Fisheries of the Northeastern United States; Monkfish Fishery, 23871-23874 [06-3908]
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Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Rules and Regulations
13132 (‘‘Federalism’’). This final rule
would preempt State, local, and Indian
tribe requirements but does not propose
any regulation that has substantial
direct effects on the States, the
relationship between the national
government and the States, or the
distribution of power and
responsibilities among the various
levels of government. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
The Federal hazardous materials
transportation law, 49 U.S.C. 5101–
5127, contains an express preemption
provision (49 U.S.C. 5125 (b)) that
preempts State, local, and Indian tribe
requirements on certain covered
subjects. Covered subjects are:
(i) The designation, description, and
classification of hazardous materials;
(ii) The packing, repacking, handling,
labeling, marking, and placarding of
hazardous materials;
(iii) The preparation, execution, and
use of shipping documents related to
hazardous materials and requirements
related to the number, contents, and
placement of those documents;
(iv) The written notification,
recording, and reporting of the
unintentional release in transportation
of hazardous material; or
(v) The design, manufacture,
fabrication, marking, maintenance,
recondition, repair, or testing of a
packaging or container represented,
marked, certified, or sold as qualified
for use in transporting hazardous
material.
This final rule addresses covered
subject items (i), (ii), (iii), and (v) above
and preempts State, local, and Indian
tribe requirements not meeting the
‘‘substantively the same’’ standard. This
final rule is necessary to update, clarify,
and provide relief from regulatory
requirements.
Federal hazardous materials
transportation law provides at section
5125(b)(2) that, if DOT issues a
regulation concerning any of the
covered subjects, DOT must determine
and publish in the Federal Register the
effective date of Federal preemption.
The effective date may not be earlier
than the 90th day following the date of
issuance of the final rule and not later
than two years after the date of issuance.
PHMSA has determined that the
effective date of Federal preemption for
these requirements will be 1 year from
the date of publication of a final rule in
the Federal Register.
D. Executive Order 13175
This final rule has been analyzed in
accordance with the principles and
criteria contained in Executive Order
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13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’).
Because this final rule does not have
tribal implications and does not impose
substantial direct compliance costs, the
funding and consultation requirements
of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive
Order 13272, and DOT Regulatory
Policies and Procedures
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires an agency to
review regulations to assess their impact
on small entities unless the agency
determines that a rule is not expected to
have a significant impact on a
substantial number of small entities.
This final rule will not impose
increased compliance costs on the
regulated industry. The revisions we are
making to the January 23, 2007 final
rule will provide regulatory relief to
persons offering lighters and lighter
refills for transportation in commerce by
reinstituting limited quantity and
consumer commodity exceptions for
lighter refills and permitting immediate
voluntary compliance with certain
provisions of the final rule. Therefore, I
certify that this rule will not have a
significant economic impact on a
substantial number of small entities.
This final rule has been developed in
accordance with Executive Order 13272
(‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’) and DOT’s
procedures and policies to promote
compliance with the Regulatory
Flexibility Act to ensure that potential
impacts of draft rules on small entities
are properly considered.
F. Paperwork Reduction Act
PHMSA currently has an approved
information collection under Office of
Management and Budget (OMB) Control
Number 2137–0557, ‘‘Approvals for
Hazardous Materials,’’ with an
expiration date of June 30, 2007. This
final rule imposes no new information
collection and recordkeeping
requirements.
G. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
heading of this document can be used
to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act
This final rule does not impose
unfunded mandates under the
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Unfunded Mandates Reform Act of
1995. It will not result in costs of $120.7
million or more, in the aggregate, to any
of the following: State, local, or Native
American tribal governments, or the
private sector.
I. Privacy Act
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (Volume
65, Number 70; pages 19477–78) or you
may visit https://dms.dot.gov.
List of Subjects in 49 CFR Part 173
Hazardous materials transportation,
Packaging and containers, Radioactive
materials, Reporting and recordkeeping
requirements, Uranium.
I In consideration of the foregoing, we
are making the following correction to
rule FR Doc. 06–464, published on
January 23, 2006 (71 FR 3418):
§ 173.306
[Corrected]
1. On page 3427, in the middle
column, correct amendatory instruction
12.a. to read ‘‘a. In paragraph (a)(1), in
the last sentence, the wording
‘‘paragraph (h)’’ is removed and the
wording ‘‘paragraph (i)’’ is added in its
place.’’
I
Issued in Washington, DC on April 10,
2006 under authority delegated in 49 CFR
part 1.
Brigham A. McCown,
Acting Administrator.
