Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; Framework Adjustment 1 to the Atlantic Deep-Sea Red Crab Fishery Management Plan, 44066-44069 [05-15142]
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44066
Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations
the surface water in Rhinehart’s Pond,
Massey Run, and Hogue Creek; and,
decommission the previously
constructed facilities. These RAOs were
met by treating the surface water in
Rhinehart’s Pond; removing, solidifying,
and disposing of the sediment in
Rhinehart’s Pond which exceeded 1,600
mg/kg of zinc; removing and disposing
of the sediment in Massey Run which
exceeded 1,600 mg/kg of zinc; and
decommissioning the facilities
previously constructed. Monitoring was
performed on the treatment plant
discharge to ensure the effluent
standards were met. Confirmatory
sampling was performed to ensure that
the cleanup level was achieved in
Rhinehart’s Pond. Confirmatory
sampling was not performed for the
sediment removal in Massey Run
because EPA identified all of the stream
pools in which sediment had to be
removed and all of the sediment was
removed in each of these pools.
Operation and Maintenance
The facilities constructed under OU–
1 were operated and maintained by EPA
from 1992 to 2002. The Commonwealth
of Virginia contributed its ten percent
share of these operation and
maintenance costs through a Superfund
State Contract.
All of the facilities constructed under
OU–1 were decommissioned as part of
the OU–3 Remedial Action, leaving
nothing left to operate or maintain. In
addition, re-vegetation of the site
(performed as part of OU–3) was
designed to return the site to a natural
condition. The trees, bushes, and grass
seed mixtures used were selected by the
U.S. Fish & Wildlife Service because
they are indigenous to the area. During
the June 21, 2004 inspection, the U.S.
Fish & Wildlife Service verified that
significant plant and tree species had
taken root within the stream area and
along the stream banks, with good plant
diversity and healthy condition.
Five-Year Review
CERCLA requires a five-year review of
all sites where the remedial action
results in hazardous substances,
pollutants or contaminants remaining at
the site above levels that allow for
unlimited use and unrestricted
exposure. EPA has completed two FiveYear Reviews for this Site. The first was
completed on September 12, 1997
(while clean-up was ongoing) and the
second on November 6, 2002 (just at the
end of the OU–3 Remedial Action).
Since all of the remaining
contaminated media (surface water and
sediment from Rhinehart’s Pond and
sediment from Massey Run) was
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removed from the Site as part of the
OU–3 Remedial Action, there are no
hazardous substances, pollutants or
contaminants remaining at the Site
above levels that allow for unlimited
use and unrestricted exposure. Thus, no
additional Five-Year reviews will be
conducted. Further, there are no
institutional controls needed for this
Site.
Community Involvement
Public participation activities have
been satisfied as required in CERCLA
section 113(k), 42 U.S.C. 9613(k), and
CERCLA section 117, 42 U.S.C. 9617.
Documents in the Site docket which
EPA relied on for recommendation of
the deletion of the Site from the NPL are
available to the public in the
information repositories.
V. Deletion Action
EPA, with the concurrence of the
Commonwealth of Virginia through the
Department of Environmental Quality,
has determined that all appropriate
responses under CERCLA have been
completed at the Site, and that no
further response actions are necessary.
Therefore, EPA is deleting the Site from
the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication of a
notice of intent to delete. This action
will be effective September 30, 2005,
unless EPA receives adverse comments
by August 31, 2005, on this notice or the
parallel notice of intent to delete
published in the ‘‘Proposed Rules’’
section of today’s Federal Register. If
adverse comments are received within
the 30-day public comment period, EPA
will publish a timely withdrawal of this
direct final notice of deletion before the
effective date of the deletion and it will
not take effect and EPA will also
prepare a response to comments and
continue with the deletion process on
the basis of the notice of intent to delete
and the comments already received.
There will be no additional opportunity
to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: July 26, 2005.
Donald S. Welsh,
Regional Administrator, U.S. EPA Region III.
For the reasons set out in the preamble,
40 CFR part 300 is amended as follows:
I
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PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p.351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p.193.
Appendix B—[Amended]
I 2. Table 1 of Appendix B to Part 300
is amended under Virginia (‘‘VA’’) by
removing the site name ‘‘Rhinehart Tire
Fire Dump.’’
[FR Doc. 05–15151 Filed 7–29–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 050510127–5190–02; I.D.
050305D]
RIN 0648–AS35
Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fishery; Framework Adjustment 1 to
the Atlantic Deep-Sea Red Crab
Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS issues final regulations
to implement Framework Adjustment 1
to the Atlantic Deep-Sea Red Crab (Red
Crab) Fishery Management Plan (FMP).
