Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2007-2009 Specifications, 1206-1211 [E7-202]
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We urge interested parties to review
the NPRM and the regulatory evaluation
prepared in support of the NPRM and
make oral presentations regarding the
issues we discuss in the documents. A
summary of the NPRM follows:
• We propose to require rail carriers
transporting certain types of hazardous
materials to compile information and
data on the commodities transported,
including the transportation routes over
which these commodities are
transported.
• We propose to require rail carriers
transporting certain types of hazardous
materials to use the data they compile
on commodities they transport to
analyze the safety and security risks for
the transportation routes used and one
possible alternative route to the one
used. Rail carriers would be required to
utilize these analyses to transport these
materials over the safest and most
secure commercially practicable routes.
• We propose to require rail carriers
to specifically address the security risks
associated with shipments delayed in
transit or temporarily stored in transit as
part of their security plans.
• We propose to require rail carriers
transporting certain types of hazardous
materials to notify consignees if there is
a significant unplanned delay affecting
the delivery of the hazardous material.
• We propose to require rail carriers
to work with shippers and consignees to
minimize the time a rail car containing
certain types of hazardous materials is
placed on track awaiting pick-up or
delivery or transfer from one carrier to
another.
• We propose to require rail carriers
to notify storage facilities and
consignees when rail cars containing
certain types of hazardous materials are
delivered to a storage or consignee
facility.
• We propose to require rail carriers
to conduct security visual inspections at
ground level of rail cars containing
hazardous materials to inspect for signs
of tampering or the introduction of an
improvised explosive device (IED).
We are particularly interested in
comments related to the feasibility and
practicability from an operational
perspective of the proposals in the
NPRM, factors that should be
considered by railroads in making
routing decisions, and the costs that
would be incurred to comply with the
requirements proposed in the NPRM.
Documents
A copy of the December 21, 2006
NPRM, the regulatory evaluation
prepared in support of the NPRM, and
any comments addressed to this docket
are available through the DOT Docket
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Management System Web site: https://
dms.dot.gov and/or Room PL–401 on
the Plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Issued in Washington, DC, on January 3,
2007, under authority delegated in 49 CFR
part 106.
Robert A. McGuire,
Associate Administrator for Hazardous
Materials Safety.
[FR Doc. E7–131 Filed 1–9–07; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
• Fax to Patricia A. Kurkul 978–281–
9135;
• E-mail to the following address:
Herr2007to2009Specs@noaa.gov.
Include in the subject line of the e-mail
comment the following document
identifier: ‘‘Comments, 2007–2009
Herring Specifications;’’ or
• Electronically through the Federal
e-Rulemaking portal: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Eric
Jay Dolin, Fishery Policy Analyst, 978–
281–9259, e-mail at
eric.dolin@noaa.gov, fax at 978–281–
9135.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the New
England Fishery Management Council
(Council) recommended specifications
50 CFR Part 648
for the Atlantic herring fishery. At the
[Docket No.061228342–6342–01; I.D.
time, Amendment 1 to the Atlantic
122206A]
Herring Fishery Management Plan
(Amendment 1) was under
RIN 0648–AT66
development. The notice of availability
Fisheries of the Northeastern United
for Amendment 1 was published in the
States; Atlantic Herring Fishery; 2007– Federal Register on September 6, 2006
2009 Specifications
(71 FR 52521), with the comment period
ending on November 6, 2006. One of the
AGENCY: National Marine Fisheries
measures recommended in Amendment
Service (NMFS), National Oceanic and
1 was the establishment of a 3–year
Atmospheric Administration (NOAA),
specifications setting process. Because
Commerce.
Amendment 1 was still under review
ACTION: Proposed specifications; request when the Council submitted its
for comments.
proposed specifications, the
specifications package included a
SUMMARY: NMFS proposes specifications
contingency provision. If the measure
for the 2007–2009 Atlantic herring
proposed in Amendment 1 to establish
fishery. The intent of the specifications
3–year specifications was approved by
is to conserve and manage the Atlantic
NMFS, then the specifications described
herring resource and provide for a
in the Council’s package would be set
sustainable fishery.
for 3 years; but if the measure was not
DATES: Comments must be received no
approved, the specifications proposed
later than 5 p.m., eastern standard time, by the Council would be implemented
on February 9, 2007.
for the 2007 fishing year only. On
ADDRESSES: Copies of supporting
December 6, 2006, NMFS partially
documents, including the
approved Amendment 1, including the
Environmental Assessment, Regulatory
3–year specifications setting process. As
Impact Review, Initial Regulatory
a result, the specifications proposed in
Flexibility Analysis (EA/RIR/IRFA), and this action would be set for 3 years.
Essential Fish Habitat Assessment are
While Amendment 1 has been partially
available from Paul J. Howard,
approved, the final rule implementing
Executive Director, New England
the Amendment is still under
Fishery Management Council, 50 Water
development. The proposed rule for
Street, Mill 2, Newburyport, MA 01950. Amendment 1 was published in the
The EA/RIR/IRFA is also accessible via
Federal Register on September 27, 2006
the Internet at https://www.nero.gov.
(71 FR 56446), and the comment period
Written comments on the proposed
ended on November 13, 2006. NMFS
rule may be sent by any of the following expects to publish the final rule
methods:
implementing the approved measures in
• Mail to Patricia A. Kurkul, Regional Amendment 1 in the near future.
As modified by Amendment 1, the
Administrator, NMFS, Northeast
regulations implementing the FMP
Regional Office, One Blackburn Drive,
Gloucester, MA 01930. Mark the outside require the Council’s Plan Development
of the envelope ‘‘Comments, 2007–2009 Team (PDT), which advises the Council
on technical matters pertaining to
Herring Specifications’’;
National Oceanic and Atmospheric
Administration
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herring management, to meet with the
Atlantic States Marine Fisheries
Commissions’ (Commission) Technical
Committee (TC) to review the status of
the stock and the fishery and prepare a
Stock Assessment and Fishery
Evaluation (SAFE) report every 3 years.
While a SAFE report will only be
prepared every 3 years, the Herring PDT
will be required to meet at least once
during interim years to review the status
of the stock relative to the overfishing
definition, if information is available to
do so. When conducting a 3–year review
and preparing a triennial SAFE Report,
the PDT/TC will report to the Council/
Commission and recommend any
necessary adjustments to the
specifications for the upcoming 3 years.
Specifications and TACs are conveyed
to NMFS once approved by the Council,
and published for public comment. If
determined to be consistent with the
FMP, final specifications are
implemented.
The Council may adjust the fishery
specifications in the interim years. If the
Council determines that the
specifications should be adjusted during
the 3–year time period, it can do so
during one or both of the interim years.
No action is required by the Council to
maintain the same specifications for all
3 fishing years; Council action is
required only if the Council decides to
recommend adjustments to the
specifications during the interim years.
The Council is authorized, in
consultation with the Commission, to
set aside 0–3 percent of the TAC from
any management area(s) to support
herring-related research. This research
set aside (RSA) would be administered
through a process similar to that
specified by the Mid-Atlantic Fishery
Management Council in several of its
fishery management plans. That
mechanism would include the following
elements: Individual research projects
may apply for the use of more than one
herring RSA allocation; researchers may
request that the set-aside be collected
separately from the research trip or as
part of the research trip; and research
compensation trips would not all
necessarily have to be conducted by the
same vessel, but would have to be
conducted in the management area from
which the set-aside was derived.