[FR Doc. 06–3834 Filed 4–24–06; 8:45 am]
BILLING CODE 4910–60–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 060315071–6101–02; I.D.
030906C]
RIN 0648–AT22
Fisheries of the Northeastern United
States; Monkfish Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS implements measures
to establish target total allowable catch
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Federal Register / Vol. 71, No. 79 / Tuesday, April 25, 2006 / Rules and Regulations
(TAC) levels for the monkfish fishery for
the 2006 fishing year (FY), and adjusts
trip limits and establishes days-at-sea
(DAS) restrictions for limited access
monkfish vessels fishing in the
Southern Fishery Management Area
(SFMA) based upon the annual target
TAC setting, trip limit, and DAS
adjustment methods established in
Framework Adjustment 2 (Framework
2) to the Monkfish Fishery Management
Plan (FMP). The action is necessary to
comply with the rebuilding plan
established in the FMP and modified in
Framework 2. The intent of this action
is to help eliminate overfishing and
rebuild the monkfish resource in
accordance with Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act)
requirements.
DATES: Effective May 1, 2006.
ADDRESSES: Copies of the
Environmental Assessment (EA),
including the Regulatory Impact Review
(RIR) and Initial Regulatory Flexibility
Analysis (IRFA), prepared for this action
are available upon request from Paul
Howard, Executive Director, New
England Fishery Management Council
(NEFMC), 50 Water Street,
Newburyport, MA 01950. The document
is also available online at https://
www.nefmc.org. NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA),
which is contained in the classification
section of this rule. The small entity
compliance guide is available from
Patricia A. Kurkul, Regional
Administrator, Northeast Regional
Office, National Marine Fisheries
Service, One Blackburn Drive,
Gloucester, MA 01930–2298, and on the
Northeast Regional Office’s website at
https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Allison Ferreira, Fishery Policy Analyst,
e-mail Allison.Ferreira@noaa.gov,
phone (978) 281–9103, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
Framework Adjustment 2 to the FMP,
which became effective on May 1, 2003
(68 FR 22325; April 28, 2003),
implemented a method for setting the
annual target TACs. This method is
based upon the relationship between the
3-year running average of NMFS’s fall
trawl survey biomass index (3-year
average biomass index) and established
annual biomass index targets (annual
index target). Once the annual target
TACs are established, trip limits and/or
DAS are adjusted accordingly, using a
set of procedures established in
Framework 2.
The FMP, as modified by Framework
2, requires that the Monkfish
Monitoring Committee (MFMC)
recommend to the NEFMC and the MidAtlantic Fishery Management Council
(MAFMC), on an annual basis, target
TACs for the Northern Fishery
Management Area (NFMA) and SFMA.
The MFMC reviewed the fall trawl
survey biomass indices and monkfish
landings for FY 2004, and calculated the
target TACs for FY 2006 in accordance
with the procedures established in
Framework 2. According to these
procedures, if the current 3-year average
biomass index is below the annual
index target, then the target TAC for the
upcoming fishing year (e.g., FY 2006) is
set equivalent to the monkfish landings
for the previous fishing year (e.g., FY
2004), minus the percentage difference
between the 3-year average biomass
index and the annual index target.
Based on the information presented in
Table 1, the current 3-year average
biomass indices are less than the current
targets for both management areas.
Therefore, the FY 2006 target TAC for
the NFMA is 7,737 mt (33.7 percent less
than FY 2004 landings), and the FY
2006 target TAC for the SFMA is 3,667
mt (39.7 percent less than FY 2004
landings).
TABLE 1. CALCULATION OF 2006 TARGET TACS
FY
2004
Landings
(mt)
Management Area
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NFMA
SFMA
11,666
6,078
This action does not implement any
changes to the management measures
for limited access monkfish vessels
fishing in the NFMA because the annual
adjustment procedure specified in the
regulations at § 648.96(b) applies only to
the SFMA. At the time Framework 2
was developed and implemented, the
monkfish resource was well above the
biomass threshold established for the
NFMA. However, recent restrictions on
fishing effort in the Northeast (NE)
multispecies fishery, implemented
through Amendment 13 to the NE
Multispecies FMP, have helped
constrain monkfish effort in the NFMA.
In fact, monkfish landings during FY
2004 were only 69 percent of the FY
2004 target TAC for that management
area. Furthermore, additional effort
restrictions in the NE multispecies
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fishery to be implemented during FY
2006 (through the emergency Secretarial
action and joint NE Multispecies
Framework 42/Monkfish Framework 3)
are expected to further constrain
monkfish landings.
