[Federal Register Volume 60, Number 226 (Friday, November 24, 1995)]
[Rules and Regulations]
[Pages 57955-57957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28535]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 625

[Docket No. 95-0822210-5265-02; 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: Final rule.

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SUMMARY: NMFS issues this final rule to implement Amendment 7 to the 
Fishery Management Plan for the Summer Flounder Fishery. This amendment 
revises the fishing mortality rate reduction schedule for summer 
flounder, by extending for 2 years the time at which the final fishing 
mortality rate goal is reached. The rule continues the rebuilding of 
summer flounder stock abundance under a schedule that reduces short-
term economic losses for participants in the fishery.

EFFECTIVE DATE: December 22, 1995.

ADDRESSES: Copies of Amendment 7, the environmental assessment, the 
regulatory impact review (RIR), and final regulatory flexibility 
analysis (FRFA) 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 proposed rule to implement the amendment 
was published in the Federal Register on September 5, 1995 (60 FR 
46105). The amendment revises management of the summer flounder 
(Paralichthys dentatus) fishery pursuant to the Magnuson Fishery 
Conservation and Management Act, as amended (Magnuson Act).
    Background concerning the development of the management measures 
contained in Amendment 7 and the reasons they were adopted by 

[[Page 57956]]
the Council were provided in the preamble of the proposed rule and are 
not repeated here.
    NMFS approved Amendment 7, which revises the target fishing 
mortality rate (F) reduction schedule to allow for more stable landings 
from 1 year to the next. The amendment will reduce short-term economic 
burdens on the industry, yet slow the rate of stock rebuilding only 
slightly. The revised schedule for the fishing mortality rate 
reductions requires a reduction from the 1995 target (F = 0.53) to 0.41 
in 1996, 0.3 in 1997, and Fmax (0.23) in 1998 and beyond. In 
addition, this rule specifies that the quota for 1996 and 1997 may not 
exceed 18.51 million lb (8,396 mt). This cap on the quota could result 
in an F in 1996 and 1997 that is lower than 0.41 and 0.3, respectively, 
but could 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.
    Data from the updated stock assessment for summer flounder for 1995 
from the 20th Stock Assessment Workshop (SAW) indicate that the stock 
is in better condition than it appeared in 1994. A strong year class in 
1994 will allow a more rapid rebuilding of the spawning stock biomass 
while allowing moderate amounts of catch. As a result, the revised 
rebuilding strategy will provide some short-term relief to the industry 
without seriously compromising conservation.

