[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Proposed Rules]
[Pages 47533-47536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19925]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 101119575-1397-01]
RIN 0648-BA46
Fisheries of the Northeastern United States; Monkfish; Framework
Adjustment 7
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 regulations to implement measures in Framework
Adjustment 7 (Framework 7) to the Monkfish Fishery Management Plan
(Monkfish FMP). The New England Fishery Management Council and Mid-
Atlantic Fishery Management Council (Councils) developed Framework 7 to
adjust the annual catch target (ACT) for the Northern Fishery
Management Area (NFMA) to be consistent with the most recent scientific
advice regarding the acceptable biological catch (ABC) for monkfish.
The New England Council's Scientific and Statistical Committee (SSC)
has recommended a revision to the ABC based on information from a 2010
stock assessment (50th Northeast Regional Stock Assessment Review
Committee (SARC 50)). Framework 7 would also specify a new day-at-sea
(DAS) allocation and trip limits for the NFMA commensurate with the new
ACT, and Framework 7 and would also adopt revised biomass reference
points for the NFMA and Southern Fishery Management Area (SFMA), based
on the recommendations of SARC 50 and the SSC.
DATES: Public comments must be received no later than 5 p.m., eastern
standard time, on September 6, 2011.
ADDRESSES: An environmental assessment (EA) was prepared for Framework
7 that describes the proposed action and other considered alternatives,
and provides a thorough analysis of the impacts of the proposed
measures and alternatives. Copies of Framework 7, including the EA and
the Initial Regulatory Flexibility Analysis (IRFA), are available on
request from Paul J. Howard, Executive Director, New England Fishery
Management Council (Council), 50 Water Street, Newburyport, MA 01950.
These documents are also available online at http://www.nefmc.org.
You may submit comments, identified by 0648-BA46, by any one of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
Fax: (978) 281-9135, Attn: Jason Berthiaume.
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope, ``Comments on Monkfish
Framework 7 Proposed Rule.''
Instructions: All comments received are part of the public record
and will generally be posted to http://www.regulations.gov without
change. All personal identifying information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fisheries Management
Specialist, (978) 281-9177; fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly managed by the Councils, with the
New England Council having the administrative lead. The fishery extends
from Maine to North Carolina, and is divided into two management units:
The NFMA and the SFMA. Details on the background and need for Amendment
5 and this framework are contained in the amendment and the preambles
for the proposed (76 FR 11737; March 3, 2011) and final rules (76 FR
30265; May 25, 2011) for Amendment 5, and are not repeated here.
Amendment 5, which was partially approved by NMFS on April 28,
2011, was intended to bring the Monkfish FMP into compliance with the
requirements of the reauthorized Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). The Magnuson-Stevens Act
requires that all fishery management plans contain annual catch limits
(ACL) to prevent overfishing, and measures to ensure accountability.
Among other measures, Amendment 5 implemented accountability measures
(AMs) and ACLs, established biological and management reference points
and control rules, and specified an ACT, DAS and trip limits for the
SFMA.
However, NMFS disapproved Amendment 5's proposed ACT for the NFMA,
and specification of DAS and trip limits to achieve that ACT. Amendment
5 proposed an ACT for the NFMA of 10,750 mt, an allocation of 40 DAS,
and trip limits of 1,250 lb (567 kg) tail wt. per DAS for Category A
and C vessels, and 800 lb (363 kg) tail wt. per DAS for Category B and
D vessels based on the 2007 Data Poor Working Group (DPWG) Assessment,
which were considered to be the best scientific information available
at the time the Amendment 5 document was finalized by the Councils.
Subsequent to the Councils taking final action on Amendment 5, the
results of SARC 50 became available, which revealed new scientific
information that, when included in the Councils' interim ABC approach,
reduced the monkfish NFMA ABC. In response to the new assessment, the
SSC revisited its previous ABC recommendation at a meeting in August
2010. The SSC, after much discussion concerning the uncertainty with
the new assessment
[[Page 47534]]
and alternate methods for calculating ABC to account for this
uncertainty, agreed to maintain the existing interim ABC approach it
previously recommended. Using this interim ABC approach, the SSC
recalculated the recommended ABC in Amendment 5 to incorporate the
results of SARC 50. Based on the recalculation of the ABCs, the SFMA's
ACT and associated DAS and trip limit measures were found to still be
consistent with the new ABC and ACL, and they were approved by NMFS in
Amendment 5. The recalculated ABC for the NFMA, on the other hand, was
reduced from 10,750 mt to 7,592 mt, creating an inconsistency with the
Amendment 5 recommended ABC, ACT, and associated NFMA DAS and trip
limit measures. Based on this inconsistency, NMFS disapproved Amendment
5's proposed specifications for the NFMA.
