[Federal Register Volume 71, Number 55 (Wednesday, March 22, 2006)]
[Proposed Rules]
[Pages 14467-14470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4158]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060315071-6071-01; I.D. 030906C]
RIN 0648-AT22


Fisheries of the Northeastern United States; Monkfish Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 14468]]

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 2006 fishing year (FY), adjust 
trip limits, and establish days-at-sea (DAS) restrictions for limited 
access monkfish vessels fishing in the Southern Fishery Management Area 
(SFMA) based upon the annual target TAC setting, trip limit, and DAS 
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 intent of this action is to help 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 3, 2006.

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 2006 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 complete 
fishing year (e.g., FY 2004). This rebuilding program, established in 
Framework 2, is based on established formulas for calculating TACs, 
trip limits, and DAS allocations.
    The Monkfish Monitoring Committee reviewed the fall trawl survey 
biomass indices and monkfish landings for FY 2004, and calculated the 
target TACs for FY 2006 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 (e.g., FY 2006) is set equivalent to 
the monkfish landings for the previous fishing year (e.g., FY 2004), 
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 2006 target TAC for the Northern Fishery Management Area (NFMA) is 
7,737 mt (33.7 percent less than FY 2004 landings), and the proposed FY 
2006 target TAC for the SFMA is 3,667 mt (39.7 percent less than FY 
2004 landings).

                                    Table 1. Calculation of 2006 Target TACs.
----------------------------------------------------------------------------------------------------------------
                                                                          2005
                                              FY 2004    2005 3-year    Biomass      Percent    2006 Target  TAC
              Management Area                 Landings   Average (kg/ Target  (kg/    Below            (mt)
                                                (mt)         tow)         tow)        Target
----------------------------------------------------------------------------------------------------------------
                  NFMA                           11,666        1.214         1.83       33.7 %             7,737
                  SFMA                            6,078        0.778         1.29       39.7 %             3,667
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    This action does not propose any changes to the management measures 
for limited access monkfish vessels fishing in the NFMA because the 
annual adjustment procedure specified in the regulations applies only 
to the SFMA. At the time Framework 2 was developed and implemented, the 
monkfish resource was well above the Bthreshold established for the 
NFMA. However, recent restrictions on fishing effort in the Northeast 
multispecies fishery, implemented through Amendment 13 to the Northeast 
Multispecies FMP, have helped constrain monkfish effort in the NFMA. In 
fact, monkfish landings during FY 2004 were only 69 percent of the FY 
2004 target TAC for that management area. Furthermore, proposed 
additional effort restrictions in the Northeast multispecies fishery to 
be implemented during FY 2006 (through the emergency Secretarial action 
and joint Northeast Multispecies Framework 42/Monkfish Framework 3) are 
expected to further constrain monkfish landings.
    Framework 2 established a procedure for the SFMA that requires 
either the DAS or the trip limits to be adjusted based on whether the 
target TAC is less than or greater than 8,000 mt (the approximate 
target TAC level that would result in the 550 and 450 lb (249 and 204 
kg, respectively) tail weight trip limits). Since this action proposes 
a target TAC for the SFMA that is well below 8,000 mt, this action 
would reduce the trip limits for vessels fishing in the SFMA to 550 lb 
(249 kg) tail

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weight per DAS for limited access Category A, C, and G vessels, and 450 
lb (204 kg) tail weight per DAS for limited access Category B, D, and H 
vessels, and also restrict the FY 2006 DAS available for monkfish 
limited access vessels fishing in the SFMA to 12 monkfish DAS (plus up 
to 10 carryover DAS). The number of DAS available to limited access 
monkfish vessels fishing in the SFMA during FY 2006 was calculated 
using the analysis procedures established in Framework 2 and outlined 
in the regulations at Sec.  648.96(b)(3).
    This action would also notify limited access monkfish vessels of 
the monkfish DAS proration for vessels participating in the Offshore 
Fishery Program in the SFMA. The Offshore Fishery Program, which was 
established through Amendment 2 to the FMP (70 FR 21927; April 28, 
2005), authorizes limited access monkfish permit holders with Category 
A, B, C, or D permits to elect, on an annual basis, to participate in a 
designated offshore monkfish fishery in the SFMA by obtaining a 
Category F permit for the fishing year. Under this program, 
participants are allowed a higher daily possession limit of 1,600 lb 
(726 kg) of monkfish tails per DAS in exchange for a reduced monkfish 
DAS allocation. DAS allocations for Category F vessels are reduced 
proportionally from the DAS allocated to Category A, B, C, and D 
permits, according to the ratio of the SFMA trip limit that would 
otherwise be in effect for that permit category to the 1,600 lb (726 
kg) Category F permit trip limit. For example, in FY 2006, and assuming 
no carryover DAS, Category A and C permit holders who elect to switch 
to a Category F permit would be authorized to fish 4.1 DAS, and 
Category B and D permit holders would be authorized to fish 3.4 DAS. 
Any carryover DAS available to the permit holder would be factored into 
the proration and would affect the number of DAS authorized.

