Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Total Allowable Catches for the Northeast Multispecies Fishery for Fishing Year 2006, 12665-12669 [06-2387]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / Proposed Rules
approved fishing data surveys. Surveys
include, but are not limited to—
(A) NMFS’ Marine Recreational
Fishing Vessel Directory Telephone
Survey (conducted by the Gulf States
Marine Fisheries Commission);
(B) NMFS’ Southeast Headboat
Survey (as required by § 622.5(b)(1);
(C) Texas Parks and Wildlife Marine
Recreational Fishing Survey; or
(D) A data collection system that
replaces one or more of the surveys in
paragraph (r)(2)(i)(A),(B), or (C) of this
section.
(ii) A charter vessel/headboat permit
for Gulf coastal migratory pelagic fish or
Gulf reef fish that is not renewed or that
is revoked will not be reissued. A
permit is considered to be not renewed
when an application for renewal, as
required, is not received by the RA
within 1 year of the expiration date of
the permit.
(3) Requirement to display a vessel
decal. Upon renewal or transfer of a
charter vessel/headboat permit for Gulf
coastal migratory pelagic fish or Gulf
reef fish, the RA will issue the owner of
the permitted vessel a vessel decal for
the applicable permitted fishery or
fisheries. The vessel decal must be
displayed on the port side of the
deckhouse or hull and must be
maintained so that it is clearly visible.
§ 622.42
[Amended]
4. In § 622.42, paragraph (a)(3) is
removed.
[FR Doc. 06–2389 Filed 3–10–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060301058–6058–01; I.D.
022306A]
RIN 0648–AU13
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Total Allowable Catches for
the Northeast Multispecies Fishery for
Fishing Year 2006
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
wwhite on PROD1PC61 with PROPOSALS
AGENCY:
SUMMARY: NMFS proposes three types of
2006 fishing year (FY) Total Allowable
Catches (TACs) for the Northeast (NE)
Multispecies Fishery Management Plan
VerDate Aug<31>2005
16:18 Mar 10, 2006
Jkt 208001
(FMP). Hard TACs for Eastern Georges
Bank (GB) cod, Eastern GB haddock,
and GB yellowtail flounder in the U.S./
Canada Management Area; target TACs
for all NE regulated multispecies; and
hard Incidental Catch TACs for
groundfish stocks of concern. This
action also provides notice that the hard
TACs for Eastern GB cod, Eastern GB
haddock, and GB yellowtail flounder
may be adjusted during FY 2006, if
NMFS determines that the harvest of
these stocks in FY 2005 exceeded the
TACs specified for FY 2005. The intent
of this action is to provide for the
conservation and management of
groundfish management under the FMP.
DATES: Comments must be received by
April 12, 2006.
ADDRESSES: You may submit written
comments by any of the following
methods:
• E-mail: USCATAC@NOAA.gov.
Include in the subject line the following:
Comments on the proposed TACs for
the U.S./Canada Management Area.
• Federal e-rulemaking Portal: http:/
www.regulations.gov.
• Mail: Paper, disk, or CD ROM
comments should be sent to Patricia A.
Kurkul, Regional Administrator,
National Marine Fisheries Service, One
Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope,
‘‘Comments on the proposed TACs for
the U.S./Canada Management Area.’’
• Fax: (978) 281–9135.
Copies of the Transboundary
Management Guidance Committee’s
2005 Guidance Document and copies of
the Environmental Assessment of the
2006 TACs (including the Regulatory
Impact Review and Initial Regulatory
Flexibility Analysis (IRFA)) may be
obtained from NMFS at the mailing
address specified above; telephone (978)
281–9315. NMFS prepared a summary
of the IRFA, which is contained in the
Classification section of this proposed
rule.
FOR FURTHER INFORMATION CONTACT:
Thomas Warren, Fishery Policy Analyst,
(978) 281–9347, fax (978) 281–9135, email Thomas.Warren@NOAA.gov.
SUPPLEMENTARY INFORMATION: The NE
Multispecies FMP specifies a procedure
for setting three types of TACs: (1)
Annual hard (i.e., the fishery or area
closes when a TAC is reached) TACs for
Eastern GB cod, Eastern GB haddock,
and GB yellowtail flounder; (2) target
TACs for all regulated groundfish
stocks; and (3) hard Incidental Catch
TACs for groundfish stocks of concern.
Hard TACs
The regulations governing the annual
development of hard TACs for the U.S./
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
12665
Canada Management Area species
(§ 648.85(a)(2)) were implemented by
Amendment 13 to the FMP (69 FR
22906; April 27, 2004) in order to be
consistent with the U.S./Canada
Resource Sharing Understanding
(Understanding), which is an informal
understanding between the U.S. and
Canada that outlines a process for the
management of the shared GB
groundfish resources. The
Understanding specifies an allocation of
TAC for these three stocks for each
country, based on a formula that
considers historical catch percentages
and current resource distribution.
Annual TACs are determined through
a process involving the New England
Fishery Management Council (Council),
the Transboundary Management
Guidance Committee (TMGC), and the
U.S./Canada Transboundary Resources
Steering Committee (§ 648.85(a)(2)(i)).
On September 7 and 8, 2005, the TMGC
developed the guidance document for
2006 (Guidance Document 2005/01),
and on September 9, 2005, the Steering
Committee concurred with the TMGC
recommendations. On September 15,
2005, the Council accepted the
recommendations of the TMGC for the
2006 TACs for GB cod, GB haddock, and
GB yellowtail flounder. The
recommended 2006 TACs were based
upon the most recent stock assessments
(Transboundary Resource Assessment
Committee (TRAC) Status Reports for
2005), and the fishing mortality strategy
shared by both the U.S. and Canada.
The strategy is to maintain a low to
neutral risk of exceeding the fishing
mortality limit reference (Fref = 0.18,
0.26, and 0.25 for cod, haddock, and
yellowtail flounder, respectively). That
is, when stock conditions are poor,
fishing mortality rates (F) should be
further reduced to promote rebuilding.
For GB cod, the TMGC concluded that
the most appropriate combined U.S./
Canada TAC for FY 2006 is 1,700 mt.
This corresponds to an F less than the
Fref of 0.18 in 2006 and represents a very
low risk, less than 25–percent
probability, of exceeding the Fref. At this
level of harvest there is also a greater
than 75–percent probability that stock
biomass will increase by at least 10
percent from 2006 to 2007. The annual
allocation shares for FY 2006 between
the U.S. and Canada are based on a
combination of historical catches (30
percent weighting) and resource
distribution based on trawl surveys (70
percent weighting). Combining these
factors entitles the U.S. to 22 percent
and Canada to 78 percent, resulting in
a national quota of 374 mt for the U.S.
and 1,326 mt for Canada.