This disapproval left current measures in effect for the NFMA until
they are superseded by a revised ACT and specification of DAS and trip
limits as proposed in this action. Because it was too late for the
Councils to revise Amendment 5's NFMA measures in a timely fashion for
fishing year (FY) 2011, the Councils initiated Framework 7 in September
2010, to revise the ACT for the NFMA to be consistent with the most
recent scientific advice. Leaving the current measures in place was
considered as an acceptable interim measure because they are more
conservative than measures being proposed by this framework. This
framework reconfirms the SFMA ABC and associated specifications and
management measures that were included in the approval and
implementation of Amendment 5. This framework would also update the
biomass reference points in the monkfish FMP to be consistent with the
results of SARC 50.
Proposed Measures
1. ACT
Framework 7 would adjust the ACT for the NFMA to be consistent with
the most recent scientific advice regarding the monkfish NFMA ABC. The
SSC recommended a revision of the NFMA ABC, based on SARC 50, to 7,592
mt. The proposed ACT for the NFMA in this framework adjustment is
slightly higher than the current total allowable landing (TAL) in place
for the NFMA. Because NFMA landings have been well below the TAL for
the past 2 years (29 percent of the TAL in 2008, and 33 percent of the
TAL in 2009) it is not expected that monkfish landings will exceed this
proposed ACT before Framework 7 is implemented. Any landings that occur
between when Amendment 5 was implemented on May 25, 2011, and the time
the Framework 7 final rule is effective would accrue against the ACT
for the current FY and be used to trigger AMs, if necessary.
Three options (from 73 to 86.5 percent of the ABC) were considered
by the Council for setting the NFMA ACT at a level below the revised
ACL. The Councils' preferred alternative, and the alternative in this
proposed rule, would set the ACT at 86.5 percent of the ABC, or 6,567
mt. Once implemented, this NFMA ACT would be midway between the current
TAL and the ABC.
2. Specification of DAS and Trip Limits
The DAS allocations and trip limit options proposed in this action
are calculated so as to achieve, but not go over the recommended ACT.
The proposed trip limits for the NFMA for permit Categories A and C
would be 1,250 lb (567 kg) and 600 lb (272 kg) for permit Categories B
and D, with all categories having a DAS allocation of 40.
3. Revision to Biological Reference Points
This action would revise the biological reference points in the
Monkfish FMP to be consistent with those recommended by the SSC and
SARC 50. In the SARC 50 report, the Southern Demersal Working Group
recommended an approach that would set biomass target reference points
based on the long-term projected biomass (B) corresponding to the
fishing mortality rate (F) at maximum sustainable yield, or its proxy,
which for monkfish is Fmax. This recommendation, along with
the recommendation to set B threshold reference points at one-half of
the target, would be more consistent with National Standard 1
Guidelines. This would establish a Btarget of 52,930 mt for
the NFMA and 74,490 mt for the SFMA, and Bthreshold of
26,465 mt for the NFMA and 37,245 mt for the SFMA.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the Monkfish FMP, Framework 7,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
Pursuant to Executive Order 12866, the Office of Management and
Budget has determined that this proposed rule is not significant.
The New England Council prepared an EA for Framework 7 to the
Monkfish FMP that discusses the impact on the environment as a result
of this rule. A copy of the EA is available from the Council (see
ADDRESSES).
An IRFA has been prepared for this rule, as required by section 603
of the Regulatory Flexibility Act (RFA), that consists of the draft
IRFA in Framework 7, this preamble, and the following summary. The IRFA
describes the economic impacts 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 section in the preamble and in the SUMMARY section of
the preamble. A summary of the analysis follows. A copy of this
analysis is available from the New England Council (see ADDRESSES).
For purposes of the IRFA, 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
($4.0 million in annual gross sales). Although multiple vessels may be
owned by a single owner, available tracking of ownership is not readily
available to reliably ascertain affiliated entities. Therefore, for
purposes of analysis, each permitted vessel is treated as a single
entity. Information on costs in the fishery is not readily available
and individual vessel profitability cannot be determined directly;
therefore, expected changes in gross revenues were used as a proxy for
profitability.
