Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery, 54945-54947 [E9-25754]
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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Proposed Rules
on October 27, 2009, and the Marriott
New York Downtown, 85 West Street at
Albany Street, New York, NY 10006, on
October 29, 2009.
All meetings will be held from 9 a.m.
until 4 p.m. local time unless otherwise
noted. The meetings may conclude
before the allotted time if all matters of
discussion have been addressed.
You may submit written comments
identified by docket number USCG–
2001–10486 before or after the meeting
using any one of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays. The telephone number
is 202–366–9329.
To avoid duplication, please use only
one of these four methods. Our online
docket for this rulemaking is available
on the Internet at https://
www.regulations.gov under docket
number USCG–2001–10486.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this proposed
rulemaking, call or e-mail Mr. John
Morris, Project Manager, Environmental
Standards Division, U.S. Coast Guard
Headquarters, telephone 202–372–1433,
e-mail: John.C.Morris@uscg.mil. If you
have questions on viewing or submitting
material to the docket, call Ms. Renee V.
Wright, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The Coast
Guard published a Notice of Proposed
Rulemaking (NPRM) in the Federal
Register on Friday, August 28, 2009 (74
FR 44632), entitled ‘‘Standards for
Living Organisms in Ships’ Ballast
Water Discharged in U.S. Waters.’’ In it,
we stated our intention to hold public
meetings, and to publish a notice with
additional details regarding those public
meetings as soon as the information was
available (74 FR 44632).
On Monday, September 14, 2009, we
published a Notice of Public Meeting to
inform the public of the date for each
public meeting, as well as the city in
which those meetings will be held (74
FR 46964). That notice also stated that
additional notice(s) would be published
in the Federal Register as specific
locations and details for these meetings
were finalized.
On Tuesday, September 22, 2009, we
published a Notice of Public Meeting
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14:39 Oct 23, 2009
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with the specific locations and details
for the first two of the six public
meetings (74 FR 48190). Then, on
Monday, September 28, 2009, we
published a Notice of Public Meeting
providing the same information for the
second two public meetings and
restating the details for the first two
public meetings (74 FR 49355). This
notice provides those details for the
final two public meetings.
On Thursday, October 15, 2009, we
published a Notice to extend the periods
of public comment on the Notice of
Proposed Rulemaking (NPRM) and the
Draft Programmatic Environmental
Impact Statement (DPEIS) to December
4, 2009 (74 FR 52941). On Thursday,
October 22, 2009, we published a Notice
of Public Meetings with locations and
details for the Oakland, CA and New
York, NY public meetings (74 FR
54533).
The location for the Oakland, CA
meeting listed in the October 22, 2009
notice was incorrect. The October 27,
2009 meeting will be held at the Hilton
Oakland Airport, One Hegenberger
Road, Oakland, CA 94621. The phone
number for the location is 510–635–
5000.
The October 29, 2009 meeting will be
held at the Marriott New York
Downtown, 85 West Street at Albany
Street, New York, NY 10006. The phone
number for the location is 212–385–
4900.
Live Webcasts (audio and video) of
the public meetings will also be
broadcast online at https://
ballastwater.us/.
Written comments and related
material may also be submitted to Coast
Guard personnel specified at those
meetings for inclusion in the official
docket for this rulemaking.
Information on Service for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
public meetings, contact Mr. John
Morris at the telephone number or email address indicated under the FOR
FURTHER INFORMATION CONTACT section of
this notice.
Dated: October 22, 2009.
Mark W. Skolnicki,
Acting Chief, Office of Regulations and
Administrative Law, U.S. Coast Guard.
[FR Doc. E9–25807 Filed 10–22–09; 4:15 pm]
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54945
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0907221160–91168–01]
RIN 0648–AY01
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Monkfish
Fishery
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: NMFS is proposing a
regulatory amendment to the Monkfish
Fishery Management Plan (FMP) to
allow projects funded through the
Monkfish Research Set-Aside (RSA)
Program to carryover unused monkfish
RSA days-at-sea (DAS) into the
following fishing year. Given the most
recent information on the status of
monkfish stocks, the regulation that
prohibits monkfish RSA DAS to be
carried over to the next fishing year is
no longer necessary. In addition, this
action would provide researchers with
flexibility to complete research funded
through the Monkfish RSA Program.
DATES: Written comments must be
received no later than 5 p.m. eastern
standard time, on November 25, 2009.
