[Federal Register: March 18, 2005 (Volume 70, Number 52)]
[Proposed Rules]
[Page 13156-13158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr05-32]
[[Page 13156]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050304060-5060-01; I.D. 030105A]
RIN 0648-AS72
Fisheries of the Northeastern United States; Monkfish 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 proposes to establish target total allowable catch (TAC)
levels for the monkfish fishery for the 2005 fishing year (FY), and
adjust trip limits for limited access monkfish vessels fishing in the
Southern Fishery Management Area (SFMA) based upon the annual target
TAC setting and trip limit adjustment methods established in Framework
Adjustment 2 (Framework 2) to the Monkfish Fishery Management Plan
(FMP). The proposed action is necessary to comply with the rebuilding
plan established in the FMP and modified in Framework 2. The target
TACs for FY 2005, based upon the target TAC setting method, would be
13,160 mt for the Northern Fishery Management Area (NFMA), and 9,673 mt
for the SFMA. This action would also adjust the trip limits for vessels
fishing in the SFMA, in accordance with the trip limit analysis method
established in Framework 2, to be 700 lb (318 kg) tail weight per day-
at-sea (DAS) for limited access Category A and C vessels, and 600 lb
(272 kg) tail weight per DAS for limited access Category B and D
vessels. The intent of this action is to eliminate overfishing and
rebuild the monkfish resource in accordance with Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act)
requirements.
DATES: Comments must be received by 5 p.m. on April 4, 2005.
ADDRESSES: Written comments on the proposed rule may be submitted by
any of the following methods:
E-mail: E-mail comments may be submitted to
2005monkfish@noaa.gov. Include in the subject line the following
``Comments on the Proposed Rule for the 2005 Monkfish Annual
Adjustment.''
Federal e-Rulemaking Portal: http://www.regulations.gov.
Mail: Comments submitted by mail should be sent to
Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One
Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the
envelope ``Comments on the Proposed Rule for the 2005 Monkfish Annual
Adjustment.''
Facsimile (fax): Comments submitted by fax should be faxed
to (978) 281-9135.
Copies of the Environmental Assessment (EA), including the
Regulatory Impact Review (RIR) and Initial Regulatory Flexibility
Analysis (IRFA), prepared for this action are available upon request
from Paul Howard, Executive Director, New England Fishery Management
Council, 50 Water Street, Newburyport, MA, 01950. The document is also
available online at http://www.nefmc.org.
FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Policy
Analyst, e-mail Allison.Ferreira@noaa.gov, phone (978) 281-9103, fax
(978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly managed by the New England Fishery
Management Council (NEFMC) and the Mid-Atlantic Fishery Management
Council (MAFMC), with the NEFMC having the administrative lead.
Framework 2 to the FMP, which became effective on May 1, 2003 (68 FR
22325; April 28, 2003), implemented a method to set the annual target
TAC. This method is based upon the relationship between the 3-year
running average of NMFS's fall trawl survey biomass index (3-year
average biomass index) and established annual biomass index targets
(annual index target). The annual index targets are based on 10 equal
increments between the 1999 biomass index (the start of the rebuilding
program) and the biomass target (Btarget), which is to be
achieved by 2009 according the rebuilding plan established in the FMP.
According to this target TAC setting method, annual target TACs are set
based on the ratio of the current 3-year average biomass index to the
annual index target applied to the monkfish landings for the previous
fishing year. Since the stock rebuilding program established in
Framework 2 is based on established formulas for calculating TACs, trip
limits, and DAS allocations, the Councils had no discretion to evaluate
alternatives relative to this program for FY 2005.
The Monkfish Monitoring Committee reviewed the fall trawl survey
biomass indices and monkfish landings for FY 2003, and calculated the
target TACs for FY 2005 in accordance with the procedures established
in Framework 2. According to these procedures, if the current 3-year
average biomass index is below the annual index target, then the target
TAC for the upcoming fishing year is set equivalent to the monkfish
landings for the previous fishing year, minus the percentage difference
between the 3-year average biomass index and the annual index target.
Based on the information presented in Table 1, the current 3-year
average biomass indices are less than the current targets for both
management areas. Therefore, the proposed FY 2005 target TAC for the
NFMA is 13,160 mt (6.02 percent less than FY 2003 landings), and the
proposed FY 2005 target TAC for the SFMA is 9,673 mt (18.26 percent
less than FY 2003 landings).
Table 1. Calculation of 2005 target TACs.