This final rule modifies the existing
annual review and specification process
by allowing specifications to be set for
up to 3 years at a time, and continues
the current target total allowable catch
(TAC) of 5.928 million lb (2.69 million
kg) and fleet days-at-sea (DAS) of 780
fleet DAS for fishing year (FY) 2006 and
FY2007. The purpose of this action is to
conserve and manage the red crab
resource, reduce the staff resources
necessary to effectively manage this
fishery, and provide consistency and
predictability to the industry.
DATES: This rule is effective August 31,
2005.
ADDRESSES: Copies of supporting
documents, including the
Environmental Assessment (EA),
Regulatory Impact Review (RIR), the
Initial Regulatory Flexibility Analysis
(IRFA), and Stock Assessment and
Fishery Evaluation (SAFE) Report, are
available from Paul J. Howard,
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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations
Executive Director, New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
The EA/RIR/IRFA is also accessible via
the Internet at https://
www.nero.nmfs.gov. The Final
Regulatory Flexibility Analysis (FRFA)
consists of the IRFA, public comments
and responses contained in this final
rule, and the summary of impacts and
alternatives contained in this final rule.
FOR FURTHER INFORMATION CONTACT: E.
Martin Jaffe, Fishery Policy Analyst,
(978) 281–9272.
SUPPLEMENTARY INFORMATION: This final
rule implements measures contained in
Framework Adjustment 1 to the FMP
(Framework 1) that modify the existing
annual review and specifications
process by allowing specifications to be
set for up to 3 years at a time, and
continues the current target total
allowable catch (TAC) of 5.928 million
lb (2.69 million kg) and 780 fleet DAS
for FY2006 and FY2007. Details
concerning the justification for and
development of Framework 1 and the
implementing regulations were
provided in the preamble to the
proposed rule (70 FR 29265, May 20,
2005) and are not repeated here.
Multi-Year Specifications Process
The Council identified 3 years as an
appropriate length of time to reduce the
administrative burden associated with
an annual review cycle without
increasing the risk of over-harvesting
the red crab resource. The appropriate
environmental and regulatory reviews
required under the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), the
National Environmental Policy Act
(NEPA), and other applicable laws will
be completed during the year in which
3–year specifications are set. The Red
Crab Plan Development Team (PDT)
will complete an updated SAFE Report
every 3 years, and recommend
specifications for up to 3 of the
following fishing years, and will
continue to evaluate the red crab stock
and fishery status annually. The annual
evaluation will focus on the most recent
fishery-dependent information
including, but not limited to, DAS used
and red crab landings. More
comprehensive analyses will be
conducted in the SAFE Report every 3
years. The Council retains the flexibility
to set red crab specifications for less
than 3 years based on new information
and/or recommendations from the PDT.
Multi-year specifications provide the
industry with greater regulatory
consistency and predictability, and
simplifies the process by reducing the
frequency of Council decision-making
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and NMFS rulemaking. However, the
maximum 3–year specification process
does not prevent the Council from
changing specifications during the
interim years, if information obtained
during the annual review indicates that
the red crab specifications warrant a
change, e.g., to comply fully with the
Magnuson-Stevens Act.
This action is not expected to have
any substantial direct social or
economic impact on the red crab
fishery. All potential impacts on the
resources associated with this fishery
will derive from the additional level of
risk to these resources that could occur
if the specifications are set at too high
a level. If specifications are set too high,
then there could be a greater risk of
overfishing. However, the annual review
required under this action provides the
opportunity for the Council to adjust the
out-year specifications, if new
information indicates that the out-year
specifications were set at an
inappropriate level.
FY2006 and FY2007 Specifications
For FY2006 and FY2007, this action
continues the current (FY2005) TAC of
5.928 million lb (2.69 million kg) and
780 fleet DAS. Because the small fishing
fleet has neither exceeded an annual
TAC nor used all of its allocated DAS
since implementation of the FMP,
landings are not expected to exceed
established amounts.
The measures implemented under the
FMP are expected to continue to protect
the resource from overexploitation and
maintain a sustainable fishery. Because
this action maintains the status quo, it
is expected to have the same effect as
previously analyzed actions.
Because the FMP is managed under a
target TAC, rather than a hard TAC
requiring the closing of the fishery when
the TAC is reached, there is no direct
mechanism to prevent the fishery from
exceeding the TAC; however, the DAS
management program implemented
under the FMP was designed to
constrain red crab fishing effort to a
level consistent with, or less than that
which would allow the resource to
produce maximum sustainable yield,
while still providing sufficient
opportunity to harvest the target TAC.
