[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74005-74006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30179]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-BA50


Fisheries of the Northeastern United States; Monkfish Fishery; 
Scoping Process

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

ACTION: Notice; intent to prepare an environmental impact statement 
(EIS) and scoping meetings; request for comments.

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SUMMARY: The New England Fishery Management Council (NEFMC) announces 
its intent to prepare an amendment (Amendment 6) to the Fishery 
Management Plan (FMP) for monkfish (Lophius americanus) and an EIS to 
analyze the impacts of any proposed management measures. The purpose of 
Amendment 6 is to consider one or more catch share management 
approaches for the monkfish fishery, including, but not limited, to 
Individual Fishery Quotas (IFQs), sectors, and/or community quotas. The 
NEFMC is initiating a public process to determine the scope of issues 
and range of alternatives to be addressed in Amendment 6 and its EIS. 
The purpose of this notification is to alert the interested public of 
the commencement of the scoping process and to provide for public 
participation in compliance with environmental documentation 
requirements.

DATES: Written and electronic scoping comments must be received on or 
before 5 p.m., local time, February 15, 2011.

ADDRESSES: Written comments on Amendment 6 may be sent by any of the 
following methods:
     E-mail to the following address: [email protected];
     Mail to Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope ``Scoping Comments on Monkfish 
Amendment 6;'' or
     Fax to Patricia A. Kurkul, 978-281-9135.
    Requests for copies of the scoping document and other information 
should be directed to Paul J. Howard, Executive Director, New England 
Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 
01950, telephone 978-465-0492. The scoping document is accessible 
electronically via the Internet at http://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, 
New England Fishery Management Council, 978-465-0492.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. monkfish fishery is jointly managed by the New England and 
Mid-Atlantic Councils, with the NEFMC having the administrative lead. 
The Councils manage monkfish under a two-area program (northern and 
southern), primarily due to differences in the characteristics of the 
fisheries in the two areas, although no conclusive evidence exists 
supporting the idea that there are two biological stocks. The Monkfish 
FMP became effective on November 8, 1999. The Councils have modified 
the

[[Page 74006]]

management program several times since the original FMP was adopted, 
most recently in 2010 with the completion of Amendment 5, containing 
Annual Catch Limits, Annual Catch Targets (ACT) and specification of 
days-at-sea (DAS) allocations and trip limits for the 2011-2013 fishing 
years.
    While a significant portion of the monkfish catch in both areas is 
incidental to other fishing activities, a directed fishery also exists. 
The Councils have adopted incidental catch possession limits for all 
non-directed fisheries, and currently manages the directed fishery 
through a combination of DAS allocations and trip limits designed to 
achieve the ACT.

Measures Under Consideration

    The Councils are considering catch shares for the monkfish fishery 
as a way to improve the economic performance of the fishery by 
increasing flexibility, maintaining catch within set limits, achieving 
optimum yield, promoting safety, and reducing the regulatory burden on 
vessel operators. Additionally, nearly 75-percent of limited access 
monkfish permit holders also hold a limited access permit in the 
Northeast multispecies fishery, where a catch share program (in the 
form of sector management) has been implemented. As a consequence, many 
monkfish permit holders have requested that the Councils consider a 
catch share program in the monkfish fishery to coordinate the 
management and improve the performance of both fisheries.
    ``Catch shares'' is a generic term for a fishery management program 
that allocates a specific portion of a total fishery catch to 
individuals, communities, or cooperatives (including sectors). In 
contrast to managing through effort or input controls such as DAS and 
trip limits, catch shares management focuses on allocating and 
monitoring the catch or output controls. Specific catch share 
approaches include, but are not limited to, IFQs, Individual 
Transferrable Quotas (ITQs), Community Quotas, Harvest Cooperatives 
(including ``sectors'' such as those as recently adopted in the 
Northeast Multispecies FMP), area-based fishing rights, and non-vessel 
allocations (e.g., dealer or processor shares). At this stage in the 
amendment process, the Councils have not eliminated any of the various 
types of catch share management approaches from consideration. Rather, 
they intend to collect early comments from stakeholders and interested 
parties to guide them in the development of appropriate catch-share 
alternatives. The Councils are also interested in hearing from 
stakeholders what their concerns might be with various catch share 
elements, including, but not limited to, limits on accumulation of 
shares, costs of monitoring individual catch, barriers or incentives 
for new entrants, and the effect of consolidation on fishing 
communities.
    The Magnuson-Stevens Fishery Conservation and Management Act (MSA) 
authorizes and provides a regulatory framework for Councils to 
establish Limited Access Privilege Programs (LAPPs), of which ITQs are 
one type. In addition to the requirements and standards for all LAPPs, 
the MSA requires the NEFMC specifically to hold a referendum and gain 
approval of more than two-thirds of the voters for an IFQ program prior 
to submitting the plan to NMFS. The Councils will determine who is 
eligible to participate in the referendum from among the potential pool 
that includes permit holders and crew members who derive a significant 
part of their total income from the fishery. If an IFQ system is 
adopted, the Council would allocate individual proportions of the 
available catch to qualified participants who may then be allowed, 
under yet-unspecified terms and restrictions, to buy, sell, trade or 
otherwise transfer their shares to other entities or participants.

