[Federal Register Volume 70, Number 52 (Friday, March 18, 2005)]
[Proposed Rules]
[Pages 13156-13158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-5348]



[[Page 13156]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 050304060-5060-01; I.D. 030105A]
RIN 0648-AS72


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 2005 fishing year (FY), and 
adjust trip limits for limited access monkfish vessels fishing in the 
Southern Fishery Management Area (SFMA) based upon the annual target 
TAC setting and trip limit adjustment methods established in Framework 
Adjustment 2 (Framework 2) to the Monkfish Fishery Management Plan 
(FMP). The proposed action is necessary to comply with the rebuilding 
plan established in the FMP and modified in Framework 2. The target 
TACs for FY 2005, based upon the target TAC setting method, would be 
13,160 mt for the Northern Fishery Management Area (NFMA), and 9,673 mt 
for the SFMA. This action would also adjust the trip limits for vessels 
fishing in the SFMA, in accordance with the trip limit analysis method 
established in Framework 2, to be 700 lb (318 kg) tail weight per day-
at-sea (DAS) for limited access Category A and C vessels, and 600 lb 
(272 kg) tail weight per DAS for limited access Category B and D 
vessels. The intent of this action is to eliminate overfishing and 
rebuild the monkfish resource in accordance with Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act) 
requirements.

DATES:  Comments must be received by 5 p.m. on April 4, 2005.

ADDRESSES:  Written comments on the proposed rule may be submitted by 
any of the following methods:
     E-mail: E-mail comments may be submitted to 
[email protected]. Include in the subject line the following 
``Comments on the Proposed Rule for the 2005 Monkfish Annual 
Adjustment.''
     Federal e-Rulemaking Portal: http://www.regulations.gov.
     Mail: Comments submitted by mail should be sent to 
Patricia A. Kurkul, Regional Administrator, Northeast Region, NMFS, One 
Blackburn Drive, Gloucester, MA 01930-2298. Mark the outside of the 
envelope ``Comments on the Proposed Rule for the 2005 Monkfish Annual 
Adjustment.''
     Facsimile (fax): Comments submitted by fax should be faxed 
to (978) 281-9135.
    Copies of the Environmental Assessment (EA), including the 
Regulatory Impact Review (RIR) and Initial Regulatory Flexibility 
Analysis (IRFA), prepared for this action are available upon request 
from Paul Howard, Executive Director, New England Fishery Management 
Council, 50 Water Street, Newburyport, MA, 01950. The document is also 
available online at www.nefmc.org.

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

SUPPLEMENTARY INFORMATION:

Background

    The monkfish fishery is jointly managed by the New England Fishery 
Management Council (NEFMC) and the Mid-Atlantic Fishery Management 
Council (MAFMC), with the NEFMC having the administrative lead. 
Framework 2 to the FMP, which became effective on May 1, 2003 (68 FR 
22325; April 28, 2003), implemented a method to set the annual target 
TAC. This method is based upon the relationship between the 3-year 
running average of NMFS's 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 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 current 3-year average biomass index to the 
annual index target applied to the monkfish landings for the previous 
fishing year. Since the stock rebuilding program established in 
Framework 2 is based on established formulas for calculating TACs, trip 
limits, and DAS allocations, the Councils had no discretion to evaluate 
alternatives relative to this program for FY 2005.
    The Monkfish Monitoring Committee reviewed the fall trawl survey 
biomass indices and monkfish landings for FY 2003, and calculated the 
target TACs for FY 2005 in accordance with the procedures established 
in Framework 2. According to these procedures, if the current 3-year 
average biomass index is below the annual index target, then the target 
TAC for the upcoming fishing year is set equivalent to the monkfish 
landings for the previous fishing year, minus the percentage difference 
between the 3-year average biomass index and the annual index target. 
Based on the information presented in Table 1, the current 3-year 
average biomass indices are less than the current targets for both 
management areas. Therefore, the proposed FY 2005 target TAC for the 
NFMA is 13,160 mt (6.02 percent less than FY 2003 landings), and the 
proposed FY 2005 target TAC for the SFMA is 9,673 mt (18.26 percent 
less than FY 2003 landings).

