[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Proposed Rules]
[Pages 16753-16755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8859]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 970318057-7057-01; I.D. 022097C]
RIN 0648-AJ42
Fisheries of the Northeastern United States; Fishery Management Plan
for the Summer Flounder, Scup, and Black Sea Bass Fisheries;
Recreational Measures for the 1997 Summer Flounder Fishery
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, Scup,
and Black Sea Bass Fisheries (FMP). This rule proposes a possession
limit of 10 fish per person and a minimum fish size of 14.5 inches
(36.8 cm) for the 1997 summer flounder recreational fishery. The intent
of this rule is to comply with implementing regulations for the fishery
that require NMFS to publish measures for the current fishing year that
will prevent overfishing of the resource.
[[Page 16754]]
DATES: Public comments must be received on or before May 8, 1997.
ADDRESSES: Copies of the Environmental Assessment prepared for the 1997
summer flounder specifications 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. Comments should be sent to:
Regional Administrator, NMFS, One Blackburn Drive, Gloucester, MA
01930. Please mark the outside of the envelope ``Comments on the
Recreational Fishing Measures for Summer Flounder.''
FOR FURTHER INFORMATION CONTACT: Regina L. Spallone, Fishery Policy
Analyst, (508)281-9221.
SUPPLEMENTARY INFORMATION:
The FMP was developed jointly by the Mid-Atlantic Fishery
Management Council (Council) and the Atlantic States Marine Fisheries
Commission (Commission), in consultation with the New England and South
Atlantic Fishery Management Councils. Implementing regulations for the
fishery are found at 50 CFR part 648.
Section 648.100 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 Commission, 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 (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 18.518
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: (1)
Commercial and recreational catch data; (2) current estimates of stock
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 on 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. 648.100,
after this review, the Committee recommends to the Council and
Commission management measures to ensure achievement of the appropriate
fishing mortality rate. The Council and Commission, in turn, make a
recommendation to the Regional Administrator.
Final specifications for the 1997 summer flounder fishery were
published on March 7, 1997 (62 FR 10473), including a coastwide
recreational harvest limit of 7,407,532 lb (3.36 million kg). The
recreational season, possession limit, and minimum size for 1997 were
not established as part of the final specifications because
recreational catch data for 1996 were not available for the Committee's
use in evaluating the effectiveness of the 1996 measures. Shortly after
preliminary 1996 data became available, the Committee met to review
those data, and to recommend measures for the 1997 recreational fishery
intended to achieve the recreational harvest limit. The Committee
recommended an individual possession limit of six fish per person and a
15-inch (35.6-cm) minimum fish size. This recommendation was based on
projected 1996 recreational landings of 11.55 million lb (5.2 million
kg). That level is 4.14 million lb (1.9 million kg), or 36.2 percent,
over the 1996 recreational harvest limit of 7.41 million lb (3.4
million kg).
While reviewing the Committee's recommendations in December 1996,
the Council and Commission were provided with new information that
indicated projected recreational landings for 1996 would be less than
previously estimated. The information presented the Council and
Commission indicates that projected recreational landings in 1996 would
be 10.4 million lb (4.7 million kg), thus exceeding the 1996 harvest
limit by 3 million lb (1.4 million kg), or 29 percent. Based on this
updated information, the Council and Commission rejected the
Committee's recommendations. On December 17, 1996, they recommended to
the Regional Administrator a possession limit of 10 fish and a 14.5-
inch (36.8-cm) minimum fish size for the 1997 recreational summer
flounder fishery. These measures are proposed by this action.
Assuming that availability of summer flounder and recreational
effort will not change in 1997 relative to 1996, the Council and
Commission acknowledged that the recreational fishery required further
constraints to prevent anglers' exceeding the 1997 harvest limit.
However, noting that recreational landings in 1995 and 1994 were below
the harvest limit by 12 percent and 29 percent, respectively, the
Council and Commission did not believe that a 29 percent reduction was
necessary in 1997.
