[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Proposed Rules]
[Pages 30065-30072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12059]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130726661-4419-01]
RIN 0648-BD56
Fisheries of the Northeastern United States; Monkfish; Framework
Adjustment 8
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 approve and implement regulations to
implement Framework Adjustment 8 to the Monkfish Fishery Management
Plan. The New England and Mid-Atlantic Fishery Management Councils
developed Framework Adjustment 8 to revise existing monkfish day-at-sea
allocations and landing limits to better achieve optimum yield in each
fishery management area. Framework Adjustment 8 would also revise
biological reference points for the monkfish stocks in the Northern and
Southern Fishery Management Areas based on an updated stock assessment,
allow vessels issued a limited access monkfish Category H permit to
fish throughout the Southern Fishery Management Area, and enable
vessels to use an allocated monkfish-only day-at-sea at any time
throughout the fishing year.
DATES: Public comments must be received by June 11, 2014.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0173, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0173, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope:
``Comments on Monkfish Framework 8.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
New England Fishery Management Council staff prepared an
environmental assessment (EA) for Monkfish Framework Adjustment 8 that
describes the proposed action and other considered alternatives. The EA
provides a thorough analysis of the biological, economic, and social
impacts of the proposed measures and other considered alternatives.
Staff from the Northeast Fisheries Science Center also prepared an
Initial Regulatory Flexibility Analysis (IRFA) for this action. The
IRFA is contained in the EA prepared for this action, but also
summarized in the Classification section of this proposed rule. Copies
of the Framework 8 EA are available on request from Thomas A. Nies,
Executive Director, New England Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. This document is also available from the
following internet addresses: http://www.nero.noaa.gov or http://www.nefmc.org.
FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy
Analyst, (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly managed under the Monkfish Fishery
Management Plan (FMP) by the New England and the Mid-Atlantic Fishery
Management Councils. The fishery extends from Maine to North Carolina
from the coast out to the continental margin. The Councils manage the
fishery as two management units, with the Northern Fishery Management
Area (NFMA) covering the Gulf of Maine and northern part of Georges
Bank, and the Southern Fishery Management Area (SFMA) extending from
the southern flank of Georges Bank through the Mid-Atlantic Bight to
North Carolina. The monkfish fishery is primarily managed by landing
limits and a yearly allocation of monkfish days-at-sea (DAS) calculated
to enable vessels participating in the fishery to catch, but not
exceed, the annual catch limit (ACL) in each management area. Catch
levels are typically set every 3 years, but can be continued or revised
at any time based upon updated stock assessments or other relevant
information, as appropriate, through the framework adjustment process.
Further, based on a yearly evaluation of the monkfish fishery, the
Councils may revise existing management measures, including DAS
allocations and landing limits, to better achieve the goals and
objectives of the FMP and achieve optimum yield (OY), as required by
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
The Councils developed Framework 8 to incorporate the results of
the latest
[[Page 30066]]
monkfish stock assessment, and to revise measures to better achieve OY
and enhance the operational efficiency of existing management measures.
In recent years, the monkfish fishery has failed to fully harvest the
annual catch target (ACT) specified for each year, particularly in the
NFMA. Since Amendment 5 (76 FR 30265; May 25, 2011) defined OY as fully
harvesting the ACT, the monkfish fishery has not been achieving OY in
either area in recent years. Further, during the development of
Framework 8, members of the monkfish fishing industry indicated that
existing regulations reduce their ability to maximize available
monkfish fishing opportunities and land more monkfish, particularly
restrictions on when monkfish-only DAS may be used and where vessels
issued a limited access monkfish Category H permit may fish.
Current catch limits and associated management measures for the
monkfish fishery were implemented under Amendment 5 for the SFMA and
under Framework 7 for the NFMA (76 FR 66192; October 26, 2011) based on
the results of the 50th Stock Assessment Workshop (SAW 50) in 2010.
Since then, an operational assessment was conducted in April 2013 to
update the status of monkfish stocks, and provide projections to assist
with setting future catch levels based on additional survey and catch
data available since SAW 50. The 2013 assessment update revised
existing biological reference points (see Table 3 below), and concluded
that the two stocks of monkfish are neither overfished nor subject to
overfishing based on these revised reference points. However, the
assessment panel report noted that retrospective patterns persisted for
both stocks, with the assessment continuing to consistently
underestimate the fishing mortality rate (F) and overestimate biomass.
The New England Council's Scientific and Statistical Committee
(SSC) met on May 16, 2013, and again on August 20, 2013, to discuss the
2013 monkfish stock assessment update, and develop recommendations for
acceptable biological catch (ABC) in each management area beginning in
fishing year (FY) 2014. Due to uncertainty in the assessment results
noted by the assessment panel, the SSC considered analysis by the
Monkfish Plan Development Team (PDT) that corrected for retrospective
bias noted in the 2013 assessment update and explored the use of
alternative approaches to calculating the fishing mortality rate (F)
that were independent from the assessment model. However, the PDT
indicated that there were analytical difficulties calculating
retrospectively adjusted F, and the SSC concluded that alternative
estimates of F were too reliant on highly uncertain life history
parameters. After extensive discussion, the SSC observed that the
updated assessment provides both positive and negative indications of
stock status. Data suggest that both stocks are above biomass targets,
F is below FMAX (the level of fishing mortality that
produces the greatest yield from the fishery), and survey trends are
stable or increasing. However, the assessment also states that
retrospective patterns continue, recent recruitment has been below
average, and that uncertainties persist with age estimates. The SSC
concluded that these ``conflicting considerations'' suggest that
neither drastic increases nor decreases to existing catch levels are
warranted at this time. Therefore, in conjunction with the analytical
difficulties of incorporating retrospective adjustments and alternative
estimates of F, the SSC ultimately recommended maintaining existing
ABCs in each area (7,592 mt for the NFMA and 12,316 mt for the SFMA).