E:\FR\FM\13MRP1.SGM
13MRP1
12666
Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / Proposed Rules
For GB haddock, the TMGC
concluded that the most appropriate
combined U.S./Canada TAC for FY 2006
is 22,000 mt. This corresponds to an F
of 0.26 in 2006 and represents a neutral
risk, about 50–percent, of exceeding the
Fref. Adult biomass will increase
substantially from 2006 to 2007 due to
recruitment of the exceptional 2003 year
class. The annual allocation shares for
2006 between countries are based on a
combination of historical catches (30
percent weighting) and resource
distribution based on trawl surveys (70
percent weighting). Combining these
factors entitles the U.S. to 34 percent
and Canada to 66 percent, resulting in
a national quota of 7,480 mt for the U.S.
and 14,520 mt for Canada.
For GB yellowtail flounder, the TMGC
concluded that the most appropriate
combined U.S./Canada TAC for FY 2005
is 3,000 mt. A catch of about 3,000 mt
in 2006 corresponds to an F equal to the
Fref of 0.25 and represents a neutral risk,
about 50 percent of exceeding the Fref of
0.25. Two assessment approaches were
used to evaluate stock status. Both
indicated that biomass increased since
the mid 1990s and recent recruitment
has improved, but fishing mortality
remained substantially above Fref. The
annual allocation shares for 2006
between countries are based on a
combination of historical catches (30
percent weighting) and resource
distribution based on trawl surveys (70
percent weighting). Combining these
factors entitles the U.S. to 69 percent
and Canada to 31 percent, resulting in
a national quota of 2,070 mt for the U.S.
and 930 mt for Canada.
The Council approved the following
U.S. TACs recommended by the TMGC:
374 mt of GB cod, 7,480 mt of GB
haddock, and 2,070 mt of GB yellowtail
flounder. The 2006 haddock and
yellowtail flounder TACs represent
decreases from 2005 TAC levels (by 1
percent and 51 percent, respectively),
and the 2006 cod TAC represents a 44
percent increase from the 2005 TAC
(Tables 1 and 2).
TABLE 1: PROPOSED 2006 U.S./CANADA TACS (MT) AND PERCENTAGE SHARES (IN PARENTHESES)
GB Cod
Total Shared TAC
U.S. TAC
Canada TAC
GB Haddock
1,700
374 (22)
1,326 (78)
GB Yellowtail flounder
22,000
7,480 (34)
14,520 (66)
3,000
2,070 (69)
930 (31)
TABLE 2: 2005 U.S./CANADA TACS (MT) AND PERCENTAGE SHARES (IN PARENTHESES)
GB Cod
Total Shared TAC
U.S. TAC
Canada TAC
1,000
260 (26)
740 (74)
wwhite on PROD1PC61 with PROPOSALS
The proposed TACs are consistent
with the results of the TRAC and the
TMGC’s harvest strategy.
The regulations implemented by
Amendment 13, at § 648.85(a)(2)(ii),
state the following: ‘‘Any overages of the
[U.S./Canada] GB cod, haddock, or
yellowtail flounder TACs that occur in
a given fishing year will be subtracted
from the respective TAC in the
following fishing year.’’ Therefore,
should an analysis of the catch of the
shared stocks by U.S. vessels indicate
that an overage occurred during FY
2005, the pertinent TACs will be
adjusted downward in order to be
consistent with the FMP and the
Understanding. Although it is very
unlikely, it is possible that a very large
overage could result in an adjusted TAC
of zero. If an adjustment to one of the
2006 TACs for Eastern GB cod, Eastern
GB haddock, or GB yellowtail flounder
is necessary, the public will be notified
through proposed rulemaking and
through a letter to permit holders.
Target TACs
Target TACs for regulated groundfish
species are proposed pursuant to the
regulations at § 648.90(a)(2), which
require the Council to develop target
TACs as part of the process that
VerDate Aug<31>2005
16:18 Mar 10, 2006
Jkt 208001
GB Haddock
periodically adjusts management
measures as necessary, and develops
new target TACs based upon the most
recent scientific information. Although
target TACs for 2006 were specified by
Amendment 13, it is necessary to revise
the values of the 2006 TACs, based
upon more recent scientific information
(Assessment of 19 Northeast Groundfish
Stocks through 2004; Northeast
Fisheries Science Center Reference
Document 05–13 (GARM II, completed
in August 2005)). The Council recently
adopted a management action that
would make necessary management
measure adjustments (Framework
Adjustment (FW) 42) to the FMP,
including proposed target TACs for
regulated species for 2006, 2007, and
2008 (with the exception of U.S./CA
TACs). However, because the Council
could not develop FW 42 in time to
implement the management measures
by May 1, 2006, the proposed target
TACs for the 2006 fishing year, if
approved, would not be implemented in
time for the start of the fishing year.
Although many of the target TACs are
used only as an informal means of
evaluating the effectiveness of the
management measures of the FMP, a
delay in the specification of target TACs
PO 00000
Frm 00033
Fmt 4702
Sfmt 4702
23,000
7,590 (33)
15,410 (67)
GB Yellowtail flounder
6,000
4,260 (71)
1,740 (29)
would impact two aspects of the FMP in
a substantive manner. The annual
allocation of GB cod to the GB Cod
Hook Sector (provided the Sector is
approved for the 2006 fishing year) is
calculated as a percentage of the GB cod
target TAC. If specification of the GB
cod target TAC were delayed past May
1, it would not be possible to specify a
GB cod allocation for the Sector in a
timely manner. Reliance upon the
current 2005 fishing year GB cod target
TAC to calculate the Sector’s allocation
would not be utilizing the best available
information. The GB cod Hook Sector is
dependent upon the timely and accurate
specification of the GB cod target TAC
in order for the Sector to operate and
generate revenue. In addition, a delay in
the specification of target TACs would
impact the specification of hard
Incidental Catch TACs because
Incidental Catch TACs are calculated as
a percentage of the target TAC for 10
groundfish stocks of concern (A ‘‘hard’’
TAC means that when the TAC is
reached, the fishery is closed or severely
restricted).
Although the FMP does not address
the circumstance where no TACs are
specified, there would be no basis for
the Sector and the special management
programs that include Incidental Catch
E:\FR\FM\13MRP1.SGM
13MRP1
12667
Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / Proposed Rules
TACs to function consistent with the
intent of the FMP and best scientific
information available. As a result, the
Sector program, if it could be authorized
at all, would be allowed to fish at levels
inconsistent with best scientific
information available. More
significantly, if incidental TACs cannot
be established according to best
scientific information available, special
management programs that are
dependent on these incidental TACs
would operate, if they could be
authorized at all, without adequate
restrictions on the catch of stocks of
concern. Several of the TACs would be
smaller than appropriate, resulting in
excessive harvest of stocks of concern
under special management programs.
The only way to avoid this management
void is to implement a secretarial
emergency measure as permitted under
Section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act. As discussed above, this need for
this emergency measure meets the
requirements of the Federal Register
notice specifying emergency criteria (62
FR 44421; August 21, 1997). This
Emergency action arises from
‘‘unforeseen events or recently
discovered circumstances’’ that would
present ‘‘serious conservation or
management problems’’ if the
emergency action is not implemented.
