[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Proposed Rules]
[Pages 17682-17683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9771]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 625
[Docket No. 960412110-6110-01; I.D. 030596E]
RIN 0648-AI93
Summer Flounder Fishery; Proposed 1996 Recreational Fishery
Management Measures
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 issues this proposed rule to amend the regulations
implementing the Fishery Management Plan for the Summer Flounder
Fishery (FMP). This rule proposes a possession limit of eight fish per
person and a minimum fish size of 14 inches (35.6 cm) for the 1996
summer flounder recreational fishery. The intent of this action 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 resource.
DATES: Public comments on this proposed rule must be received on or
before May 17, 1996.
ADDRESSES: Comments should be sent to: Director, Northeast Region,
NMFS, One Blackburn Drive, Gloucester, MA 01930.
[[Page 17683]]
Copies of the environmental assessment prepared for the 1996 summer
flounder specifications and supporting documents used by the Summer
Flounder Monitoring Committee (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 L. Spallone, Fishery Policy
Analyst, (508)281-9221.
SUPPLEMENTARY INFORMATION: The 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 outlines the process for determining annual
commercial and recreational catch quotas and other restrictions for the
summer flounder fishery. The Committee, made up of representatives from
the ASMFC, the Council, the New England Fishery Management Council, and
NMFS is required to review, on an annual basis, scientific and other
relevant information and to recommend a quota and other restrictions
necessary to achieve a fishing mortality rate 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 do not exceed
18.518 million lb (8.4 million kg), unless such levels have an
associated F of 0.23. This schedule is mandated by the FMP to prevent
overfishing and to rebuild the summer flounder resource. The Committee
reviews the following information annually to determine the allowable
levels of fishing and other restrictions necessary to achieve a given
fishing mortality rate goal: (1) Commercial and recreational catch
data; (2) current estimates of fishing mortality; (3) stock status; (4)
recent estimates of recruitment; (5) virtual population analysis, a
method for analyzing fish stock abundance; (6) levels of regulatory
noncompliance by fishermen or individual states; (7) impact of fish
size and net mesh regulations; (8) impact of gear, other than otter
trawls, on the mortality of summer flounder; and (9) other relevant
information. Pursuant to Sec. 625.20, after this review, the Committee
recommends management measures to ensure achievement of the appropriate
fishing mortality rate.
The 1996 final specifications, which were implemented on December
31, 1995 (61 FR 291, January 4, 1996), are: (1) A minimum commercial
fish size of 13 inches (33 cm), (2) a minimum mesh size restriction of
5.5-inch (14.0-cm) diamond or 6.0-inch (15.2-cm) square, (3) a
coastwide harvest limit of 18,518,830 lb (8.40 million kg); (4) a
coastwide commercial quota of 11,111,298 lb (5.04 million kg), and (5)
a coastwide recreational harvest limit of 7,407,532 lb (3.36 million
kg).
The recreational season, possession limit, and minimum size were
not established as part of the final specifications, because
recreational catch data for 1995 were not available for the Committee's
use in evaluating the effectiveness of the 1995 measures. Shortly after
preliminary data became available in October 1995, the Committee met to
review the 1995 data and to recommend measures for 1996. The Committee
recommended to continue the elimination of the closed season, an
individual possession limit of eight fish per person, and a minimum
fish size of 14 inches (35.6 cm). These recommendations, adopted by the
Council on January 26, 1996, are proposed in this action.
An apparent discrepancy exists between the harvest limit decrease
from 1995 to 1996 (7.76 million lb [3.52 million kg]) to 7.41 million
lb [3.36 million kg]) and the possession limit increase (from six fish
to eight fish). This increase in the possession limit is consistent
with the relaxation of the mortality reduction schedule recently
approved in Amendment 7 to the FMP (60 FR 57955, November 24, 1995).
Further, the Council believes that this increase is warranted because,
while the recreational harvest limit decreased from 1995 to 1996,
estimated 1995 landings are below both the 1995 and 1996 harvest
limits. This landings shortage occurred despite the fact that most
states implemented an eight fish per person possession limit in 1995,
as allowed under the ASMFC plan. The Council believes that the increase
to eight fish per person in the exclusive economic zone (EEZ) in 1996
will provide recreational harvesters with the opportunity to reach the
harvest limit.
Classification
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, such as the charter boats and head boats that serve the
recreational fishery. Despite the increase in the possession limit that
this action would implement, it is anticipated that few recreational
fishermen will actually attain the maximum possession limit under this
rulemaking. Specifically, this action will not affect a substantial
number of small entities because it will not trigger the following
criteria: (1) The regulations are not likely to result in a change in
annual gross revenues by more than 5 percent; (2) annual compliance
costs will not increase by more than 5 percent; and (3) the regulations
will not force small entities to cease business operations. As a
result, a regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 625
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 16, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 625 is
proposed to be 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. 625.25, in paragraph (a) the first sentence is revised
to read as follows:
Sec. 625.25 Possession limit.
(a) No person shall possess more than eight summer flounder in, or
harvested from, the EEZ unless that person is the owner or operator of
a fishing vessel issued a moratorium permit under Sec. 625.4. * * *
* * * * *
[FR Doc. 96-9771 Filed 4-17-96; 11:50 am]
BILLING CODE 3510-22-F