Therefore, as DAS are adjusted, the level
of potential red crab harvest is expected
to adjust accordingly, assuming a
constant harvest rate per day-at-sea.
In terms of the biological impacts on
other non-target species and the
ecosystem, based on analysis in the
FMP/EIS, it is unlikely that any of the
alternatives in the EA/RIR/IRFA would
have an impact. There is very little
known about the interactions of the
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deep-sea red crab with other species and
their associated communities. The FMP
explains that initial reports from
industry members indicate that there is
very little, if any, bycatch of other
species in the directed red crab fishery.
According to the recent SAFE Report
(October 2004), there are no records of
observed red crab trips in the observer
database, and the trips that are recorded
in the Vessel Trip Report (VTR)
database have very little bycatch
information. The FMP did identify that
the bycatch of red crab in other fisheries
may be a more substantial issue.
However, the bycatch of red crab in
other fisheries is not pertinent to this
action.
Comments and Responses
During the comment period for the
proposed rule (70 FR 29265, May 20,
2005), which ended June 20, 2005, two
e-mails with comments were received
from the same commenter.
Comment: The commenter is opposed
to a multi-year time frame and stated
that the stock conditions change
annually, and that a multi-year time
frame lends itself to less accurate setting
of quotas.
Response: The PDT will continue to
undertake an annual evaluation of the
red crab stock and fishery status. The
multi-year specification process does
not prevent the Council from setting
specifications during the interim years,
if information obtained during the
annual review indicates that the red
crab specifications warrant a change.
Comment: The commenter stated that
the stock is overfished and that the
quota should be cut by 50 percent this
year, and by 10 percent each year
thereafter.
Response: NMFS determined that the
stock is not overfished. The commenter
gave no specific rationale for the
suggestion that the TAC and fleet DAS
be reduced from what was proposed.
The reasons presented by the Council
and NMFS for implementing these
specifications are discussed in the
preambles to the proposed rule and this
final rule, and are sufficiently analyzed
within the Framework 1 document.
These specifications were developed
based on the best scientific data
available at the time, in accordance with
the requirements of the MagnusonStevens Act. There is no known
scientific basis for reducing the target
TAC and fleet DAS allocation to the
levels suggested by the commenter.
Comment: The commenter suggested
establishment of marine sanctuaries.
Response: While NMFS acknowledges
the importance of the general issues
raised by the commenter, Framework 1
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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations
did not consider or recommend marine
sanctuaries in this fishery, nor are the
establishment of marine sanctuaries in
this fishery called for under applicable
law.
Changes from the Proposed Rule (70 FR
29265, May 20, 2005)
Minor editorial changes were made
from the proposed rule to the final rule
to clarify the intent of, and improve the
readability of, the regulatory text.
Classification
The Administrator, Northeast Region,
NMFS, determined that Framework 1 is
necessary for the conservation and
management of the red crab fishery and
that it is consistent with the MagnusonStevens Act and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
NMFS prepared a FRFA, which
incorporates the IRFA, a summary of the
significant issues raised by the public
comments in response to the IRFA,
NMFS responses to those comments,
and a summary of the analyses
completed to support the action. A copy
of the IRFA is available from the
Council (see ADDRESSES).
The preamble to the proposed rule (70
FR 29265, May 20, 2005) included a
detailed summary of the analyses
contained in the IRFA, and that
discussion is not repeated here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
This rule is necessary to modify the
existing annual review and specification
process to allow specifications to be set
for up to 3 years in advance, and
establishes the fishery specifications for
FY2006 and FY2007. The purpose of
this rule is to conserve and manage the
red crab resource, reduce the staff
resources necessary to effectively
manage this fishery, and provide
consistency and predictability to the
industry. A full description of the
reasons why this action is being
considered, and the objectives and legal
basis for this action, are explained in the
preambles to the proposed rule and this
final rule and are not repeated here.
Summary of Significant Issues Raised in
Public Comments
No comments related to the economic
analyses in the IRFA or the economic
impacts of the rule generally were
received. No changes to the proposed
rule were made as a result of public
comments. For a summary of the
comments received, and NMFS’s
responses to them, see ‘‘Comments and
Responses.’’
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Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
According to the Small Business
Administration standards, any fish
harvesting or hatchery business is a
small entity if it is independently
owned and operated and not dominant
in its field of operations, and if it has
annual receipts of not in excess of $3.5
million. There are five vessels with
limited access permits in this fishery,
and all of them meet the criteria for
small entities; therefore, there is no
disproportionate effect between large
and small entities. All the alternatives
and analyses contained in Framework 1
necessarily reflect on these five vessels.
