[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Proposed Rules]
[Pages 46105-46106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21947]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 625
[Docket No. 950822210-5210-01; I.D. 081195A]
RIN 0648-AH94
Summer Flounder Fishery; Amendment 7
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 implement measures proposed
in Amendment 7 to the Summer Flounder Fishery Management Plan (FMP).
This amendment would revise the fishing mortality rate reduction
schedule for summer flounder, with the intended effect of still
rebuilding summer flounder stock abundance, while reducing short-term
economic losses for participants in the fishery.
DATES: Comments on the proposed rule must be received on or before
October 16, 1995.
ADDRESSES: Comments on the proposed rule should be sent to Dr. Andrew
A. Rosenberg, Regional Director, National Marine Fisheries Service,
Northeast Regional Office, 1 Blackburn Drive, Gloucester, MA 01930-
2298. Mark the outside of the envelope ``Comments on Summer Flounder
Plan.''
Copies of Amendment 7, the environmental assessment, and the
regulatory impact review are available from David R. Keifer, 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:
Background
Amendment 7 was prepared by the Mid-Atlantic Fishery Management
Council (Council) in consultation with the Atlantic States Marine
Fisheries Commission (ASMFC) and the New England and South Atlantic
Fishery Management Councils. A notice of availability for the proposed
amendment was published in the Federal Register on August 17, 1995 (60
FR 42830). Copies of the amendment are available from the Council upon
request (see ADDRESSES). The amendment revises management of the summer
flounder (Paralichthys dentatus) fishery pursuant to the Magnuson
Fishery Conservation and Management Act, as amended (Magnuson Act).
The management unit continues to be summer flounder in U.S. waters
in the western Atlantic Ocean from North Carolina northward. The
objectives of the FMP are unchanged by this amendment: (1) Reduce
fishing mortality in the summer flounder fishery to assure that
overfishing does not occur; (2) reduce fishing mortality of immature
summer flounder to increase spawning stock biomass; (3) improve the
yield from the fishery; (4) promote compatible management regulations
between state and Federal jurisdictions; (5) promote uniform and
effective enforcement of regulations; and (6) minimize regulations to
achieve the management objectives stated above.
The regulations implementing the FMP, and its amendments, enact a
broad spectrum of measures to stop overfishing and allow the stock to
rebuild. These measures include a fishing mortality rate (F) reduction
schedule. The reduction schedule was set at F of 0.53 for 1993-95, and
Fmax (0.23) in 1996 and thereafter. Fmax is the biological
reference point that corresponds to the level of fishing mortality that
produces the maximum yield per recruit. The schedule was developed and
adopted by the Council and ASMFC after lengthy deliberations. It was
deemed an appropriate balance between effective reduction in fishing
mortality and short-term economic burdens placed on participants in the
fishery.
The Council and ASMFC conducted analyses of the fishing mortality
rate reduction schedules during the development of Amendment 2. This
reduction in fishing mortality was to be accomplished through a
combination of minimum mesh size and minimum fish size restrictions and
a coastwide annual quota divided between the recreational and
commercial fisheries. Based on these analyses, the Council believed
that by the fourth year of the rebuilding schedule (1996), the level of
rebuilding in the stock would offset any significant reductions in
quota. That is, it was assumed that the stock growth from years 1 to 3
would be large enough, so that by 1996 the quota would not be
significantly different from the 1995 level.
However, although the stock has rebuilt from its 1989 low level, it
has not recovered to the extent projected. Lower than expected
recruitment levels
[[Page 46106]]
in 1993 and redirected exploitation patterns on more ages-0 and -1 fish
produced a higher F than expected. Thus, in order to reach the target F
of 0.23 in 1996, given our current knowledge of stock abundance and age
distribution, the resulting quota would be approximately 11 million lb
(4,990 mt), or about a 50 percent reduction from the 1995 quota.
Because of the magnitude of this reduction, and the resulting short-
term losses to the industry, the Council and ASMFC initiated a re-
examination of the fishing mortality rate reduction schedule for summer
flounder.
This examination included analyses of the impacts of proposed
changes on future spawning stock biomass (SSB) and recruitment success.
Based on virtual population analysis (VPA) results, there is a near
linear relationship between summer flounder SSB and recruitment. Thus,
as SSB increases, recruitment should also increase. Lower levels of
recruitment from 1983 to 1993 were associated with SSB estimates
ranging from 11 to 33 million lb (4,990 to 14,969 mt). The SSB
estimates above 33 million lb (14,969 mt) were associated with higher
recruitment levels. With the proposed amendment, the SSB for 1996 is
estimated at 46 million lb (20,865 mt). Thus, the chance of recruitment
failure associated with this proposed regulation is minimal.
Amendment 7, if approved, would revise the fishing mortality rate
by deferring attainment of Fmax until 1998. This revision would
allow for more stable landings from one year to the next. The change
would alleviate short-term economic burdens on the industry, yet slow
the rate of stock rebuilding only slightly. The Council and ASMFC have
adopted the following strategy: The fishing mortality rate would be
reduced from the 1995 target (0.53) to 0.41 in 1996, 0.3 in 1997, and
Fmax in 1998 and beyond. In addition, the amendment specifies that
the quota for 1996 and 1997 could not exceed 18.51 million lb (8,396
mt). This cap on the quota could result in an F in 1996 and 1997 lower
than 0.41 and 0.3, respectively, but would not exceed these values. A
quota level above the cap could be set in 1996 or 1997, but only if the
resulting quota had an associated F of 0.23.
Classification
Section 304(a)(1)(D)(ii) of the Magnuson Act, as amended, requires
NMFS to publish regulations proposed by a Council within 15 days of
receipt of the amendment and proposed regulations. At this time, NMFS
has not determined that the amendment these rules would implement is
consistent with the national standards, other provisions of the
Magnuson Act, and other applicable law. NMFS, in making that
determination, will take into account the information, views, and
comments received during the comment period.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
NMFS prepared an initial regulatory flexibility analysis (IRFA) as
a supplement to the regulatory impact review prepared by the Council,
which describes the economic impacts this proposed rule would have on
small entities, if adopted. Compared to the projected ex-vessel
revenues for the 1995 summer flounder commercial fishery, estimated ex-
vessel revenues would be only 20.1% less in 1996 if Amendment 7 is
implemented, whereas under the existing regulations, estimated 1996 ex-
vessel revenues would be 48.5% less than those in 1995. Anticipated ex-
vessel revenues for the commercial fishery would thus decrease less
under Amendment 7 than they would under existing regulations, resulting
in an economic benefit to the fishery. Under Amendment 7, it is
estimated that in 1996, an additional $6.7 million in ex-vessel
revenues will be available, compared to the status quo, for
distribution among as many as 1,098 permitted vessels. Copies of the
IRFA are available from NMFS (see ADDRESSES).
List of Subjects in 50 CFR Part 625
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 30, 1995.
Richard H. Schaefer,
Acting Assistant Administrator for Fisheries, 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. 625.20, 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 18.51 million lb (8,396 mt), unless such fishing levels
have an associated F of 0.23:
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[FR Doc. 95-21947 Filed 8-30-95; 3:43 pm]
BILLING CODE 3510-22-F