The Councils considered the results of the 2013 assessment update,
the PDT analysis, and the advice of the SSC when developing measures in
Framework 8. Although the Councils considered alternative estimates of
management uncertainty (a reduction in catch levels based on a
consideration of the effectiveness of management measures at achieving
desired catch levels), the Councils did not elect to change existing
monkfish ABCs, ACLs, ACTs, or total allowable landing (TAL) amounts for
either monkfish stock under this action. The Councils concluded that
existing management uncertainty buffers were sufficient at ensuring
that ACLs are not exceeded, and that overfishing does not occur. As a
result, existing catch levels are not revised by this action, and would
remain in place until changed by a future management action (see Table
1).
Table 1--Monkfish Catch Levels Continued Under Framework Adjustment 8
------------------------------------------------------------------------
Monkfish management area
Catch limit -------------------------
NFMA SFMA (mt)
------------------------------------------------------------------------
ABC........................................... 7,592 12,316
ACL
ACT........................................... 6,567 11,513
TAL........................................... 5,854 8,925
------------------------------------------------------------------------
Because Framework 8 was not adopted by both Councils until late
February, it was not possible to approve and implement any of the
proposed management measures included in Framework 8 and summarized
below until after the start of FY 2014 on May 1, 2014. The measures
effective during FY 2013 were implemented under an emergency action
published on April 30, 2013 (78 FR 25214), and revised on October 25,
2013 (78 FR 63892), but expire on April 30, 2014. Therefore, the
measures in effect at the start of FY 2014 reflect those implemented
under Amendment 5 for the SFMA and under Framework 7 for the NFMA and
last effective during FY 2012 (see Table 2 for a summary of the
measures). Consistent with the regulations at 50 CFR 648.96(a)(3)(iv),
any monkfish DAS used by a vessel on or after the start of FY 2014 will
be counted against any monkfish DAS allocation the vessel ultimately
receives during FY 2014 upon the implementation of measures approved
under Framework 8.
Table 2--Main Monkfish Management Measures In Effect on May 1, 2014 *
------------------------------------------------------------------------
Management measure NFMA SFMA
------------------------------------------------------------------------
Monkfish DAS Allocation..... 40 (only 28 DAS can be used in the SFMA)
-------------------------------------------
Landing Limits while on a 1,250 lb (567 kg) 550 lb (249 kg) for
Monkfish DAS (tail weight/ for Category A/C Category A/C
DAS). permits; 600 lb permits; 450 lb
(272 kg) for (204 kg) for
Category B/D Category B/D
permits. permit.
-------------------------------------------
1,600 lb (726 kg) for Category F permits
[[Page 30067]]
Incidental Landing Limits Up to 25% of the 50 lb (23 kg) for
while on a Northeast total weight of Category C, D, or F
Multispecies (groundfish) fish on board, not permits fishing
DAS (tail weight/DAS). to exceed 300 lb with non-trawl
(136 kg) for gear.
Category C, D, E, 300 lb (136 kg) for
or F permits. Category C, D, or F
permits fishing
with trawl gear.
-------------------------------------------
DAS Use Requirement......... Vessels must use a monkfish DAS in
conjunction with available groundfish
DAS. Once available groundfish DAS are
used, remaining monkfish DAS may be used
as monkfish-only DAS, provided the vessel
fishes under the regulations applicable
to a Category B permit and does not
retain regulated groundfish.
-------------------------------------------
Category H Boundary......... Vessels issued a Category H permit may not
fish north of 38[deg]40' N. latitude.
------------------------------------------------------------------------
* These measures are effective May 1, 2014, and may be revised after the
start of FY 2014, as proposed under Framework 8.
Proposed Measures
1. Revised Biological and Management Reference Points
This action proposes to maintain the methods used to calculate
these biological and management reference points originally adopted
under Amendment 5 in 2011, but update the resultant values to be
consistent with those recommended by the SSC and the best available
scientific information from the 2013 monkfish assessment update (see
Table 3). The reference points currently established in the Monkfish
FMP are used to determine if overfishing is occurring on either stock
(FThreshold), if either stock is overfished
(BThreshold), or if either stock is rebuilt
(BTarget).
Under the methods adopted in Amendment 5, OFL is calculated as the
product of FThreshold and current exploitable biomass. The
values for FThreshold in each area were updated as part of
the 2013 monkfish operational assessment. However, during its review of
the 2013 operational assessment update, the SSC expressed concern with
calculating OFL using the current estimate of biomass. Because complete
data for FY 2012 were not available, the terminal year of data used in
the 2013 operational assessment was from FY 2011. This would mean that
estimates of current biomass used in calculating OFL would be 3 years
old before they would be implemented in 2014 under this proposed
action. Therefore, the SSC recommended using the 2014 exploitable
biomass projected from the terminal year of the assessment rather than
the biomass as of 2011as the ``current exploitable biomass'' used in
the calculation of OFL. This would give a more recent estimate of
exploitable biomass in the calculation of OFL compared to biomass as of
2011 from the 2013 operational assessment.
