[Federal Register Volume 71, Number 209 (Monday, October 30, 2006)]
[Proposed Rules]
[Pages 63277-63278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-18187]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.060823223-6223-01; I.D. 072706B]
RIN 0648-AT63


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Tilefish 
Fishery

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

ACTION: Notice of withdrawal of proposed rule.

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SUMMARY: NMFS withdraws the proposed rule published on September 6, 
2006, which proposed an increase in the annual tilefish total allowable 
landings (TAL) for the remainder of the 10-year stock rebuilding 
period. Thus, the previously established annual tilefish TAL of 1.995 
million lb (905 mt) remains in effect.

DATES: The withdrawal of the proposed rule to increase the total 
allowable landings for the tilefish fishery (71 FR 52519, September 6, 
2006) is effective October 27, 2006.

FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy 
Analyst, (978) 281-9220.

SUPPLEMENTARY INFORMATION:

Background

    Regulations implementing the fishery management plan (FMP) for the 
tilefish fishery prepared by the Mid-Atlantic Fishery Management 
Council (Council) appear at 50 CFR part 648, subparts A and N. The FMP 
(section 1.2.1.2) states that, after a ``benchmark'' stock assessment, 
conducted at a Northeast Fisheries Science Center (NEFSC) sponsored 
stock assessment workshop (SAW), and subsequent review by the stock 
assessment review committee (SARC), from which the biological reference 
points could change, a change in the TAL may be warranted. The 41st SAW 
met in June 2005, assessed the tilefish stock, and concluded that the 
tilefish stock is not overfished and overfishing is not occurring. 
Fishing mortality in 2004 was estimated to be 87% of Fmsy, and total 
biomass in 2005 was estimated to be 72% of Bmsy, a level above that 
projected for 2005 in the 1998 assessment (59% of Bmsy). However, the 
SAW also concluded that, given the high variance associated with the 
terminal year estimates of 2004 F/Fmsy and 2005 B/Bmsy ratios, biomass 
projections could not be conducted, as these were considered too 
uncertain to form the basis for evaluating likely biomass recovery 
schedules relative to Bmsy under various TAL strategies.
    As a result of the findings from the 41st SAW, the Council convened 
the Tilefish Monitoring Committee in April 2006 to consider the results 
of the stock assessment and to make recommendations to the Council's 
Tilefish Committee. Based on the Tilefish Monitoring Committee's 
recommendation that a slight increase in the TAL could be justified, 
the Council recommended to NMFS that the TAL be increased from 905 mt 
to 987 mt live (whole) weight ( a 9-percent increase), beginning with 
the fishing year that starts November 1, 2006. The Council also argued 
that an increase in the tilefish TAL is justified because the fishery 
has been operating at or near the proposed TAL level for several years 
as a result of an accounting error by which the quota was erroneously 
monitored by landed (gutted) weight instead of live (whole) weight, 
with no observed adverse consequences to the stock. A proposed rule 
soliciting public comment was published in the Federal Register on 
September 6, 2006 (71 FR 52519). The comment period ended on September 
21, 2006.

Basis for Withdrawal

    Although the Tilefish Monitoring Committee suggested that a small 
increase in the tilefish TAL would not jeopardize the recovery of the 
stock, the NEFSC raised several concerns about the lack of data used to 
reach these conclusions. Specifically, the strong 1999 year class is a 
primary determinant of the population's estimated intrinsic rate of 
increase. If this year class does not persist as expected, the stock 
assessment model could show a much lower estimate of the population's 
productivity at the next stock assessment workshop. In the 41st SAW 
stock assessment report there were eight specific sources of 
uncertainty noted, with two major sources of uncertainty, that could 
impact the estimate of tilefish population estimates. The two major 
sources of uncertainty involved the catch per unit of effort 
measurement, which was not able to take into account changes in fishing 
practices or spatial distribution of tilefish, and the estimate of 
population biomass and size structure, since these estimates were 
derived from sparse length frequency data and fishery dependent data 
sources. These sources of uncertainty are due primarily to the fact 
that tilefish are rarely captured in the NEFSC bottom trawl surveys, 
resulting in full reliance on fishery dependent bottom longline data, 
for which only trip-level data are captured.
    Based on this uncertainty in the 2005 stock assessment, and the 
fact that the next stock assessment for tilefish is not scheduled to be 
completed until at least late 2007, affording little time to make any 
necessary adjustments to the TAL if population productivity estimates 
prove to be lower than that given in the 2005 stock assessment, and 
given the 10-year rebuilding period ends in 2011, an increase in the 
tilefish TAL is not justified at this time. Thus, the TAL for 2007 will 
remain unchanged from the current level.