Specification of RSA amounts
(percentages) for the upcoming fishing
years is incorporated into the Council’s
fishery specification package every 3
years, and submitted to NMFS with any
additional analysis required, as part of
the specification package. For each
proposal cycle, NMFS will publish a
Request for Proposals (RFP) that
specifies research priorities identified
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by the Council and application
procedures for funding through the
RSA. Since specifications are now set
for 3 fishing years, the proposal cycle
will also cover 3 fishing years, unless
the Council identifies new/different
research priorities during the interim
years and decides to publish a new RFP.
The Council determines the specific
percentages for the RSAs and the
management area(s) to which they apply
during the fishery specification process.
Currently, the herring fishery closes in
a particular management area when it is
projected that 95 percent of the area
TAC has been/will be caught. The
remaining 5 percent of the TAC is set
aside for incidental catch in other
fisheries (under a 2,000–lb ( 907 kg) trip
limit) after the directed fishery is closed.
The RSA is intended to be in addition
to the current 5 percent set-aside for
incidental catch once the directed
fishery in a management area closes. For
example, if the Council sets aside 3
percent of the Area 1A TAC to support
research, then the Area 1A TAC would
close when 92 percent is projected to be
reached.
In the event that the approved
proposals do not make use of any or all
of the set-asides, NMFS is authorized to
release the unutilized portion of the
RSA back to its respective management
area(s) when the final specifications are
published. If there is unutilized RSA
available, NMFS, at the request of the
Council, may publish another RFP for
either the second or third years of the
3–year specifications. In such case,
NMFS would release the unutilized
portion of the set-aside back to its
respective management area(s) for the
first year of the specifications and any
other year that yields unutilized RSA,
after an additional RFP is published.
The Council also may decide not to
publish another RFP, in which case
NMFS is authorized to release the
unutilized portion of the RSA back to its
respective management area(s) for all 3
fishing years covered by the
specifications.
On September 28, 2006, the Council
proposed the following specifications
(see Table 1) for the herring fishery for
the 2007–2009 fishing years, with a
requirement that the Council review the
specifications during 2007 and
determine whether adjustments should
be made for the 2008 and 2009 fishing
years.
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TABLE 1. COUNCIL-PROPOSED SPECIFICATIONS AND AREA TACS FOR THE
2007-2009
Atlantic Herring Fishery
Specification
Proposed Allocation (mt)
ABC
194,000
OY
145,000
DAH
145,000
DAP
141,000
JVPt
0
JVP
0
USAP
20,000
(Areas 2 and 3 only)
BT
4,000
TALFF
0
Reserve
0
TAC - Area 1A
50,000
[48,500 fishery; 1,500
RSA]
(January 1 - May 31, landings cannot exceed 5,000)
TAC - Area 1B
10,000
[9,700 fishery; 300 RSA]
TAC - Area 2
30,000
[29,100 fishery; 900 RSA]
(No Reserve)
TAC - Area 3
55,000
[53,350 fishery; 1,650
RSA]
Research Set
Aside
3 percent from each area
TAC
(2008 and 2009 FY only)
Proposed 2007–2009 Specifications
For the 2007 Atlantic herring fishing
year, NMFS proposes to implement the
specifications recommended by the
Council, which are detailed in Table 1.
For the fishing years 2008–2009,
however, NMFS proposes a further
reduction in the Area 1A TAC from
50,000 mt to 45,000 mt, with a
corresponding increase in the Area 3
TAC from 55,000 mt to 60,000 mt. The
revisions for 2008–2009 are discussed in
detail below and are set out in Table 2.
TABLE 2. PROPOSED SPECIFICATIONS
AND AREA TACS FOR THE 20082009 ATLANTIC HERRING FISHERY
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Proposed Allocation (mt)
ABC
194,000
OY
Frm 00018
Specification
145,000
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TABLE 2. PROPOSED SPECIFICATIONS
AND AREA TACS FOR THE 20082009 ATLANTIC HERRING FISHERY—
Continued
Proposed Allocation (mt)
DAH
145,000
DAP
141,000
JVPt
0
JVP
0
IWP
0
USAP
20,000
(Areas 2 and 3 only)
BT
4,000
TALFF
0
Reserve
0
TAC - Area 1A
45,000
[43,650 fishery; 1,350
RSA]
(January 1 - May 31, landings cannot exceed 5,000)
TAC - Area 1B
10,000
[9,700 fishery; 300 RSA]
TAC - Area 2
30,000
[29,100 fishery; 900 RSA]
(No Reserve)
TAC - Area 3
60,000
[58,200 fishery; 1,800
RSA]
Research Set
Aside
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Specification
3 % from each area TAC
(2008 and 2009 FY only)
For all 3 years, the Council
recommended the TAC in Area 1A at
50,000 mt, which is less than what has
been landed from the area each year
since the implementation of the FMP in
2000. In most of those years, the Area
1A TAC, which has been 60,000 mt, has
been fully utilized. The Council’s
recommendation to reduce the Area 1A
TAC to 50,000 mt was based on a
number of factors, among them, concern
that the inshore component of the
Atlantic herring stock is the most
vulnerable component of the stock
complex. Although Area 1A is not
synonymous with the ‘‘inshore stock
component,’’ there is a considerable
amount of overlap. A risk assessment
requested by the Council and performed
by the PDT found that the Council’s
proposed action appears to be
marginally successful in producing an
exploitation rate that is consistent with
FMSY for the stock component, based on
a reasonable range of estimated stock
mixing ratios for summer and winter.
The PDT stated that it would be
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advisable to establish an Area 1A TAC
that keeps exploitation of this
component at or below FMSY.
The rationale the Council used to
recommend a reduction in the Area 1A
TAC by 10,000 mt is sound; however,
NMFS believes that the PDT risk
assessment demonstrates that an even
deeper cut in the Area 1A TAC is
warranted. NMFS is especially
concerned about the strong retrospective
pattern identified in the stock
assessment that was conducted in May
2006 by the Transboundary Resource
Assessment Committee (TRAC) for
biomass and fishing mortality estimates.
The retrospective pattern overestimates
SSB (averaging + 14.5 percent/year, and
ranging between 1–24 percent) and
underestimates fishing mortality. While
the herring stock as a whole is currently
in good shape, given the retrospective
pattern identified, it is likely that, as
more data are collected and analyzed,
the health of the stock today will be
found to be not as robust as the current
data imply. Therefore, NMFS proposes
to be more precautionary in setting the
TAC for Area 1A in 2008 and 2009, to
protect the inshore stock component.
Reducing the Area 1A TAC an
additional 5,000 mt in 2008 and 2009 is
more risk averse than the measures
recommended by the Council, and
would help ensure that exploitation
rates are more consistent with FMSY
over the next 3 years. NMFS believes
that the extra amount of caution that a
45,000–mt Area 1A TAC affords is
warranted, given the strong
retrospective pattern in this stock
assessment, and the output of the risk
assessment.
The setting of ABC is tied to the
availability of new scientific data. The
May 2006 herring assessment completed
by the TRAC recommended a new MSY
of 194,000 mt. In response to the 2006
TRAC Assessment, the PDT
recommended that ABC for the Atlantic
herring fishery be set at 194,000 mt for
the 2007–2009 fishing years. The
Herring Committee and Council
supported this recommendation, and
NMFS concurs with the
recommendation.
The FMP specifies that OY will be
less than or equal to ABC minus the
expected Canadian catch (C) from the
stock complex. The estimate of the
Canadian catch that is deducted from
ABC will be no more than 20,000 mt for
the New Brunswick weir fishery and no
more than 10,000 mt for the Georges
Bank fishery. The PDT, the Herring
Committee, and the Council
recommended that the assumed
Canadian herring catch for 2007–2009
should remain at 20,000 mt. NMFS
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concurs, and proposes that the
maximum value of OY be 174,000 mt.
