Summer Flounder Fishery

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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