[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Proposed Rules]
[Pages 47533-47536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19925]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 101119575-1397-01]
RIN 0648-BA46


Fisheries of the Northeastern United States; Monkfish; Framework 
Adjustment 7

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 proposes regulations to implement measures in Framework 
Adjustment 7 (Framework 7) to the Monkfish Fishery Management Plan 
(Monkfish FMP). The New England Fishery Management Council and Mid-
Atlantic Fishery Management Council (Councils) developed Framework 7 to 
adjust the annual catch target (ACT) for the Northern Fishery 
Management Area (NFMA) to be consistent with the most recent scientific 
advice regarding the acceptable biological catch (ABC) for monkfish. 
The New England Council's Scientific and Statistical Committee (SSC) 
has recommended a revision to the ABC based on information from a 2010 
stock assessment (50th Northeast Regional Stock Assessment Review 
Committee (SARC 50)). Framework 7 would also specify a new day-at-sea 
(DAS) allocation and trip limits for the NFMA commensurate with the new 
ACT, and Framework 7 and would also adopt revised biomass reference 
points for the NFMA and Southern Fishery Management Area (SFMA), based 
on the recommendations of SARC 50 and the SSC.

DATES: Public comments must be received no later than 5 p.m., eastern 
standard time, on September 6, 2011.

ADDRESSES: An environmental assessment (EA) was prepared for Framework 
7 that describes the proposed action and other considered alternatives, 
and provides a thorough analysis of the impacts of the proposed 
measures and alternatives. Copies of Framework 7, including the EA and 
the Initial Regulatory Flexibility Analysis (IRFA), are available on 
request from Paul J. Howard, Executive Director, New England Fishery 
Management Council (Council), 50 Water Street, Newburyport, MA 01950. 
These documents are also available online at http://www.nefmc.org.
    You may submit comments, identified by 0648-BA46, by any one of the 
following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
     Fax: (978) 281-9135, Attn: Jason Berthiaume.
     Mail: Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930. Mark the outside of the envelope, ``Comments on Monkfish 
Framework 7 Proposed Rule.''
    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 (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fisheries Management 
Specialist, (978) 281-9177; fax: (978) 281-9135.

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 NFMA and the SFMA. Details on the background and need for Amendment 
5 and this framework are contained in the amendment and the preambles 
for the proposed (76 FR 11737; March 3, 2011) and final rules (76 FR 
30265; May 25, 2011) for Amendment 5, and are not repeated here.
    Amendment 5, which was partially approved by NMFS on April 28, 
2011, was intended to bring the Monkfish FMP into compliance with the 
requirements of the reauthorized Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). The Magnuson-Stevens Act 
requires that all fishery management plans contain annual catch limits 
(ACL) to prevent overfishing, and measures to ensure accountability. 
Among other measures, Amendment 5 implemented accountability measures 
(AMs) and ACLs, established biological and management reference points 
and control rules, and specified an ACT, DAS and trip limits for the 
SFMA.
    However, NMFS disapproved Amendment 5's proposed ACT for the NFMA, 
and specification of DAS and trip limits to achieve that ACT. Amendment 
5 proposed an ACT for the NFMA of 10,750 mt, an allocation of 40 DAS, 
and trip limits of 1,250 lb (567 kg) tail wt. per DAS for Category A 
and C vessels, and 800 lb (363 kg) tail wt. per DAS for Category B and 
D vessels based on the 2007 Data Poor Working Group (DPWG) Assessment, 
which were considered to be the best scientific information available 
at the time the Amendment 5 document was finalized by the Councils. 
Subsequent to the Councils taking final action on Amendment 5, the 
results of SARC 50 became available, which revealed new scientific 
information that, when included in the Councils' interim ABC approach, 
reduced the monkfish NFMA ABC. In response to the new assessment, the 
SSC revisited its previous ABC recommendation at a meeting in August 
2010. The SSC, after much discussion concerning the uncertainty with 
the new assessment