In making their recommendation for 1997, the Council and Commission
reviewed an analysis of the effects of various size and possession
limits on 1996 summer flounder recreational landings. Intercept data
indicated that the recreational sector was constrained by the eight
fish possession limit in 1996. Assuming 100 percent compliance and
similar management measures in 1997, those same measures would effect a
9.9 percent reduction in landings in 1997 versus 1996. An increase to a
15-inch (38.1-cm) fish size with the eight fish possession limit would
result in a 35.4 percent reduction. Increasing the possession limit to
10 fish, would result in a 9.7 percent reduction for a 14-inch (35.6-
cm) fish size, and a 35.3 percent reduction for a 15-inch (38.1-cm)
fish size.
The Council and Commission noted the variability of the data, the
fact that participants were constrained by the possession limit in
1996, and that an increase in possession limit for the same fish size
would have had a negligible effect on landings (a reduction of about
0.1 percent). The Council and Commission felt the 35 percent reductions
associated with the 15-inch (38.1 cm) fish size were too severe, and
the 9 percent reductions associated with the 14-inch (35.6-cm) fish
size were not adequate. Therefore, they recommended a 14.5-inch (36.8-
cm) fish size and a 10 fish possession limit. The recommendation
effectively splits the reductions associated with the two fish sizes,
and would result in approximately a 22.5 percent reduction in
recreational landings in 1997. Although the proposed possession limit
represents an increase in 1997 versus 1996, from 8 to 10 fish, the data
indicate that participants would not have been any more constrained by
a 10 fish possession limit, versus an eight fish limit, as shown above.
The necessary reductions in landings would be reached by the
increased fish size. The increase in possession limit is proposed to
offset any potential decreases in participation that may occur because
of the increase in the minimum size limit. Based on 1995 angler
intercept data, summer flounder was the primary species sought in an
estimated 5.9 percent of the reported trips in the North Atlantic
region, and 27.3 percent in the Mid-Atlantic region. Left-eyed
flounders, of which summer flounder is one of several species, were
[[Page 16755]]
the primary species sought in an estimated 2.4 percent of the reported
trips in the South Atlantic region, which includes North Carolina.
These data include trips by all modes including party/charter and
private/rental vessels, as well as fishing from shore and man-made
structures (e.g., piers). These data, however, cannot predict the
extent to which participation would be affected by the proposed
measures. Thus, the reductions are dependent upon the assumption that
participation (effort), as well as summer flounder availability, will
not change in 1997.
The Council and Commission believe that this combination of limits,
the 14.5-inch (36.8-cm) minimum fish size, which is an increase from
the limit in place in 1996, and the 10 fish possession limit, will
constrain anglers to the 7,407,532 lb (3.36 million kg) harvest limit
in 1997.
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, as follows:
The 1997 coastwide recreational harvest limit is unchanged from
1996. The combination of management measures (minimum fish size and
possession limit) is proposed to be revised to allow recreational
anglers to harvest summer flounder at a level consistent with the
1997 coastwide recreational harvest limit. Revisions are proposed
because projections indicate that 1996 recreational landings
exceeded the harvest limit by 29 percent. Assuming that the
availability of summer flounder and recreational effort do not
change in 1997 relative to 1996, further constraints would be
required to prevent anglers from exceeding the 1997 harvest limit.
Noting the variability in recreational landings (1995 and 1994 were
below the harvest limit by 12 percent and 29 percent, respectively),
however, the Council and Commission do not believe that a 29-percent
reduction in the 1997 harvest limit is necessary. Data indicate
that, if the same measures were in place for 1997 as were in place
for 1996, a 9.9-percent reduction in landings would be realized,
assuming 100-percent compliance.
