[Federal Register: March 3, 2006 (Volume 71, Number 42)]
[Rules and Regulations]
[Page 10867-10869]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr06-11]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600 and 648
[Docket No. 051130316-6047-02; I.D. 110905C]
RIN 0648-AT21
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2006 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; 2006 Atlantic herring specifications.
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SUMMARY: NMFS announces final specifications for the 2006 fishing year
for the Atlantic herring fishery. The intent of this final rule is to
promote the development and conservation of the herring resource.
DATES: Effective April 3, 2006, through December 31, 2006.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA), and Essential Fish Habitat Assessment are
available from Paul J. Howard, Executive Director, New England Fishery
Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The
specifications document is also accessible via the Internet at http://www.nero.noaa.gov.
The Final Regulatory Flexibility Analysis
(FRFA)consists of the IRFA, public comments and responses contained in
this final rule, and the summary of impacts and alternatives contained
in this final rule. Copies of the small entity compliance guide are
available from Patricia A. Kurkul, Regional Administrator, Northeast
Region, National Marine Fisheries Service, One Blackburn Drive,
Gloucester, MA 01930 2298.
FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy
Analyst, 978-281-9259, e-mail at eric.dolin@noaa.gov, fax at 978-281-
9135.
SUPPLEMENTARY INFORMATION:
Background
Proposed 2006 specifications were published on December 15, 2005
(70 FR 74285), with public comment accepted through January 17, 2006.
These final specifications are unchanged from those that were proposed.
A complete discussion of the development of the specifications appears
in the preamble to the proposed rule and is not repeated here.
2006 Final Initial Specifications
The following specifications are established by this action:
Allowable biological catch (ABC), optimum yield (OY), domestic annual
harvest (DAH), domestic annual processing (DAP), total foreign
processing (JVPt), joint venture processing (JVP), internal waters
processing (IWP), U.S. at-sea processing (USAP), border transfer (BT),
total allowable level of foreign fishing (TALFF), and total allowable
catch (TAC) for each management area and subarea.
Specifications and Area TACs for the 2006 Atlantic Herring Fishery
------------------------------------------------------------------------
Specification Allocation (mt)
------------------------------------------------------------------------
ABC 220,000
OY 150,000
DAH 150,000
DAP 146,000
JVPt 0
JVP 0
IWP 0
USAP 20,000 (Areas 2 and 3
only)
BT 4,000
TALFF 0
Reserve 0
TAC - Area 1A 60,000 (January 1-May
31, landings cannot
exceed 6,000)
TAC - Area 1B 10,000
TAC - Area 2 30,000 (No Reserve)
TAC - Area 3 50,000
------------------------------------------------------------------------
Comments and Responses
There were four comments received. Commenters included Garden State
Seafood Association, Atlantic Pelagic Seafood, one fisherman, and one
other individual.
Comment 1: One commenter supported setting OY at 180,000 mt, and
TALFF at zero, as recommended last year by the New England Fishery
Management Council (Council).
Response: Based on past performance of the fishery, NMFS finds that
the recommendation to set DAH at 150,000 mt is appropriate. TALFF is
that portion of the OY of a fishery that will not be harvested by
vessels of the United States, thus, TALFF is set at zero.
Comment 2: One commenter stated that USAP should be set at zero, as
the Council recommended last year.
Response: Setting USAP at zero would inappropriately favor one
segment of the U.S. processing sector over another, without any
justifiable reasons. Landings from Areas 2 and 3 (where USAP is being
authorized, as in previous years) have been considerably lower than the
allocated TACs for each of the past several years. USAP could provide
an additional outlet for U.S. harvesters, particularly those who
operate vessels that do not have refrigerated seawater systems (RSW) to
maintain catch quality for delivery to onshore processors. Such vessels
could offload product to USAP vessels near the fishing areas,
increasing the benefits to the U.S. industry. Given the significant gap
between the DAH and recent landings in this fishery, the allocation of
20,000 mt for USAP should not restrict either the operation or the
expansion of the shoreside processing facilities.
[[Page 10868]]
Comment 3: One commenter urged NMFS to closely monitor the needs of
the fleet and consider industry requests for inseason adjustments to
USAP and Area 2/3 TACs.
Response: NMFS agrees that it will be important to closely monitor
herring landings in 2006 so that an in-season adjustment, if necessary,
can be implemented. NMFS will utilize all available data sources and
landings projection techniques to identify the need for such an
adjustment.
Classification
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866.
Included in this final rule is the FRFA prepared pursuant to 5
U.S.C. 604(a). The FRFA incorporates the discussion that follows, the
comments and responses to the proposed rule, and the IRFA and other
analyses completed in support of this action. No comments were received
on the IRFA. The FRFA uses the fishing year 2003 for comparison
purposes because the analysis that this action is based on was
completed in 2004. At that point, the Council voted to maintain the
2005 specifications for 2006, unless stock and fishery conditions
changed substantially. As described in the proposed rule for this
action, NMFS concurred with the Council's decision as to maintaining
the specifications. Therefore, the analysis done in 2004, to establish
the potential for two-year specifications, is what is used below. A
copy of the IRFA is available from the Council(see ADDRESSES). A
summary of the analysis follows:
Statement of Objective and Need
A description of the reasons why this action is being considered,
and the objectives of and legal basis for this action, is contained in
the preamble to the proposed rule and is not repeated here.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
During the 2003 fishing year, 154 vessels landed herring, 38 of
which averaged more than 2,000 lb (907 kg) of herring per trip. There
are no large entities, as defined in section 601 of the RFA,
participating in this fishery. Therefore, there are no disproportionate
economic impacts between large and small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action does not contain any new collection-of-information,
reporting, recordkeeping, or other compliance requirements. It does not
duplicate, overlap, or conflict with any other Federal rules.