Table 3--Comparison of Monkfish Biological Reference Points Between SAW 50 (2010) and the 2013 Monkfish
Assessment Update
----------------------------------------------------------------------------------------------------------------
Biological 2013 Assessment update and
Monkfish management area reference point SAW 50 and 2010 SSC review SSC review
----------------------------------------------------------------------------------------------------------------
NFMA........................... FMAX (threshold).. 0.43......................... 0.44
BTarget........... 52,930 mt.................... 46,074 mt
BThreshold........ 26,465 mt.................... 23,037 mt
OFL............... 19,557 mt.................... 17,805 mt
Maximum 10,745 mt.................... 9,383 mt
Sustainable Yield
(MSY).
SFMA........................... FMAX (threshold).. 0.46......................... 0.37
BTarget........... 74,490 mt.................... 71,667 mt
BThreshold........ 37,245 mt.................... 35,834 mt
OFL............... 36,245 mt.................... 23,204 mt
MSY............... 15,279 mt.................... 14,328 mt
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2. Changes to Monkfish DAS Allocations and Landing Limits
This action would revise existing monkfish DAS allocations and
landing limits to help increase monkfish landings and the proportion of
the TAL and ACT caught in each area. The Councils sought to achieve a
balance among competing factors by increasing monkfish fishing
opportunities and associated landings and fishing revenue, without
excessively increasing catch and F to such a degree that may
unintentionally adversely impact monkfish stocks or reduce market price
due to a greater influx of monkfish landings throughout the FY. Under
this action, all limited access monkfish permits would be allocated a
total of 46 monkfish DAS, of which up to 32 may be used in the SFMA.
This represents a 6-DAS increase in a permit's total monkfish DAS
allocation, and a 4-DAS increase in the number of monkfish DAS that may
be used in the SFMA. Each permit's monkfish DAS allocation would then
be reduced by a small amount to set aside 500 monkfish DAS under the
Monkfish Research Set Aside (RSA) program, as required by the existing
regulations at Sec. 648.92(b)(1)(v). Each vessel's contribution to RSA
DAS is calculated by dividing 500 RSA DAS by the total number of
limited access monkfish permits issued in the previous FY. In 2013, 627
limited access monkfish permits were issued. Therefore, each permit's
monkfish RSA contribution would be reduced by 0.8 DAS (500 RSA DAS /
627 permits). Deducting these RSA set aside DAS from each vessel's
monkfish DAS allocation would leave 45.2 monkfish DAS (46 DAS-0.8 DAS)
allocated to each limited access monkfish permit starting in FY 2014.
The proposed changes to monkfish landing limits in each area
reflect the predominant source of monkfish landings in each area. In
the NFMA, a
[[Page 30068]]
majority of monkfish landings occur as incidental landings while
vessels are fishing for groundfish under a groundfish DAS. In the SFMA,
however, the majority of monkfish landings occur when vessels are
targeting monkfish under a monkfish DAS. As a result, monkfish
incidental limits would be increased for limited access monkfish
Category C and D vessels fishing under a groundfish DAS in the NFMA,
while monkfish limits when under a monkfish DAS would be increased in
the SFMA, as summarized in Table 4 below. With the exception of
incidental landing limits for monkfish Category C and D vessels fishing
under a groundfish DAS in the NFMA, all incidental landing limits would
remain the same as those implemented by previous management actions.
Table 4--Proposed Changes to Monkfish DAS Allocations and Landing Limits for Limited Access Monkfish Category A,
B, C, and D Permits
[In tail weight/DAS]
----------------------------------------------------------------------------------------------------------------
Incidental landing Monkfish permit category A/C Monkfish permit category B/D Monkfish DAS
Management area limit landing limit landing limit allocation*
----------------------------------------------------------------------------------------------------------------
NFMA............ 600 lb (272 kg) 1,250 lb (567 kg)........... 600 lb (272 kg)............. 45.2
for Category C
Permits and 500
lb (227 kg) for
Category D
permits when
fishing under a
groundfish DAS
and Status Quo
for other
situations.
SFMA............ Status Quo........ 610 lb (277 kg)............. 500 lb (227 kg)............. 32
----------------------------------------------------------------------------------------------------------------
* The SFMA monkfish DAS allocation represents the maximum number of monkfish DAS that could be used in the SFMA.
Monkfish DAS allocations and landing limits for vessels electing to
participate in the Offshore Fishery Program in the SFMA and issued a
limited access Category F permit are calculated separately. As outlined
in Sec. 648.95(g)(2), the monkfish DAS allocation for each Category F
permit is calculated by dividing the daily landing limit when fishing
under the Offshore Fishery Program (1,600 lb (726 kg) tail weight) by
the SFMA monkfish landing limit applicable to the vessel's monkfish
limited access permit category, and then multiplying that number by the
vessel's monkfish DAS allocation. For example, under the proposed
monkfish DAS allocations and SFMA landing limits, a limited access
Category C permit would be allocated 17.5 monkfish DAS under the
Offshore Fishery Program [(610 lb (277 kg) Category C SFMA landing
limit / 1,600 lb (726 kg) Offshore Fishery Program landing limit) x 46
allocated monkfish DAS]. Similarly, a limited access Category D permit
participating in the Offshore Fishery Program would be allocated 14.4
monkfish DAS to participate in this program [(500 lb (277 kg) Category
D SFMA landing limit / 1,600 lb (726 kg) Offshore Fishery Program
landing limit) x 46 allocated monkfish DAS]. Any carryover monkfish DAS
will be included in the calculation of monkfish DAS for Category F
vessels.
