[Federal Register Volume 61, Number 244 (Wednesday, December 18, 1996)]
[Proposed Rules]
[Pages 66646-66649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32062]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 961210346-6346-01; I.D. 120596A]
RIN 0648-XX76


Fisheries of the Northeastern United States; Summer Flounder, 
Scup and Black Sea Bass Fisheries; Specifications for the 1997 Summer 
Flounder Fishery

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 proposes specifications for the 1997 summer flounder 
fishery that include a coastwide harvest limit, an increase in minimum 
commercial fish size, and an increase in codend minimum mesh size. The 
implementing regulations for the fishery require NMFS to publish 
specifications for the upcoming fishing year and to provide an 
opportunity for public comment. The intent of these measures is to 
prevent overfishing of the summer flounder resource.

DATES: Public comments must be received on or before January 13, 1997.

ADDRESSES: Copies of supporting documents used by the Summer Flounder 
Monitoring Committee are available from: David R. Keifer, Executive 
Director, Mid-Atlantic Fishery Management Council, Room 2115, Federal 
Building, 300 South New Street, Dover, DE 19904-6790. Comments on the 
proposed specifications should be sent to: Dr. Andrew A. Rosenberg, 
Regional Administrator, Northeast Region, NMFS, One Blackburn Drive, 
Gloucester, MA 01930-2298. Mark on the outside of the envelope, 
``Comments--1997 Summer Flounder Specifications.''

FOR FURTHER INFORMATION CONTACT: Dana Hartley, Fishery Management 
Specialist, 508-281-9226.

SUPPLEMENTARY INFORMATION:

Background

    The regulations implementing the Fishery Management Plan for the 
Summer Flounder Fishery (FMP) describe the process for establishing 
annual management measures to achieve the targeted fishing mortality 
(Ftgt) rates stipulated in the FMP. The schedule established by 
the FMP is a fishing mortality rate of 0.41 in 1996, 0.30 in 1997, and 
0.23 in 1998 and beyond. In addition, the FMP specifies that the 
coastwide harvest limit for 1996 and 1997 may not exceed 18.51 million 
lb (8.4 million kg), except if the specified fishing mortality rate (F) 
of 0.23 is met.
    The FMP established a Summer Flounder Monitoring Committee 
(Monitoring Committee) consisting of representatives from the Atlantic 
States Marine Fisheries Commission (ASMFC), the New England, Mid-
Atlantic and South Atlantic Fishery Management Councils, and NMFS. The 
Monitoring Committee makes recommendations to the Mid-Atlantic Fishery 
Management Council's (Council) Demersal Species Committee and the ASMFC 
after reviewing the following information: (1) Commercial and 
recreational catch data; (2) estimates of fishing mortality; (3) stock 
status; (4) current estimates of recruitment; (5) virtual population 
analysis (VPA) results; (6) levels of regulatory noncompliance by 
fishermen or individual states; (7) impact of fish size and net mesh 
regulations; (8) sea sampling and Northeast Fisheries Science Center 
winter trawl survey data; (9) impact of gear other than otter trawls on 
the mortality of summer flounder; and (10) other relevant information.
    The Monitoring Committee recommends annual measures designed to 
achieve Ftgt to the Council's Demersal Species Committee and the 
ASMFC. These measures may include: (1) A coastwide harvest limit, (2) 
changes in commercial minimum fish size and mesh size, and (3) 
restrictions to gears other than otter trawls. The Council and the 
ASMFC then consider the Monitoring Committee's recommendations and any 
public comments and make their recommendations.

