[Federal Register Volume 59, Number 226 (Friday, November 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28954]
[[Page Unknown]]
[Federal Register: November 25, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 625
Docket No. [940262-4321; I.D. 111894B]
Summer Flounder Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of commercial quota increase and commercial quota
availability.
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SUMMARY: NMFS issues this document to announce an increase in the
commercial quota for the 1994 summer flounder fishery. The intent of
this document is to comply with an Opinion and Order issued by District
Court Judge Robert Doumar, directing NMFS to reset the quota equal to
19.05 million lb (8.6 million kg). This document advises the public
that a quota adjustment has been made and informs the public of
revisions to state quotas necessitated by this adjustment. As a result
of this action, vessels issued a Federal fisheries permit for the
summer flounder fishery may resume landing summer flounder in the State
of Delaware until the 1994 quota is harvested.
EFFECTIVE DATE: November 18, 1994.
FOR FURTHER INFORMATION CONTACT: Hannah Goodale, 508-281-9101.
SUPPLEMENTARY INFORMATION: Regulations implementing the Summer Flounder
Fishery Management Plan (FMP) are found at 50 CFR part 625. The
regulations require NMFS annually to establish and apportion among the
coastal states from Maine to North Carolina a commercial quota for
summer flounder. The process required to set the annual commercial
quota and the percent allocated to each state is described in 50 CFR
625.20. The commercial summer flounder quota for the 1994 calendar
year, adopted pursuant to these regulations, was initially set to equal
16,005,560 lb (7.3 million kg) (59 FR 10586, March 7, 1994).
In a decision filed November 4, 1994, in the Norfolk Division of
the United States District Court for the Eastern District of Virginia,
Judge Robert Doumar ordered NMFS to increase the commercial quota to
19.05 million lb (8.6 million kg).
Section 625.20(d)(1) of 50 CFR requires that the annual quota (as
ordered increased) be distributed to the coastal states according to
specified percentages. Section 625.20(d)(2) requires that any state
which had landings in excess of the state's quota in 1993 have its 1994
allocation adjusted by deducting the 1993 excess. This adjustment was
made to the initial 1994 quotas in a document published in the Federal
Register on May 25, 1994 (59 FR 26971). These overages are likewise
deducted from the Court-ordered quota in Table 1 below.
Section 625.20(f) allows a state to transfer all or a portion of
its commercial quota. The States of Connecticut, Maryland, North
Carolina, and the Commonwealth of Virginia made transfers to the State
of Delaware, which were effective June 1, 1994 (59 FR 29207, June 6,
1994). The State of New Jersey made a transfer to the State of
Connecticut, which was effective September 29, 1994 (59 FR 50512,
October 4, 1994). These transfers are reflected in Table 1 below.
Table 1 shows the allocation to each state of the court-ordered new
quota, the 1993 overage amounts to be deducted, the quota transfers
made by the states, and the resulting final state quotas.
Table 1.--Adjusted 1994 Commercial Quota for the Summer Flounder Fishery
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Court- 1993 Adjusted 1994 quota
ordered overage 1994 -------------------------
States 1994 quota deducted transfers
(lbs) (lbs) (lbs) (lbs) (kg)
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Maine.......................................... 9,060 149 0 8,911 4,042
New Hampshire.................................. 88 0 0 88 40
Massachusetts.................................. 1,299,297 60,459 0 1,238,838 561,937
Rhode Island................................... 2,987,608 0 0 2,987,608 1,355,179
Connecticut.................................... 429,974 0 +22,989 452,963 205,464
New York....................................... 1,456,751 0 0 1,456,751 660,782
New Jersey..................................... 3,186,110 143,098 -23,085 3,019,927 1,369,839
Delaware....................................... 3,389 4,206 +6,040 5,223 2,369
Maryland....................................... 388,448 2,252 -1,000 385,196 174,725
Virginia....................................... 4,060,843 169,513 -2,162 3,889,168 1,764,127
North Carolina................................. 5,228,432 23,085 -2,782 5,202,565 2,359,883
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As a result of this quota adjustment, the previous closure document
effective March 30, 1994 (59 FR 15863, April 5, 1994) is rescinded and
vessels may again land summer flounder in Delaware, until the available
1994 quota is harvested.
The Mid-Atlantic Fishery Management Council has submitted to NMFS a
recommended summer flounder coastwide quota for 1995 of 19.4 million
pounds (8.8 million kg). This recommendation did not account for the
possible increase in mortality that could occur from this upward
adjustment of the quota in response to the Court Order. Consequently, a
re-examination of the factors in section 625.20 that must be considered
in setting the annual quota will have to be undertaken to assess what
quota level in 1995 will assure attainment of the fishing mortality
reduction goal of 0.53. If the adjusted quota in 1994 is completely
harvested, the current recommended quota for 1995 will have to be
adjusted downward.
Classification
This action is required by 50 CFR part 625 and is exempt from
review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 18, 1994.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-28954 Filed 11-18-94; 3:56 pm]
BILLING CODE 3510-22-P