The FMP also states that the
establishment of OY will include
consideration of relevant economic,
social, and ecological factors and that
OY may be less than ABC C. The
Council recommended, and NMFS is
proposing a 29,000–mt buffer between
the maximum OY and the
recommended OY of 145,000 mt. This
level of OY would allow the herring
fishery to expand significantly above
current levels without allowing landings
to increase all the way to ABC, which
could be detrimental to the stock
complex over the long term, given the
retrospective pattern in the stock
assessment. A buffer between ABC and
OY is intended to help ensure that
adequate SSB is available to produce
strong and healthy recruitment in
fluctuating and unpredictable
environmental conditions. The
importance of herring as a forage species
for other Northeast region fish,
mammals, and seabirds is another
reason that a buffer between ABC and
OY is appropriate.
The OY of 145,000 mt is a level that
can be fully harvested by the domestic
fleet, resulting in a specification of DAH
of 145,000 mt, precluding an allocation
of TALFF. Setting DAH at 145,000 mt is
reasonable, given the capacity of the
herring fleet and the likelihood that
landings will increase. The average
herring landings from the most recent
5–year period (2001–2005) is 100,370
mt. The highest level of Atlantic herring
landings in recent years was in 2001,
when 120,025 mt were landed. The
proposed DAH of 145,000 mt would
allow a 45–percent increase in landings
as compared to the 2001–2005 average,
and a 20–percent increase in overall
landings as compared to 2001, and is
realistic, given fishery performance in
recent years, and the information about
industry operations in the
specifications.
Since DAH is proposed to be set at
145,000 mt (of which 4,000 mt would be
allocated for BT), DAP is proposed to be
specified at 141,000 mt. It is possible,
given the capacity of the current
harvesting fleet, the potential for market
expansion to occur, and the expressed
intent (made clear through public
testimony) of the U.S. industry to
expand the Atlantic herring fishery, that
processors will utilize the
recommended DAP. Because the
recommended DAP is sufficient to
process the entire DAH (minus the BT),
JVP is set at zero. JVP operations would
likely compete with U.S. processors for
product, which could have a substantial
negative impact on domestic facilities in
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a market-driven fishery. This is
consistent with the following
relationship, which is specified in the
FMP: DAH = DAP + JVPt + BT.
The proposed USAP allocation of
20,000 mt could provide an additional
outlet for harvesters and, therefore,
increase the benefits to the U.S.
industry. As in previous years, USAP
activity would be restricted to TAC
Areas 2 and 3.
The proposed TAC in Area 1B would
be set at 10,000 mt, which is the same
level it has been set at since 2001. The
Area 1B TAC was exceeded in 2001,
when 16,704 mt was landed; in 2004,
when 13,282 mt was landed; and in
2006, for which the final landings tally
is not yet available. In other years since
2001, the landings from Area 1B have
been considerably lower (25 percent or
more) than 10,000 mt.
The proposed TACs for Areas 2 and
3 are intended to permit the fishery to
increase landings in those areas above
the highest levels achieved in recent
years. The highest recent landings in
Area 2 were 27,198 mt in 2000; thus, the
proposed allocation would allow the
fishery to slightly exceed that level. The
highest recent landings in Area 3 were
35,079 mt in 2001; thus, the allocation
would allow the fishery to exceed that
level by a considerable amount, because
this is the area most likely to see
expanded harvests.
Classification
This action is authorized by 50 CFR
part 648 and has been determined to be
not significant for purposes of Executive
Order 12866.
The Council prepared an IRFA, as
required by section 603 of the
Regulatory Flexibility Act (RFA), which
describes the economic impacts this
proposed rule, if adopted, would have
on small entities. A copy of the IRFA
can be obtained from the Council or
NMFS (see ADDRESSES) or via the
Internet at https://www.nero.noaa.gov. A
summary of the analysis follows:
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Statement of Objective and Need
A description of the reasons why this
action is being considered, and the
objectives of and legal basis for this
action, is contained in the preamble to
this proposed rule and is not repeated
here.
Description and Estimate of Number of
Small Entities to Which the Rule Will
Apply
During the 2005 fishing year, 143
vessels landed herring, 33 of which
averaged more than 2,000 lb ( 907 kg)
of herring per trip. The Small Business
Administration’s size standard for small
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commercial fishing entities is $4 million
in gross sales. Thus, there are no large
entities, as defined in section 601 of the
RFA, participating in this fishery.
Therefore, there are no disproportionate
economic impacts between large and
small entities.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
This action does not contain any new
collection-of-information, reporting,
recordkeeping, or other compliance
requirements. It does not duplicate,
overlap, or conflict with any other
Federal rules.
Minimizing Significant Economic
Impacts on Small Entities
Impacts were assessed by the Council
and NMFS by comparing the proposed
measures to the Atlantic herring
landings made in 2005, the last
complete year for which data is
available. From a fishery-wide
perspective, the proposed specifications
are not expected to produce a negative
economic impact to vessels prosecuting
the fishery because it allows for
landings levels that are significantly
higher than the average landings in
recent years. The proposed 2007–2009
specifications should allow for
incremental growth in the industry,
while taking into consideration
biological information. However,
because of the distribution of the Area
TACs, and the reduction in the Area 1A
TAC in particular, the proposed
specifications could have a negative
impact on various parts of the industry,
despite the fact that overall landings
levels could be higher than in recent
years.
The specification of OY and DAH is
proposed to be 145,000 mt for 2007–
2009. At this level, there could be an
annual increase of up to 51,610 mt in
herring landings (relative to the 93,390
mt landed in 2005), or $10.4 million in
revenues, based on an average price (in
2005) of $202/mt. This could allow
individual vessels to increase their
profitability under the proposed 2007–
2009 specifications, depending on how
may vessels ultimately end up
qualifying for and participating in the
fishery once it becomes a limited access
fishery with the implementation of
Amendment 1 in 2007. The magnitude
of economic impacts related to the
141,000–mt specification of DAP will
depend on the processing sector’s
ability to expand markets and increase
capacity to handle larger amounts of
herring during 2007–2009.
JVPt was zero in 2005, therefore there
are no potential economic losses
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associated with maintaining this
specification in 2007–2009. Potential
economic gains could be associated
with the utilization of the 20,000 mt
USAP, which has not been utilized in
recent years. These gains could
approximate $4 million annually (based
on an average price of $202/mt) if all of
the 20,000–mt allocation were utilized
in 2007–2009.
The Area 1B TAC of 10,000 mt has
been unchanged since the 2000 fishery.
Since only 6,108 mt of herring were
harvested in Area 1B in 2005, the
proposed 2007–2009 specification of
10,000 mt could allow for an increased
catch of 3,892 mt, which would equal
$786,000 (based on an average price of
$202/mt). This could allow individual
vessels to increase their profitability
under the proposed 2007–2009
specifications, depending on how may
vessels ultimately end up qualifying for
and participating in the fishery once it
becomes a limited access fishery with
the implementation of Amendment 1 in
2007.
The Council analyzed six alternatives
for OY (the OY for the proposed action
was already discussed above). Two
alternatives would have retained the
specifications implemented during the
2005–2006 fishing years, which would
have maintained the OY at 150,000 mt.
This OY would be roughly 40 percent
greater than the average historical
landings for this fishery (2001–2005),
and would not pose a constraint on the
fishery. Two alternatives would set OY
at 145,000 mt, the potential impacts of
which are discussed above. Two
alternatives would have set OY at
170,000 mt. This OY would be roughly
60 percent greater than the average
historical landings for this fishery
(2001–2005), and therefore would not
pose a constraint on the fishery.
