[Federal Register Volume 69, Number 43 (Thursday, March 4, 2004)]
[Rules and Regulations]
[Pages 10174-10177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4876]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 031229327-4073-02; I.D. 121603B]
RIN 0648-AR58
Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final 2004 specifications for the Atlantic deep-sea red crab
fishery.
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SUMMARY: NMFS issues final specifications for the 2004 Atlantic deep-
sea red crab (red crab) fishery. The target total allowable catch (TAC)
and fleet days at sea (DAS) for fishing year (FY) 2004 are 5.928
million lb (2.69 million kg) and 780 fleet DAS, respectively. One
qualified limited access vessel has opted out of the fishery for
FY2004; therefore, the four remaining limited access vessels are each
allocated 195 DAS. The intent of
[[Page 10175]]
the specifications is to conserve and manage the red crab resource and
provide for a sustainable fishery. In addition, this action corrects a
citation in the regulations implementing the Red Crab Fishery
Management Plan (FMP).
DATES: The final 2004 specifications are effective from April 5, 2004
through February 28, 2005. The amendment to Sec. 648.262 is effective
April 5, 2004.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment, Regulatory Impact Review, and the Initial Regulatory
Flexibility Analysis (EA/RIR/IRFA) for the 2004 Red Crab Fishing Year,
are available from Paul J. Howard, Executive Director, New England
Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA
01950. The EA/RIR/IRFA is also accessible via the Internet at http://www.nero.nmfs.gov/ro/doc/nero.html. The Final Regulatory Flexibility
Analysis (FRFA) consists of the IRFA, public comments and responses,
and the analysis of impacts and alternatives contained in these final
specifications. 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: E. Martin Jaffe, Fishery Policy
Analyst, (978) 281-9272.
SUPPLEMENTARY INFORMATION: This final rule implements the final
specifications for the FY2004 red crab fishery. Regulations
implementing the FMP require the New England Fishery Management Council
(Council) to review annually the red crab specifications. The Council's
Red Crab Plan Development Team (PDT) meets at least annually to review
the status of the stock and the fishery. Based on this review, the PDT
reports to the Council's Red Crab Committee, no later than October 1,
any necessary adjustments to the management measures and
recommendations for the specifications. Specifications include the
specification of optimum yield (OY), the setting of any target TAC,
allocation of DAS, and/or adjustments to trip/possession limits. In
developing the management measures and recommendations for the annual
specifications, the PDT reviews the following data, if available:
Commercial catch data; current estimates of fishing mortality and
catch-per-unit-effort (CPUE); stock status; recent estimates of
recruitment; virtual population analysis results and other estimates of
stock size; sea sampling, port sampling, and survey data or, if sea
sampling data are unavailable, length frequency information from port
sampling and/or surveys; impact of other fisheries on the mortality of
red crabs; and any other relevant information. Recommended
specifications are presented to the Council for adoption and
recommendation to NMFS.
Final 2004 Specifications
Based on the available biological information and the Council's
subsequent recommendation, the maximum sustainable yield (MSY) and OY
for FY2004 remain the same as during FY2003. The FMP defines the target
TAC as equal to OY, and OY is set at 95 percent of MSY, unless adjusted
through the annual specifications process. The MSY for FY2004 is
estimated to be 6.24 million lb (2.83 million kg); therefore, absent
any new information on which to base a change in OY, OY and the target
TAC remain at 5.928 million lb (2.69 million kg).
Five vessels qualified for a limited access permit in the red crab
fishery for the 2002 and 2003 fishing years. The fleet was allocated
780 DAS for FY2003, which translated into 156 DAS for each of the five
limited access vessels.
The Council considered six alternative ways to determine the fleet
DAS allocation most appropriate to achieve the objectives of the FMP.
Each alternative would have resulted in a different fleet DAS
allocation. A complete description of each alternative is found in
section 4.0 of the Council's Red Crab Specifications document and is
not repeated here. The total fleet DAS for FY2004 would have varied
from 745 under Alternative 1, to 874 under Alternative 4. An
explanation of the reasons the Council selected the preferred
alternative is found in the Classification section of the proposed
specifications (69 FR 1561; January 9, 2004) and is not repeated here.
Based on the Council's analysis in its annual Red Crab
Specifications document, NMFS concurs with the Council's recommendation
that the FY2003 specifications continue to meet the objectives of the
FMP and should be maintained for FY2004; therefore, the following
specifications are implemented for FY2004:
Target TAC and DAS
Target TAC: 5.928 million lb (2.69 million kg)
Fleet DAS: 780
Vessel DAS: 195 (since one of the five vessels with a limited access
permit has opted out of the fishery for FY2004, the remaining four
vessels will thus receive 195 DAS each)
In accordance with Sec. 648.260(b)(2), because the effective date
of this rule falls after the start of the fishing year on March 1,
2004, fishing may commence under the levels set in the previous year's
specifications (156 DAS per vessel), until these specifications become
effective. Once these specifications become effective, qualified
limited access red crab vessels will have access to their allocation of
DAS for FY2004 (195 DAS per vessel). However, all DAS used by a vessel
on or after March 1, 2004, will be counted against any DAS allocation
the vessel ultimately receives for the 2004 fishing year.