3. Modified Monkfish DAS Usage Requirements
This action would revise the regulations at Sec. 648.92(b)(2) to
allow Category C and D vessels to use monkfish-only DAS at any time
throughout the FY. Existing regulations require that a vessel issued a
limited access monkfish Category C or D permit use available groundfish
DAS when fishing under a monkfish DAS. Such a vessel could only use
available monkfish-only DAS (the difference between a vessel's
allocation of monkfish and groundfish Category A DAS) after all
groundfish DAS had already been used. The proposed changes would help
vessels maximize the economic value of monkfish fishing opportunities
by enabling vessels to use monkfish-only DAS to selectively target
monkfish earlier in the FY with minimal by-catch of groundfish, and
later use both monkfish and groundfish DAS to fish for monkfish when
groundfish are more abundant and could be landed in greater amounts.
4. Expanded Boundary Line for Monkfish Limited Access Permit Category H
Vessels
This action proposes to modify the northern boundary line
applicable to monkfish limited access Category H vessels to be
consistent with the northern boundary of the SFMA. Category H vessels
were originally allowed to fish for monkfish south of 38[deg]20' N lat.
under Amendment 2 (April 28, 2005; 70 FR 21927). This boundary line was
moved northward by 20 miles (32.2 km) under Framework 4 (September 21,
2007; 72 FR 53942) to 38[deg] 40' N lat. to increase opportunities to
fish following the implementation of sea turtle closure areas. To
provide even greater operational flexibility to vessel operators and
enable them to maximize opportunities to fish for monkfish, this action
would enable Category H vessels to fish throughout the SFMA.
5. Corrections and Clarifications to Existing Regulations
This proposed rule would correct a number of inadvertent errors,
omissions, and ambiguities in existing regulations in order to ensure
consistency with, and accurately reflect the intent of, previous
actions under the FMP, or to more effectively administer and enforce
existing and proposed provisions pursuant to the authority provided to
the Secretary of Commerce in section 305(d) of the Magnuson-Stevens
Act. The following proposed measures are listed in the order in which
they appear in the regulations.
In Sec. 648.2, a definition of ``monkfish-only DAS'' would be
inserted to clarify the use of that term in the monkfish effort-control
program provisions specified at Sec. 648.92. The proposed definition
is based upon existing language in Sec. 648.92(b)(2) that was
originally implemented under Amendment 13 to the Northeast (NE)
Multispecies FMP (April 27, 2004; 69 FR 22906). However, that text did
not specify when monkfish-only DAS would be calculated or how such DAS
balances would be maintained throughout the FY. The revised text would
specify that a permit's initial allocation of monkfish-only DAS would
be based upon the difference between a permit's monkfish and NE
multispecies Category A DAS allocation at the beginning of the FY, but
may vary throughout the fishing year based upon the acquisition or
relinquishment of groundfish DAS under the NE Multispecies DAS Leasing
Program.
In Sec. 638.92, paragraph (b)(3) would be revised to state that,
with the exception of monkfish DAS charged when fishing with gillnet
gear pursuant to Sec. 648.92(b)(8)(v), all monkfish DAS
[[Page 30069]]
fished shall be charged to the nearest minute. The existing regulations
at Sec. 638.92(b)(3) reference the Atlantic sea scallop DAS accrual
regulations at Sec. 648.53(f) to describe the accrual of monkfish DAS.
However, that cross reference is no longer valid or appropriate. The
Atlantic sea scallop DAS accrual provisions originally specified at
Sec. 648.53(f) were moved to Sec. 648.53(e) as part of Amendment 11
to the Atlantic Sea Scallop FMP (73 FR 20090; April 14, 2008), and now
include include a reduced DAS charge in scallop open areas to help
defray the cost of observer coverage. Therefore, the proposed revisions
would ensure that the monkfish DAS accrual provisions are implemented
consistent with the original intent of the FMP.
In Sec. 648.93, paragraph (b) would be deleted. This paragraph is
redundant with paragraph (a), as both paragraphs list the minimum size
of monkfish. In addition, paragraphs (a)(1) and (a)(2) would be
designated as paragraphs (a) and (b), respectively, to clarify the
organization of the remaining provisions.
In Sec. 648.94, paragraph (f) would be revised to clarify that a
vessel operator may declare his/her intent to fish in the NFMA via the
vessel monitoring system (VMS) or the interactive voice response (IVR)
call-in system. The current regulations require a vessel operator to
declare his/her intent to fish in the NFMA via VMS. However, since the
use of VMS in the monkfish fishery is voluntary, this action would
clarify that either VMS or IVR could be used.
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 8,
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment. NMFS, in making
a final determination, will take into account the data, views, and
comments received during the comment period.