1997 Recommendations

    The summer flounder stock assessment conducted within the 22nd 
Northeast Regional Stock Assessment Workshop (SAW-22), held in the 
spring of 1996, identified key issues that were addressed by the 
Monitoring Committee and discussed by the Council. As in all the years 
since FMP implementation,

[[Page 66647]]

the target fishing mortality rate for 1995 was exceeded. In addition, 
the spawning stock is not rebuilding as much as was projected in 
previous assessments. Also, a retrospective pattern has been 
identified, in which stock assessments have consistently underestimated 
fishing mortality and overestimated stock size in the terminal year of 
the assessment. Retrospective analysis applies the most recent 
assessment information to fine-tune and determine the accuracy and 
pattern of predictions made in the past (before the current information 
was known). SAW-22 cautioned that the retrospective pattern is probably 
due to underreporting of landings and high levels of discard. SAW-22 
provided projections for the 1997 coastwide harvest limit levels, some 
of which took into account the retrospective pattern. SAW-22 advised 
that the projections that account for the underestimation of fishing 
mortality and overestimation of stock size (i.e., that incorporate the 
retrospective pattern) are more likely to result in management measures 
that achieve the target fishing mortality rates, though SAW-22 also 
acknowledged that there is uncertainty in these projections.
    Although SAW-22 indicated some improvement in the summer flounder 
stock, the age structure of the stock remains truncated, which means 
that the population is comprised mainly of young fish. Only 12 percent 
of the total spawning stock biomass (SSB) is estimated to be age-2 and 
older. Older, larger fish contribute more to the fishery by means of 
increased egg production and higher yield. If the stock were fished at 
Fmax (an exploitation removal amount that maximizes yield-per-
recruit) and allowed to rebuild, approximately 88 percent of the 
spawning stock would be age-2 and older.
    Based on SAW-22 projections, the Monitoring Committee recommended a 
coastwide harvest limit of 14 million lb (6.3 million kg), with 8.4 
million lb (3.8 million kg) allocated to the commercial fishery and 5.6 
million lb (2.5 million kg) to the recreational fishery. Further, the 
Monitoring Committee recommended an increase in minimum fish size from 
13 (33.0 cm) to 14 inches (35.6 cm) total length (TL) and an increase 
in minimum codend mesh size to 6 inches (15.2 cm) diamond or square 
from the current 5\1/2\-inch (14.0-cm) diamond or 6-inch (15.2-cm) 
square.
    After considering the Monitoring Committee's harvest limit and 
minimum fish and minimum mesh size recommendations, the Council 
proposed less restrictive measures that would maintain the 1996 
coastwide harvest limit for 1997. The Council made the following 
specific recommendations for 1997: (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 in the 
present minimum mesh requirement of 5\1/2\ inches (14.0 cm) diamond or 
6 inches (15.2 cm) square; and (5) no change in the present minimum 
commercial fish size of 13 inches (33.0 cm).
    The ASMFC approved management measures that agreed with those 
proposed by the Council, with the exception of the recommendation by 
the Council not to increase the minimum commercial fish size. The ASMFC 
voted to increase the present minimum commercial fish size to 14 inches 
(35.6 cm). The more restrictive minimum fish size would be implemented 
by the states on or about March 1, 1997, and would apply to federally 
permitted vessels due to a condition of the vessel permit that requires 
the operator to abide by the stricter of the state or Federal measures.
    In making its 1997 recommendations, the Council stated that it 
believes that the circumstances leading to the retrospective pattern in 
the stock assessment will not occur in 1996, and therefore, it did not 
utilize the SAW-22 projection that incorporates the retrospective 
pattern. The SAW-22 projection that does not incorporate the 
retrospective pattern indicated that there is a 64-percent probability 
that an Ftgt of 0.30 will be attained in 1997 if the Council 
recommendation is implemented (it indicated a 50-percent probability 
that the F would be 0.27). The SAW-22 projection that incorporates the 
retrospective pattern estimates only a 13-percent likelihood that the 
Council's recommended coastwide harvest limit will achieve the FMP 
target. However, SAW-22 noted considerable uncertainty in that 
estimate.
    The Council cited the following factors that could alleviate the 
retrospective pattern for 1996 and that may strengthen the likelihood 
of attaining Ftgt in 1997: (1) Recruitment in 1995 was strong, and 
there are indications of strong recruitment in 1996, as well; (2) the 
Council's intention to propose an amendment to the FMP, which would 
require a 5.5-inch (14.0-cm) minimum mesh size throughout the net (the 
Council assumes that approval of the measure would result in reductions 
in F in the latter part of 1997); (3) the ASMFC increase in minimum 
commercial fish size in March 1997 would reduce mortality of small 
fish; and (4) NMFS and state efforts to improve quota monitoring are 
expected to reduce underreporting of landings in 1997.
    This proposed rule would implement the Council's coastwide harvest 
limit recommendation, and would increase the likelihood of achieving 
the Ftgt by modifying the minimum mesh requirement and the minimum 
commercial fish size. For the sake of consistency with the ASMFC 
measure, the rule would increase the minimum commercial fish size to 14 
inches (35.6 cm). In addition, the rule would increase the minimum 
codend mesh size to 6 inches (15.2 cm) diamond or square. Both measures 
should reduce bycatch and conserve age-zero and age-1 fish, thus 
improving recruitment and reducing F.
    In addition, although some of the measures cited by the Council may 
not be implemented soon enough to have a significant effect in 1997, 
several, particularly improvements in quota monitoring, would 
contribute toward achievement of the FMP objectives. Taken as a whole, 
and in light of the uncertainty associated with the SAW-22 projections 
that incorporate the retrospective pattern, NMFS believes this suite of 
measures has a reasonable likelihood of achieving the required 1997 
target fishing mortality rate specified in the FMP.
    Accordingly, NMFS is seeking public comments on the following 
proposed specifications: (1) A coastwide harvest limit of 18.51 million 
lb (8.40 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) an increase from the present minimum 
commercial fish size of 13 inches (33.0 cm) to 14 inches (35.6 cm); and 
(5) an increase in the present minimum mesh restriction of 5\1/2\ 
inches diamond (14.0 cm) or 6 inches square (15.2 cm) to 6 inches (15.2 
cm) diamond or square.
    If these proposed specifications are adopted, the commercial quota 
allocated to each state, according to percentage shares specified in 
Sec. 648.100(d)(1), would be the amounts depicted in Table 1 below. 
These state allocations do not reflect the adjustments that will be 
required under Sec. 648.100(d)(2) for states in which 1996 landings 
exceeded the state's 1996 quota allocation. The 1996 landings data 
available at the time of publication of the final specifications will 
be used to make an initial 1997 quota adjustment for all states with 
overages as of that date. If additional 1996 landings data are 
collected following that date, an additional