Framework 2 also established an
adjustment procedure for the SFMA that
requires either the DAS or the trip limits
to be adjusted, based on whether the
target TAC is less than or greater than
8,000 mt (the approximate target TAC
level that would result in the 550 and
450 lb (249 and 204 kg) tail weight trip
limits). Since this action establishes a
target TAC for the SFMA that is well
below 8,000 mt, it will reduce the trip
limits for vessels fishing in the SFMA to
550 lb (249 kg) tail weight per DAS for
limited access Category A, C, and G
vessels, and 450 lb (204 kg) tail weight
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2005
3-year
Average
(kg/
tow)
2005
BiomassTarget
(kg/tow)
Percent
Below
Target
2006
Target
TAC
(mt)
1.214
0.778
1.83
1.29
33.7 %
39.7 %
7,737
3,667
per DAS for limited access Category B,
D, and H vessels, and also restrict the
FY 2006 DAS available for monkfish
limited access vessels fishing in the
SFMA to 12 monkfish DAS (plus up to
10 carryover DAS). The number of DAS
available to limited access monkfish
vessels fishing in the SFMA during FY
2006 was calculated using the analysis
procedures established in Framework 2,
and outlined in the regulations at
§ 648.96(b)(3).
This action also notifies limited
access monkfish vessels of the monkfish
DAS proration for vessels participating
in the Offshore Fishery Program in the
SFMA, as required by § 648.95(g). The
Offshore Fishery Program, which was
established through Amendment 2 to
the FMP (70 FR 21927; April 28, 2005),
authorizes limited access monkfish
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permit holders with Category A, B, C, or
D permits to elect, on an annual basis,
to participate in a designated offshore
monkfish fishery in the SFMA by
obtaining a Category F permit for the
fishing year. Under this program,
participants are allowed a higher daily
possession limit of 1,600 lb (726 kg) tail
weight per DAS in exchange for a
reduced monkfish DAS allocation.
Monkfish DAS for limited access
Category A and C vessels that
participate in this program during FY
2006 are adjusted by a factor of 0.344,
equal to 4.1 DAS, based on the 12 DAS
restriction, and limited access Category
B and D vessels are adjusted by a factor
of 0.281, equal to 3.4 DAS, based on the
12 DAS restriction. Any carryover DAS
available to the permit holder is to be
factored into this calculation.
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Comments and Responses
One public comment was received on
the proposed rule.
Comment 1: One commenter
requested that NMFS cut the target
TACs for both management areas in
half.
Response: Framework 2 specified a
target TAC setting method based upon
a series of annual biomass index targets
that gradually increase to achieve the
biomass target established in the FMP.
Since monkfish stocks in both
management areas are behind in their
respective rebuilding schedules, the
application of the target TAC setting
method implemented in Framework 2
for FY 2006 has resulted in target TACs
that are about one-half the target TACs
established for FY 2005. Specifically,
the FY 2006 target TAC for the NFMA
represents a 41–percent decrease from
the FY 2005 target TAC, while the FY
2006 target TAC for the SFMA
represents a 62–percent decrease from
the FY 2005 target TAC.
Classification
The Administrator, NE Region, NMFS
(Regional Administrator), determined
that this action to establish target TACs,
trip limits, and DAS restrictions for the
2006 monkfish fishery is necessary for
the conservation and management of the
monkfish fishery, and that it is
consistent with the Magnuson-Stevens
Act and other applicable law.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30 day delay in
effectiveness of this final rule. This
action establishes annual measures
(target TACs, trip limits, DAS
restrictions) for the monkfish fishery for
FY 2006 (May 1, 2006 to April 30, 2007)
that are more restrictive than the
measures currently in effect for FY
2005. Failure to implement these
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measures in a timely manner will enable
the monkfish resource to be
overharvested since it would delay
implementation of reduced trip limits
and DAS restrictions for vessels fishing
in the SFMA for up to 30 days beyond
the start of the fishing year. Vessels that
fish for monkfish in the SFMA are
typically highly active during the month
of May, using a large portion of their
allocated monkfish DAS. This is due to
the fact that monkfish are readily
available during this time of year as a
result of their annual spring migratory
pattern. Therefore, any delay in
implementation beyond the start of the
fishing year would provide limited
access monkfish vessels with the ability
to use more than the 12 monkfish DAS
being authorized for the SFMA under
this final rule, resulting in an increase
in fishing effort and enabling
overharvest of the target TAC for this
management area to occur. Any
overharvest of the target TAC for the
SFMA would result in negative impacts
to the monkfish resource as a whole
since stocks in both management areas
are well behind the rebuilding
schedules established in the FMP.