                                    Table 1. Calculation of 2005 target TACs.
----------------------------------------------------------------------------------------------------------------
                                                                               2004
                                                   FY 2003    2004 3-year    Biomass      % Below    2005 Target
                Management Area                    Landings   Average (kg/ Target (kg/    Biomass     TAC  (mt)
                                                     (mt)         tow)         tow)        Target
----------------------------------------------------------------------------------------------------------------
                  NFMA                                14,004         1.56         1.66       6.02 %       13,160
                  SFMA                                11,834         0.94         1.15      18.26 %        9,673
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    This action does not propose any changes to the management measures 
for limited access monkfish vessels fishing in the NFMA, since such 
changes are unnecessary in order to achieve the proposed target TAC for 
FY 2005. Currently, limited access monkfish vessels fishing exclusively 
in the NFMA are not subject to a monkfish trip limit when fishing under 
either a monkfish or a Northeast (NE) multispecies DAS. However, it is

[[Page 13157]]

unlikely that vessels fishing in the NFMA would exceed the proposed 
target TAC of 13,160 mt, since this target TAC is less than 900 mt 
below the 2003 landings, and the reduction in NE multispecies DAS 
allocations under Amendment 13 to the NE Multispecies FMP, implemented 
in FY 2004, is expected to further constrain monkfish landings. In 
fact, current FY 2004 monkfish landings (preliminary) for May through 
September are 3,913 mt for the NFMA, which is 70 percent of the May 
through September landings for the NFMA for FY 2003 (5,551 mt). If 
current FY 2004 and future FY 2005 landings continue to follow the same 
trajectory, expected landings of approximately 10,000 mt would be well 
below the FY 2004 and proposed FY 2005 target TACs. However, if changes 
to the management measures for the NFMA were required to prevent the 
target TAC from being exceeded, a separate regulatory action would be 
required, since changes to management measures in the NFMA are 
currently not authorized under the annual adjustment procedures 
specified under 50 CFR 648.96(b).
    For the SFMA, this action proposes to restore the DAS available to 
limited access monkfish vessels fishing in the SFMA, but adjust the 
trip limits to correspond to the proposed target TAC. Framework 2 
established a procedure for the SFMA that requires either the DAS or 
the trip limits to be adjusted as follows: (1) For years in which the 
target TAC is less than 8,000 mt, the trip limits will be held constant 
at 550 lb (250 kg) (for Category A and C vessels) and 450 lb (204 kg) 
(for Category B and D vessels), and the available DAS will be reduced 
from 40 DAS to provide the necessary reduction in landings; and (2) for 
years in which the target TAC is greater than 8,000 mt, the available 
DAS will be held constant at 40 DAS, but the trip limits will be 
adjusted to a level appropriate to ensure that the target TAC is not 
exceeded. Currently, limited access monkfish vessels are allowed to 
fish only 28 of their annual allocation of 40 monkfish DAS (plus 
carryover DAS) in the SFMA. This DAS usage restriction was implemented 
for FY 2004 because the target TAC of 6,772 mt was less than 8,000 mt. 
Because the proposed 2005 target TAC for the SFMA is above the 8,000-mt 
threshold, limited access monkfish vessels would be authorized to use 
all 40 monkfish DAS allocated annually (plus carryover DAS) in either 
management area under the proposed action.
    To account for the proposed FY 2005 target TAC being 18 percent 
less than FY 2003 landings, this action proposes to establish trip 
limits of 700 lb (318 kg) tail weight per DAS for limited access 
Category A and C vessels, and 600 lb (272 kg) tail weight per DAS for 
limited access Category B and D vessels. The proposed trip limits 
represent a 27-percent increase for Category A and C vessels, and a 25-
percent increase for Category B and D vessels when compared to current 
FY 2004 trip limits (550 lb (250 kg) and 450 lb (204 kg)) tail weight 
for Category A and C, and Category B and D vessels, respectively). 
These trip limits were calculated using the trip limit analysis 
procedures established in Framework 2, and outlined in the regulations 
at Sec.  648.96(b)(2).