[[Page 66648]]

notification of allocation adjustment will be published in the Federal 
Register at a later date. Table 2 presents preliminary 1996 landings 
data and quota overages. These data are subject to change based on new 
information becoming available or received during the comment period 
and/or new analyses of existing data.

                                Table 1.--1997 State Commercial Quotas (Proposed)                               
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                             State                                Share (%)    1997 quota (lb)   1997 quota (kg)
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ME.............................................................      0.04756             5,284             2,397
NH.............................................................      0.00046                51                23
MA.............................................................      6.82046           757,841           343,751
RI.............................................................     15.68298         1,742,583           790,422
CT.............................................................      2.25708           250,791           113,757
NY.............................................................      7.64699           849,680           385,408
NJ.............................................................     16.72499         1,858,363           842,939
DE.............................................................      0.01779             1,977               897
MD.............................................................      2.03910           226,570           102,770
VA.............................................................     21.31676         2,368,569         1,074,365
NC.............................................................     27.44584         3,049,589         1,383,270
                                                                ------------------------------------------------
    Totals.....................................................  ...........        11,111,298         5,039,999
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                             Table 2.--1996 Adjusted Quotas for the Summer Flounder Fishery and Actual Landings and Overages                            
                                                                [As of November 29, 1996]                                                               
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                                                      1996 adjusted quota                    1996 landings                       1996 overage           
                    State                    -----------------------------------------------------------------------------------------------------------
                                                     lb               (kg)               lb               (kg)               lb               (kg)      
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ME..........................................             5,284           (2,397)             8,226           (3,731)             2,942           (1,334)
NH..........................................                51              (23)  ................  ................  ................  ................
MA..........................................           752,092         (341,143)           777,728         (352,771)            25,636          (11,628)
RI..........................................         1,620,342         (734,975)         1,620,056         (734,845)  ................                  
CT..........................................           250,791         (113,751)           266,022         (120,666)            15,231           (6,909)
NY..........................................           844,976         (383,275)           915,414         (415,225)            69,595          (31,568)
NJ..........................................         1,858,363         (842,939)         2,323,225       (1,053,797)           464,862         (210,858)
DE..........................................             1,519             (689)             3,159           (1,433)             1,640             (744)
MD..........................................           226,570         (102,770)           216,316          (98,119)  ................  ................
VA..........................................         2,200,681         (998,212)         2,117,809         (960,622)  ................  ................
NC..........................................         2,451,068       (1,111,786)         3,688,217       (1,672,947)         1,237,149         (561,161)
                                             -----------------------------------------------------------------------------------------------------------
    Totals..................................        10,211,737       (4,631,966)        11,936,172       (5,414,157)         1,818,184         (824,184)
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Classification