Description of Projected Reporting,
Recordkeeping, and other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
Description of the Steps Taken to
Minimize Economic Impacts on Small
Entities
The Council prepared an economic
analysis that describes the economic
impact that this rule will have on small
entities. A summary of the analysis
follows:
As stated in the preamble to the
proposed rule, this action incorporates
two separate, but related, decisions of
the Council. First, the Council
determined that it would modify the
annual review and specification process
(Decision 1), rather than maintaining the
status quo, which would require that
specifications be set annually. After the
Council elected to modify the annual
review and specification process, it then
decided to propose the specifications for
FY2006 and FY2007 (Decision 2) in
order to give effect to Decision 1.
Decision 1, which dealt solely with
the 3–year review and specification
cycle for the alternatives considered,
had two options. Option 1 would not
have required an annual review of the
status of the red crab resource and
fishery, while Option 2 (this final
action) does require such review.
Neither option would have a direct
economic impact on the vessels with
limited access permits in the red crab
fishery; therefore, there are no
alternatives available that would result
in different economic impacts on
affected small entities.
Decision 2, which dealt solely with
the specifications for FY2006 and
FY2007, originally identified three
alternatives. Two of these became the
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same alternative (i.e., the resulting target
TAC and fleet DAS were equal) so that
the remaining two were evaluated in the
economic analysis once the Council’s
choice of specifications for FY2005 was
made (see 70 FR 7190, February 11,
2005). This action will continue the
same TAC (5.928 million lb (2.69
million kg) and fleet DAS allocation
(780) as in FY2004 and FY2005. The
non-preferred alternative would have
continued the same target TAC, but
would have allocated 5 percent fewer
total fleet DAS than the DAS allocation
for FY2005. This allocation would have
remained the same for FY2006 and
FY2007. Therefore, under the nonpreferred alternative, the DAS allocation
for both fishing years would have been
741, rather than the 780 DAS to be
implemented under this action.
No adverse economic impacts
associated with the fleet allocation of
780 DAS are expected. Since the
implementation of the FMP, in no year
has any vessel utilized its full DAS
allocation, such that no regulatory
barriers have existed to prevent vessels
from increasing their landings and
revenue. Accordingly, the potential
remains for vessels to increase their
revenues over and above those of recent
years.
No significant alternatives exist that
would increase expected direct
economic benefits relative to the
alternative implemented in this rule.
The only potential way to increase
expected economic benefits above those
expected as a result of this rule would
be to further increase the target TAC and
DAS allocated to the fleet. However, all
scenarios in which the target TAC and
allocated fleet DAS are higher than
5.928 million lb (2.69 million kg) and
780 DAS, respectively, would
compromise the objective of the FMP
and the legal mandate of the MagnusonStevens Act to prevent overfishing. This
action is not expected to alter the
fishing practices of the four vessels
actively participating, of the five vessels
permitted, in the fishery.
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 letter to permit
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Federal Register / Vol. 70, No. 146 / Monday, August 1, 2005 / Rules and Regulations
holders that also serves as a small entity
compliance guide (the guide) was
prepared. Copies of this final rule are
available from the NMFS Northeast
Regional Office, and the guide, i.e.,
permit holder letter, will be sent to all
holders of limited access permits for the
red crab fishery. The guide and this
final rule are available at the following
web site: https://www.nero.noaa.gov/
nero/.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 25, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble,
50 CFR part 648 is amended as follows:
I
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
[FR Doc. 05–15142 Filed 7–29–05; 8:45 am]
2. Section 648.260 is amended by
revising the section heading and
paragraphs (a) introductory text, (b)
introductory text, and (b)(1) to read as
follows:
I
§ 648.260
Specifications.
(a) Process for setting specifications.
The Council’s Red Crab Plan
Development Team (PDT) shall prepare
a Stock Evaluation and Assessment
(SAFE) Report at least every 3 years.
Based on the SAFE Report, the PDT
shall develop and present to the Council
recommended specifications as defined
in this paragraph (a) for up to 3 fishing
years. The PDT shall meet at least once
annually during the intervening years
between SAFE Reports to review the
status of the stock and the fishery. Based
on such review, the PDT shall provide
a report to the Council on any changes
or new information about the red crab
stock and/or fishery, and it shall
recommend whether the specifications
for the upcoming years need to be
modified. The annual review shall be
limited in scope and shall concentrate
on the most recent fishery-dependent
information including, but not limited
to, days-at-sea (DAS) used and red crab
landings. In the event that the PDT
recommends an adjustment to the
specifications, the PDT shall prepare a
supplemental specifications package for
a specific time duration up to 3 years.
Specifications include the specification
of OY, the setting of any target TACs,
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allocation of DAS, and/or adjustments
to trip/possession limits.
