[Federal Register Volume 60, Number 228 (Tuesday, November 28, 1995)]
[Proposed Rules]
[Pages 58593-58595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28922]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 625
[Docket No. 951116270-5270-01; I.D. 110195B]

Summer Flounder Fishery; Proposed 1996 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed specifications for the 1996 summer flounder fishery; 
request for comments.

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SUMMARY: NMFS proposes specifications for the 1996 summer flounder 
fishery, which include commercial catch quotas 

[[Page 58594]]
and other restrictions. The implementing regulations for the fishery 
require NMFS to publish specifications for the upcoming fishing year 
and provide an opportunity for the public to comment. The intent of 
these measures is to prevent overfishing of the summer flounder 
resource.

DATES: Comments must be received on or before December 21, 1995.

ADDRESSES: Copies of the supporting documents used by the Summer 
Flounder Monitoring Committee are available from Executive Director, 
Mid-Atlantic Fishery Management Council, Room 2115, Federal Building, 
300 S. New Street, Dover, DE 19901-6790. Comments on the proposed 
specifications should be sent to Dr. Andrew A. Rosenberg, Director, 
Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Regina Spallone, 508-281-9221.

SUPPLEMENTARY INFORMATION:

Background

    Section 625.20 of the regulations implementing the Fishery 
Management Plan for the Summer Flounder Fishery (FMP) specifies the 
process for setting annual management measures in order to achieve the 
fishing mortality rates (F) specified in the FMP. The schedule 
established by Amendment 2 to the FMP set a target F of 0.53 for 1993-
95, and 0.23 (Fmax) for 1996 and beyond. However, stock assessment 
data indicated that the quota associated with an F of 0.23 in 1996 
would represent a more than 50 percent drop from the 1995 quota. This 
reduction would have had significant negative impacts on industry. The 
Council responded by submitting Amendment 7 on August 5, 1995, to 
revise the F reduction schedule. The amendment moderated the negative 
impacts on industry of the previous rebuilding schedule, while still 
maintaining the FMP's stock rebuilding strategy. The revised schedule 
is 0.41 in 1996, 0.3 in 1997, and 0.23 (Fmax) in 1998 and beyond. 
In addition, the quota for 1996 and 1997 may not exceed 18.51 million 
lb (8.4 million kg), unless that quota had an associated F of 0.23. 
Amendment 7 was approved on November 7, 1995.
    The regulations at 50 CFR part 625 establish a Summer Flounder 
Monitoring Committee (Monitoring Committee) consisting of 
representatives from the Atlantic States Marine Fisheries Commission, 
the Mid-Atlantic Fishery Management Council (Council), the New England 
Fishery Management Council, and NMFS, which recommends an annual 
commercial catch quota and other restrictions to achieve the specified 
F. The Monitoring Committee recommends annual measures after reviewing 
the following information: (1) Commercial and recreational catch data, 
(2) estimates of fishing mortality, (3) stock status, (4) estimates of 
recruitment, (5) virtual population analysis (VPA), (6) levels of 
regulatory noncompliance by fishermen or individual states, (7) impact 
of fish size and net mesh regulations, (8) impact of gear other than 
otter trawls on the mortality of summer flounder, and (9) other 
relevant information.
    After reviewing the required information, the Monitoring Committee 
may recommend, in addition to the coastwide quota, modifications to the 
commercial minimum fish size, the minimum mesh size and restrictions to 
gears other than otter trawls.
    The Council's Demersal Species Committee considers the 
recommendations of the Monitoring Committee as well as any public 
comments, and in turn, makes its recommendation to the full Council.

1996 Recommendations

    The annual management measures are based upon stock projections 
derived from VPA results. This assessment indicates that although 
fishing mortality rates have declined, the target fishing mortality 
rates specified in the FMP have not been achieved in any year since 
plan implementation. The spawning stock biomass (SSB) of fish age 2 and 
older has increased; fish of these ages represent viable spawners. 
There was also improved recruitment in 1994, with the 1994 year class 
estimated at approximately 50 million fish.
    Although the stock assessment indicates improvement in the summer 
flounder stock, the biomass is still comprised of mostly young fish, 
with only 26 percent of the total SSB older than age 3 in 1995. Under 
equilibrium conditions and a fishing mortality rate of 0.23, 
approximately 77 percent of the SSB would be age 3 and older.
    The Monitoring Committee recommended a coastwide quota of 18.51 
million lb (8.4 million kg). This quota would result in an allocation 
of 11.11 million lb (5.04 million kg) for the commercial quota and 7.4 
million lb (3.36 million kg) for the recreational harvest limit. The 
Monitoring Committee determined, after a review of projections, that it 
was virtually impossible to recommend a higher quota, because it could 
not achieve the F level of 0.23 required by the FMP.
    The Monitoring Committee recommendation was adopted by the Demersal 
Committee and the Council at its meeting September 20-21, 1995. The 
Director, Northeast Region, NMFS (Regional Director) has reviewed these 
recommendations and has determined that they are necessary to assure 
that the fishing mortality rates specified in Sec. 625.20 are not 
exceeded. The Regional Director is seeking public comments on these 
proposed specifications: (1) A coastwide harvest limit of 18.51 million 
lb (8.4 million kg), (2) a coastwide commercial quota of 11.11 million 
lb (5.04 million kg), (3) a coastwide recreational harvest limit of 7.4 
million lb (3.36 million kg), (4) no change from the present minimum 
commercial fish size of 13 inches (33 cm), and (5) no change in the 
present minimum mesh restriction of 5\1/2\ inch diamond (14.0 cm) or 6 
inch square (15.2 cm).
    If these proposed specifications are approved, the commercial quota 
allocated to each state according to percentage shares specified in 
Sec. 625.20(d)(1), would be the amounts depicted in Table 1 below. 
(These state allocations do not reflect the adjustments required under 
Sec. 625.20 if 1994 landings exceed the quota for any state. Allocation 
adjustments will be published in the Federal Register if such 
adjustments are necessary.)

                                Table 1.--1996 State Commercial Quotas (Proposed)                               
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                         State                               Share (%)       1996 quota (lb)    1996 quota (kg) 
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ME.....................................................            0.04756              5,282              2,396
NH.....................................................            0.00046                 51                 23
MA.....................................................            6.82046            757,480            343,587
RI.....................................................           15.68298          1,741,752            790,045
CT.....................................................            2.25708            250,671            113,702
NY.....................................................            7.64699            849,275            385,225
NJ.....................................................           16.72499          1,857,477            842,537

[[Page 58595]]
                                                                                                                
DE.....................................................            0.01779              1,976                896
MD.....................................................            2.03910            226,462            102,721
VA.....................................................           21.31676          2,367,439          1,073,852
NC.....................................................           27.44584          3,048,135          1,382,611
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    The FMP calls for proposed specifications of the commercial quota, 
recreational harvest limit, and additional measures for the commercial 
fishery, to be published in the Federal Register by October 15. 
However, due to the timing of the Council meeting (September 20-21) 
during which the recommendations were made, publication of the 
specifications was delayed.

Classification

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

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

    Dated: November 21, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-28922 Filed 11-21-95; 4:45 pm]
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