[Federal Register: March 22, 2006 (Volume 71, Number 55)]
[Proposed Rules]
[Page 14467-14470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr06-38]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060315071-6071-01; I.D. 030906C]
RIN 0648-AT22
Fisheries of the Northeastern United States; Monkfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 14468]]
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 2006 fishing year (FY), adjust
trip limits, and establish days-at-sea (DAS) restrictions for limited
access monkfish vessels fishing in the Southern Fishery Management Area
(SFMA) based upon the annual target TAC setting, trip limit, and DAS
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 intent of this action is to help 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 3, 2006.
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
2006monkTACs@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 2006 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 complete
fishing year (e.g., FY 2004). This rebuilding program, established in
Framework 2, is based on established formulas for calculating TACs,
trip limits, and DAS allocations.
The Monkfish Monitoring Committee reviewed the fall trawl survey
biomass indices and monkfish landings for FY 2004, and calculated the
target TACs for FY 2006 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 (e.g., FY 2006) is set equivalent to
the monkfish landings for the previous fishing year (e.g., FY 2004),
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 2006 target TAC for the Northern Fishery Management Area (NFMA) is
7,737 mt (33.7 percent less than FY 2004 landings), and the proposed FY
2006 target TAC for the SFMA is 3,667 mt (39.7 percent less than FY
2004 landings).
Table 1. Calculation of 2006 Target TACs.
----------------------------------------------------------------------------------------------------------------
2005
FY 2004 2005 3-year Biomass Percent 2006 Target TAC
Management Area Landings Average (kg/ Target (kg/ Below (mt)
(mt) tow) tow) Target
----------------------------------------------------------------------------------------------------------------
NFMA 11,666 1.214 1.83 33.7 % 7,737
SFMA 6,078 0.778 1.29 39.7 % 3,667
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This action does not propose any changes to the management measures
for limited access monkfish vessels fishing in the NFMA because the
annual adjustment procedure specified in the regulations applies only
to the SFMA. At the time Framework 2 was developed and implemented, the
monkfish resource was well above the Bthreshold established for the
NFMA. However, recent restrictions on fishing effort in the Northeast
multispecies fishery, implemented through Amendment 13 to the Northeast
Multispecies FMP, have helped constrain monkfish effort in the NFMA. In
fact, monkfish landings during FY 2004 were only 69 percent of the FY
2004 target TAC for that management area. Furthermore, proposed
additional effort restrictions in the Northeast multispecies fishery to
be implemented during FY 2006 (through the emergency Secretarial action
and joint Northeast Multispecies Framework 42/Monkfish Framework 3) are
expected to further constrain monkfish landings.
Framework 2 established a procedure for the SFMA that requires
either the DAS or the trip limits to be adjusted based on whether the
target TAC is less than or greater than 8,000 mt (the approximate
target TAC level that would result in the 550 and 450 lb (249 and 204
kg, respectively) tail weight trip limits). Since this action proposes
a target TAC for the SFMA that is well below 8,000 mt, this action
would reduce the trip limits for vessels fishing in the SFMA to 550 lb
(249 kg) tail
[[Page 14469]]
weight per DAS for limited access Category A, C, and G vessels, and 450
lb (204 kg) tail weight per DAS for limited access Category B, D, and H
vessels, and also restrict the FY 2006 DAS available for monkfish
limited access vessels fishing in the SFMA to 12 monkfish DAS (plus up
to 10 carryover DAS). The number of DAS available to limited access
monkfish vessels fishing in the SFMA during FY 2006 was calculated
using the analysis procedures established in Framework 2 and outlined
in the regulations at Sec. 648.96(b)(3).
This action would also notify limited access monkfish vessels of
the monkfish DAS proration for vessels participating in the Offshore
Fishery Program in the SFMA. The Offshore Fishery Program, which was
established through Amendment 2 to the FMP (70 FR 21927; April 28,
2005), authorizes limited access monkfish permit holders with Category
A, B, C, or D permits to elect, on an annual basis, to participate in a
designated offshore monkfish fishery in the SFMA by obtaining a
Category F permit for the fishing year. Under this program,
participants are allowed a higher daily possession limit of 1,600 lb
(726 kg) of monkfish tails per DAS in exchange for a reduced monkfish
DAS allocation. DAS allocations for Category F vessels are reduced
proportionally from the DAS allocated to Category A, B, C, and D
permits, according to the ratio of the SFMA trip limit that would
otherwise be in effect for that permit category to the 1,600 lb (726
kg) Category F permit trip limit. For example, in FY 2006, and assuming
no carryover DAS, Category A and C permit holders who elect to switch
to a Category F permit would be authorized to fish 4.1 DAS, and
Category B and D permit holders would be authorized to fish 3.4 DAS.
