[Federal Register Volume 69, Number 36 (Tuesday, February 24, 2004)]
[Proposed Rules]
[Pages 8364-8367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3852]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.; I.D. 020604B]
RIN 0648-AR89


Fisheries of the Northeastern United States; Monkfish Fishery

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 establish target total allowable catch (TAC) 
levels for the monkfish fishery for the 2004 fishing year (FY), and 
adjust trip limits and days-at-sea (DAS) for limited access monkfish 
vessels fishing in the Southern Fishery Management Area (SFMA) based 
upon the target TAC setting, and trip limit and DAS adjustment methods 
established in Framework Adjustment 2 (Framework 2) to the Monkfish 
Fishery Management Plan (FMP). The target TACs for FY 2004, based upon 
the target TAC setting method, would be 16,968 mt for the Northern 
Fishery Management Area (NFMA), and 6,772 mt for the SFMA. In 
accordance with the trip limit and DAS adjustment methods established 
in Framework 2, this action would adjust the trip limits for vessels 
fishing in the SFMA to be 550 lb (250 kg) tail weight per DAS for 
limited access Category A and C vessels, and 450 lb (204 kg) tail 
weight per DAS for limited access Category B and D vessels, and would 
also restrict the FY 2004 DAS available for monkfish limited access 
vessels fishing in the SFMA to 28 DAS.

DATES: Comments must be received on or before March 10, 2004.

ADDRESSES: Comments on the proposed rule should be sent to Patricia A. 
Kurkul, Regional Administrator (RA), Northeast Region, NMFS, One 
Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the 
envelope ``Comments on 2004 Monkfish TACs.'' Comments may also be 
submitted via facsimile (fax) to 978-281-9135. Comments may also be 
submitted via e-mail to the following address: [email protected].
    Copies of the Regulatory Impact Review (RIR) and Initial Regulatory 
Flexibility Analysis (IRFA) prepared for this action are available upon 
request from the RA at the above address. Copies of the Environmental 
Assessment (EA) prepared for Framework Adjustment 2 to the FMP are 
available upon request from Paul Howard, Executive Director, New 
England Fishery Management Council (NEFMC), 50 Water Street, 
Newburyport, MA 01950.

FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Policy 
Analyst, (978) 281-9103, fax (978) 281-9135, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The monkfish fishery is jointly managed by the NEFMC and the Mid-
Atlantic Fishery Management Council (MAFMC), with the NEFMC having the 
administrative lead. Framework Adjustment 2, which became effective on 
May 1, 2003 (68 FR 22325; April 28, 2003), implemented a target TAC 
setting method that is based upon the relationship between the 3-year 
running average of the NMFS fall trawl survey biomass index (3-year 
average biomass index) and established annual biomass index targets 
(annual index target). The annual index targets are based on 10 equal 
increments between the 1999 biomass index (the start of the rebuilding 
program) and the biomass target (Btarget), which is to be 
achieved by 2009 according to the rebuilding plan established in the 
FMP. According to this target TAC setting method, annual target TACs 
are set based on the ratio of the observed biomass index to the annual 
index target applied to the monkfish landings for the previous fishing 
year.
    In accordance with the annual target TAC setting procedures 
established in Framework 2, and implemented in the regulations at 50 
CFR 648.96(b)(1), the Monkfish Monitoring Committee (MFMC) reviewed the 
NMFS fall trawl survey biomass indices and monkfish landings for FY 
2002, and calculated the target TACs for FY 2004. Based on this 
information, the 2004 target TACs would be set at 16,698 mt for the 
NFMA, and 6,772 mt for the SFMA. For the NFMA, the 3-year average 
biomass index of 2.03 kg/tow is 36 percent above the annual index 
target of 1.49 kg/tow for 2003. The target TAC setting procedures 
established in Framework 2 state that, if the 3-year average biomass 
index is above the index target, the target TAC shall be set equivalent 
to the previous year's landings plus one-half the percentage difference 
between the 3-year average biomass index and the annual index target, 
but no more than 20 percent above the previous year's landings, if 
fishing mortality cannot be determined. Consequently, the target TAC of 
16,968 mt that is being recommended for the NFMA is 18 percent above 
the monkfish landings for FY 2002, which is one-half of the 36-percent 
difference between the 3-year biomass index and the annual index target 
for 2003. This target TAC represents a 4-percent decrease from the 
target TAC for FY 2003. Although the proposed 2004 target TAC for the 
NFMA is a decrease from the target TAC for FY 2003, it is a substantial 
increase from the target TAC for FY 2002, which was 11,674 mt. 
Furthermore, regulations currently in place for the Northeast (NE)

