[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Rules and Regulations]
[Pages 23871-23874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3908]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 060315071-6101-02; I.D. 030906C]
RIN 0648-AT22


Fisheries of the Northeastern United States; Monkfish Fishery

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS implements measures to establish target total allowable 
catch

[[Page 23872]]

(TAC) levels for the monkfish fishery for the 2006 fishing year (FY), 
and adjusts trip limits and establishes 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 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: Effective May 1, 2006.

ADDRESSES: 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 (NEFMC), 50 Water Street, Newburyport, MA 01950. The document 
is also available online at http://www.nefmc.org. NMFS prepared a Final 
Regulatory Flexibility Analysis (FRFA), which is contained in the 
classification section of this rule. The small entity compliance guide 
is available from Patricia A. Kurkul, Regional Administrator, Northeast 
Regional Office, National Marine Fisheries Service, One Blackburn 
Drive, Gloucester, MA 01930-2298, and on the Northeast Regional 
Office's website at http://www.nero.noaa.gov.

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

SUPPLEMENTARY INFORMATION:

Background

    Framework Adjustment 2 to the FMP, which became effective on May 1, 
2003 (68 FR 22325; April 28, 2003), implemented a method for setting 
the annual target TACs. 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). Once the annual target TACs are 
established, trip limits and/or DAS are adjusted accordingly, using a 
set of procedures established in Framework 2.
    The FMP, as modified by Framework 2, requires that the Monkfish 
Monitoring Committee (MFMC) recommend to the NEFMC and the Mid-Atlantic 
Fishery Management Council (MAFMC), on an annual basis, target TACs for 
the Northern Fishery Management Area (NFMA) and SFMA. The MFMC 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 FY 2006 target TAC for the NFMA is 7,737 mt (33.7 
percent less than FY 2004 landings), and the 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 3-
                                                               FY 2004    year        2005      Percent    2006
                       Management Area                        Landings  Average  BiomassTarget   Below    Target
                                                                (mt)      (kg/      (kg/tow)     Target    TAC
                                                                          tow)                             (mt)
----------------------------------------------------------------------------------------------------------------
NFMA                                                            11,666    1.214        1.83      33.7 %    7,737
SFMA                                                             6,078    0.778        1.29      39.7 %    3,667
----------------------------------------------------------------------------------------------------------------

    This action does not implement any changes to the management 
measures for limited access monkfish vessels fishing in the NFMA 
because the annual adjustment procedure specified in the regulations at 
Sec.  648.96(b) applies only to the SFMA. At the time Framework 2 was 
developed and implemented, the monkfish resource was well above the 
biomass threshold established for the NFMA. However, recent 
restrictions on fishing effort in the Northeast (NE) multispecies 
fishery, implemented through Amendment 13 to the NE 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, additional effort restrictions 
in the NE multispecies fishery to be implemented during FY 2006 
(through the emergency Secretarial action and joint NE Multispecies 
Framework 42/Monkfish Framework 3) are expected to further constrain 
monkfish landings.
    Framework 2 also established an adjustment 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) tail weight trip limits). Since this action 
establishes a target TAC for the SFMA that is well below 8,000 mt, it 
will reduce the trip limits for vessels fishing in the SFMA to 550 lb 
(249 kg) tail 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 also notifies limited access monkfish vessels of the 
monkfish DAS proration for vessels participating in the Offshore 
Fishery Program in the SFMA, as required by Sec.  648.95(g). The 
Offshore Fishery Program, which was established through Amendment 2 to 
the FMP (70 FR 21927; April 28, 2005), authorizes limited access 
monkfish

[[Page 23873]]

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) tail weight per DAS in exchange for a 
reduced monkfish DAS allocation. Monkfish DAS for limited access 
Category A and C vessels that participate in this program during FY 
2006 are adjusted by a factor of 0.344, equal to 4.1 DAS, based on the 
12 DAS restriction, and limited access Category B and D vessels are 
adjusted by a factor of 0.281, equal to 3.4 DAS, based on the 12 DAS 
restriction. Any carryover DAS available to the permit holder is to be 
factored into this calculation.

Comments and Responses

    One public comment was received on the proposed rule.
    Comment 1: One commenter requested that NMFS cut the target TACs 
for both management areas in half.
    Response: Framework 2 specified a target TAC setting method based 
upon a series of annual biomass index targets that gradually increase 
to achieve the biomass target established in the FMP. Since monkfish 
stocks in both management areas are behind in their respective 
rebuilding schedules, the application of the target TAC setting method 
implemented in Framework 2 for FY 2006 has resulted in target TACs that 
are about one-half the target TACs established for FY 2005. 
Specifically, the FY 2006 target TAC for the NFMA represents a 41-
percent decrease from the FY 2005 target TAC, while the FY 2006 target 
TAC for the SFMA represents a 62-percent decrease from the FY 2005 
target TAC.