Furthermore, this action could not be
implemented earlier due to the lateness
in the availability of the NMFS fall trawl
survey data necessary for the calculation
of the annual target TACs for the
monkfish fishery, and the lateness in
submission of this action by the
NEFMC. A draft version of the EA/RIR/
IRFA was made available to NMFS for
review on February 13, 2006. The final
version of the EA/RIR/IRFA was made
available to NMFS and the public,
through posting of the document on the
NEFMC’s website, on March 10, 2006.
In order to implement this final rule
before the start of FY 2006 and prevent
any negative impacts to the monkfish
resource, such as overharvesting of the
target TAC for the SFMA, resulting from
a delay in implementation , the
Assistant Administrator (AA) finds good
cause to waive the 30-day delay in
effectiveness.
The NEFMC prepared an EA for this
action and the AA concluded that there
will be no significant impact on the
human environment as a result of this
rule. A copy of the EA is available from
the NEFMC (see ADDRESSES).
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Final Regulatory Flexibility Analysis
This section constitutes the FRFA,
which NMFS, pursuant to section 604 of
the Regulatory Flexibility Act (RFA),
has prepared in support of this action.
The FRFA describes the economic
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23873
impact that this final rule will have on
small entities. This FRFA incorporates
the IRFA, any comments received on the
proposed rule, NMFS’s responses to
those comments, and the analyses
completed to support the action. There
are no Federal rules that may duplicate,
overlap, or conflict with this final rule.
A copy of the IRFA is available from the
NEFMC (see ADDRESSES).
Statement of Objective and Need
A description of the reasons why
action by the agency is being taken and
the objectives of this action are
explained in the preamble of the
proposed rule and this final rule and are
not repeated here. This action is taken
under the authority of the MagnusonStevens Act and regulations at 50 CFR
part 648.
Summary of Significant Issues Raised
in Public Comments
One public comment was received on
the proposed rule, but it did not pertain
to the economic analyses summarized in
the IRFA. The comment and the
agency’s response to that comment are
provided in the preamble of this final
rule.
Description and Estimate of Number of
Small Entities to Which this Rule Will
Apply
This action will impact approximately
325 limited access monkfish permit
holders that fish all or part of the fishing
year in the SFMA, based on vessel
landings for the 2003 FY. Of these 325
permit holders, 151 fished exclusively
in the SFMA, and are likely to be most
affected by this action. All of the these
vessels are considered small entities
under the Small Business
Administration’s size standards for
small fishing businesses (less than $3.5
million in gross annual sales) and,
therefore, there is no disproportionate
impact of the regulations between large
and small entities.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements.
Description of the Steps Taken to
Minimize Economic Impacts on Small
Entities
The target TAC setting alternative
adopted in Framework 2 to the FMP,
and utilized in this action, is less
precautionary than the other
alternatives considered in Framework 2,
but minimizes impacts to small entities
to the greatest extent. This target TAC
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setting method minimizes impacts to
small entities because it enables the
NEFMC and MAFMC to increase the
target TAC in response to an increase in
monkfish stock biomass, in the absence
of a reliable estimate of fishing mortality
(F), but with a cap on that increase.
Because the monkfish stocks in both
management areas are behind in their
respective rebuilding schedules, this
action will reduce the target TACs in
both management areas, resulting in
reductions in trip limits and DAS
available to vessels that fish in the
SFMA. Therefore, because Framework 2
established methods for calculating
annual target TACs, trip limits, and DAS
restrictions, there are no alternatives to
the target TACs, trip limits, and DAS
restrictions being implemented for FY
2006 under this annual adjustment
process.
Framework 2 considered other
alternatives to the formulaic method
that was chosen to establish annual
TACs for monkfish. The annual target
TAC setting method established in
Framework 2 compares annual biomass
targets with a 3-year running average of
the NMFS fall trawl survey. If the trawl
survey biomass index is less than the
annual target, as is the case for FY 2005,
the target TAC in the subsequent year
(FY 2006) is set to equal the monkfish
landings for the previous fishing year
(FY 2004), minus the percentage
difference between the 3 year average
biomass index and the annual index
target (see Table 1). Another option
considered in Framework 2 would have
compared the current F in relation to
Fthreshold for establishing annual target
TACs. This option was determined to be
unreasonable because current estimates
of F are too imprecise to set target TACs
and make a status determination
regarding overfishing.
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 small entity
compliance guide was prepared. The
guide will be sent to all vessels issued
a limited access monkfish permit, and to
all Federal dealers issued a monkfish
permit. In addition, copies of this final
rule and guide (i.e., permit holder letter)
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are available from the Regional
Administrator (see ADDRESSES) and are
also available at the following web site:
https://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
(or any prorated combination of tailweight and whole weight based on the
conversion factor for tail weight to
whole weight of 3.32), unless modified
pursuant to § 648.96(b)(2)(ii).