[[Page 47534]]

and alternate methods for calculating ABC to account for this 
uncertainty, agreed to maintain the existing interim ABC approach it 
previously recommended. Using this interim ABC approach, the SSC 
recalculated the recommended ABC in Amendment 5 to incorporate the 
results of SARC 50. Based on the recalculation of the ABCs, the SFMA's 
ACT and associated DAS and trip limit measures were found to still be 
consistent with the new ABC and ACL, and they were approved by NMFS in 
Amendment 5. The recalculated ABC for the NFMA, on the other hand, was 
reduced from 10,750 mt to 7,592 mt, creating an inconsistency with the 
Amendment 5 recommended ABC, ACT, and associated NFMA DAS and trip 
limit measures. Based on this inconsistency, NMFS disapproved Amendment 
5's proposed specifications for the NFMA.
    This disapproval left current measures in effect for the NFMA until 
they are superseded by a revised ACT and specification of DAS and trip 
limits as proposed in this action. Because it was too late for the 
Councils to revise Amendment 5's NFMA measures in a timely fashion for 
fishing year (FY) 2011, the Councils initiated Framework 7 in September 
2010, to revise the ACT for the NFMA to be consistent with the most 
recent scientific advice. Leaving the current measures in place was 
considered as an acceptable interim measure because they are more 
conservative than measures being proposed by this framework. This 
framework reconfirms the SFMA ABC and associated specifications and 
management measures that were included in the approval and 
implementation of Amendment 5. This framework would also update the 
biomass reference points in the monkfish FMP to be consistent with the 
results of SARC 50.

Proposed Measures

1. ACT

    Framework 7 would adjust the ACT for the NFMA to be consistent with 
the most recent scientific advice regarding the monkfish NFMA ABC. The 
SSC recommended a revision of the NFMA ABC, based on SARC 50, to 7,592 
mt. The proposed ACT for the NFMA in this framework adjustment is 
slightly higher than the current total allowable landing (TAL) in place 
for the NFMA. Because NFMA landings have been well below the TAL for 
the past 2 years (29 percent of the TAL in 2008, and 33 percent of the 
TAL in 2009) it is not expected that monkfish landings will exceed this 
proposed ACT before Framework 7 is implemented. Any landings that occur 
between when Amendment 5 was implemented on May 25, 2011, and the time 
the Framework 7 final rule is effective would accrue against the ACT 
for the current FY and be used to trigger AMs, if necessary.
    Three options (from 73 to 86.5 percent of the ABC) were considered 
by the Council for setting the NFMA ACT at a level below the revised 
ACL. The Councils' preferred alternative, and the alternative in this 
proposed rule, would set the ACT at 86.5 percent of the ABC, or 6,567 
mt. Once implemented, this NFMA ACT would be midway between the current 
TAL and the ABC.

2. Specification of DAS and Trip Limits

    The DAS allocations and trip limit options proposed in this action 
are calculated so as to achieve, but not go over the recommended ACT. 
The proposed trip limits for the NFMA for permit Categories A and C 
would be 1,250 lb (567 kg) and 600 lb (272 kg) for permit Categories B 
and D, with all categories having a DAS allocation of 40.

3. Revision to Biological Reference Points

    This action would revise the biological reference points in the 
Monkfish FMP to be consistent with those recommended by the SSC and 
SARC 50. In the SARC 50 report, the Southern Demersal Working Group 
recommended an approach that would set biomass target reference points 
based on the long-term projected biomass (B) corresponding to the 
fishing mortality rate (F) at maximum sustainable yield, or its proxy, 
which for monkfish is Fmax. This recommendation, along with 
the recommendation to set B threshold reference points at one-half of 
the target, would be more consistent with National Standard 1 
Guidelines. This would establish a Btarget of 52,930 mt for 
the NFMA and 74,490 mt for the SFMA, and Bthreshold of 
26,465 mt for the NFMA and 37,245 mt for the SFMA.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the Monkfish FMP, Framework 7, 
other provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    Pursuant to Executive Order 12866, the Office of Management and 
Budget has determined that this proposed rule is not significant.
    The New England Council prepared an EA for Framework 7 to the 
Monkfish FMP that discusses the impact on the environment as a result 
of this rule. A copy of the EA is available from the Council (see 
ADDRESSES).
    An IRFA has been prepared for this rule, as required by section 603 
of the Regulatory Flexibility Act (RFA), that consists of the draft 
IRFA in Framework 7, this preamble, and the following summary. The IRFA 
describes the economic impacts 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 section in the preamble and in the SUMMARY section of 
the preamble. A summary of the analysis follows. A copy of this 
analysis is available from the New England Council (see ADDRESSES).
    For purposes of the IRFA, 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 annual gross sales). Although multiple vessels may be 
owned by a single owner, available tracking of ownership is not readily 
available to reliably ascertain affiliated entities. Therefore, for 
purposes of analysis, each permitted vessel is treated as a single 
entity. Information on costs in the fishery is not readily available 
and individual vessel profitability cannot be determined directly; 
therefore, expected changes in gross revenues were used as a proxy for 
profitability.
    This proposed rule does not duplicate, overlap, or conflict with 
other Federal rules.