*
*
*
*
*
(b) Development of specifications. In
developing the management measures
and specifications, the PDT shall review
at least the following data, if available:
Commercial catch data; current
estimates of fishing mortality and catchper-unit-effort (CPUE); stock status;
recent estimates of recruitment; virtual
population analysis results and other
estimates of stock size; sea sampling,
port sampling, and survey data or, if sea
sampling data are unavailable, length
frequency information from port
sampling and/or surveys; impact of
other fisheries on the mortality of red
crabs; and any other relevant
information.
(1) The PDT, after its review of the
available information on the status of
the stock and the fishery, may
recommend to the Council any
measures necessary to assure that the
specifications will not be exceeded, as
well as changes to the appropriate
specifications.
*
*
*
*
*
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 040429134–4135–01;
I.D.072205E]
Fisheries Off West Coast States and in
the Western Pacific; West Coast
Salmon Fisheries; Inseason Action
#2—Adjustment of the Commercial
Salmon Fishery from the U.S.-Canada
Border to Cape Falcon, Oregon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
fishing seasons; request for comments.
AGENCY:
SUMMARY: NMFS announces that the
commercial salmon fishery in the area
from the U.S.-Canada Border to Cape
Falcon, OR was modified. The fourth
open period for the May-June fishery
scheduled to open May 20, 2005, was
extended from 4 to 7 days, with a 125–
Chinook possession and landing limit
for the 7–day open period. The area
closed at midnight on May 26, 2005. All
other restrictions remained in effect as
announced for 2005 ocean salmon
fisheries. This action was necessary to
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44069
conform to the 2005 management goals,
and the intended effect is to allow the
fishery to operate within the seasons
and quotas specified in the 2005 annual
management measures.
DATES: Adjustment effective 0001 hours
local time (l.t.), May 20, 2005, until
2359 hours l.t., May 26, 2005; after
which the fishery will remain closed
until opened through an additional
inseason action for the west coast
salmon fisheries, which will be
published in the Federal Register.
Comments will be accepted through
August 16, 2005.
ADDRESSES: Comments on these actions
must be mailed to D. Robert Lohn,
Regional Administrator, Northwest
Region, NMFS, NOAA, 7600 Sand Point
Way N.E., Bldg. 1, Seattle, WA 98115–
0070; or faxed to 206–526–6376; or Rod
McInnis, Regional Administrator,
Southwest Region, NMFS, NOAA, 501
W. Ocean Blvd., Suite 4200, Long
Beach, CA 90802–4132; or faxed to 562–
980–4018. Comments can also be
submitted via e-mail at the
2005salmonIA2.nwr@noaa.gov address,
or through the internet at the Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments,
and include I.D. 072205E in the subject
line of the message. Information
relevant to this document is available
for public review during business hours
at the Office of the Regional
Administrator, Northwest Region,
NMFS.
FOR FURTHER INFORMATION CONTACT:
Christopher Wright, 206–526–6140.
SUPPLEMENTARY INFORMATION: The
NMFS Regional Administrator (RA)
modified the season for the commercial
salmon fishery in the area from the U.S.Canada Border to Cape Falcon, OR by
inseason action. The fourth open period
for the May-June fishery scheduled to
open May 20, 2005, was extended from
4 to 7 days, with a 125–Chinook
possession and landing limit for the 7–
day open period. On May 20, 2005, the
RA determined that available catch and
effort data indicated that the 29,000
Chinook quota for the May-June fishery
would likely be attained by the end of
the extended period. The area closed at
midnight on May 26, 2005. The fishery
was to remain closed until further
notice, but was scheduled to be
reevaluated on May 31. If there was
sufficient quota remaining, any further
openers were to be announced.
All other restrictions remained in
effect as announced for 2005 ocean
salmon fisheries. This action was
necessary to conform to the 2005
management goals, and the intended
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]]>Agencies
[Federal Register Volume 70, Number 146 (Monday, August 1, 2005)]
[Rules and Regulations]
[Pages 44066-44069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15142]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 050510127-5190-02; I.D. 050305D]
RIN 0648-AS35
Fisheries of the Northeastern United States; Atlantic Deep-Sea
Red Crab Fishery; Framework Adjustment 1 to the Atlantic Deep-Sea Red
Crab Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues final regulations to implement Framework
Adjustment 1 to the Atlantic Deep-Sea Red Crab (Red Crab) Fishery
Management Plan (FMP). This final rule modifies the existing annual
review and specification process by allowing specifications to be set
for up to 3 years at a time, and continues the current target total
allowable catch (TAC) of 5.928 million lb (2.69 million kg) and fleet
days-at-sea (DAS) of 780 fleet DAS for fishing year (FY) 2006 and
FY2007. The purpose of this action is to conserve and manage the red
crab resource, reduce the staff resources necessary to effectively
manage this fishery, and provide consistency and predictability to the
industry.