ADDRESSES: You may submit comments,
identified by RIN number 0648–AY01,
by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal https://
www.regulations.gov.
• Fax: (978) 281–9135, Attn: Anna
Macan.
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, Northeast
Regional Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope: ‘‘Comments on
Monkfish RSA DAS Regulatory
Amendment.’’
Instructions: All comments received
are part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Proposed Rules
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted via
Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats
only.
FOR FURTHER INFORMATION CONTACT:
Anna Macan, Fishery Management
Specialist, phone (978) 281–9165, fax
(978) 281–9135.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with PROPOSALS-1
Background
The monkfish fishery is jointly
managed by the New England and MidAtlantic Fishery Councils, with the New
England Council having the
administrative lead. The fishery extends
from Maine to North Carolina, and is
divided into two management units:
The Northern Fishery Management Area
(NFMA) and the Southern Fishery
Management Area (SFMA).
The Monkfish RSA Program was
implemented through Amendment 2 to
the Monkfish FMP, and 500 DAS are set
aside annually from the total number of
DAS allocated to limited access
monkfish vessels to encourage vessels to
participate in cooperative research.
Because the amendment was silent on
this issue of whether RSA DAS
allocated to a research project should be
allowed to be carried over to the
following fishing year, during the
rulemaking for Amendment 2, NMFS
implemented a regulation that
prohibited the carryover of unused
monkfish RSA DAS (§ 648.92(c)(1)(v)).
This regulation was not an element of
the RSA program as proposed by the
Councils in Amendment 2 to the FMP,
but rather was implemented in the final
rule for the amendment under NMFS’s
administrative authority, under section
305(d) of the Magnunson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). NMFS
took this approach due, in part, to the
status of the stock at the time; at the
time the amendment was being
implemented, monkfish were
considered overfished in both areas,
with little sign of rebuilding. Since the
stock is now considered to be rebuilt,
the restriction on carrying over RSA
DAS has become less of a concern.
Recent experience has demonstrated
that researchers who participate in the
monkfish RSA program have often been
unable to use all of their allocated RSA
DAS within the fishing year for which
the grants were issued. Reasons such as
unsafe weather conditions, unexpected
DAS adjustments (e.g., Framework
Adjustment 4 to the FMP), higher than
expected fuel costs, and delayed grant
approval have caused RSA DAS to go
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unused, resulting in loss of fishing
revenue and corresponding research
funding.
Allowing RSA DAS carryover would
improve the success of the Monkfish
RSA Program and would be consistent
with the rationale for allowing
commercial DAS carryover, detailed in
the original FMP (e.g., to reduce the
incentive to operate in unsafe
conditions at the end of the fishing
year).
NMFS considered four options for
how monkfish RSA DAS could be
carried over, as follows:
Option 1: Allow a specific number of
DAS to be carried over by each project.
For example, each project could be
allowed to carry over up to four unused
DAS to be used in the following fishing
year. This option would be consistent
with the current carryover policy for
commercial vessels (which limits each
vessel to four carryover DAS). However,
this does not take into account
variations in the number of monkfish
RSA DAS granted to each project or the
number of vessels that may be involved.
Option 2: Allow for a fixed percentage
of RSA DAS carryover based on current
commercial carryover policy. Because
monkfish vessels are currently allowed
to carryover 4 of their allocated 31 DAS,
representing 13 percent of their base
DAS allocation, this 13 percent could be
applied to each project’s RSA DAS as
well. For example, if a project were
granted 200 RSA DAS in fishing year
(FY) 2009, up to 26 of these DAS could
be carried over to FY 2010. Unlike
Option 1, this percentage-based scheme
would allow for those projects given
more RSA DAS the opportunity to
carryover more DAS. The carryover
percentage for RSA DAS would be
adjusted annually with any changes in
the carryover allocation to commercial
vessels, accounting for changes in the
management of the fishery. If carryover
DAS are discontinued in the
commercial fishery, no rollover DAS
would be allowed for RSA.
Option 3: Allow for projects to
rollover of all unused RSA DAS into the
following fishing year.
Option 4: Status quo, NMFS retains
its conservative approach and does not
allow for the carryover of RSA DAS.
Option 3, the rollover of all RSA DAS,
is NMFS’s preferred alternative. The
annual allocation of 500 DAS to the
monkfish RSA program is a small
percentage of the total DAS allocated to
the fishery. Since 2006, when the
program was first implemented, around
2 percent of the allocated DAS have
been RSA DAS. In 2008, only 346.88
(69.38 percent) of the 500 RSA DAS
awarded to various projects were used.