Pursuant to Executive Order 12866, the Office of Management and
Budget has determined that this proposed rule is not significant.
This proposed rule does not contain policies with Federalism or
takings implications as those terms are defined in E.O. 13132 and E.O.
12630, respectively.
The New England Council prepared an EA for Framework 8 to the
Monkfish FMP that discusses the impact on the environment as a result
of this action. 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). The IRFA describes the
economic impact this proposed rule, if adopted, would have on small
entities, and consists of the draft IRFA in Framework 8, this preamble,
and the following summary. A description of the action, why it is being
considered, and the legal basis for this action are contained in the
preamble to this proposed rule and in the background, purpose, and need
discussion (Section 2.0) of the EA prepared for this action. A copy of
this analysis is available from the New England Council (see
ADDRESSES).
The Councils fully analyzed and considered three principal
alternatives for changes to monkfish DAS and landing limits in the
NFMA, and four alternatives for similar measures in the SFMA (see Table
5). Two alternatives (No Action and the proposed alternative described
above) were each considered for modifying monkfish DAS usage provisions
and the Category H border. The proposed action would eliminate the
existing prohibition on using monkfish-only DAS until all groundfish
DAS have been used, while the No Action Alternative would retain this
prohibition. The proposed action would also revise the current northern
border for Category H vessels to reflect the SFMA boundary, while the
No Action Alternative would retain the northern border at 38[deg]40' N.
lat. For a more complete description of the alternatives considered in
this action, refer to the EA prepared for this action (see ADDRESSES).
Table 5--Monkfish DAS and Landing Limit Alternatives Considered in Framework 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Incidental landing
Management area Alternative limit * (tail weight/ A,C daily landing limit (tail B,D daily landing limit (tail DAS
DAS) weight/DAS) weight/DAS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NFMA................ 1--No Action............... Status quo............ 1,250 lb (567 kg)............... 600 lb (272 kg)................. 40
2.......................... Status quo............ 1,250 lb (567 kg)............... 600 lb (272 kg)................. 64
3 (Proposed)............... 600 lb (272 kg) for C 1,250 lb (567 kg)............... 600 lb (272 kg)................. 46
permit and 500 lb
(227 kg) for D permit
when fishing under a
groundfish DAS
(elimination of 25%
landings threshold),
status quo all others.
SFMA................ 1--No Action............... Status quo............ 550 lb (249 kg)................. 450 lb (204 kg)................. 28
2 (Proposed)............... Status quo............ 610 lb (277 kg)................. 500 lb (227 kg)................. 32
3.......................... Status quo............ 550 lb (249 kg)................. 450 lb (204 kg)................. 51
4.......................... Status quo............ 610 lb (277 kg)................. 500 lb (227 kg)................. 28
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Existing monkfish incidental landing limits are summarized at: http://www.nero.noaa.gov/sustainable/species/monkfish/.
This proposed rule does not duplicate, overlap, or conflict with
other Federal rules.
This proposed action does not contain any new recordkeeping or
reporting requirements, and does not impose any additional costs to
affected vessels.
Description and Estimate of the Number of Small Entities to Which the
Proposed Rule Would Apply
The proposed action would affect any vessel issued a valid Federal
limited access monkfish permit. As of April 1, 2014, 625 limited access
monkfish permits were issued during FY 2013, including 20 Category A
permits, 41 Category B permits, 279 Category C permits, 264 Category D
permits, 14 Category F permits, and 7 Category H permits. Also, there
were 1,594 open access Category E monkfish permits. In recent years,
the number of active permits (i.e., those actually landing monkfish
during the FY) has been lower than the number issued permits.
Therefore, it is likely that a subset of these entities will be
affected by this action. A more complete description of the monkfish
fishery is found in Section 4.0 of the EA prepared for this action (see
ADDRESSES).
The Small Business Administration (SBA) defines a small business in
the finfish fishing sector (NAICS code 114111) as a firm or affiliate
group with gross revenue less than $19.0 million; and the shellfish
fishing sector (NAICS code 114112) as a firm or affiliate group
[[Page 30070]]
with gross revenue less than $5.0 million. NMFS guidelines identify the
affiliate group (or ``entity'') rather than permit as the appropriate
level of analysis for regulatory actions. Affiliate groups were
identified using permit ownership data recently added to the NMFS
permit database, with designations of large and small entities based on
each entity's 3-year average ex-vessel revenue. Data from FY 2012 are
the most complete data available with which to make a determination
regarding the size of entities affected by the proposed action. During
FY 2012, 651 entities landed at least one pound of monkfish. Of these,
534 entities were composed of a single vessel permit, 110 were composed
of 2 to 5 permits, and 7 were composed of 6 or more permits. Further,
401 entities were plurality-finfish, while 250 are plurality-shellfish.
Using the above criteria, of the 651 entities that landed monkfish
during FY 2012, 629 entities were classified as ``small,'' while the
remaining 22 were classified as ``large.''
Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives
The economic value of monkfish landings depends upon several
factors, including the area fished (NFMA vs. SFMA); whether the vessel
is directly targeting monkfish (i.e., fishing under a monkfish DAS), or
landing monkfish incidentally when targeting another species; volumes
landed; and market category landed. Together, these factors may affect
realized economic impacts that may differ from those analyzed in
support of this action and described below.