Specifically, as more fully discussed
above, this emergency action is justified
on ecological grounds in that fishing
under TACs inconsistent with the best
scientific information available would
result in harvests that would likely
jeopardize meeting conservation
objectives of the FMP.
The proposed target TACs were
developed by the Council’s Groundfish
Plan Development Team (PDT) and are
consistent with those proposed in the
FW 42 document. The target TACs (see
Table 3) are calculated from projections
of future catches, using recent
assessment data, and the Amendment
13 target fishing mortality rates.
TABLE 3: PROPOSED TARGET TACS (MT) FOR 2006
Stock
Cod
Haddock
Yellowtail flounder
American plaice
Witch flounder
Winter flounder
Redfish
White hake
Pollock
Windowpane flounder
Ocean pout
Atlantic halibut
2006 Proposed
Target TACs
GB .....................
GOM ..................
GB .....................
GOM ..................
GB .....................
SNE/MA .............
CC/GOM ............
.......................
.......................
GB .....................
GOM ..................
SNE/MA .............
.......................
.......................
.......................
North ..................
South .................
.......................
.......................
Species
7,458 ......................
4,987 ......................
49,829 ....................
1,279 ......................
2,070 ......................
146 .........................
650 .........................
3,666 ......................
5,511 ......................
1,424 ......................
** ............................
2,481 ......................
1,946 ......................
2,056 ......................
12,005 ....................
389 .........................
173 .........................
38 ...........................
NA ..........................
TAC Composition
E *.
C *.
E.
A.
D *.
B *.
B *.
B*.
A *.
A*.
C.
C*.
A.
A*.
A.
A.
A.
A.
NA.
A Commercial Landings
B Commercial Landings and Discards
C Commercial Landings, Discards, and Recreational Harvest
D Commercial Landings and Discards (U.S. portion of U.S./Canada TAC)
E Commercial Landings (U.S. and Canada)
*Stock of Concern for Which an Incidental Catch TAC as a Subset of the Target TAC is also proposed (Table 4).
** GARM II did not develop a TAC for GOM winter flounder because of uncertainties in the assessment.
Note: Proposed TACs for GB cod and GB haddock include Canadian landings.
wwhite on PROD1PC61 with PROPOSALS
Incidental Catch TACs
Incidental Catch TACs are proposed
pursuant to the regulations at
§ 648.85(b)(5). The regulations require
that Incidental Catch TACs be
developed as part of the process that
periodically adjusts management
measures based upon the most recent
scientific information. FW 40–A (69 FR
67780; November 19, 2004)
implemented Incidental Catch TACs in
order to strictly limit the potential for
the use of Category B DAS to cause
excessive fishing mortality on
groundfish stocks of concern. For the
NE multispecies fishery, a stock of
concern is defined as ‘‘a stock that is in
an overfished condition, or that is
VerDate Aug<31>2005
16:18 Mar 10, 2006
Jkt 208001
subject to overfishing.’’ FW 40–A
implemented Incidental Catch TACs for
the following 8 stocks, based upon the
stock status data that was used in the
development of Amendment 13: Gulf of
Maine (GOM) cod, GB cod, Cape Cod
(CC)/GOM yellowtail flounder,
American plaice, white hake, Southern
New England (SNE)/Mid-Atlantic (MA)
yellowtail flounder, SNE/MA winter
flounder, and witch flounder. FW 40–A
also implemented percentage
allocations of the Incidental Catch TACs
among special programs (for the Regular
B DAS Pilot Program; Closed Area I
Hook Gear Haddock Special Access
Program (SAP); and the Eastern U.S./
Canada Haddock SAP Pilot Program)
and specified values for those Incidental
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
Catch TACs for portions of the 2004
fishing year. FW 40–B (70 FR 31323;
June 1, 2005) and FW 41 (70 FR 54302;
September 14, 2005), further modified
the percentage allocation of the
Incidental Catch TACs among Category
B DAS programs.
In addition to the proposed 2006
target TACs adopted in FW 42, the
Council also adopted 2006 Incidental
Catch TACs under this same action.
However, as with the target TACs for all
regulated species, because the Council
could not develop FW 42 in time to
implement the management measures
by May 1, 2006, the proposed Incidental
Catch TACs for the 2006 fishing year, if
approved, would not be implemented in
time for the start of the fishing year.
E:\FR\FM\13MRP1.SGM
13MRP1
12668
Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / Proposed Rules
Implementation of Incidental Catch
TACs in a timely manner is necessary to
enable Category B DAS programs to
operate based upon the best available
science. NMFS proposes specifying the
Incidental Catch TACs, as proposed in
FW 42, under Secretarial emergency
authority, consistent with the
Emergency Criteria and Justification
defined in 62 FR 44421 (August 21,
1997) due to recent, unforseen events,
and the need to allow the Category B
DAS programs to operate in a timely
fashion according to best scientific
information available.
In addition to specifying Incidental
Catch TACs for the 8 stocks noted above
(as implemented by FW 40–A), this
action also proposes implementing
additional Incidental Catch TACs for GB
yellowtail flounder and GB winter
flounder, based on new information
from the GARM II report that
overfishing is occurring on these stocks,
and consistent with the Council’s
recommendations in FW 42. All 10
Incidental Catch TACs were developed
by the PDT and are consistent with
those proposed in the FW 42 document.
These Incidental Catch TACs are
derived from the target TACs, and are
based upon percentages proposed by the
Council in FW 42.
TABLE 4: PROPOSED INCIDENTAL CATCH TACS (MT) FOR 2006
Percentage of Total
Target TAC
Stock
GB Cod
GOM cod
GB yellowtail flounder
CC/GOM yellowtail flounder
SNE/MA yellowtail flounder
American plaice
Witch flounder
SNE/MA winter flounder
GB winter flounder
White hake
wwhite on PROD1PC61 with PROPOSALS
Classification
This proposed rule is exempt from
review under Executive Order 12866.
NMFS prepared an IRFA that
describes the economic impact that this
proposed rule, if adopted, would have
on small entities.
The specification of hard TACs for the
U.S./Canada shared stocks of Eastern GB
cod, Eastern GB haddock, and GB
yellowtail flounder is necessary in order
to ensure that the agreed upon U.S./
Canada fishing mortality levels for these
shared stocks are achieved in the U.S./
Canada Management Area (the
geographic area on GB defined to
facilitate management of stocks of cod,
haddock, and yellowtail flounder that
are shared with Canada). A description
of the objectives and legal basis for these
proposed hard TACs is contained in the
SUMMARY of this proposed rule.
Under the Small Business
Administration (SBA) size standards for
small fishing entities ($3.5 million), all
permitted and participating vessels in
the groundfish fishery are considered to
be small entities. Gross sales by any one
entity (vessel) do not exceed this
threshold. Therefore, this proposed rule
does not have a disproportionate impact
between large and small entities. The
maximum number of small entities that
could be affected by the proposed TACs
are approximately 1,000 vessels, i.e.,
those with limited access NE
multispecies DAS permits, that have an
allocation of Category A or B DAS.