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 and trip limit and DAS adjustment methods implemented in 
Framework 2 to establish target TACs, trip limits, and DAS restrictions 
for FY 2006.
    The regulations implementing the FMP, found at 50 CFR part 648, 
subpart F, authorize adjustment of 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 2006.
    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). 
Therefore, there is no disproportionate impact on small entities 
compared to large entities. Currently, there are approximately 741 
limited access monkfish permit holders and approximately 2,263 vessels 
holding an open access monkfish permit. 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 2004 (the most recent fishing year for 
which complete information is available), there were 491 limited access 
permit holders participating in the monkfish fishery. Of these, 151 
vessels fished for monkfish exclusively in the SFMA, while 171 vessels 
fished for monkfish in both management areas. Thus, the proposed 
measures would likely affect at least the 325 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 151 vessels that fished for 
monkfish exclusively in the SFMA.
    The combined target TAC for both management areas would be 
decreased by approximately 50 percent compared to FY 2005. 
Individually, the target TAC for the NFMA would be reduced by 41 
percent, while the target TAC for the SFMA would be reduced by 62 
percent. In addition, monkfish trip limits in the SFMA would be reduced 
by approximately 25 percent and DAS would be reduced by nearly 70 
percent. 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 16.9 percent less income towards fixed costs, debt, and 
owner profit under the proposed trip limits and DAS restrictions for FY 
2006 as compared to FY 2005 trip limits and DAS. In addition, net pay 
per crew member would decrease by an average of 17.1 percent per trip.
    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 is estimated to be 
approximately a 2-percent decrease in both net pay to crew and net 
return to the vessel, though average decreases for NJ vessels would be 
more than 10 percent. The average impact on vessels fishing exclusively 
in the SFMA is estimated to be a 34.3-percent decrease in net pay to 
the crew, and a 31.8-percent decrease in returns to the vessel owner. 
These effects vary greatly between states, with vessels from NC 
experiencing smaller decreases relative to vessels from MA and NJ, 
where average decreases range from 40 to 50 percent.
    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. The FY 2006 target 
TACs result from the application of this methodology. As a result, 
there are no other reasonable alternatives to the proposed action to 
establish target TACs of 7,737 mt for the NFMA and 3,667 mt for the 
SFMA, other than no action, that meet the requirements of the Magnuson-
Stevens Act, the FMP, and implementing regulations. Furthermore, 
Framework 2 also established an formulaic method for adjusting trip

[[Page 14470]]

limits and DAS for the SFMA that is based on the distribution of 
monkfish landings and DAS used by limited access vessels. The proposed 
trip limits of 550 lb (249 kg) per DAS for limited access Category A, 
C, and G vessels, and 450 lb (204 kg) per DAS for limited access 
Category B, D, and H vessels, and the calculated DAS limitation of 12 
monkfish DAS that would be applicable to limited access monkfish 
vessels fishing in the SFMA are the result if the application of this 
formula.
    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 16, 2006.
James W. Balsiger,
Acting 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)(ii) is added to read as 
follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (ii) FY 2006 DAS restrictions for vessels fishing in the SFMA. For 
the 2006 fishing year, limited access monkfish vessels are restricted 
to utilizing only 12 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, 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, C, and G vessels. Category A, C, and G vessels 
fishing under the monkfish DAS program in the SFMA may land up to 550 
lb (249 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).
    (ii) Category B and D vessels. Category B, D, and H 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. E6-4158 Filed 3-21-06; 8:45 am]
BILLING CODE 3510-22-S