Comments and Responses

    During the comment period on the proposed rule seven comments were 
received. Two comments were opposed to an increase in the TAL, and five 
comments supported the proposed increase in the TAL. Commenters 
included individual fishermen, the New York State Department of 
Environmental Conservation, the Montauk Tilefish Association, the New 
Bedford Seafood Consulting, and the general public.
    Comment 1: Two comments were received opposing the increase in the 
tilefish TAL. One commenter did not offer a reason or justification for 
the opposition, just asking that the quota not be changed. A second 
comment opposed the increase in the tilefish TAL due to a lack of trust 
in fisheries data.
    Response: Due to high scientific uncertainty in the 2005 tilefish 
stock assessment and the timing of the next stock assessment in 
relation to the end of the tilefish stock rebuilding period, NMFS is 
withdrawing the proposed rule. NMFS is concerned that there would be 
significant time to meet the FMP's rebuilding goal should the results 
of the most recent assessment be overly optimistic. Therefore the TAL 
will remain unchanged.
    Comment 2: Five comments were received in favor of the increase in 
the tilefish TAL. In general all five

[[Page 63278]]

comments supported the increase based upon the Council's rationale that 
the tilefish fishery has been operating at or near the proposed TAL due 
to an accounting error, without any observed adverse consequences to 
the stock. Two commenters expressed the view that the proposed 9-
percent increase in the TAL was a correction of miscommunication made 
during the early implementation of the FMP that eventually resulted in 
the TAL being effectively reduced by 9-percent in May 2005 when the 
accounting error was corrected (the 9-percent reduction in the TAL was 
the result of the mathematical conversion of the landed weight to whole 
weight for the purposes of monitoring the quota).
    Response: Although NMFS acknowledges that there was 
miscommunication in the early implementation of the FMP regarding the 
correct weight by which to monitor the quota, NMFS has the 
responsibility to correct the error to reflect what is specified in the 
FMP. It is clear, after discussions with both the Council and the 
NEFSC, that the annual TAL specified in the FMP is based on live 
(whole) fish weight. The proposed rule to increase the TAL, and 
effectively regain quota levels equivalent to that prior to May 2005, 
is not justified due to the high degree of scientific uncertainty in 
the 2005 tilefish stock assessment and the fact that the stock is not 
yet rebuilt.
    As a result of the withdrawal of the aforementioned proposed rule, 
the tilefish TAL for FY 2007 and subsequent years of the rebuilding 
program will remain at 1.995 million lb (905 mt), unless superceded by 
additional rulemaking consistent with the provisions of the FMP. The 
FMP dictates that the TAL be divided between the three limited access 
tilefish permit categories after the TAL is reduced by 5 percent to 
account for incidental tilefish landings (open-access Incidental permit 
category) as follows: Sixty-six percent (1,250,865 lb (466,875 kg)) to 
Full-time Tier 1; 15 percent (284,288 lb (106,108 kg)) to Full-time 
Tier 2; and 19 percent (360,098 lb (163,338 kg)) to Part-time vessels.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: October 23, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E6-18187 Filed 10-27-06; 8:45 am]
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