[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Proposed Rules]
[Pages 46105-46106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21947]




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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 625

[Docket No. 950822210-5210-01; I.D. 081195A]
RIN 0648-AH94


Summer Flounder Fishery; Amendment 7

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to implement measures proposed 
in Amendment 7 to the Summer Flounder Fishery Management Plan (FMP). 
This amendment would revise the fishing mortality rate reduction 
schedule for summer flounder, with the intended effect of still 
rebuilding summer flounder stock abundance, while reducing short-term 
economic losses for participants in the fishery.

DATES: Comments on the proposed rule must be received on or before 
October 16, 1995.

ADDRESSES: Comments on the proposed rule should be sent to Dr. Andrew 
A. Rosenberg, Regional Director, National Marine Fisheries Service, 
Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930-
2298. Mark the outside of the envelope ``Comments on Summer Flounder 
Plan.''
    Copies of Amendment 7, the environmental assessment, and the 
regulatory impact review are available from David R. Keifer, Executive 
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal 
Building, 300 S. New Street, Dover, DE 19901-6790.

FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy 
Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION:

Background

    Amendment 7 was prepared by the Mid-Atlantic Fishery Management 
Council (Council) in consultation with the Atlantic States Marine 
Fisheries Commission (ASMFC) and the New England and South Atlantic 
Fishery Management Councils. A notice of availability for the proposed 
amendment was published in the Federal Register on August 17, 1995 (60 
FR 42830). Copies of the amendment are available from the Council upon 
request (see ADDRESSES). The amendment revises management of the summer 
flounder (Paralichthys dentatus) fishery pursuant to the Magnuson 
Fishery Conservation and Management Act, as amended (Magnuson Act).
    The management unit continues to be summer flounder in U.S. waters 
in the western Atlantic Ocean from North Carolina northward. The 
objectives of the FMP are unchanged by this amendment: (1) Reduce 
fishing mortality in the summer flounder fishery to assure that 
overfishing does not occur; (2) reduce fishing mortality of immature 
summer flounder to increase spawning stock biomass; (3) improve the 
yield from the fishery; (4) promote compatible management regulations 
between state and Federal jurisdictions; (5) promote uniform and 
effective enforcement of regulations; and (6) minimize regulations to 
achieve the management objectives stated above.
    The regulations implementing the FMP, and its amendments, enact a 
broad spectrum of measures to stop overfishing and allow the stock to 
rebuild. These measures include a fishing mortality rate (F) reduction 
schedule. The reduction schedule was set at F of 0.53 for 1993-95, and 
Fmax (0.23) in 1996 and thereafter. Fmax is the biological 
reference point that corresponds to the level of fishing mortality that 
produces the maximum yield per recruit. The schedule was developed and 
adopted by the Council and ASMFC after lengthy deliberations. It was 
deemed an appropriate balance between effective reduction in fishing 
mortality and short-term economic burdens placed on participants in the 
fishery.
    The Council and ASMFC conducted analyses of the fishing mortality 
rate reduction schedules during the development of Amendment 2. This 
reduction in fishing mortality was to be accomplished through a 
combination of minimum mesh size and minimum fish size restrictions and 
a coastwide annual quota divided between the recreational and 
commercial fisheries. Based on these analyses, the Council believed 
that by the fourth year of the rebuilding schedule (1996), the level of 
rebuilding in the stock would offset any significant reductions in 
quota. That is, it was assumed that the stock growth from years 1 to 3 
would be large enough, so that by 1996 the quota would not be 
significantly different from the 1995 level.
    However, although the stock has rebuilt from its 1989 low level, it 
has not recovered to the extent projected. Lower than expected 
recruitment levels