Scoping Process

    All persons affected by or otherwise interested in monkfish fishery 
management are invited to participate in determining the scope and 
significance of issues to be analyzed by submitting written comments 
(see ADDRESSES) or by attending one of the meetings where scoping 
comments will be taken. Scoping consists of identifying the range of 
actions, alternatives (including taking no action), and impacts to be 
considered in developing an amendment that addresses the purposes and 
goals discussed in this notice. Impacts may be direct, indirect, or 
cumulative. This scoping process will also identify and eliminate from 
detailed analysis issues that are not significant, as well as 
alternatives that do not achieve the goals of the FMP or this 
amendment.
    The scoping process for Amendment 5 to the Monkfish FMP (74 FR 
7880; February 20, 2009) also considered the development of a catch 
share program for the monkfish fishery in the range of issues to be 
considered in that amendment. However, by September 2009, the Councils 
recognized that, due to their complexity, development of catch share 
alternatives would likely delay Amendment 5, and risk not meeting the 
statutory deadline for annual catch limits and accountability measures 
under the MSA. At that time, the Councils agreed to separate the catch 
shares portion of the amendment to focus on the remaining elements, and 
consider catch shares in the next management action. Any comments 
concerning the development of a catch share program for the monkfish 
fishery that were received in conjunction with the scoping process for 
Amendment 5 will be carried forward in the development of Amendment 6.
    After the scoping process is completed, the NEFMC will identify the 
range of alternatives to be considered in the Amendment 6, and to be 
analyzed in the EIS. Once a draft amendment document, including a draft 
EIS, is completed, the NEFMC will hold public hearings to receive 
comments on the alternatives and the analysis of its impacts presented 
in the draft EIS. Following that public comment period, the NEFMC will 
identify its proposed action and complete a final amendment document 
that includes a final EIS, as well as documentation and analysis 
required by all other applicable laws. The NEFMC will then submit the 
amendment to NMFS for review, approval and implementation.

Scoping Hearing Schedule

    At this time, only one scoping meeting is scheduled. The Councils 
will schedule additional meetings in the near future, and announce 
those meetings in the Federal Register, as well as on the Councils' Web 
site and through other channels. The first scheduled meeting is to be 
held in conjunction with the Mid-Atlantic Fishery Management Council 
meeting:
    1. Wednesday, December 15, 2010, 4:30 p.m.; Hilton Beach 
Oceanfront, 3001 Atlantic Avenue, Virginia Beach, VA 23451, telephone: 
(757) 213-3000.

Special Accommodations

    The meetings are accessible to people with physical disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Paul J. Howard (see ADDRESSES) at least 5 days 
prior to this meeting date.

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

    Dated: November 24, 2010.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2010-30179 Filed 11-29-10; 8:45 am]
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