The proposed action would establish
the following TACs: Area 1A, 50,000 mt
in 2007, and 45,000 mt in 2008 and
2009; Area 1B, 10,000 mt in 2007–2009;
Area 2, 30,000 mt in 2007–2009; and
Area 3, 55,000 mt in 2007, and 60,000
mt in 2008 and 2009. Only the Area 1A
TAC would be constraining, given
recent landings history. The impacts of
such a reduction are considered, in turn,
for the purse seine fleet, the single
midwater trawl fleet, and the paired
midwater trawl fleet.
In 2005, the currently active purse
seine fleet caught 27 percent of the Area
1A TAC. With a 10,000–15,000–mt
reduction in the Area 1A TAC, it the
proportion of the herring catch by the
purse seine fleet remains the same and
the decrease in the Area 1A TAC cannot
be made up from fishing in other areas,
there would be a 2,700–mt loss in catch
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under the proposed action during 2007,
and a 4,050 mt loss in catch in 2008 and
2009. Using the 2005 average price of
herring of $202 per metric ton, this loss
in catch would be worth $545,400 and
$818,000, respectively, across the sector
(there are four vessels in the currently
active purse seine fleet). To make up for
such a loss, these vessels would have to
either increase their proportion of the
herring catch in Area 1A relative to
midwater trawlers, or move to other
areas. Moving to offshore areas may be
problematic due to the size of the
vessels. There were no landings from
Area 3 by the purse seine fleet in 2005.
Moving offshore would also entail
additional operating costs.
With a 10,000–15,000–mt decrease in
the Area 1A TAC, the impact of the
proposed action on the single midwater
trawl fleet is difficult to predict, because
the PS/FG only area eliminates single
midwater trawl vessels from Area 1A
during the most productive part of the
Area 1A fishery (June through
September). The establishment of a PS/
FG only area might intensify the race to
fish in Area 1A, as all midwater trawl
vessels (single and paired) try to catch
fish from the area prior to the closure to
trawling on June 1.
If herring are plentiful in Area 1A
during the spring (Area 1A catches
increase in May, historically), the single
midwater trawlers may be able to
maintain their historical proportion of
the Area 1A TAC. However, it is likely
that purse seine vessels and midwater
pair trawl vessels would also participate
in the pre-June race in order to keep
their landings on par with previous
years. In addition, single midwater trawl
vessels might convert to purse seine
gear in order to fish in Area 1A in the
summer.
In 2005, the currently active single
midwater trawl fleet caught 18 percent
of the Area 1A TAC. If the proportion
of the herring catch by the single
midwater trawl fleet remains the same,
and the decrease in the Area 1A TAC
cannot be made up from fishing in other
areas, there would be a 1,800–mt loss in
catch under the proposed action during
2007, and a 2,700–mt loss in catch in
2008 and 2009. Using the 2005 average
price of herring of $202 per metric ton,
this loss in catch would be worth
$363,600 and $545,400, respectively,
across the sector (there are four vessels
that were active in Area 1A from 2003–
2005 in the single midwater trawl fleet).
To make up for such a loss, the single
midwater trawl vessels would have to
either increase their proportion of the
herring catch in Area 1A relative to
purse seine vessels, or move to other
areas. Moving to offshore areas may be
VerDate Aug<31>2005
14:21 Jan 09, 2007
Jkt 211001
problematic for two of the four single
midwater trawl vessels since these two
are relatively smaller vessels and have
only landed herring from Area 1A
during 2003 through 2005, indicating an
inability to fish offshore. The other two
vessels are somewhat larger and have
Area 3 catch history so their loss of Area
1A catch may be mitigated by their
ability to fish in Area 3. If the single
midwater trawl vessels make up their
catch in Areas 2 and 3, the cost to
harvest the fish will increase
(depending on their home port with
respect to Area 2) due to increased
steaming costs.
Since the 10,000–mt to 15,000–mt
reduction in TAC is proposed in Area
1A, the single midwater trawl fleet may
have to rely more on Area 1B. The Area
1B TAC has historically not been
reached every year (60 percent was
utilized in 2005). Since Area 1B is
farther from shore than Area 1A, the
cost of harvesting herring will increase.
Area 1B will only be able to provide
limited relief for vessels impacted by
the reduction in the Area 1A TAC since
it is limited to 10,000 mt. Since a
shortfall of 10,000 mt to 15,000 mt in
Area 1A could not be made up entirely
in Area 1B, the Area 1B season may be
shortened.
With decreases in the Area 1A TAC of
10,000 mt to 15,000 mt under the
proposed action, the impact on the
midwater pair trawl fleet could also be
large. It is difficult to predict what the
impact will be on the midwater pair
trawl fleet, because at the time the new
Area 1A TAC would be implemented,
the PS/FG only area will be in effect.
Without knowing what portion of an
Area 1A TAC of 60,000 mt the pair trawl
fleet might land with the
implementation of a PS/FG only area, it
is difficult to know what a reduction of
10,000 mt to 15,000 mt might mean to
the fleet.
In 2005, the currently active pair
trawl fleet caught 55 percent of the Area
1A TAC. If the proportion of the herring
catch by the pair trawl fleet remains the
same and the decrease in the Area 1A
TAC cannot be made up from fishing in
other areas, there would be a 5,500–mt
loss in catch under the proposed action
in 2007, and a 8,250–mt loss in 2008
and 2009. Using the 2005 average price
of herring of $202 per metric ton, this
catch is worth $1,111,000 and
$1,666,500 respectively, across the
sector (there are 12 vessels in the pair
trawl fleet that were active from 2003–
2005). To make up for such a loss, pair
trawl vessels would have to either
increase their proportion of the herring
catch in Area 1A relative to purse seine
vessels, or move to other areas. All pair
PO 00000
Frm 00021
Fmt 4702
Sfmt 4702
trawl vessels have Area 3 catch history,
so their loss of Area 1A catch may be
mitigated by their ability to fish in Area
3. If the pair trawl vessels make up their
catch in Areas 2 and 3, the cost to
harvest the fish will increase
(depending on their home port with
respect to Area 2) due to increased
steaming costs.
Since the 10,000–mt to 15,000–mt
reduction in TAC is proposed in Area
1A, the pair trawl fleet may also have to
rely more on Area 1B. Since Area 1B is
farther from shore than Area 1A, the
cost of harvesting herring may increase.
Area 1B will only be able to provide
limited relief for vessels impacted by
the reduction in the Area 1A TAC since
it is limited to 10,000 mt. Since a
shortfall of 10,000 mt to 15,000 mt in
Area 1A could not be made up in Area
1B, the Area 1B season could be
shortened.
Two alternatives considered by the
Council would have established the
same TACs as were established in 2005–
2006: Area 1A, 60,000 mt; Area 1B,
10,000 mt; Area 2, 30,000 mt; and Area
3, 50,000 mt. Only the Area 1A TAC
might be constraining, given recent
landings history. The fourth alternative
would have been similar to the last two
alternatives, except the Area 3 TAC
would be 70,000 mt for all 3 years. The
increase in the Area 3 TAC of 20,000 mt
could result in a potential economic
gain of $4 million, using the 2005
average price of herring of $202 per
metric ton, which would most likely
accrue to trawlers since purse seiners
usually are not able to fish in Area 3.
The fifth alternative (the Councilrecommended) would have been similar
to the proposed action, except the Area
1A TAC would be 50,000 mt for all 3
years, and the Area 3 TAC would be
55,000 mt. The potential impacts of a
10,000–mt reduction in Area 1A have
already been discussed above. The
increase in the Area 3 TAC of 5,000 mt
could result in a potential economic
gain of $1 million, using the 2005
average price of herring of $202 per
metric ton, which would most likely
accrue to trawlers, since purse seiners
usually are not able to fish in Area 3.
