[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Proposed Rules]
[Pages 39643-39645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15613]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 080627793-8795-01]
RIN 0648-AW81


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; 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 is proposing to implement a new management measure for 
the monkfish fishery recommended in Framework Adjustment 6 (Framework 
6) to the Monkfish Fishery Management Plan (FMP), which has been 
submitted jointly by the New England and Mid-Atlantic Fishery 
Management Councils (Councils). This action would eliminate the 
backstop provision adopted in Framework Adjustment 4 (Framework 4) to 
the FMP, which was implemented in October 2007. This provision would 
have adjusted, and possibly closed, the directed monkfish fishery in 
fishing year (FY) 2009 if the landings in FY 2007 exceeded the target 
total allowable catch (TTAC). Given the most recent information on the 
status of monkfish stocks, the backstop provision is no longer deemed 
necessary.

DATES: Written comments must be received no later than 5 p.m. eastern 
standard time, on August 11, 2008.

ADDRESSES: You may submit comments, identified by RIN number 0648-AW81, 
by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking portal http://www.regulations.gov.
     Fax: (978) 281-9135, Attn: Emily Bryant.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930. 
Mark the outside of the envelope: ``Comments on Monkfish Framework 6.''
    Instructions: All comments received are part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted via Microsoft Word, Microsoft Excel, 
WordPerfect, or Adobe PDF file formats only. Copies of the 
Environmental Assessment (EA), including the Regulatory Impact Review 
(RIR) and Initial Regulatory Flexibility Analysis (IRFA), prepared for 
Framework 6 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 www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management 
Specialist, phone (978) 281-9244, fax (978) 281-9135.

[[Page 39644]]


SUPPLEMENTARY INFORMATION:

Background

    The monkfish fishery is jointly managed by the Councils, with the 
New England Council having the administrative lead. The fishery extends 
from Maine to North Carolina, and is divided into two management units: 
The Northern Fishery Management Area (NFMA) and the Southern Fishery 
Management Area (SFMA).
    Framework 4 included a ``backstop'' provision that would adjust, 
and possibly close, the directed monkfish fishery in FY 2009 if the 
landings in FY 2007 exceeded the TTAC. This provision would adjust the 
days-at-sea (DAS) allocations for either or both management areas in FY 
2009 if the TTACs are exceeded by between 10 and 30 percent during FY 
2007, or close the directed fishery in FY 2009 if the TTACs are 
exceeded by more than 30 percent. Because of scientific uncertainty 
concerning the status of the monkfish resource, NMFS deferred 
implementing Framework 4 and conducted a new stock assessment. The 
Northeast Data Poor Stocks Working Group (DPWG) completed and accepted 
the new assessment in July 2007. The results of this assessment 
indicated that neither monkfish stock is overfished, overfishing is no 
longer occurring, and both stocks are rebuilt based on the new modeling 
approach and the newly recommended biomass reference points. The July 
2007 assessment report emphasized, however, that in addition to the 
fact that this assessment was the first to use the new analytical 
model, there was a high degree of uncertainty in the analyses due to 
the dependence on assumptions about natural mortality, growth rates, 
and other model inputs. In light of this counsel, NMFS approved and 
implemented Framework 4 measures, which became effective on October 22, 
2007 (72 FR 53942, September 21, 2007).
    Framework Adjustment 5 (Framework 5), implemented on May 1, 2008 
(73 FR 22831, April 28, 2008), adopted the revised reference points 
recommended by the DPWG, and implemented other measures that will 
reduce the likelihood of TTAC overages in FY 2008 and beyond. Under the 
revised biomass reference points in Framework 5, both monkfish stocks 
are no longer considered overfished, and are considered to be rebuilt. 
Therefore, there is no longer a stock rebuilding program for the 
monkfish fishery.
    In support of the recent adjustments to the FMP, consistent with 
the results of the DPWG assessment, Framework 6 would eliminate the 
backstop provision adopted in Framework 4. Available landings 
information for FY 2007 indicate that the TTAC was exceeded by more 
than 30 percent in the SFMA. Given the most recent information on the 
status of monkfish stocks, including the revised reference points 
established through Framework 5 and the expected minimal biological 
impact of a 30-percent TTAC overage on stock status, the backstop 
provision is no longer deemed necessary. In addition, as noted above, 
Framework 5 included measures aimed at keeping landings within the 
TTACs.