Realistically, however, the number of
vessels that choose to fish in the U.S./
VerDate Aug<31>2005
16:18 Mar 10, 2006
Jkt 208001
Two
One
Two
One
One
Five
Five
One
Two
Two
Canada Management Area, and that
therefore would be subject to the
associated restrictions, including hard
TACs, would be substantially less.
For the 2004 fishing year (May 2004
through April 2005), 155 individual
vessels fished in the U.S./Canada
Management Area. From May 2005
through February 9, 2006, 156 vessels
fished in the U.S./Canada Area.
Although it is difficult to predict the
number that would fish in the U.S./
Canada Area in 2006, the number of
vessels is not likely to exceed the
number of vessels that fished in the area
during the 2004 or 2005 fishing years.
Furthermore, additional fishing effort
controls are proposed for the 2006
fishing year that are likely to decrease
fishing effort.
The economic impacts of the
proposed TACs are difficult to predict
due to several factors that affect the
amount of catch, as well as the price of
the fish. Furthermore, the economic
impacts are difficult to predict due to
the newness of these regulations (May
2004; Amendment 13 to the FMP).
Therefore, there is relatively little
historic data, and limited information
about the specific fishing patterns or
market impacts that may be caused by
this hard TAC management system. In
general, the rate at which yellowtail
flounder is caught in the Eastern and
Western U.S./Canada Area and the rate
at which cod is caught in the Eastern
U.S./Canada Area will determine the
length of time the Eastern U.S./Canada
Area will remain open. The length of
time the Eastern U.S./Canada Area is
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
2006 Incidental Catch
TAC
122.6
49.9
41.4
6.5
1.5
183.3
275.6
24.8
28.5
41.1
open will determine the amount of
haddock that is caught.
The amount of GB cod, haddock, and
yellowtail flounder landed and sold will
not be equal to the sum of the TACs, but
will be reduced as a result of discards
(discards are counted against the hard
TAC), and may be further reduced by
limitations on access to stocks that may
result from the associated rules. Fishing
derby behavior may result in a
reduction to the market value of fish.
The overall economic impact of the
proposed 2006 U.S./Canada TACs will
likely be different from the economic
impacts of the 2005 TACs due to the
reduced yellowtail flounder TAC, and
may result in reduced revenue.
Although the 2006 cod TAC represents
an increase from 2005, the 2006
haddock and yellowtail TACs represent
decreases from 2005. For yellowtail
flounder, the decrease is substantial.
Based on the estimates in the
Environmental Assessment, revenue
from cod and haddock caught in the
Eastern U.S./Canada Area may increase
from 2005 to 2006 (up to 43 percent and
74 percent, respectively), and revenue
from yellowtail flounder in the U.S./
Canada Area may decline by 51 percent.
According to the analysis, the overall
change in revenue from 2005 to 2006 for
the 3 species combined could amount to
a 36 percent decline (or approximately
$ 3.8 million ), although it is difficult to
predict future fishing patterns, and there
are factors which may mitigate the
decline in overall revenue. For example,
there could be an increase in yellowtail
flounder price, as well as the potential
E:\FR\FM\13MRP1.SGM
13MRP1
wwhite on PROD1PC61 with PROPOSALS
Federal Register / Vol. 71, No. 48 / Monday, March 13, 2006 / Proposed Rules
for increased opportunity to harvest
haddock from the Eastern U.S./Canada
Area. If the larger GB cod TAC results
in a longer period of time that the
Eastern U.S./Canada Area is open, and
if vessels attempt to, and are successful
in avoidance of cod, the Eastern Area
may be opened for a longer period of
time in fishing year 2006 than it was in
2005, resulting in additional revenue
from haddock.
Although unlikely, a downward
adjustment to the hard TACs specified
for FY 2006 could occur after the start
of the fishing year, if it is determined
that the U.S. catch of one or more of the
shared stocks during the 2005 fishing
year exceeded the relevant TACs
specified for FY 2005.
Three alternatives for hard TACs were
considered for FY 2006: The proposed
TACs, the status quo TACs, and the no
action alternative. No other TAC
alternatives were considered. The
process for establishing TACs is based
on the best scientific information
available designed to yield only one
proposed set of TACs. The proposed
TACs would have a similar economic
impact as the status quo TACs.
Adoption of the status quo TACs,
however, would not be consistent with
the FMP because the status quo TACs
do not represent the best available
scientific information. Although the no
action alternative (no TACs) would not
constrain catch in the U.S./Canada
Management Area, and therefore would
likely provide some additional fishing
opportunity, the no action alternative is
not a reasonable alternative because it is
inconsistent with the FMP in both the
short and long term. The FMP requires
specification of hard TACs in order to
limit catch of shared stocks to the
appropriate level (i.e., consistent with
the Understanding and the FMP). As
such, the no action alternative would
likely provide less economic benefits to
the industry in the long term than the
proposed alternative.
The proposed hard TACs do not
modify any collection of information,
reporting, or recordkeeping
requirements. The proposed hard TACs
do not duplicate, overlap, or conflict
with any other Federal rules.
Three alternatives were considered for
the target TACs for FY 2006: The
proposed TACs, the status quo TACs,
and the no action alternative (previously
specified TACs, based on previous
scientific information). No other target
TAC alternatives were considered for
the same reason that no other TAC
alternatives were considered for the
2006 U.S./Canada Management Area
TACs described above. The economic
impacts of the target TACs are minimal.
VerDate Aug<31>2005
16:18 Mar 10, 2006
Jkt 208001
The most substantive impact on
potential fishing effort would be to
allow the possibility of a larger TAC
allocated to the GB Cod Hook Sector
than under the Status Quo Alternative.
The amount of cod allocated to the GB
Cod Hook Sector is directly affected by
the size of the GB cod target TAC, and
therefore has the potential for an
economic impact on the Sector. Based
on the amount of GB cod TAC caught
by the Sector in 2004 and 2005 (less
than the TAC), an increase in the
amount of cod allocated to the Sector is
not likely to impact the amount of cod
landed by the Sector. Factors other than
the size of the Sector’s cod allocation
appear to be limiting the amount of
catch and revenue. In 2004, the Sector
caught approximately 20 percent of
their allocation. During the 2005 fishing
year, through December, the Sector
caught 25 percent of their allocation.
The economic impacts of the
Incidental Catch TACs are more notable
than the impact of the target TACs
because the Incidental Catch TACs may
cause the closure of a SAP or
prohibition on the use of Regular B DAS
in particular stock areas in the Regular
B DAS Program. The harvest of
Incidental Catch TACs curtail the
opportunities to use Category B DAS.
Six of the ten Incidental Catch TACs
will decrease in 2006, compared to the
2005, Status Quo TACs. The small size
of some of the Incidental Catch TACs
may have a negative economic impact.