Comments and Responses

    Six comments were received from industry associations, state 
agencies, conservationist organizations, and various individuals in 
favor of the amendment. Five of those commenters opposed the 18.51 
million lb (8,396 mt) quota cap. The Center for Marine Conservation 
(CMC) commented that they oppose the amendment.
    Comment: The State of North Carolina supports the amendment because 
it strikes a balance between achieving the necessary fishing mortality 
reduction, alleviating economic hardship on the fishing industry, and 
lending stability to the fishery.
    Response: NMFS agrees with this assessment.
    Comment: The East Coast Fisheries Federation, the United National 
Fishermen's Association, the Seafarers International Union (SIU), Jones 
Inlet Packing Co., and the North Carolina Fisheries Association all 
support the amendment's reevaluation of the fishing mortality reduction 
schedule, but do not support the 18.51 million lb (8,396 mt) cap on the 
quota in 1996-97. Several commenters question the selection of 18.51 
million lb (8,396 mt) as the cap value, and SIU notes that the cap 
value would be higher if new stock assessment information were used. 
One commenter added that 18.51 million lb (8,396 mt) should be set as 
the minimum quota level, rather than the maximum.
    Response: The Council established the cap as a mechanism to provide 
the industry with stable and predictable landings over time, while 
still ensuring attainment of the target fishing mortality rate in 1998. 
The cap may be exceeded if the quota specified has an associated F of 
0.23, that is, attains Fmax prior to 1998.
    The Council and ASMFC are aware that if the summer flounder stock 
size is larger than projected by the assessment, a cap of 18.51 million 
lb (8,396 mt) could result in an associated F that is lower than the 
targets established for 1996 and 1997. If good recruitment occurs in 
1994, 1995, and 1996, and if the target F is reached in 1995 (0.53), 
the cap could result in a F of 0.23 as early as 1997. The Council 
established the cap with the intent that under these circumstances, 
quotas constrained by the cap will accelerate recovery of the summer 
flounder stock. This ``banking'' of fish will ensure that stock sizes 
will be large enough the following years to support stable quota levels 
even in the event of lower than expected recruitment.
    The 18.51 million lb (8,396 mt) value was calculated during the 
development of Amendment 7 when the Council examined an alternative 
that called for a constant quota for the years 1996 through 1998 that 
will result in Fmax (0.23) in 1998. This projection of 18.51 
million lb (8,396 mt) was based on the best scientific information 
available at the time, the results of the 1994 summer flounder stock 
assessment. The Council realized that spawning stock biomass for summer 
flounder might increase after adoption of the cap, and the value chosen 
reflects its intention to better ensure that its final fishing 
mortality rate goal is reached by 1998, rather than sometime 
thereafter. According to guidelines of the national standards (50 CFR 
part 602), the Council is entitled to bring the development of an 
amendment to closure for submission purposes, even though new 
information will become available in the future.
    The establishment of 18.51 million lb (8,396 mt) as a minimum quota 
level would be inconsistent with the use of target fishing mortality 
rates to achieve stock rebuilding. By setting a minimum quota level, 
the Council, in its recommendations, would be unable to address such 
circumstances as poor recruitment.
    Comment: The SIU comments that there should be no cap on quota in 
1996 or 1997 because the fishery is an alternative source of income for 
Georges Bank groundfish vessels, which face impending new restrictions.
    Response: The quotas proposed through this amendment are designed 
to continue rebuilding the stock of summer flounder while moderating 
negative impacts on the industry. The Council has presented a plan to 
balance the biological and economic impacts of summer flounder 
management measures. While it is apparent that the Northeast 
multispecies fishery faces additional future restrictions, those 
vessels that qualified for the summer flounder moratorium permit will 
have to continue to share the burdens of the rebuilding plan for summer 
flounder. They will also share the future benefits of increased 
harvests from a recovered stock.
    Comment: The East Coast Fisheries Federation comments that a higher 
quota would result in fewer discards rather than an increased mortality 
rate. They argue that many fish are discarded, not because they are 
undersized, but due to state quota management measures such as trip 
limits.
    Response: NMFS agrees that state quota management measures may 
result in discard of fish larger than the minimum size. However, it 
does not follow that a higher quota would result in no increase in the 
overall mortality rate. Commercial landings represent the largest 
component of summer flounder mortality. The advisory report issued by 
the 20th Stock Assessment Workshop includes mean estimates of the 
components of the total catch (landings and discards) for the period 
1982-94. Commercial discards represent 8 percent of the total while 
commercial landings represent 59 percent of the total (the remainder is 
recreational catch and discard). As the stock rebuilds, the number of 
larger, older fish in the population will increase and the fishery will 
become less dependent on younger, smaller fish. At that point, the 
contribution of discards to overall mortality would decrease.
    Comment: The CMC opposes the amendment, stating that the relaxation 
of the mortality rate reduction schedule would serve to prolong 
overfishing, and risk undoing the stock benefits achieved by the 
existing management regime. CMC feels that, instead, improvements 
should be made in compliance, enforcement and data collection, as well 

[[Page 57957]]
as in the reduction of bycatch and mortality on small fish.
    Response: While a relaxation of the mortality rate reduction 
schedule will slow the rate of stock rebuilding, projections indicate 
that the slowdown will be slight. In general, the total landing for all 
years (1996-2000) is nearly identical for all the alternatives. The 
difference between the options contained in the amendment is in how the 
landings are allocated over the 5 year time period. A postponement in 
the reduction to Fmax (i.e., F greater than 0.23 in 1996 and 1997) 
will result in an increase in near term landings at the expense of 
future landings. The adopted option contained in this amendment (Option 
5B) produces the most stable landings pattern with landings ranging 
from 18.5 to 26.7 million lb over the period. An alterative considered 
but not adopted (Option 1) would have resulted in the largest 
variability in landings from 1 year to the next with a 50 percent 
decline from 1995 to 1996 followed by a 50 percent increase from 1996 
to 1997.
    While the rate of spawning stock biomass (SSB) increase is slowed 
under Amendment 7, the rate of growth differs only slightly during any 
1 year, and is ultimately statistically insignificant. The stock 
assessment indicates that as SSB rises, so does recruitment. Good 
levels of recruitment are associated with SSB levels in excess of 33 
million lb (14,968 mt). The analysis associated with this amendment 
indicates an estimated SSB above 45 million lb (20,412 mt) in 1996, 
indicating that the risk of recruitment failure is minimal. As the 
stock rebuilds and the age structure becomes more evenly distributed, 
the fishery will become less dependent on new recruits and the 
likelihood of poor recruitment and stock collapse will become 
increasingly remote.

Classification

    The Director, Northeast Region, NMFS, determined that Amendment 7 
is necessary for the conservation and management of the summer flounder 
fishery and that it is consistent with the Magnuson Act and other 
applicable laws.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS prepared an FRFA as part of the RIR. A copy of this analysis 
is available from the Council (see ADDRESSES).

List of Subjects in 50 CFR Part 625

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 14, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 625 is 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. 95-28535 Filed 11-22-95; 8:45 am]
BILLING CODE 3510-22-F