Estimates of the economic impacts from adjustments to monkfish DAS
allocation/usage limit and landing limits were derived using a model
that incorporated proportional increases in monkfish landings based on
the fishing patterns observed during FY 2012. Resultant projected
landings for each alternative were then multiplied by the expected
market price after incorporating a flexibility assumption of -0.41
percent assumed to apply throughout the fishery. This means that for
every 1-percent increase in monkfish landings, it is expected that
price would decrease by 0.41 percent. Under these assumptions, even if
the proposed measures would not change landings for a vessel compared
to FY 2012, ex-vessel revenues could decrease due to increased monkfish
landings in another area by other vessels. It should be noted that this
price flexibility assumption was based on a very small sample set.
Further, monkfish revenue recorded during periods in which similar
amounts of monkfish expected under this action were landed suggests
that the price flexibility assumption may actually underestimate
benefits associated with proposed measures (i.e., market price may not
fall as much as expected despite increased monkfish landings).
Therefore, the revenue streams listed below may provide a lower bound
for potential economic benefits resulting from this action. A detailed
description of the methods used to estimate economic impacts of the
proposed action is provided in the Framework 8 EA (see ADDRESSES).
Under the combination of proposed measures described above,
Framework 8 analysis estimated overall monkfish revenues would be
approximately $21.7 million during FY 2014. The proposed measures would
result in approximately an 11.3-percent increase in revenue across all
ports, with minor to significant positive economic impacts across all
individual ports and increased revenues for all vessel size classes
ranging from 15 to 18.5 percent. However, it is expected that ex-vessel
price would decrease by approximately 7.8 percent overall due to the
price flexibility associated with increased monkfish landings
throughout the fishery. Of the 629 small entities that would be
directly affected under the proposed action, 309 would likely have a
net decline in revenues, while 319 would likely have an increase in net
revenues under the proposed action. The mean change would be +0.7
percent, suggesting that mean effect of this action would be positive
in terms of vessel revenues. Only one entity would have a decrease in
expected revenues greater than 5 percent, and a total of 11 entities
would have a decrease in expected revenues greater than 1 percent. The
potential economic impacts may change, however, if the price
flexibility assumption proves incorrect, or if vessel operators can
alter fishing behavior in a manner that would offset any potential
losses.
Considered separately, the proposed measures for the NFMA would
likely result in about $10.7 million in vessel revenue from monkfish
alone, while proposed measures for the SFMA would likely result in
about $11.9 million in vessel revenue from monkfish. When compared to
other alternatives considered, the proposed NFMA measures would result
in approximately $0.6 million more in revenue than existing measures
(No Action Alternative), but about $650,000 less revenue than
Alternative 2 measures (increasing monkfish DAS allocations to 64 DAS
while maintaining existing monkfish landing limits). The proposed SFMA
measures would result in about $0.7 million more monkfish revenue than
expected under existing measures (No Action Alternative), $3.2 million
less monkfish revenue than under Alternative 3 (increasing monkfish DAS
allocations to 51 DAS while maintaining existing monkfish landing
limits) and $1.5 million more in monkfish revenue than under
Alternative 4 (existing monkfish DAS usage limit, but higher directed
landing limits).
The other two measures proposed under Framework 8 (allowing
monkfish DAS to be used throughout the year and Category H permits to
fish throughout the SFMA) are expected to generally increase monkfish
fishing opportunities and increase the operational efficiency of
affected entities. By allowing monkfish-only DAS to be used at any time
throughout the FY, vessels can more effectively target monkfish earlier
in the FY when monkfish are more prevalent, and preserve monkfish-
groundfish combination DAS until groundfish are more readily available
later in the FY, particularly in the SFMA. This could increase vessel
returns for monkfish Category C and D vessels by allowing vessels to
land more groundfish later in the FY under both a monkfish and
groundfish DAS. Similarly, Category H vessels would have additional
flexibility to fish for monkfish throughout the SFMA rather than being
confined to fishing below 38[deg]40' N. lat. and during times when
turtle and harbor porpoise measures allow. Under both proposed
measures, it is likely that affected entities will benefit from such
changes, although precise economic benefits would depend upon the
composition and volume of catch associated with any additional monkfish
effort realized from such gains in efficiency and operational
flexibility.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: May 20, 2014.
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
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
[[Page 30071]]
0
2. In Sec. 648.2, add a definition for ``Monkfish-only DAS'' in
alphabetical order to read as follows:
Sec. 648.2 Definitions.
* * * * *
Monkfish-only DAS means monkfish DAS allocated to a limited access
monkfish Category C, D, F, G, or H permit that are in excess of that
permit's initial allocation of Northeast multispecies Category A DAS at
the beginning of a fishing year.
* * * * *
0
3. In Sec. 648.92, revise paragraphs (b)(1)(i), (b)(1)(ii), (b)(2),
(b)(3), and (b)(9)(i) to read as follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(b) * * *
(1) * * *
(i) General provision. Each vessel issued a limited access monkfish
permit shall be allocated 46 monkfish DAS each fishing year which must
be used in accordance with the provisions of this paragraph (b), unless
otherwise specified by paragraph (b)(1)(ii) of this section or modified
by Sec. 648.96(b)(3), or unless the permit 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 to each limited
access monkfish permit shall be reduced by the amount calculated in
paragraph (b)(1)(v) of this section for the research DAS set-aside.
