[Federal Register Volume 60, Number 32 (Thursday, February 16, 1995)]
[Rules and Regulations]
[Pages 8958-8960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3815]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 625
[Docket No. 950206038-5038-01; I.D. #103194A]
RIN 0648-XX04
Summer Flounder Fishery; Final Specifications for 1995
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final specifications for the 1995 summer flounder fishery.
-----------------------------------------------------------------------
SUMMARY: NMFS issues the final specifications for the 1995 summer
flounder fishery, which include commercial catch quotas and mesh size
requirements. 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. In order to comply with an Order issued
by the U.S. District Court for the Eastern District of Virginia, this
document adds 3.05 million lb (1.4 million kg) to the final commercial
catch quota established under the implementing regulations.
EFFECTIVE DATE: February 10, 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: Hannah Goodale, 508-281-9101.
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 specifies the process for setting annual management
measures for the summer flounder fishery. 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. These measures include the following, which, with the exception
of measure (1) below, are unchanged from the proposed 1995
specifications that were published in the Federal Register on December
2, 1994 (59 FR 61864); note that all quota figures are rounded for the
convenience of the reader: (1) A coastwide commercial quota of 14.7
million lb (6.7 million kg); (2) a coastwide recreational harvest limit
of 7.8 million lb (3.5 million kg); (3) no change from the present
minimum commercial fish size of 13 inches (33 cm); and (4) no change in
the present minimum mesh restriction of 5.5-inch (14.0 cm) diamond or
6-inch (15.2 cm) square. [[Page 8959]]
Commercial Quota
The final 1995 coastwide commercial quota is changed from the
amount (11.6 million lb; 5.3 million kg) contained in the proposed
specifications. In order to comply with a court order issued on
December 19, 1994, by the U.S. District Court for the Eastern District
of Virginia, NMFS announces that an additional 3.05 million lb (1.4
million kg) are added to the commercial quota. The resulting 1995
coastwide commercial quota is 14.7 million lb (6.7 million kg).
The commercial coastwide quota is allocated among the states based
on historic catch shares specified in the regulations. Table 1 presents
the 1995 commercial quota (14,690,407 lb; 6,663,569 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 1994 landings exceed the
quota for any state. A notification of allocation adjustment will be
published in the Federal Register if such an adjustment is necessary.
Table 1.--1995 State Commercial Quotas
------------------------------------------------------------------------
1995 quota
State Share -------------------------
(percent) (lb) (kg)
------------------------------------------------------------------------
ME............................... 0.04756 6,987 3,169
NH............................... 0.00046 67 30
MA............................... 6.82046 1,001,953 454,478
RI............................... 15.68298 2,303,894 1,045,029
CT............................... 2.25708 331,574 150,399
NY............................... 7.64699 1,123,374 509,554
NJ............................... 16.72499 2,456,969 1,114,462
DE............................... 0.01779 2,614 1,186
MD............................... 2.03910 299,551 135,874
VA............................... 21.31676 3,131,519 1,420,433
NC............................... 27.44584 4,031,905 1,828,841
------------------------------------------------------------------------
Recreational catch data for 1994 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.
Comments and Responses
Twenty-nine comments were received concerning the proposed 1995
specifications from individuals, owners and employees of fishing
businesses, Congressional representatives, the Council and industry
organizations. One comment submitted by a fishing business was
presented as a statement on behalf of 100 individuals associated with
the business. The Council expressed concern that the recommended total
catch may be too high. Twenty-eight of the commenters opposed the
proposed commercial quota level, though their suggested alternatives
varied. A few commenters suggested a less restrictive minimum-mesh
requirement.
Comment: The Council notes the concern expressed by NMFS in the
proposed rule that the recommended quota may not reasonably assure that
the target fishing mortality rate will be achieved in 1995. The Council
acknowledges that the recommended quota may be too high and states that
the court order may negatively impact the likelihood of attaining the
mortality target. The Council is also concerned that, if the fishery
exceeds the target in 1995, it will reduce the allowable catch in 1996,
when the target mortality rate is lowered by the FMP. The Council urges
NMFS to take appropriate action to ensure that the mortality target is
met in 1995.