Any carryover DAS available to the permit holder would be factored into
the proration and would affect the number of DAS authorized.
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 and trip limit and DAS adjustment methods implemented in
Framework 2 to establish target TACs, trip limits, and DAS restrictions
for FY 2006.
The regulations implementing the FMP, found at 50 CFR part 648,
subpart F, authorize adjustment of 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 2006.
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).
Therefore, there is no disproportionate impact on small entities
compared to large entities. Currently, there are approximately 741
limited access monkfish permit holders and approximately 2,263 vessels
holding an open access monkfish permit. 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 2004 (the most recent fishing year for
which complete information is available), there were 491 limited access
permit holders participating in the monkfish fishery. Of these, 151
vessels fished for monkfish exclusively in the SFMA, while 171 vessels
fished for monkfish in both management areas. Thus, the proposed
measures would likely affect at least the 325 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 151 vessels that fished for
monkfish exclusively in the SFMA.
The combined target TAC for both management areas would be
decreased by approximately 50 percent compared to FY 2005.
Individually, the target TAC for the NFMA would be reduced by 41
percent, while the target TAC for the SFMA would be reduced by 62
percent. In addition, monkfish trip limits in the SFMA would be reduced
by approximately 25 percent and DAS would be reduced by nearly 70
percent. 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 16.9 percent less income towards fixed costs, debt, and
owner profit under the proposed trip limits and DAS restrictions for FY
2006 as compared to FY 2005 trip limits and DAS. In addition, net pay
per crew member would decrease by an average of 17.1 percent per trip.
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 is estimated to be
approximately a 2-percent decrease in both net pay to crew and net
return to the vessel, though average decreases for NJ vessels would be
more than 10 percent. The average impact on vessels fishing exclusively
in the SFMA is estimated to be a 34.3-percent decrease in net pay to
the crew, and a 31.8-percent decrease in returns to the vessel owner.
These effects vary greatly between states, with vessels from NC
experiencing smaller decreases relative to vessels from MA and NJ,
where average decreases range from 40 to 50 percent.
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. The FY 2006 target
TACs result from the application of this methodology. As a result,
there are no other reasonable alternatives to the proposed action to
establish target TACs of 7,737 mt for the NFMA and 3,667 mt for the
SFMA, other than no action, that meet the requirements of the Magnuson-
Stevens Act, the FMP, and implementing regulations. Furthermore,
Framework 2 also established an formulaic method for adjusting trip
[[Page 14470]]
limits and DAS for the SFMA that is based on the distribution of
monkfish landings and DAS used by limited access vessels. The proposed
trip limits of 550 lb (249 kg) per DAS for limited access Category A,
C, and G vessels, and 450 lb (204 kg) per DAS for limited access
Category B, D, and H vessels, and the calculated DAS limitation of 12
monkfish DAS that would be applicable to limited access monkfish
vessels fishing in the SFMA are the result if the application of this
formula.
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 16, 2006.
James W. Balsiger,
Acting 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.
2. In Sec. 648.92, paragraph (b)(1)(ii) is added to read as
follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(b) * * *
(1) * * *
(ii) FY 2006 DAS restrictions for vessels fishing in the SFMA. For
the 2006 fishing year, limited access monkfish vessels are restricted
to utilizing only 12 of their 40 monkfish DAS allocation in the SFMA.
If a vessel does not possess a valid letter of authorization from the
Regional Administrator to fish in the NFMA as described in Sec.
648.94(f), NMFS will presume that any monkfish DAS used was fished in
the SFMA.
* * * * *
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, C, and G vessels. Category A, C, and G vessels
fishing under the monkfish DAS program in the SFMA may land up to 550
lb (249 kg) tail weight or 1,826 lb (828 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, D, and H vessels fishing
under the monkfish DAS program in the SFMA may land up to 450 lb (204
kg) tail weight or 1,494 lb (678 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. E6-4158 Filed 3-21-06; 8:45 am]
BILLING CODE 3510-22-S