Comments and Responses
One comment on the proposed specifications was received from the
New England Red Crab Harvesters' Association (NERCHA), submitted on
behalf of its membership, which includes all of the red crab limited
access permit holders. A second comment was received from an interested
party in which some of the issues raised did not specifically address
the proposed specifications.
Comment 1: NERCHA supports the specifications as published in the
Federal Register on January 9, 2004. NERCHA states that it will attempt
to harvest the 2004 target TAC for red crab without exceeding the OY.
Response: NMFS acknowledges NERCHA's comment and is implementing
the specifications as proposed.
Comment 2: One commentor expressed general support for
environmental reforms, marine sanctuaries, and improved enforcement of
fishery regulations. The commentor suggested that the red crab TAC be
reduced to 2.5 million lb (1.13 million kg) and by 10 percent in each
subsequent year thereafter. The commentor also suggested that the fleet
DAS be reduced from 780 to 340 and by 10 percent each subsequent year
thereafter, and further stated that incidental taking should not be
allowed. The commentor questioned the accuracy of the population
estimates, which, she stated, were 2 years old and did not include the
2003 catch data.
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Response: These specifications are designed to provide for the fair
and efficient use of the Federal commercial red crab quota. While NMFS
acknowledges the importance of the general issues raised by the
commentor, this final rule is not the proper mechanism to address those
concerns.
The commentor gave no specific rationale for her suggestion that
the TAC and fleet DAS be reduced from what was proposed. The reasons
presented by the Council and NMFS for implementing these specifications
are discussed in the preambles to both the proposed and final
specifications, and are sufficiently analyzed within the Red Crab
Specifications document. These specifications were developed based on
the best data available at the time, in accordance with the process
established by the Magnuson-Stevens Fishery Conservation and Management
Act. There is no known scientific basis for reducing the target TAC and
fleet DAS allocation to the levels suggested by the commentor.
Changes From the Proposed Rule
In Sec. 648.262, paragraphs (b)(2) and (b)(6) erroneously refer to
Sec. 648.260(c) when they should refer to Sec. 648.260 because there
is no Sec. 648.260(c). Referring to Sec. 648.260(c) was, therefore,
an inadvertent error made in earlier rulemaking and is corrected.
Classification
This action is exempt from review under Executive Order 12866.
Included in this final rule is the Final Regulatory Flexibility
Analysis (FRFA), prepared pursuant to 5 U.S.C. 604(a). The FRFA
incorporates the IRFA, the comments and responses to the proposed
specifications, and the analyses completed to support the action. A
copy of the IRFA is available from the Council (see ADDRESSES). The
preamble to the proposed specifications included a detailed summary of
the analyses contained in the IRFA and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
A description of the legal basis and reasons for the action, and
its objectives, can be found in the preambles of the proposed
specifications (69 FR 1561; January 9, 2004) and these final
specifications, and are not repeated here.
Summary of Significant Issues Raised in Public Comments
Two comments were received on the proposed specifications; neither
referred specifically to the IRFA or to any economic impacts that the
rule may have. No changes to the proposed specifications were required
to be made as a result of public comments. For a summary of the
comments received, refer to ``Comments and Responses.''
Description and Estimate of Number of Small Entities to which Final
Specifications Will Apply
All of the affected businesses (fishing vessels) are considered
small entities under the standards described in NMFS guidelines because
they have gross receipts that do not exceed $3.5 million annually. All
fishing vessels with Federal limited access red crab permits are
considered affected businesses; there are currently five vessels so
identified, although one has declared out of the fishery for FY2004.
Description of Projected Reporting, Recordkeeping, and other Compliance
Requirements
No additional collection-of-information, reporting, or
recordkeeping requirements are included in these final specifications.
These specifications do not duplicate, overlap, or conflict with any
other Federal rules.
Description of the Steps Taken to Minimize Economic Impact on Small
Entities
The economic impacts of this action could have varied based on
which method was selected to calculate annual fleet DAS. If the
individual DAS had been less than what was allocated in FY2003,
resulting in fewer landings, then it is probable that the economic
impacts would be negative for the limited access fleet compared to
FY2003. On the other hand, if an alternative were selected that
allocated a greater number of individual DAS to each vessel than in
FY2003 (as is the case here), thereby increasing landings, economic
impacts would likely be positive compared to FY2003. It is important to
note that one vessel with a limited access permit has opted out of this
fishery for FY2004, resulting in that vessel's DAS being allocated
equally among the remaining limited access vessels. Thus, individual
DAS allocations for active limited access vessels during FY2004 are
higher than the FY2003 allocations. Sections 8.8 and 8.9 of the RIR and
IRFA section of the Council's Red Crab Specifications document describe
the economic impacts that would be expected from each of the
alternatives.