*
*
*
*
*
Fisheries, Fishing, Reporting and
recordkeeping requirements.
[FR Doc. 06–3908 Filed 4–20–06; 4:01 pm]
Dated: April 20, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
DEPARTMENT OF COMMERCE
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
I
BILLING CODE 3510–22–S
National Oceanic and Atmospheric
Administration
50 CFR Part 679
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
[Docket No. 060216045–6045–01; I.D.
041906C]
1. The authority citation for part 648
continues to read as follows:
Fisheries of the Exclusive Economic
Zone Off Alaska; Yellowfin Sole by
Vessels Using Trawl Gear in Bering
Sea and Aleutian Islands Management
Area
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.92, paragraph (b)(1)(ii) is
added to read as follows:
I
§ 648.92 Effort-control program for
monkfish limited access vessels.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) FY 2006 DAS restrictions for
vessels fishing in the SFMA. For the
2006 fishing year, limited access
monkfish vessels are restricted to
utilizing only 12 of their 40 monkfish
DAS allocation in the SFMA. If a vessel
does not possess a valid letter of
authorization from the Regional
Administrator to fish in the NFMA as
described in § 648.94(f), NMFS will
presume that any monkfish DAS used
was fished in the SFMA.
*
*
*
*
*
I 3. In § 648.94, paragraphs (b)(2)(i) and
(ii) are revised to read as follows:
§ 648.94 Monkfish possession and landing
restrictions.
*
*
*
*
*
(b) * * *
(2) * * *
(i) Category A, C, and G vessels.
Category A, C, and G vessels fishing
under the monkfish DAS program in the
SFMA may land up to 550 lb (249 kg)
tail weight or 1,826 lb (828 kg) whole
weight of monkfish per monkfish DAS
(or any prorated combination of tailweight and whole weight based on the
conversion factor for tail weight to
whole weight of 3.32), unless modified
pursuant to § 648.96(b)(2)(ii).
(ii) Category B, D, and H vessels.
Category B, D, and H vessels fishing
under the monkfish DAS program in the
SFMA may land up to 450 lb (204 kg)
tail weight or 1,494 lb (678 kg) whole
weight of monkfish per monkfish DAS
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS is closing directed
fishing for yellowfin sole by vessels
using trawl gear in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the second seasonal
allowance of the 2006 halibut bycatch
allowance specified for the trawl
yellowfin sole fishery category in the
BSAI.
Effective 1200 hrs, Alaska local
time (A.l.t.), April 20, 2006, through
1200 hrs, A.l.t., May 21, 2006.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The second seasonal allowance of the
2006 halibut bycatch allowance
specified for the trawl yellowfin sole
fishery category in the BSAI is 195
metric tons as established by the 2006
and 2007 final harvest specifications for
groundfish in the BSAI (71 FR 10894,
March 3, 2006).
DATES:
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]]>Agencies
[Federal Register Volume 71, Number 79 (Tuesday, April 25, 2006)]
[Rules and Regulations]
[Pages 23871-23874]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3908]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060315071-6101-02; I.D. 030906C]
RIN 0648-AT22
Fisheries of the Northeastern United States; Monkfish Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS implements measures to establish target total allowable
catch
[[Page 23872]]
(TAC) levels for the monkfish fishery for the 2006 fishing year (FY),
and adjusts trip limits and establishes days-at-sea (DAS) restrictions
for limited access monkfish vessels fishing in the Southern Fishery
Management Area (SFMA) based upon the annual target TAC setting, trip
limit, and DAS adjustment methods established in Framework Adjustment 2
(Framework 2) to the Monkfish Fishery Management Plan (FMP). The action
is necessary to comply with the rebuilding plan established in the FMP
and modified in Framework 2. The intent of this action is to help
eliminate overfishing and rebuild the monkfish resource in accordance
with Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act) requirements.
DATES: Effective May 1, 2006.