Most of the Incidental Catch TACs
under the Status Quo and No Action
Alternatives would have less of a
negative economic impact because they
are larger and would be less
constraining to the fishery. Based on the
proposed 2006 Incidental Catch TACs
and the 2004 catch (Quarter 1) in the
Regular B DAS Pilot Program, it is likely
that five of the quarterly Incidental
Catch TACs will be reached, causing a
closure of the program prior to the end
of the quarter. During 2005, the catch
under the Regular B DAS Pilot Program
represented substantial percentages of
the amount of cod, haddock, and
yellowtail flounder caught in the U.S./
Canada Area. It is difficult to determine
whether the changes in Incidental Catch
TACs will result in reduced revenue or
whether vessels will be able to
compensate for such changes by
modifying their fishing strategies. It is
possible that the proposed 2006
Incidental Catch TACs may result in a
decline in revenue by reducing fishing
opportunity. However, it is possible that
vessels that participate in the Regular B
DAS Pilot Program would make up for
any losses in fishing opportunity in the
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
12669
Regular B DAS Pilot Program by instead
fishing under a Category A DAS. Vessels
that historically do not use their full
allocation of Category A DAS could
increase the relative percentage of DAS
used, or lease additional DAS.
Dated: March 7, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 06–2387 Filed 3–10–06; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060209031–6031–01; I.D.
020606C]
RIN 0648–AU09
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Emergency Secretarial Action;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; emergency
action; correction.
AGENCY:
SUMMARY: On March 3, 2006, a proposed
rule to implement an emergency action
for the Northeast (NE) Multispecies
Fishery Management Plan(FMP) was
published in the Federal Register. The
proposed rule was published with an
incorrect end date for receipt of public
comments. This document corrects that
error.
FOR FURTHER INFORMATION CONTACT:
Douglas W. Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION: On March
3, 2006 (71 FR 11060), a proposed rule
was published that would implement
measures intended to immediately
reduce the fishing mortality rate (F) on
specific groundfish species, include
differential days-at-sea (DAS) counting,
reduce trip limits for specific species
and recreational possession restrictions,
continue two programs that would
otherwise expire by the end of the 2005
fishing year on April 30, 2006, and
implement other provisions. Due to
confusion over the date the proposed
rule was to be filed for public inspection
at the Office of the Federal Register, the
proposed rule was published with an
incorrect comment period end date.
E:\FR\FM\13MRP1.SGM
13MRP1
]]>Agencies
[Federal Register Volume 71, Number 48 (Monday, March 13, 2006)]
[Proposed Rules]
[Pages 12665-12669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2387]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060301058-6058-01; I.D. 022306A]
RIN 0648-AU13
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Total Allowable Catches for the Northeast
Multispecies Fishery for Fishing Year 2006
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes three types of 2006 fishing year (FY) Total
Allowable Catches (TACs) for the Northeast (NE) Multispecies Fishery
Management Plan (FMP). Hard TACs for Eastern Georges Bank (GB) cod,
Eastern GB haddock, and GB yellowtail flounder in the U.S./Canada
Management Area; target TACs for all NE regulated multispecies; and
hard Incidental Catch TACs for groundfish stocks of concern. This
action also provides notice that the hard TACs for Eastern GB cod,
Eastern GB haddock, and GB yellowtail flounder may be adjusted during
FY 2006, if NMFS determines that the harvest of these stocks in FY 2005
exceeded the TACs specified for FY 2005. The intent of this action is
to provide for the conservation and management of groundfish management
under the FMP.
DATES: Comments must be received by April 12, 2006.
ADDRESSES: You may submit written comments by any of the following
methods:
E-mail: USCATAC@NOAA.gov. Include in the subject line the
following: Comments on the proposed TACs for the U.S./Canada Management
Area.
Federal e-rulemaking Portal: http:/www.regulations.gov.
Mail: Paper, disk, or CD ROM comments should be sent to
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries
Service, One Blackburn Drive, Gloucester, MA 01930. Mark the outside of
the envelope, ``Comments on the proposed TACs for the U.S./Canada
Management Area.''
Fax: (978) 281-9135.
Copies of the Transboundary Management Guidance Committee's 2005
Guidance Document and copies of the Environmental Assessment of the
2006 TACs (including the Regulatory Impact Review and Initial
Regulatory Flexibility Analysis (IRFA)) may be obtained from NMFS at
the mailing address specified above; telephone (978) 281-9315. NMFS
prepared a summary of the IRFA, which is contained in the
Classification section of this proposed rule.
FOR FURTHER INFORMATION CONTACT: Thomas Warren, Fishery Policy Analyst,
(978) 281-9347, fax (978) 281-9135, e-mail Thomas.Warren@NOAA.gov.
SUPPLEMENTARY INFORMATION: The NE Multispecies FMP specifies a
procedure for setting three types of TACs: (1) Annual hard (i.e., the
fishery or area closes when a TAC is reached) TACs for Eastern GB cod,
Eastern GB haddock, and GB yellowtail flounder; (2) target TACs for all
regulated groundfish stocks; and (3) hard Incidental Catch TACs for
groundfish stocks of concern.
Hard TACs
The regulations governing the annual development of hard TACs for
the U.S./Canada Management Area species (Sec. 648.85(a)(2)) were
implemented by Amendment 13 to the FMP (69 FR 22906; April 27, 2004) in
order to be consistent with the U.S./Canada Resource Sharing
Understanding (Understanding), which is an informal understanding
between the U.S. and Canada that outlines a process for the management
of the shared GB groundfish resources. The Understanding specifies an
allocation of TAC for these three stocks for each country, based on a
formula that considers historical catch percentages and current
resource distribution.
Annual TACs are determined through a process involving the New
England Fishery Management Council (Council), the Transboundary
Management Guidance Committee (TMGC), and the U.S./Canada Transboundary
Resources Steering Committee (Sec. 648.85(a)(2)(i)). On September 7
and 8, 2005, the TMGC developed the guidance document for 2006
(Guidance Document 2005/01), and on September 9, 2005, the Steering
Committee concurred with the TMGC recommendations. On September 15,
2005, the Council accepted the recommendations of the TMGC for the 2006
TACs for GB cod, GB haddock, and GB yellowtail flounder. The
recommended 2006 TACs were based upon the most recent stock assessments
(Transboundary Resource Assessment Committee (TRAC) Status Reports for
2005), and the fishing mortality strategy shared by both the U.S. and
Canada. The strategy is to maintain a low to neutral risk of exceeding
the fishing mortality limit reference (Fref = 0.18, 0.26,
and 0.25 for cod, haddock, and yellowtail flounder, respectively). That
is, when stock conditions are poor, fishing mortality rates (F) should
be further reduced to promote rebuilding.
For GB cod, the TMGC concluded that the most appropriate combined
U.S./Canada TAC for FY 2006 is 1,700 mt. This corresponds to an F less
than the Fref of 0.18 in 2006 and represents a very low
risk, less than 25-percent probability, of exceeding the
Fref. At this level of harvest there is also a greater than
75-percent probability that stock biomass will increase by at least 10
percent from 2006 to 2007. The annual allocation shares for FY 2006
between the U.S. and Canada are based on a combination of historical
catches (30 percent weighting) and resource distribution based on trawl
surveys (70 percent weighting). Combining these factors entitles the
U.S. to 22 percent and Canada to 78 percent, resulting in a national
quota of 374 mt for the U.S. and 1,326 mt for Canada.