The sixth alternative would have been
similar to the proposed action, except
the Area 1A TAC would be 45,000 mt
for all 3 years, with an Area 3 TAC of
60,000 mt. The potential impacts of a
15,000–mt reduction in Area 1A have
already been discussed above. The
increase in the Area 3 TAC of 10,000 mt
could result in a potential economic
gain of $2 million, using the 2005
average price of herring of $202 per
metric ton, which would most likely
accrue to trawlers, since purse seiners
E:\FR\FM\10JAP1.SGM
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Federal Register / Vol. 72, No. 6 / Wednesday, January 10, 2007 / Proposed Rules
mstockstill on PROD1PC61 with PROPOSALS
usually are not able to fish in Area 3.
The seventh alternative analyzed by the
Council is similar to the sixth
alternative, except the Area 2 TAC
would be 45,000 mt for all 3 years, and
the Area 3 TAC would be 70,000 mt.
The increase in the Area 2 TAC of
15,000 mt could result in a potential
economic gain of $3 million, using the
2005 average price of herring of $202
VerDate Aug<31>2005
14:21 Jan 09, 2007
Jkt 211001
per metric ton, which would most likely
accrue to trawlers, since purse seiners
usually are not able to fish in Area 3.
The increase in the Area 3 TAC of
20,000 mt could result in a potential
economic gain of $4 million, using the
2005 average price of herring of $202
per metric ton, which would most likely
accrue to trawlers, since purse seiners
usually are not able to fish in Area 3.
PO 00000
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Fmt 4702
Sfmt 4702
1211
Authority: 16 U.S.C. 1801 et seq.
Dated: January 4, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7–202 Filed 1–9–07; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\10JAP1.SGM
10JAP1
]]>Agencies
[Federal Register Volume 72, Number 6 (Wednesday, January 10, 2007)]
[Proposed Rules]
[Pages 1206-1211]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-202]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.061228342-6342-01; I.D. 122206A]
RIN 0648-AT66
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; 2007-2009 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed specifications; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes specifications for the 2007-2009 Atlantic
herring fishery. The intent of the specifications is to conserve and
manage the Atlantic herring resource and provide for a sustainable
fishery.
DATES: Comments must be received no later than 5 p.m., eastern standard
time, on February 9, 2007.
ADDRESSES: Copies of supporting documents, including the Environmental
Assessment, Regulatory Impact Review, Initial Regulatory Flexibility
Analysis (EA/RIR/IRFA), and Essential Fish Habitat Assessment are
available from Paul J. Howard, Executive Director, New England Fishery
Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The
EA/RIR/IRFA is also accessible via the Internet at https://www.nero.gov.
Written comments on the proposed rule may be sent by any of the
following methods:
Mail to Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, One Blackburn Drive, Gloucester, MA 01930.
Mark the outside of the envelope ``Comments, 2007-2009 Herring
Specifications'';
Fax to Patricia A. Kurkul 978-281-9135;
E-mail to the following address:
Herr2007to2009Specs@noaa.gov. Include in the subject line of the e-mail
comment the following document identifier: ``Comments, 2007-2009
Herring Specifications;'' or
Electronically through the Federal e-Rulemaking portal:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Eric Jay Dolin, Fishery Policy
Analyst, 978-281-9259, e-mail at eric.dolin@noaa.gov, fax at 978-281-
9135.
SUPPLEMENTARY INFORMATION:
Background
On September 28, 2006, the New England Fishery Management Council
(Council) recommended specifications for the Atlantic herring fishery.
At the time, Amendment 1 to the Atlantic Herring Fishery Management
Plan (Amendment 1) was under development. The notice of availability
for Amendment 1 was published in the Federal Register on September 6,
2006 (71 FR 52521), with the comment period ending on November 6, 2006.
One of the measures recommended in Amendment 1 was the establishment of
a 3-year specifications setting process. Because Amendment 1 was still
under review when the Council submitted its proposed specifications,
the specifications package included a contingency provision. If the
measure proposed in Amendment 1 to establish 3-year specifications was
approved by NMFS, then the specifications described in the Council's
package would be set for 3 years; but if the measure was not approved,
the specifications proposed by the Council would be implemented for the
2007 fishing year only. On December 6, 2006, NMFS partially approved
Amendment 1, including the 3-year specifications setting process. As a
result, the specifications proposed in this action would be set for 3
years. While Amendment 1 has been partially approved, the final rule
implementing the Amendment is still under development. The proposed
rule for Amendment 1 was published in the Federal Register on September
27, 2006 (71 FR 56446), and the comment period ended on November 13,
2006. NMFS expects to publish the final rule implementing the approved
measures in Amendment 1 in the near future.
As modified by Amendment 1, the regulations implementing the FMP
require the Council's Plan Development Team (PDT), which advises the
Council on technical matters pertaining to
[[Page 1207]]
herring management, to meet with the Atlantic States Marine Fisheries
Commissions' (Commission) Technical Committee (TC) to review the status
of the stock and the fishery and prepare a Stock Assessment and Fishery
Evaluation (SAFE) report every 3 years. While a SAFE report will only
be prepared every 3 years, the Herring PDT will be required to meet at
least once during interim years to review the status of the stock
relative to the overfishing definition, if information is available to
do so. When conducting a 3-year review and preparing a triennial SAFE
Report, the PDT/TC will report to the Council/Commission and recommend
any necessary adjustments to the specifications for the upcoming 3
years. Specifications and TACs are conveyed to NMFS once approved by
the Council, and published for public comment. If determined to be
consistent with the FMP, final specifications are implemented.
The Council may adjust the fishery specifications in the interim
years. If the Council determines that the specifications should be
adjusted during the 3-year time period, it can do so during one or both
of the interim years. No action is required by the Council to maintain
the same specifications for all 3 fishing years; Council action is
required only if the Council decides to recommend adjustments to the
specifications during the interim years.
The Council is authorized, in consultation with the Commission, to
set aside 0-3 percent of the TAC from any management area(s) to support
herring-related research. This research set aside (RSA) would be
administered through a process similar to that specified by the Mid-
Atlantic Fishery Management Council in several of its fishery
management plans. That mechanism would include the following elements:
Individual research projects may apply for the use of more than one
herring RSA allocation; researchers may request that the set-aside be
collected separately from the research trip or as part of the research
trip; and research compensation trips would not all necessarily have to
be conducted by the same vessel, but would have to be conducted in the
management area from which the set-aside was derived.
Specification of RSA amounts (percentages) for the upcoming fishing
years is incorporated into the Council's fishery specification package
every 3 years, and submitted to NMFS with any additional analysis
required, as part of the specification package. For each proposal
cycle, NMFS will publish a Request for Proposals (RFP) that specifies
research priorities identified by the Council and application
procedures for funding through the RSA. Since specifications are now
set for 3 fishing years, the proposal cycle will also cover 3 fishing
years, unless the Council identifies new/different research priorities
during the interim years and decides to publish a new RFP.
The Council determines the specific percentages for the RSAs and
the management area(s) to which they apply during the fishery
specification process. Currently, the herring fishery closes in a
particular management area when it is projected that 95 percent of the
area TAC has been/will be caught. The remaining 5 percent of the TAC is
set aside for incidental catch in other fisheries (under a 2,000-lb (
907 kg) trip limit) after the directed fishery is closed. The RSA is
intended to be in addition to the current 5 percent set-aside for
incidental catch once the directed fishery in a management area closes.
For example, if the Council sets aside 3 percent of the Area 1A TAC to
support research, then the Area 1A TAC would close when 92 percent is
projected to be reached.
