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FISHERY MANAGEMENT PLAN FOR THE SUMMER FLOUNDER FISHERY October 1987 Mid-Atlantic Fishery Management Council in cooperation with the National Marine Fisheries Service, the New England Fishery Management Council, and the South Atlantic Fishery Management Council Draft adopted by MAFMC: 29 October 1987 Final adopted by MAFMC: 16 April1988 Final approved by NOAA: 19 September 1988 3.14.89 FISHERY MANAGEMENT PLAN FOR THE SUMMER FLOUNDER FISHERY October 1987 Mid-Atlantic Fishery Management Council in cooperation with the National Marine Fisheries Service, the New England Fishery Management Council, and the South Atlantic Fishery Management Council See page 2 for a discussion of Amendment 1 to the FMP. Draft adopted by MAFMC: 21 October 1187 final adopted by MAFMC: 16 April1988 final approved by NOAA: 19 September 1988 1 2.27 91 THIS DOCUMENT IS THE SUMMER FLOUNDER FISHERY MANAGEMENT PLAN AS ADOPTED BY THE COUNCIL AND APPROVED BY THE NATIONAL MARINE FISHERIES SERVICE. THE REGULATIONS IN APPENDIX 6 (BLUE PAPER) ARE THE REGULATIONS CONTROLLING THE FISHERY AS OF THE DATE OF THIS PRINTING (27 FEBRUARY 1991). READERS SHOULD BE AWARE THAT THE COUNCIL ADOPTED AMENDMENT 1 TO THE FMP ON 31 OCTOBER 1990 TO DEFINE OVERFISHING AS REQUIRED BY 50 CFR 602 AND TO IMPOSE A 5.5" (DIAMOND MESH) AND 6" (SQUARE MESH) MINIMUM NET MESH IN THE TRAWL FISHERY. ON 15 FEBRUARY 1991 NMFS APPROVED THE OVERFISHING DEFINITION AND DISAPPROVED THE MINIMUM NET MESH. OVERFISHING FOR SUMMER FLOUNDER IS DEFINED AS FISHING IN EXCESS OF THE FMAX LEVEL. THIS ACTION DID NOT CHANGE THE REGULATIONS DISCUSSED ABOVE. 2 27.91 2 2. SUMMARY This Fishery Management Plan (FMP) for the Summer Flounder Fishery, prepared by the Mid-Atlantic Fishery Management Council (Council), is intended to initiate management of the summer flounder (Paralichthys dentatus) fishery pursuant to the Magnuson Fishery Conservation and Management Act of 1976, as amended (MFCMA). The management unit is summer flounder in US waters in the western Atlantic Ocean from North Carolina northward. The objectives of the FMP are to: 1. reduce fishing mortality on immature summer flounder; 2. increase the yield from the fishery; 3. promote compatible management regulations between the Territorial Sea and the EEZ; and 4. minimize regulations to achieve the management objectives recognized above. The Summer Flounder FMP is a joint effort in planning with the Atlantic States Marine Fisheries Commission, the States, and the Council. Some measures 1n this Council FMP are supportive of current State regulations. The adjustment mechani!>m is provided to automatically proceed to a 14" minimum fish size should the biological/fishery indicator� continue to show stock declines. The FMP also has a provision that a vessel holding a Federal permit will fish under the more stringent of federal or State rule!>. It is critical to the success of the FMP that the States be given time to allow them to adjust their regulations to those of the FMP. The Council has adopted the following management measures for thi� FMP: 1. It is illegal to possess summer flounder less than 13" total length (TL) and it is illegal to possess parts of summer flounder less than 13"to the point of landing. 2. Vessels with permits issued pursuant to this FMP would be required to fish and land pursuant to the provisions of this FMP unless the vessels land in States with larger minimum fish sizes than those provided in the FMP, then the minimum fish sizes would be required to meet the State limits. 3. Foreign fishermen would not be permitted to retain summer flounder since US fishermen, by definition, would be harvesting the Optimum Yield (OY). 4. Vessels fishing commercially for summer flounder, either directly or as a bycatch in other fisheries, and vessels for hire in the recreational fishery (party and charter boats) would be required to obtain annually renewable permits. 5. States with minimum sizes larger than those in the FMP and minimum mesh regulations are encouraged to maintain them. 6. After three years of Plan implementation the Council would begin to annually examine fishing mortality estimates of age II summer flounder to measure the effectiveness of the size limit relative to the FMP's objectives. If the Council finds that the fishing mortality of age II summer flounder has increased, based on the following adjustment criteria, and if the NMFS Northeast Regional Director concurs with the Council� the minimum fish length would be increased by the NMFS Northeast Regional Director to a minimum fish length of 14" Tl. The adjustment criteria are (1) estimated fishing mortality from the NEFC spring survey and (2) estimated fishing mortality from a virtual population analysis (VPA) which would be tuned using commercial and recreational fishery CPUE indices. If a three year trend of either of these mortality estimates increases, an increase in the minimum fish length would be required. 