[[Page 46106]]

in 1993 and redirected exploitation patterns on more ages-0 and -1 fish 
produced a higher F than expected. Thus, in order to reach the target F 
of 0.23 in 1996, given our current knowledge of stock abundance and age 
distribution, the resulting quota would be approximately 11 million lb 
(4,990 mt), or about a 50 percent reduction from the 1995 quota. 
Because of the magnitude of this reduction, and the resulting short-
term losses to the industry, the Council and ASMFC initiated a re-
examination of the fishing mortality rate reduction schedule for summer 
flounder.
    This examination included analyses of the impacts of proposed 
changes on future spawning stock biomass (SSB) and recruitment success. 
Based on virtual population analysis (VPA) results, there is a near 
linear relationship between summer flounder SSB and recruitment. Thus, 
as SSB increases, recruitment should also increase. Lower levels of 
recruitment from 1983 to 1993 were associated with SSB estimates 
ranging from 11 to 33 million lb (4,990 to 14,969 mt). The SSB 
estimates above 33 million lb (14,969 mt) were associated with higher 
recruitment levels. With the proposed amendment, the SSB for 1996 is 
estimated at 46 million lb (20,865 mt). Thus, the chance of recruitment 
failure associated with this proposed regulation is minimal.
    Amendment 7, if approved, would revise the fishing mortality rate 
by deferring attainment of Fmax until 1998. This revision would 
allow for more stable landings from one year to the next. The change 
would alleviate short-term economic burdens on the industry, yet slow 
the rate of stock rebuilding only slightly. The Council and ASMFC have 
adopted the following strategy: The fishing mortality rate would be 
reduced from the 1995 target (0.53) to 0.41 in 1996, 0.3 in 1997, and 
Fmax in 1998 and beyond. In addition, the amendment specifies that 
the quota for 1996 and 1997 could not exceed 18.51 million lb (8,396 
mt). This cap on the quota could result in an F in 1996 and 1997 lower 
than 0.41 and 0.3, respectively, but would not exceed these values. A 
quota level above the cap could be set in 1996 or 1997, but only if the 
resulting quota had an associated F of 0.23.

Classification

    Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires 
NMFS to publish regulations proposed by a Council within 15 days of 
receipt of the amendment and proposed regulations. At this time, NMFS 
has not determined that the amendment these rules would implement is 
consistent with the national standards, other provisions of the 
Magnuson Act, and other applicable law. NMFS, in making that 
determination, will take into account the information, views, and 
comments received during the comment period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) as 
a supplement to the regulatory impact review prepared by the Council, 
which describes the economic impacts this proposed rule would have on 
small entities, if adopted. Compared to the projected ex-vessel 
revenues for the 1995 summer flounder commercial fishery, estimated ex-
vessel revenues would be only 20.1% less in 1996 if Amendment 7 is 
implemented, whereas under the existing regulations, estimated 1996 ex-
vessel revenues would be 48.5% less than those in 1995. Anticipated ex-
vessel revenues for the commercial fishery would thus decrease less 
under Amendment 7 than they would under existing regulations, resulting 
in an economic benefit to the fishery. Under Amendment 7, it is 
estimated that in 1996, an additional $6.7 million in ex-vessel 
revenues will be available, compared to the status quo, for 
distribution among as many as 1,098 permitted vessels. Copies of the 
IRFA are available from NMFS (see ADDRESSES).

List of Subjects in 50 CFR Part 625

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 30, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 625 is 
proposed to be amended as follows:

PART 625--SUMMER FLOUNDER FISHERY

    1. The authority citation for part 625 continues to read as 
follows:

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

    2. In Sec. 625.20, paragraph (a) introductory text is revised to 
read as follows:


Sec. 625.20  Catch quotas and other restrictions.

    (a) Annual review. The Summer Flounder Monitoring Committee will 
review the following data on or before August 15 of each year to 
determine the allowable levels of fishing and other restrictions 
necessary to achieve a fishing mortality rate (F) of 0.53 in 1993 
through 1995, 0.41 in 1996, 0.30 in 1997, and 0.23 in 1998 and 
thereafter, provided the allowable levels of fishing in 1996 and 1997 
may not exceed 18.51 million lb (8,396 mt), unless such fishing levels 
have an associated F of 0.23:
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[FR Doc. 95-21947 Filed 8-30-95; 3:43 pm]
BILLING CODE 3510-22-F