[[Page 8365]]

multispecies fishery have reduced NE multispecies DAS allocations, 
which directly impacts the ability of limited access monkfish vessels 
to fish in the NFMA. In fact, monkfish landings for May through August 
2003 were 21 percent of the target 2003 TAC for the NFMA. Additional 
reductions in NE multispecies DAS allocations are expected beginning 
May 1, 2004, under Amendment 13 to the NE Multispecies FMP. Under 
existing management measures (40 DAS and no trip limit), it is unlikely 
that vessels in the NFMA would exceed the proposed 2004 target TAC for 
this area. Therefore, this action does not propose any adjustments in 
DAS or implementation of a trip limit for the NFMA since such changes 
are unnecessary in order to achieve the proposed target TAC for FY 
2004.
    For the SFMA, the 3-year average biomass index of 0.93 kg/tow is 
8.9 percent below the annual index target of 1.02 kg/tow. The 
regulations at Sec.  648(b)(1)(i)(A) require that, in this 
circumstance, the 2004 TAC for the SFMA be set proportionally below the 
previous year's (FY 2002) landings. This results in a target TAC of 
6,772 mt for the SFMA. Unlike the NFMA, the proposed decrease in target 
TAC for the SFMA would require both a reduction in the trip limits and 
a reduction in the monkfish DAS available for limited access vessels 
fishing in the SFMA. Framework 2 included a provision that states, if 
the target TAC for the SFMA is below a target TAC that would result in 
trip limits below 550 lb (250 kg) tail weight per DAS for Category A 
and C vessels, and 450 lb (204 kg) tail weight per DAS for Category B 
and D vessels (approximately 8,000 mt), then the trip limits would be 
fixed at those levels and the DAS available for vessels fishing in the 
SFMA would be reduced based upon an established method, defined in the 
regulations at Sec.  648.96(b)(2)(iii). This provision was included to 
address the concern that, if the target TAC dropped below the 8,000-mt 
level, which is approximately the same target TAC established for FY 
2002, the resulting trip limits would be comparable to the incidental 
catch limits on some vessels, essentially eliminating the directed 
monkfish fishery. Thus, an annual target TAC of less than 8,000 mt 
would result in trip limits that are not economically feasible for 
vessels participating in the directed monkfish fishery.
    A DAS analysis conducted in accordance with the monkfish 
regulations atSec.  648.96(b)(2)(iii) concluded that, under a target 
TAC of 6,772 mt for the SFMA, limited access Category A and C vessels 
should be authorized to fish a maximum of 27 DAS in the SFMA, and 
limited access Category B and D vessels should be authorized to fish a 
maximum of 29 DAS in the SFMA. Because the calculated maximum DAS are 
similar for each limited access category group, NMFS is recommending 
that all limited access vessels fishing in the SFMA be authorized to 
fish a maximum of 28 DAS for the 2004 fishing year, the average maximum 
DAS for the two limited access groups. Thus, under this proposed rule, 
all limited access vessels would have a total allocation of 40 monkfish 
DAS, of which only 28 DAS could be fished in the SFMA.
    NMFS intends to monitor DAS usage by management area based on 
whether a vessel holds a valid Letter of Authorization (LOA) to fish 
for monkfish exclusively in the NFMA. Under the monkfish regulations at 
Sec.  648.93(f), vessels fishing on a monkfish, NE multispecies, or 
scallop DAS under the less restrictive measures of the NFMA, must 
declare into the NFMA by obtaining a LOA from the Regional 
Administrator. A vessel that does not possess this LOA is presumed to 
have fished in the SFMA.
    The EA for Framework 2 contained a complete analysis of the target 
TAC setting method being utilized in this action to established target 
TACs, trip limits and DAS for FY 2004. In addition, the EA contained an 
analysis of the impacts of a range of potential target TACs for FY 
2004. This action updates the previous Finding of No Significant Impact 
(FONSI) statement contained in the EA for Framework 2, and signed on 
April 21, 2003, with a new FONSI that references updated information on 
the monkfish fishery, including the target TACs, trip limits and DAS 
being proposed for FY 2004. The updated FONSI states that this action 
does not change the circumstances under which the previous EA was 
prepared, and that all of the information and analysis contained in the 
EA for Framework 2 are applicable to this action. Furthermore, the 
updated FONSI states that this action does not change the 
determinations made in the EA for Framework 2.