ADDRESSES: Copies of the Environmental Assessment (EA), including the
Regulatory Impact Review (RIR) and Initial Regulatory Flexibility
Analysis (IRFA), prepared for this action are available upon request
from Paul Howard, Executive Director, New England Fishery Management
Council (NEFMC), 50 Water Street, Newburyport, MA 01950. The document
is also available online at https://www.nefmc.org. NMFS prepared a Final
Regulatory Flexibility Analysis (FRFA), which is contained in the
classification section of this rule. The small entity compliance guide
is available from Patricia A. Kurkul, Regional Administrator, Northeast
Regional Office, National Marine Fisheries Service, One Blackburn
Drive, Gloucester, MA 01930-2298, and on the Northeast Regional
Office's website at https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Allison Ferreira, Fishery Policy
Analyst, e-mail Allison.Ferreira@noaa.gov, phone (978) 281-9103, fax
(978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
Framework Adjustment 2 to the FMP, which became effective on May 1,
2003 (68 FR 22325; April 28, 2003), implemented a method for setting
the annual target TACs. This method is based upon the relationship
between the 3-year running average of NMFS's fall trawl survey biomass
index (3-year average biomass index) and established annual biomass
index targets (annual index target). Once the annual target TACs are
established, trip limits and/or DAS are adjusted accordingly, using a
set of procedures established in Framework 2.
The FMP, as modified by Framework 2, requires that the Monkfish
Monitoring Committee (MFMC) recommend to the NEFMC and the Mid-Atlantic
Fishery Management Council (MAFMC), on an annual basis, target TACs for
the Northern Fishery Management Area (NFMA) and SFMA. The MFMC reviewed
the fall trawl survey biomass indices and monkfish landings for FY
2004, and calculated the target TACs for FY 2006 in accordance with the
procedures established in Framework 2. According to these procedures,
if the current 3-year average biomass index is below the annual index
target, then the target TAC for the upcoming fishing year (e.g., FY
2006) is set equivalent to the monkfish landings for the previous
fishing year (e.g., FY 2004), minus the percentage difference between
the 3-year average biomass index and the annual index target. Based on
the information presented in Table 1, the current 3-year average
biomass indices are less than the current targets for both management
areas. Therefore, the FY 2006 target TAC for the NFMA is 7,737 mt (33.7
percent less than FY 2004 landings), and the FY 2006 target TAC for the
SFMA is 3,667 mt (39.7 percent less than FY 2004 landings).
Table 1. Calculation of 2006 target TACs
----------------------------------------------------------------------------------------------------------------
2005 3-
FY 2004 year 2005 Percent 2006
Management Area Landings Average BiomassTarget Below Target
(mt) (kg/ (kg/tow) Target TAC
tow) (mt)
----------------------------------------------------------------------------------------------------------------
NFMA 11,666 1.214 1.83 33.7 % 7,737
SFMA 6,078 0.778 1.29 39.7 % 3,667
----------------------------------------------------------------------------------------------------------------
This action does not implement any changes to the management
measures for limited access monkfish vessels fishing in the NFMA
because the annual adjustment procedure specified in the regulations at
Sec. 648.96(b) applies only to the SFMA. At the time Framework 2 was
developed and implemented, the monkfish resource was well above the
biomass threshold established for the NFMA. However, recent
restrictions on fishing effort in the Northeast (NE) multispecies
fishery, implemented through Amendment 13 to the NE Multispecies FMP,
have helped constrain monkfish effort in the NFMA. In fact, monkfish
landings during FY 2004 were only 69 percent of the FY 2004 target TAC
for that management area. Furthermore, additional effort restrictions
in the NE multispecies fishery to be implemented during FY 2006
(through the emergency Secretarial action and joint NE Multispecies
Framework 42/Monkfish Framework 3) are expected to further constrain
monkfish landings.
Framework 2 also established an adjustment procedure for the SFMA
that requires either the DAS or the trip limits to be adjusted, based
on whether the target TAC is less than or greater than 8,000 mt (the
approximate target TAC level that would result in the 550 and 450 lb
(249 and 204 kg) tail weight trip limits). Since this action
establishes a target TAC for the SFMA that is well below 8,000 mt, it
will reduce the trip limits for vessels fishing in the SFMA to 550 lb
(249 kg) tail weight per DAS for limited access Category A, C, and G
vessels, and 450 lb (204 kg) tail weight per DAS for limited access
Category B, D, and H vessels, and also restrict the FY 2006 DAS
available for monkfish limited access vessels fishing in the SFMA to 12
monkfish DAS (plus up to 10 carryover DAS). The number of DAS available
to limited access monkfish vessels fishing in the SFMA during FY 2006
was calculated using the analysis procedures established in Framework
2, and outlined in the regulations at Sec. 648.96(b)(3).
This action also notifies limited access monkfish vessels of the
monkfish DAS proration for vessels participating in the Offshore
Fishery Program in the SFMA, as required by Sec. 648.95(g). The
Offshore Fishery Program, which was established through Amendment 2 to
the FMP (70 FR 21927; April 28, 2005), authorizes limited access
monkfish
[[Page 23873]]
permit holders with Category A, B, C, or D permits to elect, on an
annual basis, to participate in a designated offshore monkfish fishery
in the SFMA by obtaining a Category F permit for the fishing year.
