[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