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The unused 2008 RSA DAS of 153.12
days would have represented less than
1 percent of the total 2009 allocated
DAS, had the rollover of all unused RSA
DAS been allowed in 2009. When
considering fishing effort for 2008, the
used RSA DAS represented less than 7
percent of the total DAS used.
Furthermore, the biological impacts of
the 500 RSA DAS have already been
assessed in Amendment 2 and because
monkfish is considered a data poor
stock, the research generated from these
projects outweigh any minimal
biological impacts associated with
rollover of RSA DAS.
The other three non-preferred options
either do not allow for the carryover of
RSA DAS, or do not allow for all RAS
DAS to be carried over. As a result,
these options would not maximize the
recovery of revenue that is needed to
fund the research projects. If RSA
funding cannot be realized, researchers
may have to abandon their projects or
seek support from other sources that
often result in a lengthy review process.
Therefore, NMFS considers option 3 as
the best approach to successfully
implement the Monkfish RSA Program.
Also, had the 500 monkfish DAS set
aside for research instead remained in
the commercial fishery pool, some of
these DAS would have been able to be
carried over to the next fishing year
under existing regulations. If carryover
DAS are discontinued in the
commercial fishery, NMFS would
reconsider whether rollover of RSA DAS
would be allowed under the Monkfish
RSA Program.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries, NOAA, has
determined that this proposed rule is
consistent with the Monkfish FMP,
other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The entities affected by this action are
research institutions and universities, which
are the groups that apply for and are issued
grants through the Monkfish RSA Program.
The proposed action to allow carryover of
monkfish RSA DAS into the next fishing year
would provide researchers the flexibility
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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Proposed Rules
necessary to complete research projects
funded through the Monkfish RSA Program.
In recent years, researchers have stated that
factors such as regulatory changes, increased
fuel costs, and delayed grant approval, have
greatly impacted their ability to use all of the
monkfish RSA DAS within the fishing year
for which they were granted. For example, in
fishing year 2007 (the second year of the
program), 367 monkfish RSA DAS were
allocated, but 296 DAS were used, leaving 71
monkfish RSA DAS unused. However, in
fishing year 2008, the number of unused
monkfish RSA DAS doubled to 153 out of a
total of 500 monkfish RSA DAS allocated.
This action is administrative in nature and
will not have any economic impacts on small
entities. This action would allow researchers
issued grants under the Monkfish RSA
Program the ability to fulfill those grant
obligations by providing them the
opportunity to complete their research
projects if, for unforeseen circumstances,
they are unable to utilize all of their
monkfish RSA DAS during the fishing year
for which those DAS were granted.
Therefore, because this action makes only a
minor administrative change to the Monkfish
RSA Program to ensure that this program
functions as intended, it will not have any
economic effect on small entities.
As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: October 20, 2009.
James W. Balsiger,
Acting Assistant Administrator For Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.92, paragraph (c)(1)(v) is
revised to read as follows:
§ 648.92 Effort-control program for
monkfish limited access vessels.
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*
*
*
*
*
(c) * * *
(1) * * *
(v) If the Regional Administrator
determines that the annual allocation of
research DAS will not be used in its
entirety once all of the grant awards
have been approved, the Regional
Administrator shall reallocate the
unallocated research DAS as exempted
DAS to be authorized as described in
paragraph (c)(2) of this section, and
provide notice of the reallocation of
DAS in the Federal Register. Any
allocated research DAS that are not used
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14:39 Oct 23, 2009
Jkt 220001
during the fishing year for which they
are granted may be carried over into the
next fishing year. Any unallocated
research DAS may not be carried over
into the next fishing year.
*
*
*
*
*
[FR Doc. E9–25754 Filed 10–23–09; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 0907241164–91187–01]
RIN 0648–AY09
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
SUMMARY: This proposed regulatory
amendment would authorize the NMFS
Northeast Regional Administrator (RA),
or the RA’s designee, to issue a Letter
of Authorization (LOA) to eligible
researchers on board federally permitted
fishing vessels that plan to temporarily
possess fish in a manner not compliant
with applicable fishing regulations, for
the purpose of collecting scientific data
on catch. Currently, federally permitted
fishing vessels that carry research
personnel during commercial fishing
trips for the purpose of collecting catch
data before discarding fish that
otherwise could not be retained are
required to obtain an exempted fishing
permit (EFP) in order to conduct their
sampling work, which is
administratively burdensome and has
resulted in the delay and lost
opportunity to conduct important
fishery research.