In the event that the approved proposals do not make use of any or
all of the set-asides, NMFS is authorized to release the unutilized
portion of the RSA back to its respective management area(s) when the
final specifications are published. If there is unutilized RSA
available, NMFS, at the request of the Council, may publish another RFP
for either the second or third years of the 3-year specifications. In
such case, NMFS would release the unutilized portion of the set-aside
back to its respective management area(s) for the first year of the
specifications and any other year that yields unutilized RSA, after an
additional RFP is published. The Council also may decide not to publish
another RFP, in which case NMFS is authorized to release the unutilized
portion of the RSA back to its respective management area(s) for all 3
fishing years covered by the specifications.
On September 28, 2006, the Council proposed the following
specifications (see Table 1) for the herring fishery for the 2007-2009
fishing years, with a requirement that the Council review the
specifications during 2007 and determine whether adjustments should be
made for the 2008 and 2009 fishing years.
Table 1. Council-Proposed Specifications and Area TACs for the 2007-2009
Atlantic Herring Fishery
------------------------------------------------------------------------
Specification Proposed Allocation (mt)
------------------------------------------------------------------------
ABC 194,000
------------------------------------------------------------------------
OY 145,000
------------------------------------------------------------------------
DAH 145,000
------------------------------------------------------------------------
DAP 141,000
------------------------------------------------------------------------
JVPt 0
------------------------------------------------------------------------
JVP 0
------------------------------------------------------------------------
USAP 20,000
(Areas 2 and 3 only)
------------------------------------------------------------------------
BT 4,000
------------------------------------------------------------------------
TALFF 0
------------------------------------------------------------------------
Reserve 0
------------------------------------------------------------------------
TAC - Area 1A 50,000
[48,500 fishery; 1,500 RSA]
(January 1 - May 31, landings
cannot exceed 5,000)
------------------------------------------------------------------------
TAC - Area 1B 10,000
[9,700 fishery; 300 RSA]
------------------------------------------------------------------------
TAC - Area 2 30,000
[29,100 fishery; 900 RSA]
(No Reserve)
------------------------------------------------------------------------
TAC - Area 3 55,000
[53,350 fishery; 1,650 RSA]
------------------------------------------------------------------------
Research Set Aside 3 percent from each area TAC
(2008 and 2009 FY only)
------------------------------------------------------------------------
Proposed 2007-2009 Specifications
For the 2007 Atlantic herring fishing year, NMFS proposes to
implement the specifications recommended by the Council, which are
detailed in Table 1. For the fishing years 2008-2009, however, NMFS
proposes a further reduction in the Area 1A TAC from 50,000 mt to
45,000 mt, with a corresponding increase in the Area 3 TAC from 55,000
mt to 60,000 mt. The revisions for 2008-2009 are discussed in detail
below and are set out in Table 2.
Table 2. Proposed Specifications and Area TACs for the 2008-2009
Atlantic Herring Fishery
------------------------------------------------------------------------
Specification Proposed Allocation (mt)
------------------------------------------------------------------------
ABC 194,000
------------------------------------------------------------------------
OY 145,000
------------------------------------------------------------------------
[[Page 1208]]
DAH 145,000
------------------------------------------------------------------------
DAP 141,000
------------------------------------------------------------------------
JVPt 0
------------------------------------------------------------------------
JVP 0
------------------------------------------------------------------------
IWP 0
------------------------------------------------------------------------
USAP 20,000
(Areas 2 and 3 only)
------------------------------------------------------------------------
BT 4,000
------------------------------------------------------------------------
TALFF 0
------------------------------------------------------------------------
Reserve 0
------------------------------------------------------------------------
TAC - Area 1A 45,000
[43,650 fishery; 1,350 RSA]
(January 1 - May 31, landings
cannot exceed 5,000)
------------------------------------------------------------------------
TAC - Area 1B 10,000
[9,700 fishery; 300 RSA]
------------------------------------------------------------------------
TAC - Area 2 30,000
[29,100 fishery; 900 RSA]
(No Reserve)
------------------------------------------------------------------------
TAC - Area 3 60,000
[58,200 fishery; 1,800 RSA]
------------------------------------------------------------------------
Research Set Aside 3 % from each area TAC
(2008 and 2009 FY only)
------------------------------------------------------------------------
For all 3 years, the Council recommended the TAC in Area 1A at
50,000 mt, which is less than what has been landed from the area each
year since the implementation of the FMP in 2000. In most of those
years, the Area 1A TAC, which has been 60,000 mt, has been fully
utilized. The Council's recommendation to reduce the Area 1A TAC to
50,000 mt was based on a number of factors, among them, concern that
the inshore component of the Atlantic herring stock is the most
vulnerable component of the stock complex. Although Area 1A is not
synonymous with the ``inshore stock component,'' there is a
considerable amount of overlap. A risk assessment requested by the
Council and performed by the PDT found that the Council's proposed
action appears to be marginally successful in producing an exploitation
rate that is consistent with FMSY for the stock component,
based on a reasonable range of estimated stock mixing ratios for summer
and winter. The PDT stated that it would be advisable to establish an
Area 1A TAC that keeps exploitation of this component at or below
FMSY.
The rationale the Council used to recommend a reduction in the Area
1A TAC by 10,000 mt is sound; however, NMFS believes that the PDT risk
assessment demonstrates that an even deeper cut in the Area 1A TAC is
warranted. NMFS is especially concerned about the strong retrospective
pattern identified in the stock assessment that was conducted in May
2006 by the Transboundary Resource Assessment Committee (TRAC) for
biomass and fishing mortality estimates. The retrospective pattern
overestimates SSB (averaging + 14.5 percent/year, and ranging between
1-24 percent) and underestimates fishing mortality. While the herring
stock as a whole is currently in good shape, given the retrospective
pattern identified, it is likely that, as more data are collected and
analyzed, the health of the stock today will be found to be not as
robust as the current data imply. Therefore, NMFS proposes to be more
precautionary in setting the TAC for Area 1A in 2008 and 2009, to
protect the inshore stock component. Reducing the Area 1A TAC an
additional 5,000 mt in 2008 and 2009 is more risk averse than the
measures recommended by the Council, and would help ensure that
exploitation rates are more consistent with FMSY over the next 3 years.
NMFS believes that the extra amount of caution that a 45,000-mt Area 1A
TAC affords is warranted, given the strong retrospective pattern in
this stock assessment, and the output of the risk assessment.
The setting of ABC is tied to the availability of new scientific
data. The May 2006 herring assessment completed by the TRAC recommended
a new MSY of 194,000 mt. In response to the 2006 TRAC Assessment, the
PDT recommended that ABC for the Atlantic herring fishery be set at
194,000 mt for the 2007-2009 fishing years. The Herring Committee and
Council supported this recommendation, and NMFS concurs with the
recommendation.
The FMP specifies that OY will be less than or equal to ABC minus
the expected Canadian catch (C) from the stock complex. The estimate of
the Canadian catch that is deducted from ABC will be no more than
20,000 mt for the New Brunswick weir fishery and no more than 10,000 mt
for the Georges Bank fishery. The PDT, the Herring Committee, and the
Council recommended that the assumed Canadian herring catch for 2007-
2009 should remain at 20,000 mt. NMFS concurs, and proposes that the
maximum value of OY be 174,000 mt.
The FMP also states that the establishment of OY will include
consideration of relevant economic, social, and ecological factors and
that OY may be less than ABC C. The Council recommended, and NMFS is
proposing a 29,000-mt buffer between the maximum OY and the recommended
OY of 145,000 mt. This level of OY would allow the herring fishery to
expand significantly above current levels without allowing landings to
increase all the way to ABC, which could be detrimental to the stock
complex over the long term, given the retrospective pattern in the
stock assessment. A buffer between ABC and OY is intended to help
ensure that adequate SSB is available to produce strong and healthy
recruitment in fluctuating and unpredictable environmental conditions.