Description and Estimate of Number of Small Entities to Which the Rule 
Would Apply

    The management measures proposed in Framework 7 have the potential 
to affect all Federally permitted monkfish vessels that are actively 
participating in the fishery. As of September 2009, there were 758 
limited access monkfish permit holders and 2,156 open access permit 
holders. Of these, 573 limited access permit holders (76 percent) 
actively participated in the monkfish fishery during the 2008 FY, while 
only 504 open access permit holders (23 percent) actively participated 
in the fishery during this time period. Thus, this action is expected 
to impact at least 1,077 currently active monkfish permit holders.
    The majority of the measures proposed in this action are specific 
to the NFMA, and, thus, would apply to

[[Page 47535]]

vessels that fish primarily in the NFMA. Of the 546 vessels that 
participated in the fishery in FY 2009, 232 reported fishing in the 
NFMA. Of the 232, 115 reported fishing only in the NFMA and 171 in both 
the NFMA and SFMA. Accordingly, this action would mainly impact 
approximately 232 vessels that fish in the NFMA.

Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives

1. ACT

    The purpose of establishing an ACT as a measure for triggering a 
proactive AM is to account for management uncertainty in the ability of 
management measures in the Monkfish FMP (mainly DAS and trip limits) to 
limit catch to the prescribed level. The ACT is set lower than the ACL 
to serve as buffer between the ACL and the ACT to account for 
management uncertainty, and is intended to prevent overfishing from 
occurring in the event management measures to limit catch are not 
entirely successful. Since the ACT incorporates discards, actions that 
reduce discards or management uncertainty would allow for the 
establishment of an ACT that is closer to the ACL, resulting in higher 
monkfish revenues and benefits to vessels, but only if the allocation 
is actually landed versus discarded or left uncaught.
    The Councils considered three ACT alternatives which would set the 
ACT at 73 percent, 80 percent, and 86.5 percent of the monkfish NFMA 
ABC, or 5,550 mt, 6,074 mt, and 6,567 mt respectively. The proposed ACT 
is 6,567 mt, or 86.5 percent of the monkfish NFMA ABC, the highest of 
the three levels considered by the Councils. This level results in the 
potential for higher revenues than the other alternatives considered, 
while still maintaining a robust buffer between the ACT and ACL to 
account for management uncertainty. By setting the ACT at this level, 
it is likely, based on historical landings in the NFMA that vessels 
will harvest this amount, although in FY 2008 landings were only 71 
percent of the proposed ACT.
    The no action alternative would not establish the ABC, ACL, or ACT 
for the NFMA of the monkfish fishery, and, therefore, would be 
inconsistent with the Magnuson-Stevens Act and National Standard 1 
Guideline requirements to do so. Although there is likely no direct 
economic effect of taking no action, it could have a negative economic 
impact if the long-term sustainability of the monkfish fishery were 
affected by not establishing these management measures.
    Actual quantification of the economic impacts of the proposed ACT 
requires specification of management measures, in the form of DAS and 
trip limits, to achieve the proposed ACT levels, as described below.