Minimizing Significant Economic Impacts on Small Entities
Impacts were assessed by the Council and NMFS by comparing the
measures to the Atlantic herring landings made in 2003. The
specifications are not expected to produce a negative economic impact
to vessels prosecuting the fishery because they allow for landings
levels that are significantly higher than the average landings achieved
by the fishery in recent years. The 2006 specifications allow for
incremental growth in the industry, while taking into consideration
biological uncertainty.
The specification of OY and DAH is 150,000 mt for 2006. At this
level, there could be an increase of up to 50,000 mt in herring
landings, or $7,150,000 in revenues, based on an average price of $143/
mt. This could allow individual vessels to increase their profitability
under the 2006 specifications, depending on whether or not new vessels
enter the fishery (the herring fishery will remain an open-access
fishery for the 2006 fishing year). The magnitude of economic impacts
related to the 146,000-mt specification of DAP will depend on the
shoreside processing sector's ability to expand markets and increase
capacity to handle larger amounts of herring during 2006.
The potential loss associated with eliminating the JVPt allocation
(20,000 mt for 2003 and 2004) could approximate $2.9 million (based on
an average price of $143/mt) if all of the 20,000-mt allocation would
have been utilized (10,000 mt for JVP and 10,000 mt for IWP). However,
very little of the 10,000-mt JVP allocation was utilized in 2002 and
2003, and no JVP activity occurred during the 2004 fishing year. The
Council received no indication that demand exists for the JVP
allocation in 2006. As a result, no substantial economic impacts are
expected from reducing the JVP allocation to 0 mt in 2006, as vessels
that sold fish in the past to JVP vessels could sell to U.S.
processors.
The Area 1A and 1B TACs of 60,000 mt and 10,000 mt, respectively,
have been unchanged since the 2000 fishery. In 2002 and 2003, the Area
1A TAC for the directed herring fishery was fully utilized and is
expected to be fully utilized for the 2006 fishery. Therefore, no
change is expected in profitability of vessels as a result of the 2006
Area 1A specification. Since only 4,917 mt of herring were harvested in
Area 1B in 2003, the 2006 specification of 10,000 mt should allow for
increased economic benefits to individual vessels prosecuting the
fishery in this management area. The potential economic gains
associated with allocating 20,000 mt for USAP could approximate $2.9
million (based on an average price of $143/mt) if all of the 20,000-mt
allocation is utilized in 2006.
The Council analyzed four alternatives for OY and the distribution
of TACs. One alternative would have retained the specifications
implemented during the 2003 and 2004 fishing years, which would have
maintained the OY at 180,000 mt. This OY is still roughly 80 percent
greater than the average historical landings for this fishery and
therefore, that level of OY would not pose a constraint on the fishery.
The three other alternatives considered by the Council would set the OY
at 150,000 mt. This is still roughly 50-percent greater than the
average historical landings for this fishery, and, therefore, that
level of OY would not pose a constraint on the fishery. Each of the
alternatives that would set the OY at 150,000 mt would establish
varying levels for the area TACs.
One alternative would have established the following TACs: Area 1A,
60,000 mt; Area 1B, 10,000 mt; Area 2, 20,000 mt; and Area 3, 60,000
mt. The only area TAC that would be lower than 2004 under this option
is the Area 2 TAC. The most recent year in which the landings from this
area were greater than 20,000 mt (the proposed TAC) was 2000 (27,198
mt). The average landings from 2001 2003 were 14,300 mt, with 2003
landings at 16,079 mt. Under current market conditions, the new TAC may
become constraining if the fishery in 2006 is similar to that in 2000.
If this is the case, then the Area 2 TAC fishing season could end
before the end of the year, creating a potential economic constraint on
the fishery, especially if vessels are forced to travel farther
(increased steaming time) to harvest in Area 3.
Another alternative considered would have established the following
TACs: Area 1A, 45,000 mt; Area 1B, 10,000 mt; Area 2, 35,000 mt; and
Area 3, 60,000 mt. With a 15,000-mt decrease in the combined Area 1
TACs, the economic impact of this option could be relatively large on
vessels in the fishery that depend on herring in Area 1A, especially if
those vessels are not able
[[Page 10869]]
to move to other areas to obtain fish. Even if vessels could fish in
other areas, their operating costs would be increased because of
increased steaming time. An Area 2 TAC of 35,000 mt under this
alternative would not be constraining, given recent landings history.
The final alternative considered would have established the
following TACs: Area 1A, 55,000 mt; Area 1B, 5,000 mt; Area 2, 30,000
mt; and Area 3, 60,000 mt. With a 10,000-mt decrease in the combined
Area 1 TACs, the impact of this alternative would be very similar to
the impact of the prior alternative, although not as severe. An Area 2
TAC of 30,000 mt under this alternative would not be constraining,
given recent landings history.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule, or group of related rules, for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a small entity compliance guide will be sent
to all holders of permits issued for the herring fishery. In addition,
copies of this final rule and guide (i.e., permit holder letter) are
available from the Regional Administrator (see ADDRESSES) and may be
found at the following web site: http://www.nero.noaa.gov.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 27, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 06-1996 Filed 3-2-06; 8:45 am]
BILLING CODE 3510-22-S