The importance of herring as a forage species for other Northeast
region fish, mammals, and seabirds is another reason that a buffer
between ABC and OY is appropriate.
The OY of 145,000 mt is a level that can be fully harvested by the
domestic fleet, resulting in a specification of DAH of 145,000 mt,
precluding an allocation of TALFF. Setting DAH at 145,000 mt is
reasonable, given the capacity of the herring fleet and the likelihood
that landings will increase. The average herring landings from the most
recent 5-year period (2001-2005) is 100,370 mt. The highest level of
Atlantic herring landings in recent years was in 2001, when 120,025 mt
were landed. The proposed DAH of 145,000 mt would allow a 45-percent
increase in landings as compared to the 2001-2005 average, and a 20-
percent increase in overall landings as compared to 2001, and is
realistic, given fishery performance in recent years, and the
information about industry operations in the specifications.
Since DAH is proposed to be set at 145,000 mt (of which 4,000 mt
would be allocated for BT), DAP is proposed to be specified at 141,000
mt. It is possible, given the capacity of the current harvesting fleet,
the potential for market expansion to occur, and the expressed intent
(made clear through public testimony) of the U.S. industry to expand
the Atlantic herring fishery, that processors will utilize the
recommended DAP. Because the recommended DAP is sufficient to process
the entire DAH (minus the BT), JVP is set at zero. JVP operations would
likely compete with U.S. processors for product, which could have a
substantial negative impact on domestic facilities in
[[Page 1209]]
a market-driven fishery. This is consistent with the following
relationship, which is specified in the FMP: DAH = DAP + JVPt + BT.
The proposed USAP allocation of 20,000 mt could provide an
additional outlet for harvesters and, therefore, increase the benefits
to the U.S. industry. As in previous years, USAP activity would be
restricted to TAC Areas 2 and 3.
The proposed TAC in Area 1B would be set at 10,000 mt, which is the
same level it has been set at since 2001. The Area 1B TAC was exceeded
in 2001, when 16,704 mt was landed; in 2004, when 13,282 mt was landed;
and in 2006, for which the final landings tally is not yet available.
In other years since 2001, the landings from Area 1B have been
considerably lower (25 percent or more) than 10,000 mt.
The proposed TACs for Areas 2 and 3 are intended to permit the
fishery to increase landings in those areas above the highest levels
achieved in recent years. The highest recent landings in Area 2 were
27,198 mt in 2000; thus, the proposed allocation would allow the
fishery to slightly exceed that level. The highest recent landings in
Area 3 were 35,079 mt in 2001; thus, the allocation would allow the
fishery to exceed that level by a considerable amount, because this is
the area most likely to see expanded harvests.
Classification
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866.
The Council prepared an IRFA, as required by section 603 of the
Regulatory Flexibility Act (RFA), which describes the economic impacts
this proposed rule, if adopted, would have on small entities. A copy of
the IRFA can be obtained from the Council or NMFS (see ADDRESSES) or
via the Internet at https://www.nero.noaa.gov. A summary of the analysis
follows:
Statement of Objective and Need
A description of the reasons why this action is being considered,
and the objectives of and legal basis for this action, is contained in
the preamble to this proposed rule and is not repeated here.
Description and Estimate of Number of Small Entities to Which the Rule
Will Apply
During the 2005 fishing year, 143 vessels landed herring, 33 of
which averaged more than 2,000 lb ( 907 kg) of herring per trip. The
Small Business Administration's size standard for small commercial
fishing entities is $4 million in gross sales. Thus, there are no large
entities, as defined in section 601 of the RFA, participating in this
fishery. Therefore, there are no disproportionate economic impacts
between large and small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
This action does not contain any new collection-of-information,
reporting, recordkeeping, or other compliance requirements. It does not
duplicate, overlap, or conflict with any other Federal rules.
Minimizing Significant Economic Impacts on Small Entities
Impacts were assessed by the Council and NMFS by comparing the
proposed measures to the Atlantic herring landings made in 2005, the
last complete year for which data is available. From a fishery-wide
perspective, the proposed specifications are not expected to produce a
negative economic impact to vessels prosecuting the fishery because it
allows for landings levels that are significantly higher than the
average landings in recent years. The proposed 2007-2009 specifications
should allow for incremental growth in the industry, while taking into
consideration biological information. However, because of the
distribution of the Area TACs, and the reduction in the Area 1A TAC in
particular, the proposed specifications could have a negative impact on
various parts of the industry, despite the fact that overall landings
levels could be higher than in recent years.
The specification of OY and DAH is proposed to be 145,000 mt for
2007-2009. At this level, there could be an annual increase of up to
51,610 mt in herring landings (relative to the 93,390 mt landed in
2005), or $10.4 million in revenues, based on an average price (in
2005) of $202/mt. This could allow individual vessels to increase their
profitability under the proposed 2007-2009 specifications, depending on
how may vessels ultimately end up qualifying for and participating in
the fishery once it becomes a limited access fishery with the
implementation of Amendment 1 in 2007. The magnitude of economic
impacts related to the 141,000-mt specification of DAP will depend on
the processing sector's ability to expand markets and increase capacity
to handle larger amounts of herring during 2007-2009.
JVPt was zero in 2005, therefore there are no potential economic
losses associated with maintaining this specification in 2007-2009.
Potential economic gains could be associated with the utilization of
the 20,000 mt USAP, which has not been utilized in recent years. These
gains could approximate $4 million annually (based on an average price
of $202/mt) if all of the 20,000-mt allocation were utilized in 2007-
2009.
The Area 1B TAC of 10,000 mt has been unchanged since the 2000
fishery. Since only 6,108 mt of herring were harvested in Area 1B in
2005, the proposed 2007-2009 specification of 10,000 mt could allow for
an increased catch of 3,892 mt, which would equal $786,000 (based on an
average price of $202/mt). This could allow individual vessels to
increase their profitability under the proposed 2007-2009
specifications, depending on how may vessels ultimately end up
qualifying for and participating in the fishery once it becomes a
limited access fishery with the implementation of Amendment 1 in 2007.
The Council analyzed six alternatives for OY (the OY for the
proposed action was already discussed above). Two alternatives would
have retained the specifications implemented during the 2005-2006
fishing years, which would have maintained the OY at 150,000 mt. This
OY would be roughly 40 percent greater than the average historical
landings for this fishery (2001-2005), and would not pose a constraint
on the fishery. Two alternatives would set OY at 145,000 mt, the
potential impacts of which are discussed above. Two alternatives would
have set OY at 170,000 mt. This OY would be roughly 60 percent greater
than the average historical landings for this fishery (2001-2005), and
therefore would not pose a constraint on the fishery.
The proposed action would establish the following TACs: Area 1A,
50,000 mt in 2007, and 45,000 mt in 2008 and 2009; Area 1B, 10,000 mt
in 2007-2009; Area 2, 30,000 mt in 2007-2009; and Area 3, 55,000 mt in
2007, and 60,000 mt in 2008 and 2009. Only the Area 1A TAC would be
constraining, given recent landings history. The impacts of such a
reduction are considered, in turn, for the purse seine fleet, the
single midwater trawl fleet, and the paired midwater trawl fleet.
In 2005, the currently active purse seine fleet caught 27 percent
of the Area 1A TAC. With a 10,000-15,000-mt reduction in the Area 1A
TAC, it the proportion of the herring catch by the purse seine fleet
remains the same and the decrease in the Area 1A TAC cannot be made up
from fishing in other areas, there would be a 2,700-mt loss in catch
[[Page 1210]]
under the proposed action during 2007, and a 4,050 mt loss in catch in
2008 and 2009. Using the 2005 average price of herring of $202 per
metric ton, this loss in catch would be worth $545,400 and $818,000,
respectively, across the sector (there are four vessels in the
currently active purse seine fleet). To make up for such a loss, these
vessels would have to either increase their proportion of the herring
catch in Area 1A relative to midwater trawlers, or move to other areas.
