[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
State Share (%) 1997 quota (lb) 1997 quota (kg)
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Table 2.--1996 Adjusted Quotas for the Summer Flounder Fishery and Actual Landings and Overages
[As of November 29, 1996]
--------------------------------------------------------------------------------------------------------------------------------------------------------
1996 adjusted quota 1996 landings 1996 overage
State -----------------------------------------------------------------------------------------------------------
lb (kg) lb (kg) lb (kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
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