----------------------------------------------------------------------------------------------------------------
2004
FY 2003 2004 3-year Biomass % Below 2005 Target
Management Area Landings Average (kg/ Target (kg/ Biomass TAC (mt)
(mt) tow) tow) Target
----------------------------------------------------------------------------------------------------------------
NFMA 14,004 1.56 1.66 6.02 % 13,160
SFMA 11,834 0.94 1.15 18.26 % 9,673
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This action does not propose any changes to the management measures
for limited access monkfish vessels fishing in the NFMA, since such
changes are unnecessary in order to achieve the proposed target TAC for
FY 2005. Currently, limited access monkfish vessels fishing exclusively
in the NFMA are not subject to a monkfish trip limit when fishing under
either a monkfish or a Northeast (NE) multispecies DAS. However, it is
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unlikely that vessels fishing in the NFMA would exceed the proposed
target TAC of 13,160 mt, since this target TAC is less than 900 mt
below the 2003 landings, and the reduction in NE multispecies DAS
allocations under Amendment 13 to the NE Multispecies FMP, implemented
in FY 2004, is expected to further constrain monkfish landings. In
fact, current FY 2004 monkfish landings (preliminary) for May through
September are 3,913 mt for the NFMA, which is 70 percent of the May
through September landings for the NFMA for FY 2003 (5,551 mt). If
current FY 2004 and future FY 2005 landings continue to follow the same
trajectory, expected landings of approximately 10,000 mt would be well
below the FY 2004 and proposed FY 2005 target TACs. However, if changes
to the management measures for the NFMA were required to prevent the
target TAC from being exceeded, a separate regulatory action would be
required, since changes to management measures in the NFMA are
currently not authorized under the annual adjustment procedures
specified under 50 CFR 648.96(b).
For the SFMA, this action proposes to restore the DAS available to
limited access monkfish vessels fishing in the SFMA, but adjust the
trip limits to correspond to the proposed target TAC. Framework 2
established a procedure for the SFMA that requires either the DAS or
the trip limits to be adjusted as follows: (1) For years in which the
target TAC is less than 8,000 mt, the trip limits will be held constant
at 550 lb (250 kg) (for Category A and C vessels) and 450 lb (204 kg)
(for Category B and D vessels), and the available DAS will be reduced
from 40 DAS to provide the necessary reduction in landings; and (2) for
years in which the target TAC is greater than 8,000 mt, the available
DAS will be held constant at 40 DAS, but the trip limits will be
adjusted to a level appropriate to ensure that the target TAC is not
exceeded. Currently, limited access monkfish vessels are allowed to
fish only 28 of their annual allocation of 40 monkfish DAS (plus
carryover DAS) in the SFMA. This DAS usage restriction was implemented
for FY 2004 because the target TAC of 6,772 mt was less than 8,000 mt.
Because the proposed 2005 target TAC for the SFMA is above the 8,000-mt
threshold, limited access monkfish vessels would be authorized to use
all 40 monkfish DAS allocated annually (plus carryover DAS) in either
management area under the proposed action.
To account for the proposed FY 2005 target TAC being 18 percent
less than FY 2003 landings, this action proposes to establish trip
limits of 700 lb (318 kg) tail weight per DAS for limited access
Category A and C vessels, and 600 lb (272 kg) tail weight per DAS for
limited access Category B and D vessels. The proposed trip limits
represent a 27-percent increase for Category A and C vessels, and a 25-
percent increase for Category B and D vessels when compared to current
FY 2004 trip limits (550 lb (250 kg) and 450 lb (204 kg)) tail weight
for Category A and C, and Category B and D vessels, respectively).
These trip limits were calculated using the trip limit analysis
procedures established in Framework 2, and outlined in the regulations
at Sec. 648.96(b)(2).
Classification
NMFS has determined that the proposed rule is consistent with the
FMP and preliminarily determined that the rule is consistent with the
Magnuson-Stevens Act and other applicable laws.
This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
The NEFMC prepared an IRFA as required by section 603 of the
Regulatory Flexibility Act (RFA). The IRFA describes the economic
impact this proposed rule, if adopted, would have on small entities. A
description of the action, why it is being considered, and the legal
basis for this action are contained at the beginning of this preamble
and in the SUMMARY. A summary of the analysis follows:
The FMP requires that the status of the monkfish resource be
reviewed on an annual basis. In addition, the measures contained in
Framework 2 established an annual target TAC setting method that is
based on the most recent 3-year running average of the NMFS fall trawl
survey biomass index as compared to an established annual index target.
Framework 2 also established a method for adjusting trip limits and
DAS, as necessary, for vessels fishing in the SFMA in order to achieve
the target TAC for that area. This action utilizes the target TAC
setting method and the trip limit adjustment implemented in Framework 2
to establish target TACs and trip limits for FY 2005.
The regulations implementing the FMP, found at 50 CFR part 648,
subpart F, authorize the Council to adjust the management measures as
needed in order to achieve the goals of the FMP. Framework 2 adjusted
FMP management measures by establishing a streamlined process for
setting annual target TACs, and for adjusting trip limits and DAS
allocations, as needed, to achieve those target TACs. The objective of
this action is to achieve the goals of the FMP through the application
of the target TAC setting method established in Framework 2 for FY
2005.