Classification

    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS has prepared an IRFA that describes the economic impact this 
proposed rule, if adopted, would have on small entities. The IRFA 
prepared for this action follows NMFS's ``Guidelines for Economic 
Analysis of Fishery Management Actions'' (NMFS's guidelines). 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. A summary of the analysis follows:
    The annual target TAC setting method established in Framework 2 is 
based on a formula that integrates an annual biomass index target with 
the 3-year running average of the NOAA Fisheries fall trawl survey and 
the monkfish landings for the previous fishing year. Therefore, the 
target TACs resulting from the application of this method are non-
negotiable. As a result, there are no alternatives to the proposed 
action to establish target TACs of 16,968 mt for the NFMA and 6,772 for 
the SFMA. Furthermore, Framework 2 also established an formulaic method 
for adjusting trip limits and DAS for the SFMA that is based on the 
distribution of monkfish landings and DAS used by limited access 
vessels. Thus, there are no alternatives to the proposed trip limits of 
550 lb per DAS for limited access Category A and C vessels, and 450 lb 
per DAS for limited access Category B and D vessels, and the calculated 
DAS limitation of 28 DAS available to limited access vessels for 
fishing the SFMA.
    The only other option for establishing 2004 target TACs would be to 
forgo using the target TAC setting method established in Framework 2, 
and establish target TACs based on current fishing mortality (F) in 
relation to the fishing mortality threshold (Fthreshold). This option 
is not reasonable since current estimates of F are too imprecise to set 
target TACs and make a status determination regarding overfishing. For 
these reasons, this option (the status quo alternative) was rejected by 
the Councils in the development of Framework 2.
    The combined TAC for both monkfish management areas would be 
reduced by approximately 15 percent compared to fishing year 2003. 
However, the TAC for the SFMA would be reduced by nearly 34 percent. 
Monkfish trip limits in the SFMA would also be reduced by more than 
half, and allowable DAS that may be fished in the SFMA would be reduced 
by 28 percent. Thus, the proposed action would affect only limited 
access monkfish vessels that fish in the SMFA. There are approximately 
740 limited access monkfish permit holders, including vessels in a 
confirmation of permit history. Based on activity reports for the FY 
2002 (the most recent fishing year for which information is available), 
there were a total of 532 limited access permit holders that 
participated in the monkfish fishery. Of these, 148 vessels

[[Page 8366]]