This proposed rule does not duplicate, overlap, or conflict with
other Federal rules.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
The management measures proposed in Framework 7 have the potential
to affect all Federally permitted monkfish vessels that are actively
participating in the fishery. As of September 2009, there were 758
limited access monkfish permit holders and 2,156 open access permit
holders. Of these, 573 limited access permit holders (76 percent)
actively participated in the monkfish fishery during the 2008 FY, while
only 504 open access permit holders (23 percent) actively participated
in the fishery during this time period. Thus, this action is expected
to impact at least 1,077 currently active monkfish permit holders.
The majority of the measures proposed in this action are specific
to the NFMA, and, thus, would apply to
[[Page 47535]]
vessels that fish primarily in the NFMA. Of the 546 vessels that
participated in the fishery in FY 2009, 232 reported fishing in the
NFMA. Of the 232, 115 reported fishing only in the NFMA and 171 in both
the NFMA and SFMA. Accordingly, this action would mainly impact
approximately 232 vessels that fish in the NFMA.
Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives
1. ACT
The purpose of establishing an ACT as a measure for triggering a
proactive AM is to account for management uncertainty in the ability of
management measures in the Monkfish FMP (mainly DAS and trip limits) to
limit catch to the prescribed level. The ACT is set lower than the ACL
to serve as buffer between the ACL and the ACT to account for
management uncertainty, and is intended to prevent overfishing from
occurring in the event management measures to limit catch are not
entirely successful. Since the ACT incorporates discards, actions that
reduce discards or management uncertainty would allow for the
establishment of an ACT that is closer to the ACL, resulting in higher
monkfish revenues and benefits to vessels, but only if the allocation
is actually landed versus discarded or left uncaught.
The Councils considered three ACT alternatives which would set the
ACT at 73 percent, 80 percent, and 86.5 percent of the monkfish NFMA
ABC, or 5,550 mt, 6,074 mt, and 6,567 mt respectively. The proposed ACT
is 6,567 mt, or 86.5 percent of the monkfish NFMA ABC, the highest of
the three levels considered by the Councils. This level results in the
potential for higher revenues than the other alternatives considered,
while still maintaining a robust buffer between the ACT and ACL to
account for management uncertainty. By setting the ACT at this level,
it is likely, based on historical landings in the NFMA that vessels
will harvest this amount, although in FY 2008 landings were only 71
percent of the proposed ACT.
The no action alternative would not establish the ABC, ACL, or ACT
for the NFMA of the monkfish fishery, and, therefore, would be
inconsistent with the Magnuson-Stevens Act and National Standard 1
Guideline requirements to do so. Although there is likely no direct
economic effect of taking no action, it could have a negative economic
impact if the long-term sustainability of the monkfish fishery were
affected by not establishing these management measures.
Actual quantification of the economic impacts of the proposed ACT
requires specification of management measures, in the form of DAS and
trip limits, to achieve the proposed ACT levels, as described below.
2. Specification of DAS and Trip Limits
A modified trip limit model was utilized to assess the impact of
the DAS and trip limit options, under each ACT option, on monkfish
revenues. The model is different from models used for prior monkfish
actions in that it accounts for potential impacts on monkfish trips
(higher retention and additional trips) resulting from increases in DAS
and trip limits. A detailed description of the model was provided in
Amendment 5 to the Monkfish FMP. Specification options comparable to
those associated with the preferred NFMA ACT option were analyzed in
Amendment 5 using FY 2008 data. This analysis is used to predict
impacts of the revised DAS and trip limits under the proposed ACT
levels in this framework adjustment.
The trip limit model was used to assess the impacts on monkfish
revenues of the proposed DAS and trip limit options included in the
framework on vessels fishing in only the NFMA, only in the SFMA, and in
both management areas. For all alternatives, permit Categories A and C
trip limits remain at 1,250 lb (567 kg), while the permit Categories B
and D trip limits range from 465 lb (211 kg) to 686 lb (311 kg), and
DAS allocations for all limited access permit types range from 31 to 45
DAS. For vessels fishing only in the NFMA, the trip limit model
predicts that, under the proposed DAS and trip limit options for the
NFMA, per trip average vessel return would increase from 0.2 percent to
1.7 percent, whereas average crew payment would increase from 0.5
percent to 1.6 percent, depending on different DAS allocations and trip
limit alternatives. The increase in total monkfish revenue ranges from
0.8 percent to 16.1 percent under the proposed alternatives. Compared
to the status quo, the proposed DAS and trip limits would maintain the
current A and C Category permit holders trip limits at 1,250 lb (567
kg) and would increase B and D Category permit holders trip limits to
600 lb (272 kg), as well as increase DAS to 40 for both permit
Categories. These measures would lead to a 0.5-percent increase in per
trip average vessel return, 0.5-percent increase in crew payment, and
10.0-percent increase in total monkfish revenue. The maximum benefit in
terms of percentage increase in average vessel return and monkfish
revenue is expected to result from option 3B, the Councils' proposed
option 3C, which would increase trip limits for Category B and D permit
holders while maintaining current trip limits for Category A and C
permit holders and also increase the DAS allocation for both permit
categories. Although option 3B could lead to a higher percent increase
in average vessel return, the Councils preferred a higher trip limit
rather than a higher DAS allocation, thus preferred option 3C.