2. Specification of DAS and Trip Limits

    A modified trip limit model was utilized to assess the impact of 
the DAS and trip limit options, under each ACT option, on monkfish 
revenues. The model is different from models used for prior monkfish 
actions in that it accounts for potential impacts on monkfish trips 
(higher retention and additional trips) resulting from increases in DAS 
and trip limits. A detailed description of the model was provided in 
Amendment 5 to the Monkfish FMP. Specification options comparable to 
those associated with the preferred NFMA ACT option were analyzed in 
Amendment 5 using FY 2008 data. This analysis is used to predict 
impacts of the revised DAS and trip limits under the proposed ACT 
levels in this framework adjustment.
    The trip limit model was used to assess the impacts on monkfish 
revenues of the proposed DAS and trip limit options included in the 
framework on vessels fishing in only the NFMA, only in the SFMA, and in 
both management areas. For all alternatives, permit Categories A and C 
trip limits remain at 1,250 lb (567 kg), while the permit Categories B 
and D trip limits range from 465 lb (211 kg) to 686 lb (311 kg), and 
DAS allocations for all limited access permit types range from 31 to 45 
DAS. For vessels fishing only in the NFMA, the trip limit model 
predicts that, under the proposed DAS and trip limit options for the 
NFMA, per trip average vessel return would increase from 0.2 percent to 
1.7 percent, whereas average crew payment would increase from 0.5 
percent to 1.6 percent, depending on different DAS allocations and trip 
limit alternatives. The increase in total monkfish revenue ranges from 
0.8 percent to 16.1 percent under the proposed alternatives. Compared 
to the status quo, the proposed DAS and trip limits would maintain the 
current A and C Category permit holders trip limits at 1,250 lb (567 
kg) and would increase B and D Category permit holders trip limits to 
600 lb (272 kg), as well as increase DAS to 40 for both permit 
Categories. These measures would lead to a 0.5-percent increase in per 
trip average vessel return, 0.5-percent increase in crew payment, and 
10.0-percent increase in total monkfish revenue. The maximum benefit in 
terms of percentage increase in average vessel return and monkfish 
revenue is expected to result from option 3B, the Councils' proposed 
option 3C, which would increase trip limits for Category B and D permit 
holders while maintaining current trip limits for Category A and C 
permit holders and also increase the DAS allocation for both permit 
categories. Although option 3B could lead to a higher percent increase 
in average vessel return, the Councils preferred a higher trip limit 
rather than a higher DAS allocation, thus preferred option 3C.
    Vessels fishing in both management areas would be simultaneously 
affected by DAS and trip limit alternatives proposed for the NFMA. 
Although vessels that fish in both the NFMA and the SFMA may be more 
likely to change fishing locations than those that fish solely in one 
area, the trip limit model assumes that these vessels will continue to 
fish in the same locations. The results of the trip limit model 
indicate that there is no single DAS and trip limit alternative 
combination for the NFMA that leads to a best outcome in terms of 
impact on average vessel return, average crew payment, and total 
monkfish revenue. The largest increase in monkfish revenue is realized 
under option 3B with an incidental limit of 300 lb (136 kg), a 1,250-lb 
(567-kg) trip limit for Category A and C vessels, a 470-lb (213-kg) 
trip limit for Category B and D vessels, and 45 DAS in the NFMA, in 
combination with the SFMA levels of a 50-lb (23-kg) incidental limit; 
550-lb (249-kg) trip limit for A, C, and G vessels; 450-lb (204-kg) 
trip limit for B, D and H vessels; and 28 DAS in the SFMA. Under the 
proposed measures for NFMA, the monkfish revenue for the vessels 
fishing in both the NFMA and SFMA would increase by 17.4 percent.

3. Biological Reference Point Alternatives

    The proposed action to change the biological reference points in 
the Monkfish FMP would have no immediate impact on vessels, since these 
changes do not directly change any management measures or modify vessel 
level aspects of the Monkfish FMP. However, the establishment of new 
reference points that are consistent with NS1 guidance would allow for 
better monitoring and management of the monkfish fishery, potentially 
resulting in positive effects on vessels in the future. The no action 
alternative would maintain the existing biological and management 
reference points in the Monkfish FMP. As a result, taking no action 
would result in no additional economic impacts beyond those

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identified in earlier actions affecting this fishery.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: August 2, 2011.
Samuel D. Rauch III,
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, revise paragraph (b)(1)(i) to read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (i) General provision. Limited access monkfish permit holders shall 
be allocated 40 monkfish DAS each fishing year to be used in accordance 
with the restrictions of this paragraph (b), unless otherwise 
restricted by paragraph (b)(1)(ii) of this section or modified by Sec.  
648.96(b)(3), or unless the vessel is enrolled in the Offshore Fishery 
Program in the SFMA, as specified in paragraph (b)(1)(iv) of this 
section. The annual allocation of monkfish DAS shall be reduced by the 
amount calculated in paragraph (b)(1)(v) of this section for the 
research DAS set-aside. Limited access NE multispecies and limited 
access sea scallop permit holders who also possess a limited access 
monkfish permit must use a NE multispecies or sea scallop DAS 
concurrently with each monkfish DAS utilized, except as provided in 
paragraph (b)(2) of this section, unless otherwise specified under this 
subpart F.
* * * * *
    3. In Sec.  648.94, revise paragraph (b)(1)(ii) to read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (1) * * *
    (ii) Category B and D vessels. Limited access monkfish Category B 
and D vessels that fish under a monkfish DAS exclusively in the NFMA 
may land up to 600 lb (272 kg) tail weight or 1,746 lb (792 kg) whole 
weight of monkfish per DAS (or any prorated combination of tail weight 
and whole weight based on the conversion factor for tail weight to 
whole weight of 2.91). For every 1 lb (0.45 kg) of tail only weight 
landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish heads 
only, as described in paragraph (a) of this section.
* * * * *
[FR Doc. 2011-19925 Filed 8-4-11; 8:45 am]
BILLING CODE 3510-22-P