DATES: This rule is effective August 31, 2005.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment (EA), Regulatory Impact Review (RIR), the Initial Regulatory
Flexibility Analysis (IRFA), and Stock Assessment and Fishery
Evaluation (SAFE) Report, are available from Paul J. Howard,
[[Page 44067]]
Executive Director, New England Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950. The EA/RIR/IRFA is also
accessible via the Internet at https://www.nero.nmfs.gov. The Final
Regulatory Flexibility Analysis (FRFA) consists of the IRFA, public
comments and responses contained in this final rule, and the summary of
impacts and alternatives contained in this final rule.
FOR FURTHER INFORMATION CONTACT: E. Martin Jaffe, Fishery Policy
Analyst, (978) 281-9272.
SUPPLEMENTARY INFORMATION: This final rule implements measures
contained in Framework Adjustment 1 to the FMP (Framework 1) that
modify the existing annual review and specifications process by
allowing specifications to be set for up to 3 years at a time, and
continues the current target total allowable catch (TAC) of 5.928
million lb (2.69 million kg) and 780 fleet DAS for FY2006 and FY2007.
Details concerning the justification for and development of Framework 1
and the implementing regulations were provided in the preamble to the
proposed rule (70 FR 29265, May 20, 2005) and are not repeated here.
Multi-Year Specifications Process
The Council identified 3 years as an appropriate length of time to
reduce the administrative burden associated with an annual review cycle
without increasing the risk of over-harvesting the red crab resource.
The appropriate environmental and regulatory reviews required under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the National Environmental Policy Act (NEPA), and other
applicable laws will be completed during the year in which 3-year
specifications are set. The Red Crab Plan Development Team (PDT) will
complete an updated SAFE Report every 3 years, and recommend
specifications for up to 3 of the following fishing years, and will
continue to evaluate the red crab stock and fishery status annually.
The annual evaluation will focus on the most recent fishery-dependent
information including, but not limited to, DAS used and red crab
landings. More comprehensive analyses will be conducted in the SAFE
Report every 3 years. The Council retains the flexibility to set red
crab specifications for less than 3 years based on new information and/
or recommendations from the PDT.
Multi-year specifications provide the industry with greater
regulatory consistency and predictability, and simplifies the process
by reducing the frequency of Council decision-making and NMFS
rulemaking. However, the maximum 3-year specification process does not
prevent the Council from changing specifications during the interim
years, if information obtained during the annual review indicates that
the red crab specifications warrant a change, e.g., to comply fully
with the Magnuson-Stevens Act.
This action is not expected to have any substantial direct social
or economic impact on the red crab fishery. All potential impacts on
the resources associated with this fishery will derive from the
additional level of risk to these resources that could occur if the
specifications are set at too high a level. If specifications are set
too high, then there could be a greater risk of overfishing. However,
the annual review required under this action provides the opportunity
for the Council to adjust the out-year specifications, if new
information indicates that the out-year specifications were set at an
inappropriate level.
FY2006 and FY2007 Specifications
For FY2006 and FY2007, this action continues the current (FY2005)
TAC of 5.928 million lb (2.69 million kg) and 780 fleet DAS. Because
the small fishing fleet has neither exceeded an annual TAC nor used all
of its allocated DAS since implementation of the FMP, landings are not
expected to exceed established amounts.
The measures implemented under the FMP are expected to continue to
protect the resource from overexploitation and maintain a sustainable
fishery. Because this action maintains the status quo, it is expected
to have the same effect as previously analyzed actions.
Because the FMP is managed under a target TAC, rather than a hard
TAC requiring the closing of the fishery when the TAC is reached, there
is no direct mechanism to prevent the fishery from exceeding the TAC;
however, the DAS management program implemented under the FMP was
designed to constrain red crab fishing effort to a level consistent
with, or less than that which would allow the resource to produce
maximum sustainable yield, while still providing sufficient opportunity
to harvest the target TAC. Therefore, as DAS are adjusted, the level of
potential red crab harvest is expected to adjust accordingly, assuming
a constant harvest rate per day-at-sea.