[[Page 12666]]
For GB haddock, the TMGC concluded that the most appropriate
combined U.S./Canada TAC for FY 2006 is 22,000 mt. This corresponds to
an F of 0.26 in 2006 and represents a neutral risk, about 50-percent,
of exceeding the Fref. Adult biomass will increase
substantially from 2006 to 2007 due to recruitment of the exceptional
2003 year class. The annual allocation shares for 2006 between
countries are based on a combination of historical catches (30 percent
weighting) and resource distribution based on trawl surveys (70 percent
weighting). Combining these factors entitles the U.S. to 34 percent and
Canada to 66 percent, resulting in a national quota of 7,480 mt for the
U.S. and 14,520 mt for Canada.
For GB yellowtail flounder, the TMGC concluded that the most
appropriate combined U.S./Canada TAC for FY 2005 is 3,000 mt. A catch
of about 3,000 mt in 2006 corresponds to an F equal to the Fref
of 0.25 and represents a neutral risk, about 50 percent of exceeding
the Fref of 0.25. Two assessment approaches were used to
evaluate stock status. Both indicated that biomass increased since the
mid 1990s and recent recruitment has improved, but fishing mortality
remained substantially above Fref. The annual allocation
shares for 2006 between countries are based on a combination of
historical catches (30 percent weighting) and resource distribution
based on trawl surveys (70 percent weighting). Combining these factors
entitles the U.S. to 69 percent and Canada to 31 percent, resulting in
a national quota of 2,070 mt for the U.S. and 930 mt for Canada.
The Council approved the following U.S. TACs recommended by the
TMGC: 374 mt of GB cod, 7,480 mt of GB haddock, and 2,070 mt of GB
yellowtail flounder. The 2006 haddock and yellowtail flounder TACs
represent decreases from 2005 TAC levels (by 1 percent and 51 percent,
respectively), and the 2006 cod TAC represents a 44 percent increase
from the 2005 TAC (Tables 1 and 2).
Table 1: Proposed 2006 U.S./Canada TACs (mt) and percentage shares (in parentheses)
----------------------------------------------------------------------------------------------------------------
GB Cod GB Haddock GB Yellowtail flounder
----------------------------------------------------------------------------------------------------------------
Total Shared TAC 1,700 22,000 3,000
U.S. TAC 374 (22) 7,480 (34) 2,070 (69)
Canada TAC 1,326 (78) 14,520 (66) 930 (31)
----------------------------------------------------------------------------------------------------------------
Table 2: 2005 U.S./Canada TACs (mt) and percentage shares (in parentheses)
----------------------------------------------------------------------------------------------------------------
GB Cod GB Haddock GB Yellowtail flounder
----------------------------------------------------------------------------------------------------------------
Total Shared TAC 1,000 23,000 6,000
U.S. TAC 260 (26) 7,590 (33) 4,260 (71)
Canada TAC 740 (74) 15,410 (67) 1,740 (29)
----------------------------------------------------------------------------------------------------------------
The proposed TACs are consistent with the results of the TRAC and
the TMGC's harvest strategy.
The regulations implemented by Amendment 13, at Sec.
648.85(a)(2)(ii), state the following: ``Any overages of the [U.S./
Canada] GB cod, haddock, or yellowtail flounder TACs that occur in a
given fishing year will be subtracted from the respective TAC in the
following fishing year.'' Therefore, should an analysis of the catch of
the shared stocks by U.S. vessels indicate that an overage occurred
during FY 2005, the pertinent TACs will be adjusted downward in order
to be consistent with the FMP and the Understanding. Although it is
very unlikely, it is possible that a very large overage could result in
an adjusted TAC of zero. If an adjustment to one of the 2006 TACs for
Eastern GB cod, Eastern GB haddock, or GB yellowtail flounder is
necessary, the public will be notified through proposed rulemaking and
through a letter to permit holders.
Target TACs
Target TACs for regulated groundfish species are proposed pursuant
to the regulations at Sec. 648.90(a)(2), which require the Council to
develop target TACs as part of the process that periodically adjusts
management measures as necessary, and develops new target TACs based
upon the most recent scientific information. Although target TACs for
2006 were specified by Amendment 13, it is necessary to revise the
values of the 2006 TACs, based upon more recent scientific information
(Assessment of 19 Northeast Groundfish Stocks through 2004; Northeast
Fisheries Science Center Reference Document 05-13 (GARM II, completed
in August 2005)). The Council recently adopted a management action that
would make necessary management measure adjustments (Framework
Adjustment (FW) 42) to the FMP, including proposed target TACs for
regulated species for 2006, 2007, and 2008 (with the exception of U.S./
CA TACs). However, because the Council could not develop FW 42 in time
to implement the management measures by May 1, 2006, the proposed
target TACs for the 2006 fishing year, if approved, would not be
implemented in time for the start of the fishing year. Although many of
the target TACs are used only as an informal means of evaluating the
effectiveness of the management measures of the FMP, a delay in the
specification of target TACs would impact two aspects of the FMP in a
substantive manner. The annual allocation of GB cod to the GB Cod Hook
Sector (provided the Sector is approved for the 2006 fishing year) is
calculated as a percentage of the GB cod target TAC. If specification
of the GB cod target TAC were delayed past May 1, it would not be
possible to specify a GB cod allocation for the Sector in a timely
manner. Reliance upon the current 2005 fishing year GB cod target TAC
to calculate the Sector's allocation would not be utilizing the best
available information. The GB cod Hook Sector is dependent upon the
timely and accurate specification of the GB cod target TAC in order for
the Sector to operate and generate revenue. In addition, a delay in the
specification of target TACs would impact the specification of hard
Incidental Catch TACs because Incidental Catch TACs are calculated as a
percentage of the target TAC for 10 groundfish stocks of concern (A
``hard'' TAC means that when the TAC is reached, the fishery is closed
or severely restricted).
Although the FMP does not address the circumstance where no TACs
are specified, there would be no basis for the Sector and the special
management programs that include Incidental Catch
[[Page 12667]]
TACs to function consistent with the intent of the FMP and best
scientific information available. As a result, the Sector program, if
it could be authorized at all, would be allowed to fish at levels
inconsistent with best scientific information available. More
significantly, if incidental TACs cannot be established according to
best scientific information available, special management programs that
are dependent on these incidental TACs would operate, if they could be
authorized at all, without adequate restrictions on the catch of stocks
of concern. Several of the TACs would be smaller than appropriate,
resulting in excessive harvest of stocks of concern under special
management programs. The only way to avoid this management void is to
implement a secretarial emergency measure as permitted under Section
305(c) of the Magnuson-Stevens Fishery Conservation and Management Act.
