[Federal Register Volume 59, Number 76 (Wednesday, April 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9493]
[[Page Unknown]]
[Federal Register: April 20, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 625
[Docket No. 940409-4109; I.D. 033194C]
Summer Flounder Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule.
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SUMMARY: NMFS issues this interim final rule to amend the regulations
implementing the Fishery Management Plan for the Summer Flounder
Fishery (FMP). This rule establishes the season dates and possession
limit for the 1994 recreational fishery. The recreational season will
take place from April 15 through October 15, with a possession limit of
eight fish per person. The 1994 possession limit and season are
specified to achieve the 1994 coastwide recreational harvest limit,
which is 10.7 million lbs (4.8 million kg).
DATES: Effective on April 15, 1994. Written comments must be received
by May 2, 1994.
ADDRESSES: Written comments should be mailed to Richard B. Roe,
Regional Director, NMFS, One Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope ``Comments on Summer Flounder
Recreational Measures.'' Copies of the Environmental Assessment
prepared for the 1994 summer flounder specifications are also available
from the same address.
FOR FURTHER INFORMATION CONTACT: Hannah Goodale, Fishery Policy
Analyst, (508-281-9101).
SUPPLEMENTARY INFORMATION: Section 625.20 of the regulations
implementing the FMP outlines the process for determining annual
commercial and recreational catch quotas and other restrictions for the
summer flounder fishery. The Summer Flounder Monitoring Committee
(Committee), made up of representatives from the Atlantic States Marine
Fisheries Commission, the Mid-Atlantic Fishery Management Council
(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 commercial catch quota and other
restrictions necessary to achieve a fishing mortality rate of 0.53 in
1993 through 1995, and 0.23 in 1996, and thereafter. This schedule of
fishing mortality rates is mandated by the FMP to prevent overfishing
of the summer flounder resource and to rebuild its depleted stock.
The Committee reviews the following annually: (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. These measures include: (1)
Commercial quota; (2) commercial minimum fish size; (3) minimum mesh
size; (4) recreational possession limit within the range of zero to 15
fish per person per day; (5) recreational minimum fish size; (6)
recreational season; and (7) restrictions on gear other than otter
trawls.
Proposed management measures for 1994 were published in the Federal
Register on December 7, 1993 (58 FR 64393), and after consideration of
the comments received, the final specifications were published on March
7, 1994 (59 FR 10586). The management measures contained in the final
specifications were: (1) A coastwide harvest limit of 26.7 million lbs
(12.1 million kg); (2) a coastwide commercial quota of 16 million lbs
(7.3 million kg); (3) a coastwide recreational harvest limit of 10.7
million lbs (4.8 million kg); (4) no change from the current minimum
commercial fish size of 13 inches (33 cm); (5) no change in the current
minimum-mesh size restriction of 5\1/2\ inch diamond (14.0 cm) or 6-
inch square (15.2 cm); and (6) no change in the current minimum
recreational fish size of 14 inches (35.6 cm).
The recreational possession limit and season were not established
as part of the final specifications because recreational catch data for
1993 were not available for the Committee's use in evaluating the
effectiveness of the 1993 season and possession limit in attaining the
1993 quota. The 1993 data became available to the Committee in March
1994, and showed that the 1993 coastwide recreational harvest limit,
also referred to as a target quota in 1993, of 8.38 million lbs (3.80
million kg) was actually underharvested by approximately 2.2 million
lbs (1 million kg) during the season, which was open from May 15
through September 30, 1993, with an individual possession limit of six
fish per person. The Committee met March 8, 1994, to consider an
extended recreational season and an increased individual possession
limit in order to attain the 1994 coastwide recreational harvest limit
of 10.7 million lbs (4.85 million kg). The Committee recommended a
recreational season that will begin on April 15 and continue through
October 15, and a possession limit of eight fish per person. These
measures were adopted by the Council at its meeting held March 9-10,
1994, and are implemented by this interim final rule.
As specified in Amendment 2, individual states may implement a
different, equivalent, open season provided such open season remains
within the Marine Recreational Fisheries Statistics Survey bimonthly
sampling period. For 1994, the equivalent open seasons would be either
April 1 through October 1, or April 30 through October 30.
Classification
This interim final rule is exempt from Office of Management and
Budget review under E.O. 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds there
is good cause to waive prior notice under 5 U.S.C. 553(b) of the
Administrative Procedure Act (APA). Prior notice is impracticable and
contrary to the public interest because it would prevent the
recreational season from commencing on April 15, as recommended by the
Council. Further, the AA finds that the public meetings held by the
Council to discuss the recreational season and possession limit
provided opportunity for public comment to be considered. The AA finds
that under section 553(d) of the APA the need to have this regulation
in place at the beginning of the recreational season is good cause to
waive the 30-day delay in effectiveness of the regulation.
List of Subjects in 50 CFR Part 625
Fisheries, Reporting and recordkeeping requirements.
Dated: April 14, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, 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. Section 625.22 is revised to read as follows:
Sec. 625.22 Time restrictions.
Vessels that are not eligible for a moratorium permit under
Sec. 625.4 and fishermen subject to the possession limit may fish for
summer flounder only during the period April 15 through October 15.
This period may be adjusted pursuant to the procedures in Sec. 625.20.
3. Section 625.25(a) 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. Persons on
board a commercial vessel that is not eligible for a moratorium permit
under Sec. 625.4 are subject to this possession limit. The owner,
operator and crew of a charter or party boat issued a moratorium permit
under Sec. 625.4(b) are not subject to the possession limit when not
carrying passengers for hire and when the crew size does not exceed
five for a party boat and three for a charter boat.
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[FR Doc. 94-9493 Filed 4-15-94; 1:25 pm]
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