Preferred Alternative
The preferred alternative consists of no changes in the target TAC
available to the fishery or in the total number of fleet DAS from
FY2003, but because one vessel opted out of the FY2004 fishery, the
allocation of DAS per vessel is increased from 156 to 195.
Under Alternatives 1 through 4, the allocation of DAS per vessel
for each of the four limited access vessels in the FY2004 fishery would
have varied from 186 to 218. Alternative 1 would have resulted in an
allocation of 186 DAS to each of the four participating vessels, based
on a fleet allocation of 745 DAS. Alternative 2 would have resulted in
an allocation of 215 DAS to each participating vessel, based on an
allocation of 861 DAS to the fleet. Alternative 3 would have resulted
in an allocation of 210 DAS per participating vessel, based on a fleet
allocation of 840 DAS. Alternative 4 would have resulted in an
allocation of 218 DAS to each of the participating vessels, based on an
allocation of 874 DAS to the fleet. The PDT also evaluated an
additional alternative, referred to as alternative 4a. This alternative
would have provided for an annual fleet allocation of 794 DAS. This
would translate into 198 DAS per vessel for each of the four vessels in
the fishery in FY2004. A complete description of each alternative is
found in section 4.0 of the Council's Red Crab Specifications document
and is not repeated here.
The No Action/Status Quo Alternative was selected because the
current management measures have been in place for only a short time,
and there is no basis to revise the allocation at this time.
Consequently, this DAS allocation, as was determined for the FY2003
specifications, is justified because it is the alternative most likely
to allow vessels to harvest the 2004 TAC without exceeding it, based on
preliminary data available for the same specifications in place for
FY2003.
Summary of Economic Impacts
Uncertainty about the status of the red crab stock, as well as the
limited time-series available in the data, makes it difficult to
accurately predict the economic outcomes of the various alternatives.
The level of landings and revenue expected is considered directly
related to the allocated number of DAS, and Alternative 4 would have
provided the most fleet DAS. The ranking of alternatives (using FY2002
and FY2003 combined data) based solely on fleet DAS, from highest to
lowest, would be Alternative 4, Alternative 2, Alternative 3,
Alternative 4a, the preferred alternative, and finally, Alternative 1.
As expected, the highest number of fleet DAS (Alternative 4) would have
had the
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greatest potential to ensure that vessels harvest at least the
available TAC, but carried with it the highest risk of exceeding the
TAC.
According to section 8.8 of the Red Crab Specifications document,
Alternative 1 would be expected to generate the lowest level of
landings and revenue because it allocates 35 fewer fleet DAS than the
preferred alternative. On the other hand, Alternatives 2, 3, and 4
would allocate more fleet DAS than the preferred alternative; 81, 60,
and 94 more fleet DAS, respectively. The additional allocated DAS would
have enabled each vessel to take extra trips, and the economic benefits
would have been expected to increase compared to FY2003 with more DAS
available. But each of these other alternatives would increase the risk
of exceeding the TAC. The opting out of one red crab vessel for FY2004,
however, means that the remaining four vessels are allocated 195 DAS
each, an increase over the FY2003 allocation of 156 DAS, under the
preferred alternative. This increase in individual DAS significantly
increases the potential landings and economic benefits for these
vessels, compared to FY2003. In balancing the FMP objectives of
providing the fleet with the greatest number of landings without
exceeding the TAC, the preferred alternative is considered to represent
the optimal DAS allocation by maximizing the potential economic
benefits to affected vessels while minimizing the risk to the red crab
resource of exceeding the TAC.
Section 212 of the Small Business Regulatory Enforcement and
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 Atlantic deep-sea red crab limited access
vessel or dealer permits. In addition, copies of these final
specifications and guide (i.e., permit holder letter) are available
from NMFS (see ADDRESSES) and at the following web site: http://www.nero.noaa.gov/.
List of Subjects in 50 CFR Part 648
Fishing, Fisheries, Reporting and recordkeeping requirements.
Dated: February 27, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fissheries Service.
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For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
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1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 648.262 paragraphs (b)(2) and (b)(6) are revised to read as
follows:
Sec. 648.262 Effort control program for red crab limited access
vessels.
* * * * *
(b) * * *
(2) For fishing years 2003 and thereafter. Each limited access
permit holder shall be allocated 156 DAS unless one or more vessels
declares out of the fishery consistent with Sec. 648.4(a)(13)(B)(2) or
the TAC is adjusted consistent with Sec. 648.260.
* * * * *
(6) Adjustments in annual red crab DAS allocations. Adjustments to
the annual red crab DAS allocation, if required to meet fishing
mortality goals, may be implemented pursuant to Sec. 648.260.
* * * * *
[FR Doc. 04-4876 Filed 3-1-04; 3:21 pm]
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