[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 291-292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31584]



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DEPARTMENT OF COMMERCE
50 CFR Part 625

[Docket No. 951116270-5308-02; I.D. 110195B]


Summer Flounder Fishery; Final Specifications for 1996; Technical 
Amendment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final specifications for the 1996 summer flounder fishery; 
final rule, technical amendment.

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SUMMARY: NMFS issues the final specifications for the 1996 summer 
flounder fishery, which include commercial catch quotas and mesh size 
requirements, and revises the applicable regulations to accurately 
reflect the intent of the Mid-Atlantic Fishery Management Council 
regarding the ``cap'' on the harvest limit. The intent of this document 
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 summer flounder resource, and to modify the 
language specifying the ``cap'' on the annual harvest limit.

EFFECTIVE DATE: December 29, 1995.

ADDRESSES: Copies of the Environmental Assessment 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.

FOR FURTHER INFORMATION CONTACT: Regina Spallone, Fishery Policy 
Analyst, 508-281-9221.

SUPPLEMENTARY INFORMATION: The Fishery Management Plan for the Summer 
Flounder Fishery (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 of Title 50, Code of Federal Regulations 
implementing the Fishery Management Plan for the Summer Flounder 
Fishery (FMP) specifies the process for setting annual management 
measures in order to achieve the fishing mortality (F) rates specified 
in the FMP. Under Amendment 7 to the FMP, the schedule of F rates 
established sets a target fishing mortality rate of 0.41 in 1996, 0.3 
in 1997, and 0.23 (F<INF>max) in 1998 and thereafter, provided the 
allowable levels of fishing in 1996 and 1997 may not exceed a ``cap'' 
of 18.51 million lb (8.4 million kg), unless such fishing levels had an 
associated F of 0.23. This ``cap'' reflected a rounding of the actual 
poundage. The Council felt that such a rounding, while convenient for 
the reader, did not accurately reflect the true intent, which was 
18,518,830 lb (8,400 mt). Therefore, this action modifies the ``cap'' 
to reflect the Council's intent that the maximum allowable harvest 
level associated with this ``cap'' is 18,518,830 lb (8,400 mt). This 
clarification is outlined in the section below, which specifies changes 
from the proposed specifications.
    Pursuant to Sec. 625.20, the Director, Northeast Region, NMFS, 
implements certain measures for the fishing year to ensure achievement 
of the appropriate fishing mortality rate. The measures include those 
that are changed, and those that are not changed, from the proposed 
1996 specifications that were published in the Federal Register on 
November 28, 1995 (60 FR 58593). The unchanged measures include: (1) A 
minimum commercial fish size of 13 inches (33 cm); and (2) a minimum 
mesh size restriction of 5.5-inch (14.0-cm) diamond or 6-inch (15.2-cm) 
square. The changed measures include: (1) A coastwide harvest limit of 
18,518,830 lb (8.40 million kg); (2) a coastwide commercial quota of 
11,111,298 lb (5.04 million kg); and (3) a coastwide recreational 
harvest limit of 7,407,532 lb (3.36 million kg).

Commercial Quota

    The coastwide commercial quota is allocated among the states based 
on historic catch shares specified in the regulations. Table 1 presents 
the 1996 commercial quota (11,111,298 lb; 5,040,000 kg) apportioned 
among the states according to the percentage shares specified in 
Sec. 625.20(d)(1). These state allocations do not reflect the 
adjustments required under Sec. 625.20, if 1995 landings exceed the 
1995 quota for any state. A notification of allocation adjustment will 
be published in the Federal Register if such an adjustment is 
necessary.

                 Table 1.--1996 State Commercial Quotas                 
------------------------------------------------------------------------
                                                 1996 quota   1996 quota
              State                 Share  (%)      (lb)         (kg)   
------------------------------------------------------------------------
ME...............................      0.04756        5,284        2,397
NH...............................      0.00046           51           23
MA...............................      6.82046      757,841      343,751
RI...............................     15.68298    1,742,583      790,422
CT...............................      2.25708      250,791      113,757
NY...............................      7.64699      849,680      385,408
NJ...............................     16.72499    1,858,363     842,939 

[[Page 292]]
                                                                        
DE...............................      0.01779        1,977          897
MD...............................      2.03910      226,570      102,770
VA...............................     21.31676    2,368,569    1,074,365
NC...............................     27.44584    3,049,589    1,383,270
------------------------------------------------------------------------


    Recreational catch data for 1995 are not yet available. The Council 
and ASMFC will consider modifications to the recreational possession 
limit and recreational season after a review of that information.

Final Rule, Technical Amendment and Changes From Proposed 
Specifications to Final Specifications

    This document modifies the language specified in Sec. 625.20(a) 
established by the final rule for Amendment 7 to the FMP that set the 
harvest limit ``cap'' at 18.51 million lb (8,396 mt). The final rule, 
technical amendment contained in this action changes the harvest limit 
``cap'' to be 18,518,830 lb (8,400 mt), making the ``cap'' consistent 
with Council intent as stated in the comment submitted by the Council 
and addressed below. The value of 8,400 mt is contained in Amendment 7 
and that value is equivalent to 18,518,830 lb, which is 8,830 lb 
greater than the rounded off value of 18.51 million lb. As a result, 
the state allocations of commercial quota have been altered slightly 
relative to the proposed specifications.

Comments and Responses

    One comment was received regarding the 1996 summer flounder 
specifications from the Council.
    Comment: The Council checked the administrative record and 
acknowledged an error in the publication of the harvest limit ``cap'', 
as published in Amendment 7 to the FMP. The Council wishes to correct 
the specifications to reflect accurately their intent regarding the 
total harvest limit and subsequent specifications for the commercial 
and recreational fisheries. Specifically, the Council intended the 
total harvest limit to equal 18,518,830 lb (8,400 mt), rather than 
18.51 million lb which actually equals 8,396 mt. The value of 
18,518,830 lb would result in an allocation of 11,111,298 lb (5,040,000 
kg) to the commercial sector, and 7,407,532 lb (3,360,000 kg) to the 
recreational sector.
    Response: NMFS agrees. The administrative record shows that, for 
the purpose of reading ease, the numbers for pounds were rounded during 
publication. However, this rounding resulted in a loss of the original 
intent of the Council. To modify the regulations to reflect more 
accurately the record, a technical amendment to the final rule for 
Amendment 7 is necessary. That action accompanies the publication of 
these final specifications.

Classification

    This action is authorized by 50 CFR part 625 and complies with the 
National Environmental Policy Act.
    These final specifications are exempt from review under E.O. 12866.
    For the technical regulatory change, NMFS finds good cause to waive 
prior notice and opportunity for public comment under 5 U.S.C. 
553(b)(B). The technical change corrects the regulation's codification 
of the quota cap in Amendment 7 to reflect accurately the language 
adopted by the Council. As such, NMFS finds that prior notice and 
comment are unnecessary. Further, there is no requirement to delay the 
effective date of this technical change as it is not a substantive 
rule.

List of Subjects in 50 CFR Part 625

    Fisheries, Reporting and recordkeeping requirements.

    Dated: December 28, 1995.
Gary Matlock,
Program Management Officer, 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. 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 18,518,830 lb (8,400 mt), unless such fishing levels 
have an associated F of 0.23:
* * * * *

[FR Doc. 95-31584 Filed 12-29-95; 12:22 pm]
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