Under this program, participants are allowed a higher daily possession
limit of 1,600 lb (726 kg) tail weight per DAS in exchange for a
reduced monkfish DAS allocation. Monkfish DAS for limited access
Category A and C vessels that participate in this program during FY
2006 are adjusted by a factor of 0.344, equal to 4.1 DAS, based on the
12 DAS restriction, and limited access Category B and D vessels are
adjusted by a factor of 0.281, equal to 3.4 DAS, based on the 12 DAS
restriction. Any carryover DAS available to the permit holder is to be
factored into this calculation.
Comments and Responses
One public comment was received on the proposed rule.
Comment 1: One commenter requested that NMFS cut the target TACs
for both management areas in half.
Response: Framework 2 specified a target TAC setting method based
upon a series of annual biomass index targets that gradually increase
to achieve the biomass target established in the FMP. Since monkfish
stocks in both management areas are behind in their respective
rebuilding schedules, the application of the target TAC setting method
implemented in Framework 2 for FY 2006 has resulted in target TACs that
are about one-half the target TACs established for FY 2005.
Specifically, the FY 2006 target TAC for the NFMA represents a 41-
percent decrease from the FY 2005 target TAC, while the FY 2006 target
TAC for the SFMA represents a 62-percent decrease from the FY 2005
target TAC.
Classification
The Administrator, NE Region, NMFS (Regional Administrator),
determined that this action to establish target TACs, trip limits, and
DAS restrictions for the 2006 monkfish fishery is necessary for the
conservation and management of the monkfish fishery, and that it is
consistent with the Magnuson-Stevens Act and other applicable law.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30 day
delay in effectiveness of this final rule. This action establishes
annual measures (target TACs, trip limits, DAS restrictions) for the
monkfish fishery for FY 2006 (May 1, 2006 to April 30, 2007) that are
more restrictive than the measures currently in effect for FY 2005.
Failure to implement these measures in a timely manner will enable the
monkfish resource to be overharvested since it would delay
implementation of reduced trip limits and DAS restrictions for vessels
fishing in the SFMA for up to 30 days beyond the start of the fishing
year. Vessels that fish for monkfish in the SFMA are typically highly
active during the month of May, using a large portion of their
allocated monkfish DAS. This is due to the fact that monkfish are
readily available during this time of year as a result of their annual
spring migratory pattern. Therefore, any delay in implementation beyond
the start of the fishing year would provide limited access monkfish
vessels with the ability to use more than the 12 monkfish DAS being
authorized for the SFMA under this final rule, resulting in an increase
in fishing effort and enabling overharvest of the target TAC for this
management area to occur. Any overharvest of the target TAC for the
SFMA would result in negative impacts to the monkfish resource as a
whole since stocks in both management areas are well behind the
rebuilding schedules established in the FMP. Furthermore, this action
could not be implemented earlier due to the lateness in the
availability of the NMFS fall trawl survey data necessary for the
calculation of the annual target TACs for the monkfish fishery, and the
lateness in submission of this action by the NEFMC. A draft version of
the EA/RIR/IRFA was made available to NMFS for review on February 13,
2006. The final version of the EA/RIR/IRFA was made available to NMFS
and the public, through posting of the document on the NEFMC's website,
on March 10, 2006. In order to implement this final rule before the
start of FY 2006 and prevent any negative impacts to the monkfish
resource, such as overharvesting of the target TAC for the SFMA,
resulting from a delay in implementation , the Assistant Administrator
(AA) finds good cause to waive the 30-day delay in effectiveness.
The NEFMC prepared an EA for this action and the AA concluded that
there will be no significant impact on the human environment as a
result of this rule. A copy of the EA is available from the NEFMC (see
ADDRESSES).
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Final Regulatory Flexibility Analysis
This section constitutes the FRFA, which NMFS, pursuant to section
604 of the Regulatory Flexibility Act (RFA), has prepared in support of
this action. The FRFA describes the economic impact that this final
rule will have on small entities. This FRFA incorporates the IRFA, any
comments received on the proposed rule, NMFS's responses to those
comments, and the analyses completed to support the action. There are
no Federal rules that may duplicate, overlap, or conflict with this
final rule. A copy of the IRFA is available from the NEFMC (see
ADDRESSES).
Statement of Objective and Need
A description of the reasons why action by the agency is being
taken and the objectives of this action are explained in the preamble
of the proposed rule and this final rule and are not repeated here.
This action is taken under the authority of the Magnuson-Stevens Act
and regulations at 50 CFR part 648.