3 2.27 91 The trend in post-FMP fishing mortality rate (age II fish) estimated from the NEFC spring survey will be measured relative to the baseline level defined from pre-FMP fishing mortality rates (age II fish) from NEFC survey data (catch at age available from 1976-1 988). Likewise, the trend in post-FMP fishing mortality rates (age II) estimated from virtual population analysis (VPA) will be measured relative to the baseline level defined from pre-FMP fishing mortality rates (age II) from VPA (catch at age also available from 1976-1988). Best estimates of discards will be incorporated into both the catch-at-age data and commercial catch per unit effort (CPUE) data. Catch per unit effort indices to be used to tune the VPA will be evaluated from standardized fishing power analyses of commercial and recreational fisheries data. Candidate data series for CPUE indices include (but are not limited to) NEFC commercial weighout (1976-1988), North Carolina winter fishery ( 1982/83 - 1988119) and Marine Recreational Fishery Statistics Survey (MRFSS) ( 1979-1988) data 2.27 �q 4 3. TABLE OF CONTENTS 1. COVER SHEET ................ ...................... ......................................... 2. SUMMARY . 3 3. TABLE OF CONTENTS 5 4. INTRODUCTION 4.1. History of Development of the FMP . 7 4.2. Problems for Resolution . 10 4.3. Management Objectives . 12 4.4. Management Unit . 12 5. DESCRIPTION OF STOCKS 5.1. Species and their Distribution . 12 5.2. Abundance and Present Condition . 14 53. Ecological Relationships and Stock Characteristics . 15 5.4. MSY . 21 5.5. Probable Future Condition . 22 6. DESCRIPTION OF HABITAT 6.1. Habitat Description . 24 6.2. Habitat Condition . 27 6.3. General Causes of Pollution and Habitat Degradation . 29 6.4. Habitat Protection Programs . 33 6.5. Habitat Conservation and Restoration Recommendations . 33 6.6 Habitat Research Needs . 36 7. DESCRIPTION OF FISHING ACTIVITIES 7 .1. Domestic Commercial and Recreational Fishing Activities . 36 7.2. Foreign Fishing Activities . 43 8. DESCRIPTION OF ECONOMIC CHARACTERISTICS OF THE FISHERY 8.1. Harvesting Sector . 43 8. 2. Domestic Processing Sector . 46 8.3 Consumption . 47 8.4. International Trade . 48 9. FISHERY MANAGEMENT PROGRAM 9.1. Management Measures . 48 9.2. Analysis of Impacts of Adopted Management Measures . 51 9.3. Relation of Recommended Measures to Existing Applicable laws and Policies . 61 9.4. Council Review and Monitoring . 65 10. REFERE NCES . 65 11. TABLES AND FIGURES . 74 5 2.27 91 APPeNDICES AL TERNAHv ES TO THE AMENDrviEtJT App 1-1 Sect1on 1. Heanng D1 aft Preferred Alterndw,e App 1-1 Section 2. Other Hearing Draft Alternatives App 1 17 1. Take No Action at thi� Time .... App 1-17 2. Limit Catch .... _ . ........ __ .... _ . .... ........ ..... ... App 1-17 3. Impose Seasonal or Area Closures ........... ... .. _ . .......... _.............. .. App 1-17 4. 14" Minimum Size Limit . ....... _ ....................................__ ... App 1-18 5. 14" Minimum Size Limit and 5.5" Minimum Mesh Size . _ ..... ........ ......... 6. 13" Minimum Size Limit . .. .. .. .. App 1-32 7. 13" Minimum Size limit and 5.0" Minimum Mesh Size ... _ ... .. ... App 1-33 8. 13" Minimum Size limit and 5.0" Minimum Mesh Size with a Possible Increase to 14" Minimum Size Limit and 5.5" Minimum Mesh Size After Three Years .... ......._ App 1-40 9. 13" Minimum Size limit and 4.5" Minimum Mesh Size App 1-42 10. 13" Minimum Size limit with an increase to 14" aher Two Years with a Possible 5.5" Minimum Mesh Size After Three Years . .... .. ... .. ...... ....... _.. App 1-48 Other Management Options Considered A. Vessels with Federal permits would be required to fish pursuant to Federal rules. App 1-57 B. For the alternatives with a minimum mesh regulation, vessels would be allowed to have only one size mesh on board. .. _ . _ . .. .. .. App 1-57 C. Impose a minimum size limit on all fisheries except the otter trawl fishery while imposing only a minimum mesh regulation on the otter trawl fishery. ........ __ . App 1-57 D. Impose a summer flounder 13" minimum fish length total length north of the water areas 625 through 639 (Figure 15) and a 5.0" minimum mesh size in the water areas 625 through 639. .. .. .. .. App 1-57 E. Impose a summer flounder 13" minimum fish length total length north 39" N. latitude and a 5.0" minimum mesh size south of 39<) N. latitude. .. App 1-57 F. Impose a summer flounder 5.0" minimum mesh size in the Territorial Sea and one mile seaward of the outward boundary of the Territorial Sea. .. App 1-57 2. PROPOSED PENALTY SCHEDULE App 2- 1 3. ENVIRONMENTAL ASSESSMENT EA-1 4. REGULATORY IMPACT REVIEW RIR-1 5. PUBLIC HEARING SUMMARIES AND PUBLIC COMMENTS App 5-1 6. REGULATIONS ........................ R-1 7 GLOSSARY OF TECHNICAL TERMS AND ACRONYMS . App 7-1 2 27 91 6 4.
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