As discussed above, this need for this emergency measure meets the
requirements of the Federal Register notice specifying emergency
criteria (62 FR 44421; August 21, 1997). This Emergency action arises
from ``unforeseen events or recently discovered circumstances'' that
would present ``serious conservation or management problems'' if the
emergency action is not implemented. Specifically, as more fully
discussed above, this emergency action is justified on ecological
grounds in that fishing under TACs inconsistent with the best
scientific information available would result in harvests that would
likely jeopardize meeting conservation objectives of the FMP.
The proposed target TACs were developed by the Council's Groundfish
Plan Development Team (PDT) and are consistent with those proposed in
the FW 42 document. The target TACs (see Table 3) are calculated from
projections of future catches, using recent assessment data, and the
Amendment 13 target fishing mortality rates.
Table 3: Proposed Target TACs (mt) for 2006
----------------------------------------------------------------------------------------------------------------
2006 Proposed
Species Stock Target TACs TAC Composition
----------------------------------------------------------------------------------------------------------------
Cod GB 7,458 E *
GOM 4,987 C *
Haddock GB 49,829 E
GOM 1,279 A
Yellowtail flounder GB 2,070 D *
SNE/MA 146 B *
CC/GOM 650 B *
American plaice ................. 3,666 B*
Witch flounder ................. 5,511 A *
Winter flounder GB 1,424 A*
GOM ** C
SNE/MA 2,481 C*
Redfish ................. 1,946 A
White hake ................. 2,056 A*
Pollock ................. 12,005 A
Windowpane flounder North 389 A
South 173 A
Ocean pout ................. 38 A
Atlantic halibut ................. NA NA
----------------------------------------------------------------------------------------------------------------
A Commercial Landings
B Commercial Landings and Discards
C Commercial Landings, Discards, and Recreational Harvest
D Commercial Landings and Discards (U.S. portion of U.S./Canada TAC)
E Commercial Landings (U.S. and Canada)
\*\Stock of Concern for Which an Incidental Catch TAC as a Subset of the Target TAC is also proposed (Table 4).
\**\ GARM II did not develop a TAC for GOM winter flounder because of uncertainties in the assessment.
Note: Proposed TACs for GB cod and GB haddock include Canadian landings.
Incidental Catch TACs
Incidental Catch TACs are proposed pursuant to the regulations at
Sec. 648.85(b)(5). The regulations require that Incidental Catch TACs
be developed as part of the process that periodically adjusts
management measures based upon the most recent scientific information.
FW 40-A (69 FR 67780; November 19, 2004) implemented Incidental Catch
TACs in order to strictly limit the potential for the use of Category B
DAS to cause excessive fishing mortality on groundfish stocks of
concern. For the NE multispecies fishery, a stock of concern is defined
as ``a stock that is in an overfished condition, or that is subject to
overfishing.'' FW 40-A implemented Incidental Catch TACs for the
following 8 stocks, based upon the stock status data that was used in
the development of Amendment 13: Gulf of Maine (GOM) cod, GB cod, Cape
Cod (CC)/GOM yellowtail flounder, American plaice, white hake, Southern
New England (SNE)/Mid-Atlantic (MA) yellowtail flounder, SNE/MA winter
flounder, and witch flounder. FW 40-A also implemented percentage
allocations of the Incidental Catch TACs among special programs (for
the Regular B DAS Pilot Program; Closed Area I Hook Gear Haddock
Special Access Program (SAP); and the Eastern U.S./Canada Haddock SAP
Pilot Program) and specified values for those Incidental Catch TACs for
portions of the 2004 fishing year. FW 40-B (70 FR 31323; June 1, 2005)
and FW 41 (70 FR 54302; September 14, 2005), further modified the
percentage allocation of the Incidental Catch TACs among Category B DAS
programs.
In addition to the proposed 2006 target TACs adopted in FW 42, the
Council also adopted 2006 Incidental Catch TACs under this same action.
However, as with the target TACs for all regulated species, because the
Council could not develop FW 42 in time to implement the management
measures by May 1, 2006, the proposed Incidental Catch TACs for the
2006 fishing year, if approved, would not be implemented in time for
the start of the fishing year.
[[Page 12668]]
Implementation of Incidental Catch TACs in a timely manner is
necessary to enable Category B DAS programs to operate based upon the
best available science. NMFS proposes specifying the Incidental Catch
TACs, as proposed in FW 42, under Secretarial emergency authority,
consistent with the Emergency Criteria and Justification defined in 62
FR 44421 (August 21, 1997) due to recent, unforseen events, and the
need to allow the Category B DAS programs to operate in a timely
fashion according to best scientific information available.
In addition to specifying Incidental Catch TACs for the 8 stocks
noted above (as implemented by FW 40-A), this action also proposes
implementing additional Incidental Catch TACs for GB yellowtail
flounder and GB winter flounder, based on new information from the GARM
II report that overfishing is occurring on these stocks, and consistent
with the Council's recommendations in FW 42. All 10 Incidental Catch
TACs were developed by the PDT and are consistent with those proposed
in the FW 42 document. These Incidental Catch TACs are derived from the
target TACs, and are based upon percentages proposed by the Council in
FW 42.
Table 4: Proposed Incidental Catch TACs (mt) for 2006
----------------------------------------------------------------------------------------------------------------
Percentage of 2006 Incidental Catch
Stock Total Target TAC TAC
----------------------------------------------------------------------------------------------------------------
GB Cod Two 122.6
GOM cod One 49.9
GB yellowtail flounder Two 41.4
CC/GOM yellowtail flounder One 6.5
SNE/MA yellowtail flounder One 1.5
American plaice Five 183.3
Witch flounder Five 275.6
SNE/MA winter flounder One 24.8
GB winter flounder Two 28.5
White hake Two 41.1
----------------------------------------------------------------------------------------------------------------
Classification
This proposed rule is exempt from review under Executive Order
12866.
NMFS prepared an IRFA that describes the economic impact that this
proposed rule, if adopted, would have on small entities.
The specification of hard TACs for the U.S./Canada shared stocks of
Eastern GB cod, Eastern GB haddock, and GB yellowtail flounder is
necessary in order to ensure that the agreed upon U.S./Canada fishing
mortality levels for these shared stocks are achieved in the U.S./
Canada Management Area (the geographic area on GB defined to facilitate
management of stocks of cod, haddock, and yellowtail flounder that are
shared with Canada). A description of the objectives and legal basis
for these proposed hard TACs is contained in the SUMMARY of this
proposed rule.
Under the Small Business Administration (SBA) size standards for
small fishing entities ($3.5 million), all permitted and participating
vessels in the groundfish fishery are considered to be small entities.
Gross sales by any one entity (vessel) do not exceed this threshold.
Therefore, this proposed rule does not have a disproportionate impact
between large and small entities. The maximum number of small entities
that could be affected by the proposed TACs are approximately 1,000
vessels, i.e., those with limited access NE multispecies DAS permits,
that have an allocation of Category A or B DAS. Realistically, however,
the number of vessels that choose to fish in the U.S./Canada Management
Area, and that therefore would be subject to the associated
restrictions, including hard TACs, would be substantially less.