Classification

    The Administrator, NE Region, NMFS (Regional Administrator), 
determined that this action to establish target TACs, trip limits, and 
DAS restrictions for the 2006 monkfish fishery is necessary for the 
conservation and management of the monkfish fishery, and that it is 
consistent with the Magnuson-Stevens Act and other applicable law.
    There is good cause under 5 U.S.C. 553(d)(3) to waive the 30 day 
delay in effectiveness of this final rule. This action establishes 
annual measures (target TACs, trip limits, DAS restrictions) for the 
monkfish fishery for FY 2006 (May 1, 2006 to April 30, 2007) that are 
more restrictive than the measures currently in effect for FY 2005. 
Failure to implement these measures in a timely manner will enable the 
monkfish resource to be overharvested since it would delay 
implementation of reduced trip limits and DAS restrictions for vessels 
fishing in the SFMA for up to 30 days beyond the start of the fishing 
year. Vessels that fish for monkfish in the SFMA are typically highly 
active during the month of May, using a large portion of their 
allocated monkfish DAS. This is due to the fact that monkfish are 
readily available during this time of year as a result of their annual 
spring migratory pattern. Therefore, any delay in implementation beyond 
the start of the fishing year would provide limited access monkfish 
vessels with the ability to use more than the 12 monkfish DAS being 
authorized for the SFMA under this final rule, resulting in an increase 
in fishing effort and enabling overharvest of the target TAC for this 
management area to occur. Any overharvest of the target TAC for the 
SFMA would result in negative impacts to the monkfish resource as a 
whole since stocks in both management areas are well behind the 
rebuilding schedules established in the FMP. Furthermore, this action 
could not be implemented earlier due to the lateness in the 
availability of the NMFS fall trawl survey data necessary for the 
calculation of the annual target TACs for the monkfish fishery, and the 
lateness in submission of this action by the NEFMC. A draft version of 
the EA/RIR/IRFA was made available to NMFS for review on February 13, 
2006. The final version of the EA/RIR/IRFA was made available to NMFS 
and the public, through posting of the document on the NEFMC's website, 
on March 10, 2006. In order to implement this final rule before the 
start of FY 2006 and prevent any negative impacts to the monkfish 
resource, such as overharvesting of the target TAC for the SFMA, 
resulting from a delay in implementation , the Assistant Administrator 
(AA) finds good cause to waive the 30-day delay in effectiveness.
    The NEFMC prepared an EA for this action and the AA concluded that 
there will be no significant impact on the human environment as a 
result of this rule. A copy of the EA is available from the NEFMC (see 
ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Final Regulatory Flexibility Analysis

    This section constitutes the FRFA, which NMFS, pursuant to section 
604 of the Regulatory Flexibility Act (RFA), has prepared in support of 
this action. The FRFA describes the economic impact that this final 
rule will have on small entities. This FRFA incorporates the IRFA, any 
comments received on the proposed rule, NMFS's responses to those 
comments, and the analyses completed to support the action. There are 
no Federal rules that may duplicate, overlap, or conflict with this 
final rule. A copy of the IRFA is available from the NEFMC (see 
ADDRESSES).

Statement of Objective and Need

    A description of the reasons why action by the agency is being 
taken and the objectives of this action are explained in the preamble 
of the proposed rule and this final rule and are not repeated here. 
This action is taken under the authority of the Magnuson-Stevens Act 
and regulations at 50 CFR part 648.

Summary of Significant Issues Raised in Public Comments

    One public comment was received on the proposed rule, but it did 
not pertain to the economic analyses summarized in the IRFA. The 
comment and the agency's response to that comment are provided in the 
preamble of this final rule.

Description and Estimate of Number of Small Entities to Which this Rule 
Will Apply

    This action will impact approximately 325 limited access monkfish 
permit holders that fish all or part of the fishing year in the SFMA, 
based on vessel landings for the 2003 FY. Of these 325 permit holders, 
151 fished exclusively in the SFMA, and are likely to be most affected 
by this action. All of the these vessels are considered small entities 
under the Small Business Administration's size standards for small 
fishing businesses (less than $3.5 million in gross annual sales) and, 
therefore, there is no disproportionate impact of the regulations 
between large and small entities.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    This action does not introduce any new reporting, recordkeeping, or 
other compliance requirements.

Description of the Steps Taken to Minimize Economic Impacts on Small 
Entities

    The target TAC setting alternative adopted in Framework 2 to the 
FMP, and utilized in this action, is less precautionary than the other 
alternatives considered in Framework 2, but minimizes impacts to small 
entities to the greatest extent. This target TAC

[[Page 23874]]

setting method minimizes impacts to small entities because it enables 
the NEFMC and MAFMC to increase the target TAC in response to an 
increase in monkfish stock biomass, in the absence of a reliable 
estimate of fishing mortality (F), but with a cap on that increase. 
Because the monkfish stocks in both management areas are behind in 
their respective rebuilding schedules, this action will reduce the 
target TACs in both management areas, resulting in reductions in trip 
limits and DAS available to vessels that fish in the SFMA. Therefore, 
because Framework 2 established methods for calculating annual target 
TACs, trip limits, and DAS restrictions, there are no alternatives to 
the target TACs, trip limits, and DAS restrictions being implemented 
for FY 2006 under this annual adjustment process.
    Framework 2 considered other alternatives to the formulaic method 
that was chosen to establish annual TACs for monkfish. The annual 
target TAC setting method established in Framework 2 compares annual 
biomass targets with a 3-year running average of the NMFS fall trawl 
survey. If the trawl survey biomass index is less than the annual 
target, as is the case for FY 2005, the target TAC in the subsequent 
year (FY 2006) is set to equal the monkfish landings for the previous 
fishing year (FY 2004), minus the percentage difference between the 3 
year average biomass index and the annual index target (see Table 1). 
Another option considered in Framework 2 would have compared the 
current F in relation to Fthreshold for establishing annual target 
TACs. This option was determined to be unreasonable because current 
estimates of F are too imprecise to set target TACs and make a status 
determination regarding overfishing.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement 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 was prepared. 
The guide will be sent to all vessels issued a limited access monkfish 
permit, and to all Federal dealers issued a monkfish permit. In 
addition, copies of this final rule and guide (i.e., permit holder 
letter) are available from the Regional Administrator (see ADDRESSES) 
and are also available at the following web site: http://www.nero.noaa.gov.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 20, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR part 648 is 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.

0
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.
* * * * *

0
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, D, and H 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. 06-3908 Filed 4-20-06; 4:01 pm]
BILLING CODE 3510-22-S