Unless otherwise specified under this subpart F, a vessel issued a
limited access NE multispecies or limited access sea scallop permit
that is also issued 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.
(ii) DAS restrictions for vessels fishing in the SFMA. A vessel
issued a limited access monkfish permit may not use more than 32 of its
46 monkfish DAS allocation in the SFMA during each fishing year. Each
vessel issued a limited access monkfish permit fishing in the SFMA must
declare that it is fishing in this area through the vessel call-in
system or VMS prior to the start of every trip. In addition, 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 shall presume that any monkfish DAS used were fished in
the SFMA.
* * * * *
(2) Category C, D, F, G, or H limited access monkfish permit
holders. (i) General provision. Unless otherwise specified in paragraph
(b)(2)(ii) of this section, each monkfish DAS used by a vessel issued a
limited access monkfish Category C, D, F, G, or H permit and a limited
access NE multispecies or scallop DAS permit shall also be counted as a
NE multispecies or scallop DAS, as applicable. A vessel issued a
limited access monkfish Category C, D, F, or H permit may not use a NE
multispecies Category B Regular DAS under the NE Multispecies Regular B
DAS Program, as specified under Sec. 648.85(b)(6), in order to satisfy
the requirement of this paragraph (b)(2)(i) to use a NE multispecies
DAS concurrently with a monkfish DAS.
(ii) Monkfish-only DAS. When a vessel issued a limited access
monkfish Category C, D, F, G, or H permit and a limited access NE
multispecies DAS permit has an allocation of NE multispecies Category A
DAS, specified under Sec. 648.82(d)(1), that is less than the number
of monkfish DAS allocated for the fishing year May 1 through April 30,
that vessel shall be allocated ``monkfish-only'' DAS equal to the
difference between the number of its allocated monkfish DAS and the
number of its allocated NE multispecies Category A DAS at the start of
a fishing year. For example, if a vessel issued a limited access
monkfish Category D permit is allocated 46 monkfish DAS and 26 NE
multispecies Category A DAS, it would be allocated 20 monkfish-only DAS
at the start of each fishing year. The available balance of monkfish-
only DAS may vary throughout the fishing year based upon monkfish-only
DAS usage and the acquisition or relinquishment of NE multispecies DAS
under the NE Multispecies DAS Leasing Program, as specified in
paragraph (b)(2)(iii) of this section. A vessel issued a limited access
monkfish Category C, D, F, G, or H permit may use monkfish-only DAS
without the concurrent use of a NE multispecies DAS at any time
throughout the fishing year, regardless of the number of NE
multispecies Category A DAS available. When fishing under a monkfish-
only DAS, the vessel must fish under the regulations pertaining to a
limited access monkfish Category A or B permit, as applicable, and may
not retain any regulated NE multispecies. For example, a vessel issued
a limited access monkfish Category C permit must comply with the
monkfish landing limits applicable to a Category A monkfish permit when
fishing under a monkfish-only DAS.
(iii) Category C, D, F, G, or H vessels that lease NE multispecies
DAS. (A) A vessel issued a limited access monkfish Category C, D, F, G,
or H permit that has monkfish-only DAS, as specified in paragraph
(b)(2)(ii) of this section, and that leases NE multispecies DAS from
another vessel pursuant to Sec. 648.82(k), must fish its available
monkfish-only DAS in conjunction with its leased NE multispecies DAS,
to the extent that the vessel has NE multispecies DAS available.
(B) A vessel issued a limited access monkfish Category C, D, F, G,
or H permit that leases NE multispecies DAS to another vessel(s),
pursuant to Sec. 648.82(k), must forfeit a monkfish DAS for each NE
multispecies DAS that the vessel leases, equal in number to the
difference between the number of remaining NE multispecies DAS and the
number of unused monkfish DAS at the time of the lease. For example, if
a lessor vessel that had 31 unused monkfish DAS and 35 allocated NE
multispecies DAS leased 10 of its NE multispecies DAS to another
vessel, the lessor would forfeit 6 of its monkfish DAS (10-(35 NE
multispecies DAS-31 monkfish DAS) = 6).
(3) Accrual of DAS. Unless otherwise provided in Sec.
648.92(b)(8)(v), all monkfish DAS fished shall be charged to the
nearest minute.
* * * * *
(9) * * *
(i) A vessel issued a limited access monkfish Category G or H
permit may fish under a monkfish DAS only in the SFMA, as defined at
Sec. 648.91(b).
* * * * *
Sec. 648.93 [Amended]
0
4. In Sec. 648.93, remove paragraph (b), and redesignate paragraphs
(a)(1) and (a)(2) as paragraphs (a) and (b), respectively.
0
5. In Sec. 648.94, revise paragraphs (b)(1)(ii), (b)(2)(i),
(b)(2)(ii), (b)(3)(i), (c)(1)(i), and (f) 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.
* * * * *
(2) * * *
[[Page 30072]]
(i) Category A, C, and G vessels. A vessel issued a limited access
monkfish Category A, C, or G permit that fishes under a monkfish DAS in
the SFMA may land up to 610 lb (277 kg) tail weight or 1,775 lb (805
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.
