SUMMER FLOUNDER, SCUP, AND BLACK SEA BASS FISHERY MANAGEMENT PLAN EXECUTIVE SUMMARY - AMENDMENT 12 Amendment 12 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management (FMP), prepared by the Mid-Atlantic Fishery Management Council, is intended to manage the summer flounder, scup, and black sea bass fisheries pursuant to the Magnuson-Stevens Fishery Conservation Act (MSFCMA) of 1976, as amended by the Sustainable Fisheries Act (SFA). The purpose of this amendment is to bring the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan into compliance with the new and revised National Standards and other required provisions of the Sustainable Fisheries Act. Specifically, this amendment revises the overfishing definitions for summer flounder, scup, and black sea bass and addresses the new and revised National Standards relative to the existing management measures. In addition this amendment would add a framework adjustment procedure that would allow the Council to add or modify management measures through a streamlined public review process. The management unit is summer flounder (Paralichthys dentatus) in US waters in the western Atlantic Ocean from the southern border of North Carolina northward to the US-Canadian border, and scup (Stenotomous chrysops) and black sea bass (Centropristis striata) in US waters in the western Atlantic ocean from Cape Hatteras, North Carolina northward to the US-Canadian border. The objectives of the FMP are: 1. Reduce fishing mortality in the summer flounder, scup, and black sea bass fisheries to assure that overfishing does not occur. 2. Reduce fishing mortality on immature summer flounder, scup, and black sea bass to increase spawning stock biomass. 3. Improve the yield from these fisheries. 4. Promote compatible management regulations between state and federal jurisdictions. 5. Promote uniform and effective enforcement of regulations. 6. Minimize regulations to achieve the management objectives stated above. National Standard 1: Overfishing Definitions In order to address revised National Standard 1 (which established new standards for overfishing definitions), the Council proposes the following revised definitions of overfishing: Summer Flounder Overfishing for summer flounder is defined to occur when the fishing mortality rate exceeds the threshold fishing mortality rate of FMSY. Because FMSY cannot be reliably estimated, Fmax is used as a proxy for FMSY. Fmax is 0.24 under current stock conditions. The target fishing mortality rate is also equal to 0.24. The summer flounder stock is overfished when the biomass falls below the minimum biomass threshold of ½ BMSY. The biomass target is specified to equal BMSY. Because BMSY cannot be reliably estimated, the maximum biomass based on yield per recruit analysis and average recruitment is used a proxy. As such, the threshold and target biomass would be 169 million lbs (76,650 mt) and 338 million lbs (153,300 mt), respectively. Scup Overfishing for scup is defined to occur when the fishing mortality rate exceeds the threshold fishing mortality rate of FMSY. Because FMSY cannot be reliably estimated, Fmax is used as a proxy for FMSY. Fmax is 0.26 under current stock conditions. The maximum value of the spring survey index based on a three year moving average (2.77 kg/tow), would serve as a biomass threshold. BMSY cannot be reliably estimated for scup. Black Sea Bass Overfishing for black sea bass is defined to occur when the fishing mortality rate exceeds the threshold fishing mortality rate of FMSY. Because FMSY cannot be reliably estimated, Fmax is used as a proxy for FMSY. Fmax is 0.32 under current stock conditions. The maximum value of the spring survey index based on a three year moving average (0.9 kg/tow), would serve as a biomass threshold. BMSY cannot be reliably estimated for black sea bass. Essential Fish Habitat Definition The SFA significantly altered the requirement of FMPs to address habitat issues. The SFA contains provisions for the identification and protection of habitat essential to the production of federally managed species. The act requires FMPs to include identification and description of essential fish habitat (EFH), description of non-fishing and fishing threats, and suggest conservation and enhancement measures. These new habitat requirements are addressed in this amendment in section 2.2. Management Measures The specific management measure adopted by the Council for this Amendment is: Framework Adjustment Process In addition to the annual review and modifications to management measures detailed in section 3.1.1.6, the Council could add or modify management measures through a framework adjustment procedure. This adjustment procedure allows the Council to add or modify management measures through a streamlined public review process. As such, management measures that have been identified in the plan could be implemented or adjusted at any time during the year. The following management measures could be implemented or modified through framework adjustment procedures: 1. Minimum fish size. 2. Maximum fish size. 3. Gear restrictions. 4. Gear requirements or prohibitions. 5. Permitting restrictions. 6. Recreational possession limit. 7. Recreational seasons. 8. Closed areas. 9. Commercial seasons. 10 Commercial trip limits. 11. Commercial quota system including commercial quota allocation procedure and possible quota set asides to mitigate bycatch. 12. Recreational harvest limit. 13. Annual specification quota setting process. 14. FMP Monitoring Committee composition and process. 15. Description and identification of essential fish habitat (EFH) and fishing gear management measures that impact EFH. 16. Description and identification of habitat areas of particular concern. 17. Overfishing definition and related thresholds and targets. 18. Regional gear restrictions. 19. Regional season restrictions (including option to split seasons). 20. Restrictions on vessel size (LOA and GRT) or shaft horsepower. 21. Operator permits. 22. Any other commercial or recreational management measures. 23. Any other management measures currently included in the FMP. 24. Set aside quotas for scientific research.