Vessels fishing in both management areas would be simultaneously
affected by DAS and trip limit alternatives proposed for the NFMA.
Although vessels that fish in both the NFMA and the SFMA may be more
likely to change fishing locations than those that fish solely in one
area, the trip limit model assumes that these vessels will continue to
fish in the same locations. The results of the trip limit model
indicate that there is no single DAS and trip limit alternative
combination for the NFMA that leads to a best outcome in terms of
impact on average vessel return, average crew payment, and total
monkfish revenue. The largest increase in monkfish revenue is realized
under option 3B with an incidental limit of 300 lb (136 kg), a 1,250-lb
(567-kg) trip limit for Category A and C vessels, a 470-lb (213-kg)
trip limit for Category B and D vessels, and 45 DAS in the NFMA, in
combination with the SFMA levels of a 50-lb (23-kg) incidental limit;
550-lb (249-kg) trip limit for A, C, and G vessels; 450-lb (204-kg)
trip limit for B, D and H vessels; and 28 DAS in the SFMA. Under the
proposed measures for NFMA, the monkfish revenue for the vessels
fishing in both the NFMA and SFMA would increase by 17.4 percent.
3. Biological Reference Point Alternatives
The proposed action to change the biological reference points in
the Monkfish FMP would have no immediate impact on vessels, since these
changes do not directly change any management measures or modify vessel
level aspects of the Monkfish FMP. However, the establishment of new
reference points that are consistent with NS1 guidance would allow for
better monitoring and management of the monkfish fishery, potentially
resulting in positive effects on vessels in the future. The no action
alternative would maintain the existing biological and management
reference points in the Monkfish FMP. As a result, taking no action
would result in no additional economic impacts beyond those
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identified in earlier actions affecting this fishery.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: August 2, 2011.
Samuel D. Rauch III,
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, revise paragraph (b)(1)(i) to read as follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(b) * * *
(1) * * *
(i) General provision. Limited access monkfish permit holders shall
be allocated 40 monkfish DAS each fishing year to be used in accordance
with the restrictions of this paragraph (b), unless otherwise
restricted by paragraph (b)(1)(ii) of this section or modified by Sec.
648.96(b)(3), or unless the vessel is enrolled in the Offshore Fishery
Program in the SFMA, as specified in paragraph (b)(1)(iv) of this
section. The annual allocation of monkfish DAS shall be reduced by the
amount calculated in paragraph (b)(1)(v) of this section for the
research DAS set-aside. Limited access NE multispecies and limited
access sea scallop permit holders who also possess a limited access
monkfish permit must use a NE multispecies or sea scallop DAS
concurrently with each monkfish DAS utilized, except as provided in
paragraph (b)(2) of this section, unless otherwise specified under this
subpart F.
* * * * *
3. In Sec. 648.94, revise paragraph (b)(1)(ii) to read as follows:
Sec. 648.94 Monkfish possession and landing restrictions.
* * * * *
(b) * * *
(1) * * *
(ii) Category B and D vessels. Limited access monkfish Category B
and D vessels that fish under a monkfish DAS exclusively in the NFMA
may land up to 600 lb (272 kg) tail weight or 1,746 lb (792 kg) whole
weight of monkfish per DAS (or any prorated combination of tail weight
and whole weight based on the conversion factor for tail weight to
whole weight of 2.91). For every 1 lb (0.45 kg) of tail only weight
landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads
only, as described in paragraph (a) of this section.
* * * * *
[FR Doc. 2011-19925 Filed 8-4-11; 8:45 am]
BILLING CODE 3510-22-P