[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 291-292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31584]
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DEPARTMENT OF COMMERCE
50 CFR Part 625
[Docket No. 951116270-5308-02; I.D. 110195B]
Summer Flounder Fishery; Final Specifications for 1996; Technical
Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final specifications for the 1996 summer flounder fishery;
final rule, technical amendment.
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SUMMARY: NMFS issues the final specifications for the 1996 summer
flounder fishery, which include commercial catch quotas and mesh size
requirements, and revises the applicable regulations to accurately
reflect the intent of the Mid-Atlantic Fishery Management Council
regarding the ``cap'' on the harvest limit. The intent of this document
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 summer flounder resource, and to modify the
language specifying the ``cap'' on the annual harvest limit.
EFFECTIVE DATE: December 29, 1995.
ADDRESSES: Copies of the Environmental Assessment and supporting
documents used by the Monitoring 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 Spallone, Fishery Policy
Analyst, 508-281-9221.
SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Summer
Flounder Fishery (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 of Title 50, Code of Federal 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 (F) rates specified
in the FMP. Under Amendment 7 to the FMP, the schedule of F rates
established sets a target fishing mortality rate of 0.41 in 1996, 0.3
in 1997, and 0.23 (Fmax) in 1998 and thereafter, provided the
allowable levels of fishing in 1996 and 1997 may not exceed a ``cap''
of 18.51 million lb (8.4 million kg), unless such fishing levels had an
associated F of 0.23. This ``cap'' reflected a rounding of the actual
poundage. The Council felt that such a rounding, while convenient for
the reader, did not accurately reflect the true intent, which was
18,518,830 lb (8,400 mt). Therefore, this action modifies the ``cap''
to reflect the Council's intent that the maximum allowable harvest
level associated with this ``cap'' is 18,518,830 lb (8,400 mt). This
clarification is outlined in the section below, which specifies changes
from the proposed specifications.
Pursuant to Sec. 625.20, the Director, Northeast Region, NMFS,
implements certain measures for the fishing year to ensure achievement
of the appropriate fishing mortality rate. The measures include those
that are changed, and those that are not changed, from the proposed
1996 specifications that were published in the Federal Register on
November 28, 1995 (60 FR 58593). The unchanged measures include: (1) A
minimum commercial fish size of 13 inches (33 cm); and (2) a minimum
mesh size restriction of 5.5-inch (14.0-cm) diamond or 6-inch (15.2-cm)
square. The changed measures include: (1) A coastwide harvest limit of
18,518,830 lb (8.40 million kg); (2) a coastwide commercial quota of
11,111,298 lb (5.04 million kg); and (3) a coastwide recreational
harvest limit of 7,407,532 lb (3.36 million kg).
Commercial Quota
The coastwide commercial quota is allocated among the states based
on historic catch shares specified in the regulations. Table 1 presents
the 1996 commercial quota (11,111,298 lb; 5,040,000 kg) apportioned
among the states according to the percentage shares specified in
Sec. 625.20(d)(1). These state allocations do not reflect the
adjustments required under Sec. 625.20, if 1995 landings exceed the
1995 quota for any state. A notification of allocation adjustment will
be published in the Federal Register if such an adjustment is
necessary.
Table 1.--1996 State Commercial Quotas
------------------------------------------------------------------------
1996 quota 1996 quota
State Share (%) (lb) (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
[[Page 292]]
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
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Recreational catch data for 1995 are not yet available. The Council
and ASMFC will consider modifications to the recreational possession
limit and recreational season after a review of that information.
Final Rule, Technical Amendment and Changes From Proposed
Specifications to Final Specifications
This document modifies the language specified in Sec. 625.20(a)
established by the final rule for Amendment 7 to the FMP that set the
harvest limit ``cap'' at 18.51 million lb (8,396 mt). The final rule,
technical amendment contained in this action changes the harvest limit
``cap'' to be 18,518,830 lb (8,400 mt), making the ``cap'' consistent
with Council intent as stated in the comment submitted by the Council
and addressed below. The value of 8,400 mt is contained in Amendment 7
and that value is equivalent to 18,518,830 lb, which is 8,830 lb
greater than the rounded off value of 18.51 million lb. As a result,
the state allocations of commercial quota have been altered slightly
relative to the proposed specifications.
Comments and Responses
One comment was received regarding the 1996 summer flounder
specifications from the Council.
Comment: The Council checked the administrative record and
acknowledged an error in the publication of the harvest limit ``cap'',
as published in Amendment 7 to the FMP. The Council wishes to correct
the specifications to reflect accurately their intent regarding the
total harvest limit and subsequent specifications for the commercial
and recreational fisheries. Specifically, the Council intended the
total harvest limit to equal 18,518,830 lb (8,400 mt), rather than
18.51 million lb which actually equals 8,396 mt. The value of
18,518,830 lb would result in an allocation of 11,111,298 lb (5,040,000
kg) to the commercial sector, and 7,407,532 lb (3,360,000 kg) to the
recreational sector.
Response: NMFS agrees. The administrative record shows that, for
the purpose of reading ease, the numbers for pounds were rounded during
publication. However, this rounding resulted in a loss of the original
intent of the Council. To modify the regulations to reflect more
accurately the record, a technical amendment to the final rule for
Amendment 7 is necessary. That action accompanies the publication of
these final specifications.
Classification
This action is authorized by 50 CFR part 625 and complies with the
National Environmental Policy Act.
These final specifications are exempt from review under E.O. 12866.
For the technical regulatory change, NMFS finds good cause to waive
prior notice and opportunity for public comment under 5 U.S.C.
553(b)(B). The technical change corrects the regulation's codification
of the quota cap in Amendment 7 to reflect accurately the language
adopted by the Council. As such, NMFS finds that prior notice and
comment are unnecessary. Further, there is no requirement to delay the
effective date of this technical change as it is not a substantive
rule.
List of Subjects in 50 CFR Part 625
Fisheries, Reporting and recordkeeping requirements.
Dated: December 28, 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 18,518,830 lb (8,400 mt), unless such fishing levels
have an associated F of 0.23:
* * * * *
[FR Doc. 95-31584 Filed 12-29-95; 12:22 pm]
BILLING CODE 3510-22-P