(ii) Category B, D, and H vessels. A vessel issued a limited access
monkfish Category B, D, or H permit that fishes under a monkfish DAS in
the SFMA may land up to 500 lb (227 kg) tail weight or 1,455 lb (660
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) of monkfish
heads only, as described in paragraph (a) of this section.
* * * * *
(3) * * *
(i) NFMA. A vessel issued a limited access monkfish Category C or F
permit that fishes under a NE multispecies DAS, and not 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). A vessel issued a
limited access monkfish Category D or F permit that fishes under a NE
multispecies DAS, and not a monkfish DAS, exclusively in the NFMA may
land up to 500 lb (227 kg) tail weight or 1,455 lb (660 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). A vessel issued a limited access monkfish
Category C, D, or F permit participating in the NE Multispecies Regular
B DAS program, as specified under Sec. 648.85(b)(6), is also subject
to the incidental landing limit specified in paragraph (c)(1)(i) of
this section on such trips.
* * * * *
(c) * * *
(1) * * *
(i) NFMA. A vessel issued a valid monkfish incidental catch
(Category E) permit fishing under a NE multispecies DAS exclusively in
the NFMA may land up to 300 lb (136 kg) tail weight or 873 lb (396 kg)
whole weight of monkfish per DAS, or 25 percent (where the weight of
all monkfish is converted to tail weight) of the total weight of fish
on board, whichever is less. For the purpose of converting whole weight
to tail weight, the amount of whole weight possessed or landed is
divided by 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.
* * * * *
(f) Area declaration requirement for a vessel fishing exclusively
in the NFMA. A vessel intending to fish for, or fishing for, possessing
or landing monkfish under a multispecies, scallop, or monkfish DAS
under the less restrictive management measures of the NFMA, must fish
exclusively in the NFMA for the entire trip. In addition, a vessel
fishing under a monkfish DAS must declare its intent to fish in the
NFMA through the vessel's VMS unit or through the vessel call-in
system, as applicable. A vessel that is not required to and does not
possess a VMS unit must also declare its intent to fish in the NFMA by
obtaining a letter of authorization from the Regional Administrator,
for a period of not less than 7 days. A vessel that has not declared
into the NFMA under this paragraph (f) shall be presumed to have fished
in the SFMA, and shall be subject to the more restrictive requirements
of that area. A vessel that has declared into the NFMA may transit the
SFMA, providing that it complies with the transiting and gear storage
provision described in paragraph (e) of this section, and provided that
it does not fish for or catch monkfish, or any other fish, in the SFMA.
* * * * *
0
6. In Sec. 648.95, revise paragraphs (a)(2), (c), (e)(3), (f), (g)
introductory heading, (g)(1), and (g)(3); and add paragraph (g)(4) to
read as follows:
Sec. 648.95 Offshore Fishery Program in the SFMA.
(a) * * *
(2) A vessel issued a limited access monkfish Category C or D
permit that applies for and is issued a Category F permit remains
subject to the provisions specific to Category C and D vessels, unless
otherwise specified under this subpart F.
* * * * *
(c) Offshore Fishery Program Area. The Offshore Fishery Program
Area is bounded on the south by 38[deg]00' N. lat. and on the north,
west, and east by the following coordinates, connected in the order
listed by rhumb lines.
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 41[deg]18.6' 66[deg]24.8'
2.............................. 40[deg]55.5' 66[deg]38.0'
3.............................. 40[deg]45.5' 68[deg]00.0'
4.............................. 40[deg]37.0' 68[deg]00.0'
5.............................. 40[deg]30.0' 69[deg]00.0'
6.............................. 40[deg]22.7' 69[deg]00.0'
7.............................. 40[deg]18.7' 69[deg]40.0'
8.............................. 40[deg]21.0' 71[deg]03.0'
9.............................. 39[deg]41.0' 72[deg]32.0'
10............................. 38[deg]47.0' 73[deg]11.0'
11............................. 38[deg]04.0' 74[deg]06.0'
------------------------------------------------------------------------
* * * * *
(e) * * *
(3) A vessel issued a limited access monkfish Category F permit
fishing on a monkfish DAS is subject to the minimum mesh size
requirements specified in Sec. 648.91(c)(1)(i) and (c)(1)(iii), as
well as the other gear requirements specified in Sec. 648.91(c)(2) and
(c)(3).
* * * * *
(f) Transiting. A vessel issued a limited access monkfish Category
F permit fishing under a monkfish DAS that is transiting to or from the
Offshore Fishery Program Area, described in paragraph (c) of this
section, shall have all gear stowed and not available for immediate use
in accordance with the gear stowage provisions specified in Sec.
648.23(b).
* * * * *
(g) Monkfish landing limits and DAS allocations. (1) A vessel
issued a limited access monkfish Category F permit may land up to 1,600
lb (726 kg) tail weight or 4,656 lb (2,112 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 2.91).
* * * * *
(3) A vessel issued a limited access monkfish Category F permit
that is fishing under a NE multispecies DAS in the NFMA is subject to
the incidental landing limit specified at Sec. 648.94(b)(3).
(4) When not fishing on a monkfish DAS, a vessel issued a limited
access monkfish Category F permit may fish under the regulations
applicable to the monkfish incidental catch (Category E) permit,
specified at Sec. 648.94(c).
* * * * *
[FR Doc. 2014-12059 Filed 5-23-14; 8:45 am]
BILLING CODE 3510-22-P