[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Proposed Rules]
[Pages 17682-17683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9771]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 625

[Docket No. 960412110-6110-01; I.D. 030596E]
RIN 0648-AI93


Summer Flounder Fishery; Proposed 1996 Recreational Fishery 
Management Measures

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 amend the regulations 
implementing the Fishery Management Plan for the Summer Flounder 
Fishery (FMP). This rule proposes a possession limit of eight fish per 
person and a minimum fish size of 14 inches (35.6 cm) for the 1996 
summer flounder recreational fishery. The intent of this action is to 
comply with implementing regulations for the fishery that require NMFS 
to publish measures for the upcoming fishing year that will prevent 
overfishing of the resource.

DATES: Public comments on this proposed rule must be received on or 
before May 17, 1996.

ADDRESSES: Comments should be sent to: Director, Northeast Region, 
NMFS, One Blackburn Drive, Gloucester, MA 01930.

[[Page 17683]]

    Copies of the environmental assessment prepared for the 1996 summer 
flounder specifications and supporting documents used by the Summer 
Flounder Monitoring Committee (Committee) are available from: 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: The FMP was developed jointly by the 
Atlantic States Marine Fisheries Commission (ASMFC) and the Mid-
Atlantic Fishery Management Council (Council) in consultation with the 
New England and South Atlantic Fishery Management Councils. The 
management unit for the FMP is summer flounder (Paralichthys dentatus) 
in U.S. waters of the Atlantic Ocean from the southern border of North 
Carolina northward to the Canadian border. Implementing regulations for 
the fishery are found at 50 CFR part 625.
    Section 625.20 outlines the process for determining annual 
commercial and recreational catch quotas and other restrictions for the 
summer flounder fishery. The Committee, made up of representatives from 
the ASMFC, the Council, the New England Fishery Management Council, and 
NMFS is required to review, on an annual basis, scientific and other 
relevant information and to recommend a quota and other restrictions 
necessary to achieve a fishing mortality rate 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 do not exceed 
18.518 million lb (8.4 million kg), unless such levels have an 
associated F of 0.23. This schedule is mandated by the FMP to prevent 
overfishing and to rebuild the summer flounder resource. The Committee 
reviews the following information annually to determine the allowable 
levels of fishing and other restrictions necessary to achieve a given 
fishing mortality rate goal: (1) Commercial and recreational catch 
data; (2) current estimates of fishing mortality; (3) stock status; (4) 
recent estimates of recruitment; (5) virtual population analysis, a 
method for analyzing fish stock abundance; (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. Pursuant to Sec. 625.20, after this review, the Committee 
recommends management measures to ensure achievement of the appropriate 
fishing mortality rate.
    The 1996 final specifications, which were implemented on December 
31, 1995 (61 FR 291, January 4, 1996), are: (1) A minimum commercial 
fish size of 13 inches (33 cm), (2) a minimum mesh size restriction of 
5.5-inch (14.0-cm) diamond or 6.0-inch (15.2-cm) square, (3) a 
coastwide harvest limit of 18,518,830 lb (8.40 million kg); (4) a 
coastwide commercial quota of 11,111,298 lb (5.04 million kg), and (5) 
a coastwide recreational harvest limit of 7,407,532 lb (3.36 million 
kg).
    The recreational season, possession limit, and minimum size were 
not established as part of the final specifications, because 
recreational catch data for 1995 were not available for the Committee's 
use in evaluating the effectiveness of the 1995 measures. Shortly after 
preliminary data became available in October 1995, the Committee met to 
review the 1995 data and to recommend measures for 1996. The Committee 
recommended to continue the elimination of the closed season, an 
individual possession limit of eight fish per person, and a minimum 
fish size of 14 inches (35.6 cm). These recommendations, adopted by the 
Council on January 26, 1996, are proposed in this action.
    An apparent discrepancy exists between the harvest limit decrease 
from 1995 to 1996 (7.76 million lb [3.52 million kg]) to 7.41 million 
lb [3.36 million kg]) and the possession limit increase (from six fish 
to eight fish). This increase in the possession limit is consistent 
with the relaxation of the mortality reduction schedule recently 
approved in Amendment 7 to the FMP (60 FR 57955, November 24, 1995). 
Further, the Council believes that this increase is warranted because, 
while the recreational harvest limit decreased from 1995 to 1996, 
estimated 1995 landings are below both the 1995 and 1996 harvest 
limits. This landings shortage occurred despite the fact that most 
states implemented an eight fish per person possession limit in 1995, 
as allowed under the ASMFC plan. The Council believes that the increase 
to eight fish per person in the exclusive economic zone (EEZ) in 1996 
will provide recreational harvesters with the opportunity to reach the 
harvest limit.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration that this proposed rule, if adopted, 
would not have a significant economic impact on a substantial number of 
small entities, such as the charter boats and head boats that serve the 
recreational fishery. Despite the increase in the possession limit that 
this action would implement, it is anticipated that few recreational 
fishermen will actually attain the maximum possession limit under this 
rulemaking. Specifically, this action will not affect a substantial 
number of small entities because it will not trigger the following 
criteria: (1) The regulations are not likely to result in a change in 
annual gross revenues by more than 5 percent; (2) annual compliance 
costs will not increase by more than 5 percent; and (3) the regulations 
will not force small entities to cease business operations. As a 
result, a regulatory flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 625

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 16, 1996.
Gary Matlock,
Program Management Officer, 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. 625.25, in paragraph (a) the first sentence is revised 
to read as follows:


Sec. 625.25  Possession limit.

    (a) No person shall possess more than eight summer flounder in, or 
harvested from, the EEZ unless that person is the owner or operator of 
a fishing vessel issued a moratorium permit under Sec. 625.4. * * *
* * * * *
[FR Doc. 96-9771 Filed 4-17-96; 11:50 am]
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