Response: NMFS acknowledges that the 1995 catch limit may not
assure attainment of the target fishing mortality rate. However, under
the terms of the court order, NMFS must judge the Council's recommended
quota independent of the court-ordered addition. The Council's
recommended quota has a 50 percent probability of achieving the target
fishing mortality rate, but the FMP does not provide a basis for
setting the catch limit to achieve any particular level of probability
of meeting or exceeding the target fishing mortality rate. NMFS will
take whatever appropriate actions remain to contain mortality in the
summer flounder fishery (e.g., work closely with the states to monitor
landings accurately and enforce closures after quotas are attained).
Comment: Twenty-eight of the commenters believe that the proposed
commercial quota level is too low, for a variety of reasons. They
propose alternate commercial quotas that range from the 1993 quota
level of 12.35 million lb (5.6 million kg) to 20 million lb (9.1
million kg). Many believe that there will be harmful economic impacts
if the commercial quota is reduced from the 1994 level. Several believe
that summer flounder stock abundance is underestimated and that NMFS is
being overly cautious at the expense of the industry. The commenters
give various examples to demonstrate that stock abundance is
underestimated, including that more large fish are being landed than in
the past, state quotas are filled quickly, and the most recent North
Carolina trawl survey indicates a good 1994 year class.
Response: The quota has been raised for the reason noted above.
NMFS strongly believes that the stock abundance estimate produced by
the most recent assessment represents the best available scientific
information on the stock as a whole. However, NMFS expects that the
initial signs of stock rebuilding (e.g., more larger fish, increased
abundance) may first be observed by harvesters. NMFS commits
substantial resources toward collecting and compiling such observations
from harvesters through biological sampling, interviews with captains,
vessel logbooks and other methods. Once compiled throughout the range
of the resource, quantifiable data on increased fish sizes and
indicators of abundance are considered in the stock assessment. The
observations that industry members make in 1994 will begin to be
evaluated by scientists in 1995. It is important that all observations
are brought together during the stock assessment process.
NMFS, the Council and the ASMFC are committed to building upon
indications of positive change, such as those observed by the
commenters, to the point where a healthy stock is reestablished. For
example, while the results of the North Carolina trawl survey were not
available in time to be [[Page 8960]] incorporated into the assessment
itself, those results were factored into the quota recommendation made
by the Council and ASMFC. However, despite some localized improvements,
the stock as a whole continues to decline. Therefore, NMFS does not
agree that the commercial quota should be increased in 1995 above the
level specified herein. Furthermore, NMFS believes that continued stock
decline will result in more serious and comprehensive adverse economic
consequences than the reduction in the quota from 1994 levels to 1995
levels.
Comment: One industry group reminds NMFS that the recent court
decision holds that the requirement to use the best scientific
information available is best met by utilizing the stock projection
based on the mean estimate of recruitment and the number of age-1 fish.
Response: NMFS interprets this comment to mean that the proposed
quota level is appropriate because it is based on the stock projection
that assumed mean recruitment and number of age-1 fish.
Comment: Several commenters express support for a change from the
current minimum mesh size of 5.5-inch (14 cm) diamond, 6-inch (15.2 cm)
square. They support a minimum mesh size of 5-inch (12.7 cm) diamond or
5.5-inch (14.0 cm) square mesh, because they believe that 50 percent of
13-inch (33-cm) fish escape from nets under the current requirement.
Response: NMFS data show that more than 50 percent of the 13-inch
(33-cm) fish will escape. However, it is the intent of the Council that
both the commercial and recreational fisheries should target fish
greater than or equal to 14 inches (35.5 cm) in length. This is the
required, minimum size in the recreational fishery. The Council
established a minimum size of 13 inches (33 cm) in the commercial
fishery to allow fish of that size to be kept in order to minimize the
discard mortality in the fishery. The minimum-mesh size selected is
intended to result in a catch primarily composed of fish of 14 inches
(35.5 cm) or more in size.
Classification
This action is authorized by 50 CFR part 625.
These final specifications are exempt from review under E.O. 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 10, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-3815 Filed 2-10-95; 4:06 pm]
BILLING CODE 3510-22-P