An increase to a 15-inch (38.1-cm) fish size, with the same
possession limit, would result in a 35.4-percent reduction. An
increase in the possession limit to 10 fish, with a 14-inch (35.6-
cm) minimum fish size, would result in a 9.7-percent reduction in
landings and, with a 15-inch (38.1-cm) minimum fish size, would
result in a 35.3- percent reduction in landings. The Council and
Commission further noted the variability of the data, the fact that
participants were constrained by the possession limit in 1996, and
that an increase in possession limit for the same fish size would
have had a negligible effect on landings (a reduction of about 0.1
percent). They felt the 35-percent reductions associated with the
15-inch (38.1-cm) fish size were too severe, and the 9- percent
reductions associated with the 14-inch (35.6-cm) fish size were not
adequate. They recommended a 14.5-inch (36.8-cm) minimum fish size
and a 10 fish possession limit. The recommendation effectively
splits the reductions associated with the two fish sizes, and would
result in approximately a 22.5-percent reduction in 1997
recreational landings over the 1996 landings. The intent of this
reduction is to bring landings in line with the 1997 harvest limit,
which, as noted above, is unchanged from 1996. Although the proposed
possession limit represents an increase in 1997 versus 1996, from 8
to 10 fish, the data indicate that participants would not have been
any more constrained by a 10-fish possession limit, versus an 8-fish
limit. Thus, the necessary reductions in landings would be reached
by the increased fish size. The increase in possession limit is
proposed to offset any potential decrease in participation that may
harm the charter/party boat and rental sectors of the industry.
There are an estimated 442 vessels permitted to fish as charter/
party vessels in the summer flounder fishery in the EEZ, all of
which would readily qualify as small entities (having annual
receipts of less than $2 million). Based on 1995 angler intercept
data, summer flounder were the primary species sought in 5.9 percent
of the reported trips in the North Atlantic region and 27.3 percent
in the Mid-Atlantic region. Left-eyed flounders, of which summer
flounder is one of several species, were the primary species sought
in an estimated 2.4 percent of the reported trips in the South
Atlantic region, which includes North Carolina. These data include
trips by all modes, including party/charter and private/rental
vessels, as well as fishing from shore and man-made structures
(e.g., piers). These data, however, cannot predict the extent to
which participation would be affected by the proposed measures.
Thus, the reductions are dependent upon the assumption that
participation (effort), as well as summer flounder availability,
will not change in 1997.
It is not known by how much the increase in minimum fish size
will affect compliance costs. That is, the available data do not
indicate how often the total amount retained would be less on a trip
with a 14.5-inch (36.8-cm) minimum size compared to a 14-inch (35.6-
cm) minimum size. In 1995, approximately 26 percent of the summer
flounder landed were 14 inches (35.6 cm)--denoting a range of
between 14.0 (35.6 cm) and 14.9 inches (37.8 cm). The data are
available as whole-inch increments, requiring extrapolation to
determine impacts of half-inch changes. Since the increase in
possession limit is expected to mitigate a potential discouragement
of participation, it is expected that no vessels will cease
operations for lack of participation because of this action.
Likewise, since, on average, approximately 12 percent of the
reported trips declare summer flounder as the primary species sought
coastwide, ex-vessel revenues are not expected to increase or
decrease by 5 percent or more for 20 percent or more of these
participants in the recreational fishery. This presumption is
supported by the fact that the 1997 coastwide recreational harvest
limit is unchanged from the 1996 limit. That harvest limit is part
of the total annual specifications package for the summer flounder
fishery and was already certified to have no significant impact on a
substantial number of small entities. As a result, an initial
regulatory flexibility analysis was not prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 2, 1997.
Rolland A. Schmitten,
Assistant Admiistrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.103, paragraph (b) is revised to read as follows:
Sec. 648.103 Minimum fish sizes.
* * * * *
(b) The minimum size for summer flounder is 14.5 inches (36.8 cm)
TL for all vessels that do not qualify for a moratorium permit, or for
party and charter boats holding moratorium permits, but fishing with
passengers for hire or carrying more than three crew members, if a
charter boat, or more than five crew members, if a party boat.
* * * * *
3. In Sec. 648.105, the first sentence of paragraph (a) is revised
to read as follows:
Sec. 648.105 Possession restrictions.
(a) No person shall possess more than 10 summer flounder in, or
harvested from, the EEZ unless that person is the owner or operator of
a fishing vessel issued a summer flounder moratorium permit or is
issued a summer flounder dealer permit. * * *
* * * * *
[FR Doc. 97-8859 Filed 4-7-97; 8:45 am]
BILLING CODE 3510-22-F