 1994 is completely 
harvested, the current recommended quota for 1995 will have to be 
adjusted downward.

Classification

    This action is required by 50 CFR part 625 and is exempt from 
review under E.O. 12866.

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

    Dated: November 18, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-28954 Filed 11-18-94; 3:56 pm]
BILLING CODE 3510-22-P