Moving to offshore areas may be problematic due to the size of the
vessels. There were no landings from Area 3 by the purse seine fleet in
2005. Moving offshore would also entail additional operating costs.
With a 10,000-15,000-mt decrease in the Area 1A TAC, the impact of
the proposed action on the single midwater trawl fleet is difficult to
predict, because the PS/FG only area eliminates single midwater trawl
vessels from Area 1A during the most productive part of the Area 1A
fishery (June through September). The establishment of a PS/FG only
area might intensify the race to fish in Area 1A, as all midwater trawl
vessels (single and paired) try to catch fish from the area prior to
the closure to trawling on June 1.
If herring are plentiful in Area 1A during the spring (Area 1A
catches increase in May, historically), the single midwater trawlers
may be able to maintain their historical proportion of the Area 1A TAC.
However, it is likely that purse seine vessels and midwater pair trawl
vessels would also participate in the pre-June race in order to keep
their landings on par with previous years. In addition, single midwater
trawl vessels might convert to purse seine gear in order to fish in
Area 1A in the summer.
In 2005, the currently active single midwater trawl fleet caught 18
percent of the Area 1A TAC. If the proportion of the herring catch by
the single midwater trawl fleet remains the same, and the decrease in
the Area 1A TAC cannot be made up from fishing in other areas, there
would be a 1,800-mt loss in catch under the proposed action during
2007, and a 2,700-mt loss in catch in 2008 and 2009. Using the 2005
average price of herring of $202 per metric ton, this loss in catch
would be worth $363,600 and $545,400, respectively, across the sector
(there are four vessels that were active in Area 1A from 2003-2005 in
the single midwater trawl fleet). To make up for such a loss, the
single midwater trawl vessels would have to either increase their
proportion of the herring catch in Area 1A relative to purse seine
vessels, or move to other areas. Moving to offshore areas may be
problematic for two of the four single midwater trawl vessels since
these two are relatively smaller vessels and have only landed herring
from Area 1A during 2003 through 2005, indicating an inability to fish
offshore. The other two vessels are somewhat larger and have Area 3
catch history so their loss of Area 1A catch may be mitigated by their
ability to fish in Area 3. If the single midwater trawl vessels make up
their catch in Areas 2 and 3, the cost to harvest the fish will
increase (depending on their home port with respect to Area 2) due to
increased steaming costs.
Since the 10,000-mt to 15,000-mt reduction in TAC is proposed in
Area 1A, the single midwater trawl fleet may have to rely more on Area
1B. The Area 1B TAC has historically not been reached every year (60
percent was utilized in 2005). Since Area 1B is farther from shore than
Area 1A, the cost of harvesting herring will increase. Area 1B will
only be able to provide limited relief for vessels impacted by the
reduction in the Area 1A TAC since it is limited to 10,000 mt. Since a
shortfall of 10,000 mt to 15,000 mt in Area 1A could not be made up
entirely in Area 1B, the Area 1B season may be shortened.
With decreases in the Area 1A TAC of 10,000 mt to 15,000 mt under
the proposed action, the impact on the midwater pair trawl fleet could
also be large. It is difficult to predict what the impact will be on
the midwater pair trawl fleet, because at the time the new Area 1A TAC
would be implemented, the PS/FG only area will be in effect. Without
knowing what portion of an Area 1A TAC of 60,000 mt the pair trawl
fleet might land with the implementation of a PS/FG only area, it is
difficult to know what a reduction of 10,000 mt to 15,000 mt might mean
to the fleet.
In 2005, the currently active pair trawl fleet caught 55 percent of
the Area 1A TAC. If the proportion of the herring catch by the pair
trawl fleet remains the same and the decrease in the Area 1A TAC cannot
be made up from fishing in other areas, there would be a 5,500-mt loss
in catch under the proposed action in 2007, and a 8,250-mt loss in 2008
and 2009. Using the 2005 average price of herring of $202 per metric
ton, this catch is worth $1,111,000 and $1,666,500 respectively, across
the sector (there are 12 vessels in the pair trawl fleet that were
active from 2003-2005). To make up for such a loss, pair trawl vessels
would have to either increase their proportion of the herring catch in
Area 1A relative to purse seine vessels, or move to other areas. All
pair trawl vessels have Area 3 catch history, so their loss of Area 1A
catch may be mitigated by their ability to fish in Area 3. If the pair
trawl vessels make up their catch in Areas 2 and 3, the cost to harvest
the fish will increase (depending on their home port with respect to
Area 2) due to increased steaming costs.
Since the 10,000-mt to 15,000-mt reduction in TAC is proposed in
Area 1A, the pair trawl fleet may also have to rely more on Area 1B.
Since Area 1B is farther from shore than Area 1A, the cost of
harvesting herring may increase. Area 1B will only be able to provide
limited relief for vessels impacted by the reduction in the Area 1A TAC
since it is limited to 10,000 mt. Since a shortfall of 10,000 mt to
15,000 mt in Area 1A could not be made up in Area 1B, the Area 1B
season could be shortened.
Two alternatives considered by the Council would have established
the same TACs as were established in 2005-2006: Area 1A, 60,000 mt;
Area 1B, 10,000 mt; Area 2, 30,000 mt; and Area 3, 50,000 mt. Only the
Area 1A TAC might be constraining, given recent landings history. The
fourth alternative would have been similar to the last two
alternatives, except the Area 3 TAC would be 70,000 mt for all 3 years.
The increase in the Area 3 TAC of 20,000 mt could result in a potential
economic gain of $4 million, using the 2005 average price of herring of
$202 per metric ton, which would most likely accrue to trawlers since
purse seiners usually are not able to fish in Area 3.
The fifth alternative (the Council-recommended) would have been
similar to the proposed action, except the Area 1A TAC would be 50,000
mt for all 3 years, and the Area 3 TAC would be 55,000 mt. The
potential impacts of a 10,000-mt reduction in Area 1A have already been
discussed above. The increase in the Area 3 TAC of 5,000 mt could
result in a potential economic gain of $1 million, using the 2005
average price of herring of $202 per metric ton, which would most
likely accrue to trawlers, since purse seiners usually are not able to
fish in Area 3.
The sixth alternative would have been similar to the proposed
action, except the Area 1A TAC would be 45,000 mt for all 3 years, with
an Area 3 TAC of 60,000 mt. The potential impacts of a 15,000-mt
reduction in Area 1A have already been discussed above. The increase in
the Area 3 TAC of 10,000 mt could result in a potential economic gain
of $2 million, using the 2005 average price of herring of $202 per
metric ton, which would most likely accrue to trawlers, since purse
seiners
[[Page 1211]]
usually are not able to fish in Area 3. The seventh alternative
analyzed by the Council is similar to the sixth alternative, except the
Area 2 TAC would be 45,000 mt for all 3 years, and the Area 3 TAC would
be 70,000 mt. The increase in the Area 2 TAC of 15,000 mt could result
in a potential economic gain of $3 million, using the 2005 average
price of herring of $202 per metric ton, which would most likely accrue
to trawlers, since purse seiners usually are not able to fish in Area
3. The increase in the Area 3 TAC of 20,000 mt could result in a
potential economic gain of $4 million, using the 2005 average price of
herring of $202 per metric ton, which would most likely accrue to
trawlers, since purse seiners usually are not able to fish in Area 3.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 4, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-202 Filed 1-9-07; 8:45 am]
BILLING CODE 3510-22-S