    This action is authorized by 50 CFR part 648 and complies with the 
National Environmental Policy Act.
    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, as follows:

    The rule proposes annual specifications for the summer flounder 
fishery as follows: (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) an increase from the 
present minimum commercial fish size of 13 inches (33 cm) to 14 
inches (35.6 cm); and (5) an increase in the present minimum mesh 
restriction of 5\1/2\ inches diamond (14.0 cm) or 6 inches square 
(15.2 cm) to 6 inches (15.2 cm) diamond or square.
    The proposed measures would not have a significant economic 
impact on a substantial number of small entities. The recommended 
1997 quota is no different from the 1996 coastwide harvest limit of 
18.51 million lb. These measures may impact the fishing industry 
negatively for the short term, but will prove beneficial in the 
future. Increasing the minimum codend mesh size would affect 
approximately 17 percent of the vessels that have a Federal permit 
to harvest summer flounder; since 6-inch (15.2 cm) mesh codends are 
already required in other fisheries, many industry members already 
own them. The minimum fish size requirement may impact industry 
members, especially those who fish for summer flounder in the 
southern portion of its range. Small summer flounder tend to have a 
more southerly distribution and an increase in the minimum fish size 
would prevent landings of these smaller fish, but higher market 
value for larger fish may mitigate anticipated losses in landings 
due to the proposed increase in minimum fish size.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: December 12, 1996.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

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

    2. In Sec. 648.103, paragraph (a) is revised to read as follows:


Sec. 648.103  Minimum fish sizes.

    (a) The minimum size for summer flounder is 14 inches (35.6 cm) TL 
for all vessels issued a moratorium permit under Sec. 648.4 (a)(3), 
except on board party and charter boats carrying

[[Page 66649]]

passengers for hire or carrying more than three crew members, if a 
charter boat, or more than five crew members, if a party boat.
* * * * *
    3. In Sec. 648.104, paragraph (a)(1) is revised to read as follows:


Sec. 648.104  Gear restrictions.

    (a) General. (1) Otter trawlers whose owners are issued a summer 
flounder permit and that land or possess 100 or more lb (45.4 or more 
kg) of summer flounder from May 1 through October 31, or 200 lb or more 
(90.8 kg or more) of summer flounder from November 1 through April 30, 
per trip, must fish with nets that have a minimum mesh size of 6.0-inch 
(15.2 cm) diamond or square mesh applied throughout the codend for at 
least 75 continuous meshes forward of the terminus of the net, or, for 
codends with less than 75 meshes, the minimum-mesh-size codend must be 
a minimum of one-third of the net, measured from the terminus of the 
codend to the head rope, excluding any turtle excluder device 
extension.
* * * * *
[FR Doc. 96-32062 Filed 12-17-96; 8:45 am]
BILLING CODE 3510-22-P