fished for monkfish exclusively in the SFMA, and 242 vessels fished for 
monkfish in both management areas. Therefore, the proposed measures 
could effect at least 390 limited access monkfish vessels, but would 
likely have the greatest affect on the 148 vessels that fished for 
monkfish exclusively in the SFMA.
    In Framework 2, the potential economic impacts of a range of 
potential FY2004 trip limits were evaluated, where all potential 
impacts were evaluated relative to a FY2002 baseline. Relative to this 
baseline, the FY2004 TAC for the SFMA would represent a 22-percent 
reduction in median vessel gross revenues when, in fact, the SFMA TAC 
would decline by 34 percent. However, the Framework 2 analysis did not 
include the potential additional impacts of a DAS reduction at TAC 
levels below 8,000 mt. As a result, further analysis was conducted to 
evaluate the short-term impacts of the TAC reduction from FY2003 to 
FY2004, while incorporating the proposed trip limits and DAS limits in 
the SFMA.
    The analysis indicates that, based on a trip limit model, the per 
trip average return on monkfish trips would be reduced by 25 percent. 
This means that, on average, a monkfish trip taken in the SFMA would 
produce 25 percent less income toward fixed costs, debt, and owner 
profit under the proposed FY2004 trip limits. Similarly, net pay per 
crew member would be reduced by an average of 22 percent. In terms of 
impacts by state, vessels from Delaware and New Hampshire would be most 
impacted, experiencing reductions in average vessel returns of 33 
percent and 29 percent, respectively. Vessels from Massachusetts and 
Rhode Island would experience similar reductions in average vessel 
returns, approximately 28 percent. New York vessels would be least 
impacted, experiencing losses in average vessel returns of 
approximately 13 percent.
    Since no changes to either trip limits or DAS would be implemented 
for the NFMA, vessels that fished exclusively in the NFMA would not be 
affected by the proposed measures. Vessels that fished in both 
management areas were assumed to be affected by the SFMA trip limits 
while they fished in the SFMA, but would not lose any opportunities to 
fish monkfish, since they would be likely to switch to the NFMA once 
the limit on DAS in the SFMA was reached. However, while vessels that 
fished exclusively in the SFMA would still be able to switch to the 
NFMA, by virtue of a strong fidelity to the SFMA, it was assumed that 
they would not be likely to do so. This assumption means that vessels 
with a strong fidelity to the SFMA would be affected by both the trip 
limit change and could be constrained by the DAS.
    To account for the reduction of DAS that may be used in the SFMA 
the average reduction in DAS used by vessels that fished exclusively in 
the SFMA was estimated. Based on call-in records, approximately 60 
percent of vessels that landed monkfish exclusively from the SFMA took 
no monkfish-only trips. Of the remaining 40 percent of vessels that did 
take at least one monkfish-only trip the average difference between the 
observed call-in DAS and the proposed allowable DAS in the SFMA was 5.5 
DAS. This means that the average vessel fishing for monkfish in the 
SFMA would lose 5.5 days of fishing over and above the losses 
associated with the reduced trip limits. To account for these DAS 
losses, the average return on monkfish DAS was multiplied by 5.5 and 
deducted from the total net return for the year. That is, total net 
return to each vessel, as well as net crew payments, were summed for 
all trips (adjusted for trip limits). For vessels fishing for monkfish 
exclusively in the SFMA, total net return was further reduced by the 
lost value associated with the reduced DAS allowance.
    The average impact on vessels that fish in both areas was estimated 
to be less than a 1-percent reduction in net pay to crew or net return 
to the vessel. This low level of impact suggests that vessels that can 
fish in both management areas predominantly fished in the NFMA, at 
least during FY 2002. The average impact on vessels that fish 
exclusively in the SFMA was about an 18-percent reduction in returns to 
the vessel owner, and a 22-percent reduction in net pay to crew. 
Average impacts by state exhibit substantial variability from no impact 
on vessels from North Carolina, to a reduction in average vessel net 
return of 27 percent for vessels in Massachusetts and New Jersey.
    This proposed rule does not duplicate, overlap or conflict with 
other Federal rules, and does not contain new reporting or 
recordkeeping requirements.
    A copy of this analysis is available from NMFS (see ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: February 17, 2004.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

    1. The authority citation for part 648 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  648.92, paragraph (b)(1) is revised to read as follows:


Sec.  648.92  Effort-control program for monkfish limited access 
vessels.

* * * * *
    (b) * * *
    (1) Limited access monkfish permit holders.--(i) General 
provisions. All 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 modified by 
paragraph (b)(1)(ii) of this section according to the provisions 
specified at Sec.  648.96(b)(3). Limited access multispecies and 
limited access scallop permit holders who also possess a valid limited 
access monkfish permit must use a multispecies or scallop DAS 
concurrently with their monkfish DAS, except as provided in paragraph 
(b)(2) of this section.
    (ii) FY 2004 DAS restrictions for vessels fishing in the SFMA. For 
the 2004 fishing year, limited access monkfish vessels may fish only 28 
of their 40 monkfish DAS allocation in the SFMA. If a vessel does not 
possess a valid letter of authorization from the Regional Administrator 
to fish in the NFMA as described in Sec.  648.94(f), NMFS will presume 
that any monkfish DAS used was fished in the SFMA.
* * * * *
    3. In Sec.  648.94, paragraph (b)(2) (i) and (ii) are revised to 
read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (2) * * *
    (i) Category A and C vessels. Category A and C vessels fishing 
under the monkfish DAS program in the SFMA may land up to 550 lb (250 
kg) tail-weight or 1,826 lb (828 kg) whole weight of monkfish per 
monkfish DAS (or any prorated combination of tail-weight and whole 
weight based on the conversion factor for tail-weight to whole weight 
of 3.32), unless modified pursuant to Sec.  648.96(b)(2)(ii).

[[Page 8367]]

    (ii) Category B and D vessels. Category B and D vessels fishing 
under the monkfish DAS program in the SFMA may land up to 450 lb (204 
kg) tail-weight or 1,494 lb (678 kg) whole weight of monkfish per 
monkfish DAS (or any prorated combination of tail-weight and whole 
weight based on the conversion factor for tail-weight to whole weight 
of 3.32), unless modified pursuant to Sec.  648.96(b)(2)(ii).
* * * * *
[FR Doc. 04-3852 Filed 2-23-04; 8:45 am]
BILLING CODE 3510-22-S