All of the entities (fishing vessels) affected by this action are
considered small entities under the Small Business Administration size
standards for small fishing businesses ($3.5 million in gross sales).
There are approximately 737 limited access monkfish permit holders,
including permits held in confirmation of permit history. This action
would affect only limited access monkfish vessels while fishing for
monkfish in the SFMA, since no changes to the management measures for
the NFMA are proposed. Based on activity reports for FY 2003 (the most
recent fishing year for which complete information is available), there
were 534 limited access permit holders participating in the monkfish
fishery. Of these, 158 vessels fished for monkfish exclusively in the
SFMA, while 235 vessels fished for monkfish in both management areas.
Thus, the proposed measures would likely affect at least the 393
vessels that fished for monkfish for at least part of the fishing year
in the SFMA, but would likely have the greatest effect on the 158
vessels that fished for monkfish exclusively in the SFMA.
The combined target TAC for both monkfish management areas would be
decreased by approximately 3 percent compared to fishing year 2004.
While the target TAC for the NFMA would be decreased by approximately
22 percent, the target TAC for the SFMA would be increased by nearly 43
percent. As a result of the increased target TAC for the SFMA, monkfish
trip limits in the SFMA would be increased by approximately 30 percent.
Furthermore, since the target TAC for the SFMA has been set at a level
greater than the 8,000-mt threshold, below which DAS reductions are
triggered, allowable DAS that may be fished in the SFMA would be
increased back to the full 40-day allotment. Thus, the proposed
measures would have differential impacts on participating vessels
depending on the management area in which they fish.
A trip limit model was used to estimate the impact of the proposed
SFMA trip limits on the average per trip return for vessels on monkfish
trips. Based on this analysis, on average, a trip taken in the SFMA
would produce 21.2 percent more income towards fixed costs, debt, and
owner profit under the proposed trip limits for FY 2005 as compared to
FY 2004 trip limits. In addition, net pay per crew member would be
increased by an average of 20.8 percent per trip.
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As previously stated, vessels fishing in the NFMA would not be
affected by the proposed measures for the SFMA. The average impact on
vessels fishing in both management areas was estimated to be
approximately a 2-percent increase in both net pay to crew and net
return to the vessel. However, the average impact on vessels fishing
exclusively in the SFMA was estimated to be a 14-percent increase in
net pay to the crew, and a 12-percent increase in returns to the vessel
owner. These effects vary greatly between states, with vessels from NC
and NY experiencing small increases relative to vessels from MA and NJ.
The annual target TAC setting method established in Framework 2 is
based on a formula that integrates an annual biomass index target with
the 3-year running average of the NMFS fall trawl survey and the
monkfish landings for the previous fishing year. Therefore, the target
TACs resulting from the application of this method are non-
discretionary. As a result, there are no alternatives to the proposed
action to establish target TACs of 14,004 mt for the NFMA and 11,834 mt
for the SFMA, other than no action. Furthermore, Framework 2 also
established an formulaic method for adjusting trip limits for the SFMA
that is based on the distribution of monkfish landings used by limited
access monkfish vessels. Thus, there are no alternatives to the
proposed trip limits of 700 lb (318 kg) per DAS for limited access
Category A and C vessels, and 600 lb (272 kg) per DAS for limited
access Category B and D vessels, other than no action.
This proposed rule does not duplicate, overlap or conflict with
other Federal rules, and does not contain new reporting or
recordkeeping requirements.
A copy of this analysis is available from the NEFMC (see
ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: March 11, 2005.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, 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.
Sec. 648.92 [Amended]
2. In Sec. 648.92, paragraph (b)(1)(ii) is removed and reserved.
3. In Sec. 648.94, paragraphs (b)(2)(i) and (ii) are revised to
read as follows:
Sec. 648.94 Monkfish possession and landing restrictions.
* * * * *
(b) * * *
(2) * * *
(i) Category A and C vessels. Category A and C vessels fishing
under the monkfish DAS program in the SFMA may land up to 700 lb (318
kg) tail weight or 2,324 lb (1,054 kg) whole weight of monkfish per
monkfish DAS (or any prorated combination of tail-weight and whole
weight based on the conversion factor for tail weight to whole weight
of 3.32), unless modified pursuant to Sec. 648.96(b)(2)(ii).
(ii) Category B and D vessels. Category B and D vessels fishing
under the monkfish DAS program in the SFMA may land up to 600 lb (272
kg) tail weight or 1,992 lb (904 kg) whole weight of monkfish per
monkfish DAS (or any prorated combination of tail-weight and whole
weight based on the conversion factor for tail weight to whole weight
of 3.32), unless modified pursuant to Sec. 648.96(b)(2)(ii).
* * * * *
[FR Doc. 05-5348 Filed 3-17-05; 8:45 am]
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