Summary of Significant Issues Raised in Public Comments
One public comment was received on the proposed rule, but it did
not pertain to the economic analyses summarized in the IRFA. The
comment and the agency's response to that comment are provided in the
preamble of this final rule.
Description and Estimate of Number of Small Entities to Which this Rule
Will Apply
This action will impact approximately 325 limited access monkfish
permit holders that fish all or part of the fishing year in the SFMA,
based on vessel landings for the 2003 FY. Of these 325 permit holders,
151 fished exclusively in the SFMA, and are likely to be most affected
by this action. All of the these vessels are considered small entities
under the Small Business Administration's size standards for small
fishing businesses (less than $3.5 million in gross annual sales) and,
therefore, there is no disproportionate impact of the regulations
between large and small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements.
Description of the Steps Taken to Minimize Economic Impacts on Small
Entities
The target TAC setting alternative adopted in Framework 2 to the
FMP, and utilized in this action, is less precautionary than the other
alternatives considered in Framework 2, but minimizes impacts to small
entities to the greatest extent. This target TAC
[[Page 23874]]
setting method minimizes impacts to small entities because it enables
the NEFMC and MAFMC to increase the target TAC in response to an
increase in monkfish stock biomass, in the absence of a reliable
estimate of fishing mortality (F), but with a cap on that increase.
Because the monkfish stocks in both management areas are behind in
their respective rebuilding schedules, this action will reduce the
target TACs in both management areas, resulting in reductions in trip
limits and DAS available to vessels that fish in the SFMA. Therefore,
because Framework 2 established methods for calculating annual target
TACs, trip limits, and DAS restrictions, there are no alternatives to
the target TACs, trip limits, and DAS restrictions being implemented
for FY 2006 under this annual adjustment process.
Framework 2 considered other alternatives to the formulaic method
that was chosen to establish annual TACs for monkfish. The annual
target TAC setting method established in Framework 2 compares annual
biomass targets with a 3-year running average of the NMFS fall trawl
survey. If the trawl survey biomass index is less than the annual
target, as is the case for FY 2005, the target TAC in the subsequent
year (FY 2006) is set to equal the monkfish landings for the previous
fishing year (FY 2004), minus the percentage difference between the 3
year average biomass index and the annual index target (see Table 1).
Another option considered in Framework 2 would have compared the
current F in relation to Fthreshold for establishing annual target
TACs. This option was determined to be unreasonable because current
estimates of F are too imprecise to set target TACs and make a status
determination regarding overfishing.
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 small entity compliance guide was prepared.
The guide will be sent to all vessels issued a limited access monkfish
permit, and to all Federal dealers issued a monkfish permit. In
addition, copies of this final rule and guide (i.e., permit holder
letter) are available from the Regional Administrator (see ADDRESSES)
and are also available at the following web site: https://
www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 20, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons set out in the preamble, 50 CFR part 648 is amended as
follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.92, paragraph (b)(1)(ii) is added to read as follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(b) * * *
(1) * * *
(ii) FY 2006 DAS restrictions for vessels fishing in the SFMA. For
the 2006 fishing year, limited access monkfish vessels are restricted
to utilizing only 12 of their 40 monkfish DAS allocation in the SFMA.
If a vessel does not possess a valid letter of authorization from the
Regional Administrator to fish in the NFMA as described in Sec.
648.94(f), NMFS will presume that any monkfish DAS used was fished in
the SFMA.
* * * * *
0
3. In Sec. 648.94, paragraphs (b)(2)(i) and (ii) are revised to read
as follows:
Sec. 648.94 Monkfish possession and landing restrictions.
* * * * *
(b) * * *
(2) * * *
(i) Category A, C, and G vessels. Category A, C, and G vessels
fishing under the monkfish DAS program in the SFMA may land up to 550
lb (249 kg) tail weight or 1,826 lb (828 kg) whole weight of monkfish
per monkfish DAS (or any prorated combination of tail-weight and whole
weight based on the conversion factor for tail weight to whole weight
of 3.32), unless modified pursuant to Sec. 648.96(b)(2)(ii).
(ii) Category B, D, and H vessels. Category B, D, and H vessels
fishing under the monkfish DAS program in the SFMA may land up to 450
lb (204 kg) tail weight or 1,494 lb (678 kg) whole weight of monkfish
per monkfish DAS (or any prorated combination of tail-weight and whole
weight based on the conversion factor for tail weight to whole weight
of 3.32), unless modified pursuant to Sec. 648.96(b)(2)(ii).
* * * * *
[FR Doc. 06-3908 Filed 4-20-06; 4:01 pm]
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