For the 2004 fishing year (May 2004 through April 2005), 155
individual vessels fished in the U.S./Canada Management Area. From May
2005 through February 9, 2006, 156 vessels fished in the U.S./Canada
Area. Although it is difficult to predict the number that would fish in
the U.S./Canada Area in 2006, the number of vessels is not likely to
exceed the number of vessels that fished in the area during the 2004 or
2005 fishing years. Furthermore, additional fishing effort controls are
proposed for the 2006 fishing year that are likely to decrease fishing
effort.
The economic impacts of the proposed TACs are difficult to predict
due to several factors that affect the amount of catch, as well as the
price of the fish. Furthermore, the economic impacts are difficult to
predict due to the newness of these regulations (May 2004; Amendment 13
to the FMP). Therefore, there is relatively little historic data, and
limited information about the specific fishing patterns or market
impacts that may be caused by this hard TAC management system. In
general, the rate at which yellowtail flounder is caught in the Eastern
and Western U.S./Canada Area and the rate at which cod is caught in the
Eastern U.S./Canada Area will determine the length of time the Eastern
U.S./Canada Area will remain open. The length of time the Eastern U.S./
Canada Area is open will determine the amount of haddock that is
caught.
The amount of GB cod, haddock, and yellowtail flounder landed and
sold will not be equal to the sum of the TACs, but will be reduced as a
result of discards (discards are counted against the hard TAC), and may
be further reduced by limitations on access to stocks that may result
from the associated rules. Fishing derby behavior may result in a
reduction to the market value of fish. The overall economic impact of
the proposed 2006 U.S./Canada TACs will likely be different from the
economic impacts of the 2005 TACs due to the reduced yellowtail
flounder TAC, and may result in reduced revenue. Although the 2006 cod
TAC represents an increase from 2005, the 2006 haddock and yellowtail
TACs represent decreases from 2005. For yellowtail flounder, the
decrease is substantial. Based on the estimates in the Environmental
Assessment, revenue from cod and haddock caught in the Eastern U.S./
Canada Area may increase from 2005 to 2006 (up to 43 percent and 74
percent, respectively), and revenue from yellowtail flounder in the
U.S./Canada Area may decline by 51 percent. According to the analysis,
the overall change in revenue from 2005 to 2006 for the 3 species
combined could amount to a 36 percent decline (or approximately $ 3.8
million ), although it is difficult to predict future fishing patterns,
and there are factors which may mitigate the decline in overall
revenue. For example, there could be an increase in yellowtail flounder
price, as well as the potential
[[Page 12669]]
for increased opportunity to harvest haddock from the Eastern U.S./
Canada Area. If the larger GB cod TAC results in a longer period of
time that the Eastern U.S./Canada Area is open, and if vessels attempt
to, and are successful in avoidance of cod, the Eastern Area may be
opened for a longer period of time in fishing year 2006 than it was in
2005, resulting in additional revenue from haddock.
Although unlikely, a downward adjustment to the hard TACs specified
for FY 2006 could occur after the start of the fishing year, if it is
determined that the U.S. catch of one or more of the shared stocks
during the 2005 fishing year exceeded the relevant TACs specified for
FY 2005.
Three alternatives for hard TACs were considered for FY 2006: The
proposed TACs, the status quo TACs, and the no action alternative. No
other TAC alternatives were considered. The process for establishing
TACs is based on the best scientific information available designed to
yield only one proposed set of TACs. The proposed TACs would have a
similar economic impact as the status quo TACs. Adoption of the status
quo TACs, however, would not be consistent with the FMP because the
status quo TACs do not represent the best available scientific
information. Although the no action alternative (no TACs) would not
constrain catch in the U.S./Canada Management Area, and therefore would
likely provide some additional fishing opportunity, the no action
alternative is not a reasonable alternative because it is inconsistent
with the FMP in both the short and long term. The FMP requires
specification of hard TACs in order to limit catch of shared stocks to
the appropriate level (i.e., consistent with the Understanding and the
FMP). As such, the no action alternative would likely provide less
economic benefits to the industry in the long term than the proposed
alternative.
The proposed hard TACs do not modify any collection of information,
reporting, or recordkeeping requirements. The proposed hard TACs do not
duplicate, overlap, or conflict with any other Federal rules.
Three alternatives were considered for the target TACs for FY 2006:
The proposed TACs, the status quo TACs, and the no action alternative
(previously specified TACs, based on previous scientific information).
No other target TAC alternatives were considered for the same reason
that no other TAC alternatives were considered for the 2006 U.S./Canada
Management Area TACs described above. The economic impacts of the
target TACs are minimal. The most substantive impact on potential
fishing effort would be to allow the possibility of a larger TAC
allocated to the GB Cod Hook Sector than under the Status Quo
Alternative. The amount of cod allocated to the GB Cod Hook Sector is
directly affected by the size of the GB cod target TAC, and therefore
has the potential for an economic impact on the Sector. Based on the
amount of GB cod TAC caught by the Sector in 2004 and 2005 (less than
the TAC), an increase in the amount of cod allocated to the Sector is
not likely to impact the amount of cod landed by the Sector. Factors
other than the size of the Sector's cod allocation appear to be
limiting the amount of catch and revenue. In 2004, the Sector caught
approximately 20 percent of their allocation. During the 2005 fishing
year, through December, the Sector caught 25 percent of their
allocation.
The economic impacts of the Incidental Catch TACs are more notable
than the impact of the target TACs because the Incidental Catch TACs
may cause the closure of a SAP or prohibition on the use of Regular B
DAS in particular stock areas in the Regular B DAS Program. The harvest
of Incidental Catch TACs curtail the opportunities to use Category B
DAS. Six of the ten Incidental Catch TACs will decrease in 2006,
compared to the 2005, Status Quo TACs. The small size of some of the
Incidental Catch TACs may have a negative economic impact. Most of the
Incidental Catch TACs under the Status Quo and No Action Alternatives
would have less of a negative economic impact because they are larger
and would be less constraining to the fishery. Based on the proposed
2006 Incidental Catch TACs and the 2004 catch (Quarter 1) in the
Regular B DAS Pilot Program, it is likely that five of the quarterly
Incidental Catch TACs will be reached, causing a closure of the program
prior to the end of the quarter. During 2005, the catch under the
Regular B DAS Pilot Program represented substantial percentages of the
amount of cod, haddock, and yellowtail flounder caught in the U.S./
Canada Area. It is difficult to determine whether the changes in
Incidental Catch TACs will result in reduced revenue or whether vessels
will be able to compensate for such changes by modifying their fishing
strategies. It is possible that the proposed 2006 Incidental Catch TACs
may result in a decline in revenue by reducing fishing opportunity.
However, it is possible that vessels that participate in the Regular B
DAS Pilot Program would make up for any losses in fishing opportunity
in the Regular B DAS Pilot Program by instead fishing under a Category
A DAS. Vessels that historically do not use their full allocation of
Category A DAS could increase the relative percentage of DAS used, or
lease additional DAS.
Dated: March 7, 2006.
James W. Balsiger,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 06-2387 Filed 3-10-06; 8:45 am]
BILLING CODE 3510-22-S