Classification

    NMFS has determined that the proposed rule is consistent with the 
FMP and preliminarily determined that the rule is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    The NEFMC prepared an IRFA 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. A 
description of the action, why it is being considered, and the legal 
basis for this action are contained at the beginning of this preamble 
and in the SUMMARY. A summary of the analysis follows:
    The FMP requires that the status of the monkfish resource be 
reviewed on an annual basis. In addition, the measures contained in 
Framework 2 established an annual target TAC setting method that is 
based on the most recent 3-year running average of the NMFS fall trawl 
survey biomass index as compared to an established annual index target. 
Framework 2 also established a method for adjusting trip limits and 
DAS, as necessary, for vessels fishing in the SFMA in order to achieve 
the target TAC for that area. This action utilizes the target TAC 
setting method and the trip limit adjustment implemented in Framework 2 
to establish target TACs and trip limits for FY 2005.
    The regulations implementing the FMP, found at 50 CFR part 648, 
subpart F, authorize the Council to adjust the management measures as 
needed in order to achieve the goals of the FMP. Framework 2 adjusted 
FMP management measures by establishing a streamlined process for 
setting annual target TACs, and for adjusting trip limits and DAS 
allocations, as needed, to achieve those target TACs. The objective of 
this action is to achieve the goals of the FMP through the application 
of the target TAC setting method established in Framework 2 for FY 
2005.
    All of the entities (fishing vessels) affected by this action are 
considered small entities under the Small Business Administration size 
standards for small fishing businesses ($3.5 million in gross sales). 
There are approximately 737 limited access monkfish permit holders, 
including permits held in confirmation of permit history. This action 
would affect only limited access monkfish vessels while fishing for 
monkfish in the SFMA, since no changes to the management measures for 
the NFMA are proposed. Based on activity reports for FY 2003 (the most 
recent fishing year for which complete information is available), there 
were 534 limited access permit holders participating in the monkfish 
fishery. Of these, 158 vessels fished for monkfish exclusively in the 
SFMA, while 235 vessels fished for monkfish in both management areas. 
Thus, the proposed measures would likely affect at least the 393 
vessels that fished for monkfish for at least part of the fishing year 
in the SFMA, but would likely have the greatest effect on the 158 
vessels that fished for monkfish exclusively in the SFMA.
    The combined target TAC for both monkfish management areas would be 
decreased by approximately 3 percent compared to fishing year 2004. 
While the target TAC for the NFMA would be decreased by approximately 
22 percent, the target TAC for the SFMA would be increased by nearly 43 
percent. As a result of the increased target TAC for the SFMA, monkfish 
trip limits in the SFMA would be increased by approximately 30 percent. 
Furthermore, since the target TAC for the SFMA has been set at a level 
greater than the 8,000-mt threshold, below which DAS reductions are 
triggered, allowable DAS that may be fished in the SFMA would be 
increased back to the full 40-day allotment. Thus, the proposed 
measures would have differential impacts on participating vessels 
depending on the management area in which they fish.
    A trip limit model was used to estimate the impact of the proposed 
SFMA trip limits on the average per trip return for vessels on monkfish 
trips. Based on this analysis, on average, a trip taken in the SFMA 
would produce 21.2 percent more income towards fixed costs, debt, and 
owner profit under the proposed trip limits for FY 2005 as compared to 
FY 2004 trip limits. In addition, net pay per crew member would be 
increased by an average of 20.8 percent per trip.

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    As previously stated, vessels fishing in the NFMA would not be 
affected by the proposed measures for the SFMA. The average impact on 
vessels fishing in both management areas was estimated to be 
approximately a 2-percent increase in both net pay to crew and net 
return to the vessel. However, the average impact on vessels fishing 
exclusively in the SFMA was estimated to be a 14-percent increase in 
net pay to the crew, and a 12-percent increase in returns to the vessel 
owner. These effects vary greatly between states, with vessels from NC 
and NY experiencing small increases relative to vessels from MA and NJ.
    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 NMFS 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-
discretionary. As a result, there are no alternatives to the proposed 
action to establish target TACs of 14,004 mt for the NFMA and 11,834 mt 
for the SFMA, other than no action. Furthermore, Framework 2 also 
established an formulaic method for adjusting trip limits for the SFMA 
that is based on the distribution of monkfish landings used by limited 
access monkfish vessels. Thus, there are no alternatives to the 
proposed trip limits of 700 lb (318 kg) per DAS for limited access 
Category A and C vessels, and 600 lb (272 kg) per DAS for limited 
access Category B and D vessels, other than no action.
    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 the NEFMC (see 
ADDRESSES).

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 11, 2005.
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.


Sec.  648.92  [Amended]

    2. In Sec.  648.92, paragraph (b)(1)(ii) is removed and reserved.
    3. In Sec.  648.94, paragraphs (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 700 lb (318 
kg) tail weight or 2,324 lb (1,054 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).
    (ii) Category B and D vessels. Category B and D vessels fishing 
under the monkfish DAS program in the SFMA may land up to 600 lb (272 
kg) tail weight or 1,992 lb (904 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. 05-5348 Filed 3-17-05; 8:45 am]
BILLING CODE 3510-22-S