In terms of the biological impacts on other non-target species and
the ecosystem, based on analysis in the FMP/EIS, it is unlikely that
any of the alternatives in the EA/RIR/IRFA would have an impact. There
is very little known about the interactions of the deep-sea red crab
with other species and their associated communities. The FMP explains
that initial reports from industry members indicate that there is very
little, if any, bycatch of other species in the directed red crab
fishery. According to the recent SAFE Report (October 2004), there are
no records of observed red crab trips in the observer database, and the
trips that are recorded in the Vessel Trip Report (VTR) database have
very little bycatch information. The FMP did identify that the bycatch
of red crab in other fisheries may be a more substantial issue.
However, the bycatch of red crab in other fisheries is not pertinent to
this action.
Comments and Responses
During the comment period for the proposed rule (70 FR 29265, May
20, 2005), which ended June 20, 2005, two e-mails with comments were
received from the same commenter.
Comment: The commenter is opposed to a multi-year time frame and
stated that the stock conditions change annually, and that a multi-year
time frame lends itself to less accurate setting of quotas.
Response: The PDT will continue to undertake an annual evaluation
of the red crab stock and fishery status. The multi-year specification
process does not prevent the Council from setting specifications during
the interim years, if information obtained during the annual review
indicates that the red crab specifications warrant a change.
Comment: The commenter stated that the stock is overfished and that
the quota should be cut by 50 percent this year, and by 10 percent each
year thereafter.
Response: NMFS determined that the stock is not overfished. The
commenter gave no specific rationale for the suggestion that the TAC
and fleet DAS be reduced from what was proposed. The reasons presented
by the Council and NMFS for implementing these specifications are
discussed in the preambles to the proposed rule and this final rule,
and are sufficiently analyzed within the Framework 1 document. These
specifications were developed based on the best scientific data
available at the time, in accordance with the requirements of the
Magnuson-Stevens Act. There is no known scientific basis for reducing
the target TAC and fleet DAS allocation to the levels suggested by the
commenter.
Comment: The commenter suggested establishment of marine
sanctuaries.
Response: While NMFS acknowledges the importance of the general
issues raised by the commenter, Framework 1
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did not consider or recommend marine sanctuaries in this fishery, nor
are the establishment of marine sanctuaries in this fishery called for
under applicable law.
Changes from the Proposed Rule (70 FR 29265, May 20, 2005)
Minor editorial changes were made from the proposed rule to the
final rule to clarify the intent of, and improve the readability of,
the regulatory text.
Classification
The Administrator, Northeast Region, NMFS, determined that
Framework 1 is necessary for the conservation and management of the red
crab fishery and that it is consistent with the Magnuson-Stevens Act
and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared a FRFA, which incorporates the IRFA, a summary of the
significant issues raised by the public comments in response to the
IRFA, NMFS responses to those comments, and a summary of the analyses
completed to support the action. A copy of the IRFA is available from
the Council (see ADDRESSES).
The preamble to the proposed rule (70 FR 29265, May 20, 2005)
included a detailed summary of the analyses contained in the IRFA, and
that discussion is not repeated here.
Final Regulatory Flexibility Analysis
Statement of Objective and Need
This rule is necessary to modify the existing annual review and
specification process to allow specifications to be set for up to 3
years in advance, and establishes the fishery specifications for FY2006
and FY2007. The purpose of this rule is to conserve and manage the red
crab resource, reduce the staff resources necessary to effectively
manage this fishery, and provide consistency and predictability to the
industry. A full description of the reasons why this action is being
considered, and the objectives and legal basis for this action, are
explained in the preambles to the proposed rule and this final rule and
are not repeated here.
Summary of Significant Issues Raised in Public Comments
No comments related to the economic analyses in the IRFA or the
economic impacts of the rule generally were received. No changes to the
proposed rule were made as a result of public comments. For a summary
of the comments received, and NMFS's responses to them, see ``Comments
and Responses.''
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
According to the Small Business Administration standards, any fish
harvesting or hatchery business is a small entity if it is
independently owned and operated and not dominant in its field of
operations, and if it has annual receipts of not in excess of $3.5
million. There are five vessels with limited access permits in this
fishery, and all of them meet the criteria for small entities;
therefore, there is no disproportionate effect between large and small
entities. All the alternatives and analyses contained in Framework 1
necessarily reflect on these five vessels.
Description of Projected Reporting, Recordkeeping, and other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
Description of the Steps Taken to Minimize Economic Impacts on Small
Entities
The Council prepared an economic analysis that describes the
economic impact that this rule will have on small entities. A summary
of the analysis follows:
As stated in the preamble to the proposed rule, this action
incorporates two separate, but related, decisions of the Council.
First, the Council determined that it would modify the annual review
and specification process (Decision 1), rather than maintaining the
status quo, which would require that specifications be set annually.