Technical Correction to Monkfish FMP Regulations

    This rule proposes to correct the regulations implementing the FMP. 
The final rule implementing the Standardized Bycatch Recording 
Methodology (SBRM) Omnibus Amendment (73 FR 4736, January 28, 2008) 
inadvertently revised Sec.  648.96(b)(5), thereby deleting the 
regulations pertaining to the backstop provision introduced by 
Framework 4. As a result, the text referencing the annual review 
process at Sec.  648.96(a) is redundant with the existing text under 
Sec.  648.96 (b)(5). Therefore, this action would remove the redundant 
text under Sec.  648.96 (b)(5) referencing the annual review process 
and would simultaneously remove and reserve paragraph (b)(5) for the 
purpose of removing the reference to the TTAC overage backstop 
provision that was added through the final rule implementing Framework 
4.

Classification

    NMFS has determined that this proposed rule is consistent with the 
FMP and has preliminarily determined it is consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    An IRFA was prepared for Framework 6, as required by section 603 of 
the Regulatory Flexibility Act (RFA). The IRFA consists of the 
discussion in the preamble of the proposed rule and this section, and 
the analysis of impacts in Framework 6. 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 in the preamble and in the SUMMARY 
of this proposed rule. A copy of this analysis is available from the 
NEFMC (see ADDRESSES). A summary of the analysis follows:
    This action would remove an existing measure (TTAC overage backstop 
provision) that was implemented when there were concerns regarding 
potential overfishing of monkfish as the FMP neared the end of its 
rebuilding period. Changes in the biological reference points under 
Framework 5 showed that monkfish are no longer overfished, and 
overfishing is not occurring. In addition, current population modeling 
indicates that TTAC overage levels of 30 percent would not change the 
monkfish stock status. Consequently, retaining the existing effort 
reduction measures for FY 2009, under the no action alternative, would 
have a negative economic impact on the fishery, without materially 
aiding in the rebuilding of the stock. No other alternatives were 
considered because the purpose of the action is to remove a measure 
deemed unnecessary based upon best scientific information available.
    The regulations implementing the FMP, found at 50 CFR part 648, 
authorize the Council to adjust management measures as needed to 
achieve FMP goals. The objective of this action is to achieve the goals 
of the FMP while minimizing adverse economic impacts. Thus, the 
proposed action is consistent with the goals of the FMP and its 
implementing regulations.
    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 ($4.0 million in gross sales). 
As of March 14, 2008, there were 765 limited access monkfish permit 
holders and 2,211 vessels holding an open access Category E permit. 
Based on vessel trip report records in FY 2006, 615 limited access 
permit holders participated in the monkfish fishery. During the same 
period, 567 incidental permit holders reported landing monkfish.
    This action would affect limited access monkfish permit holders 
that fished, at some time, in the SFMA. Based on vessel activity 
reports from FY 2006 (the most recent fishing year for which complete 
information is available) this action could affect 462 limited access 
monkfish vessels, including 229 vessels that fishing only in the SFMA, 
and the 233 vessels that fished in both the NFMA and SFMA.
    This action does not introduce any new reporting, recordkeeping, or 
other compliance requirements. This proposed rule does not duplicate, 
overlap, or conflict with other Federal rules.

[[Page 39645]]

Economic Impacts of the Proposed Framework 6 Measure

    The proposed action is a single measure that would only affect 
limited access monkfish vessels that fish in the SFMA. In the absence 
of this measure, it is assumed that the directed monkfish fishery would 
close in the SFMA in FY 2009, based upon preliminary landings in FY 
2007 indicating that the TTAC was exceeded by more than 30 percent. 
Conversely, under the proposed action, restrictions on effort would not 
be required in FY 2009. Using a trip model, it was estimated that the 
proposed measure would result in positive or neutral changes in vessel 
net revenues, crew payments, and monkfish revenues in FY 2009, compared 
to the status quo.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: July 2, 2008.
John Oliver,
Deputy Assistant Administrator For Operations, 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.  648.96, paragraph (b)(5) is removed and reserved, and 
paragraph (b)(6) is revised to read as follows:


Sec.  648.96  Monkfish annual adjustment process and framework 
specifications.

    (b) * * *
    (6) Management measures for FY 2010 and beyond. If a regulatory 
action is not implemented to establish management measures for the 
monkfish fishery for FY 2010 or subsequent years, the management 
measures in effect during FY 2009 (i.e., trip limits and DAS 
allocations) shall remain in effect.
* * * * *
[FR Doc. E8-15613 Filed 7-9-08; 8:45 am]
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