After the Council elected to modify the annual review and specification
process, it then decided to propose the specifications for FY2006 and
FY2007 (Decision 2) in order to give effect to Decision 1.
Decision 1, which dealt solely with the 3-year review and
specification cycle for the alternatives considered, had two options.
Option 1 would not have required an annual review of the status of the
red crab resource and fishery, while Option 2 (this final action) does
require such review. Neither option would have a direct economic impact
on the vessels with limited access permits in the red crab fishery;
therefore, there are no alternatives available that would result in
different economic impacts on affected small entities.
Decision 2, which dealt solely with the specifications for FY2006
and FY2007, originally identified three alternatives. Two of these
became the same alternative (i.e., the resulting target TAC and fleet
DAS were equal) so that the remaining two were evaluated in the
economic analysis once the Council's choice of specifications for
FY2005 was made (see 70 FR 7190, February 11, 2005). This action will
continue the same TAC (5.928 million lb (2.69 million kg) and fleet DAS
allocation (780) as in FY2004 and FY2005. The non-preferred alternative
would have continued the same target TAC, but would have allocated 5
percent fewer total fleet DAS than the DAS allocation for FY2005. This
allocation would have remained the same for FY2006 and FY2007.
Therefore, under the non-preferred alternative, the DAS allocation for
both fishing years would have been 741, rather than the 780 DAS to be
implemented under this action.
No adverse economic impacts associated with the fleet allocation of
780 DAS are expected. Since the implementation of the FMP, in no year
has any vessel utilized its full DAS allocation, such that no
regulatory barriers have existed to prevent vessels from increasing
their landings and revenue. Accordingly, the potential remains for
vessels to increase their revenues over and above those of recent
years.
No significant alternatives exist that would increase expected
direct economic benefits relative to the alternative implemented in
this rule. The only potential way to increase expected economic
benefits above those expected as a result of this rule would be to
further increase the target TAC and DAS allocated to the fleet.
However, all scenarios in which the target TAC and allocated fleet DAS
are higher than 5.928 million lb (2.69 million kg) and 780 DAS,
respectively, would compromise the objective of the FMP and the legal
mandate of the Magnuson-Stevens Act to prevent overfishing. This action
is not expected to alter the fishing practices of the four vessels
actively participating, of the five vessels permitted, in the fishery.
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 letter to permit
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holders that also serves as a small entity compliance guide (the guide)
was prepared. Copies of this final rule are available from the NMFS
Northeast Regional Office, and the guide, i.e., permit holder letter,
will be sent to all holders of limited access permits for the red crab
fishery. The guide and this final rule are available at the following
web site: https://www.nero.noaa.gov/nero/.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: July 25, 2005.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
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For the reasons stated in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
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1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. Section 648.260 is amended by revising the section heading and
paragraphs (a) introductory text, (b) introductory text, and (b)(1) to
read as follows:
Sec. 648.260 Specifications.
(a) Process for setting specifications. The Council's Red Crab Plan
Development Team (PDT) shall prepare a Stock Evaluation and Assessment
(SAFE) Report at least every 3 years. Based on the SAFE Report, the PDT
shall develop and present to the Council recommended specifications as
defined in this paragraph (a) for up to 3 fishing years. The PDT shall
meet at least once annually during the intervening years between SAFE
Reports to review the status of the stock and the fishery. Based on
such review, the PDT shall provide a report to the Council on any
changes or new information about the red crab stock and/or fishery, and
it shall recommend whether the specifications for the upcoming years
need to be modified. The annual review shall be limited in scope and
shall concentrate on the most recent fishery-dependent information
including, but not limited to, days-at-sea (DAS) used and red crab
landings. In the event that the PDT recommends an adjustment to the
specifications, the PDT shall prepare a supplemental specifications
package for a specific time duration up to 3 years. Specifications
include the specification of OY, the setting of any target TACs,
allocation of DAS, and/or adjustments to trip/possession limits.
* * * * *
(b) Development of specifications. In developing the management
measures and specifications, the PDT shall review at least the
following data, if available: Commercial catch data; current estimates
of fishing mortality and catch-per-unit-effort (CPUE); stock status;
recent estimates of recruitment; virtual population analysis results
and other estimates of stock size; sea sampling, port sampling, and
survey data or, if sea sampling data are unavailable, length frequency
information from port sampling and/or surveys; impact of other
fisheries on the mortality of red crabs; and any other relevant
information.
(1) The PDT, after its review of the available information on the
status of the stock and the fishery, may recommend to the Council any
measures necessary to assure that the specifications will not be
exceeded, as well as changes to the appropriate specifications.
* * * * *
[FR Doc. 05-15142 Filed 7-29-05; 8:45 am]
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