DATES: Written comments must be
received on or before November 25,
2009.
ADDRESSES: You may submit comments,
identified by 0648–AY09, by any one of
the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal:
https://www.regulations.gov.
• Mail: Paper, disk, or CD-ROM
comments should be sent to Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
PO 00000
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54947
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
the Proposed Rule to Modify Northeast
Region Experimental Fishing
Regulations.’’
• Fax: (978) 281–9135; attention Ryan
Silva.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All personal identifying information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Ryan Silva, Cooperative Research
Liaison, phone (978) 281–9326, fax
(978) 281–9135.
SUPPLEMENTARY INFORMATION: This
proposed rule would revise portions of
the Northeast Region experimental
fishing regulations by authorizing the
RA, or the RA’s designee, to issue an
LOA to eligible researchers on board
federally permitted fishing vessels that
temporarily possess fish species that
otherwise could not be retained under
the applicable fishing regulations, for
the purpose of collecting scientific data
on catch. The proposed changes would
be enacted under the authority given to
the Secretary of Commerce to
promulgate regulations to fully carry out
the requirements of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
Northeast Region fishing regulations
found at 50 CFR part 648 implement
management measures for fisheries
operating under 15 fishery management
plans (FMPs). These regulations include
minimum fish sizes, fish possession
limits, and various spatial and temporal
fish possession restrictions such as
quota and area closures. Federally
permitted fishing vessels that carry
research personnel during commercial
fishing trips for the purpose of
collecting catch data before discarding
restricted fish are currently required to
obtain an EFP in order to conduct their
sampling work. An EFP is required
primarily because the vessel would be
in possession of fish species that
otherwise could not be retained, albeit
temporarily, in a manner inconsistent
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]]>Agencies
[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Proposed Rules]
[Pages 54945-54947]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25754]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 0907221160-91168-01]
RIN 0648-AY01
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Monkfish
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is proposing a regulatory amendment to the Monkfish
Fishery Management Plan (FMP) to allow projects funded through the
Monkfish Research Set-Aside (RSA) Program to carryover unused monkfish
RSA days-at-sea (DAS) into the following fishing year. Given the most
recent information on the status of monkfish stocks, the regulation
that prohibits monkfish RSA DAS to be carried over to the next fishing
year is no longer necessary. In addition, this action would provide
researchers with flexibility to complete research funded through the
Monkfish RSA Program.
DATES: Written comments must be received no later than 5 p.m. eastern
standard time, on November 25, 2009.
ADDRESSES: You may submit comments, identified by RIN number 0648-
AY01, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal https://www.regulations.gov.
Fax: (978) 281-9135, Attn: Anna Macan.
Mail: Patricia A. Kurkul, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope: ``Comments on Monkfish RSA DAS
Regulatory Amendment.''
Instructions: All comments received are part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information.
[[Page 54946]]
NMFS will accept anonymous comments. Attachments to electronic
comments will be accepted via Microsoft Word, Microsoft Excel,
WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Anna Macan, Fishery Management
Specialist, phone (978) 281-9165, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly managed by the New England and Mid-
Atlantic Fishery Councils, with the New England Council having the
administrative lead. The fishery extends from Maine to North Carolina,
and is divided into two management units: The Northern Fishery
Management Area (NFMA) and the Southern Fishery Management Area (SFMA).
The Monkfish RSA Program was implemented through Amendment 2 to the
Monkfish FMP, and 500 DAS are set aside annually from the total number
of DAS allocated to limited access monkfish vessels to encourage
vessels to participate in cooperative research. Because the amendment
was silent on this issue of whether RSA DAS allocated to a research
project should be allowed to be carried over to the following fishing
year, during the rulemaking for Amendment 2, NMFS implemented a
regulation that prohibited the carryover of unused monkfish RSA DAS
(Sec. 648.92(c)(1)(v)). This regulation was not an element of the RSA
program as proposed by the Councils in Amendment 2 to the FMP, but
rather was implemented in the final rule for the amendment under NMFS's
administrative authority, under section 305(d) of the Magnunson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act). NMFS
took this approach due, in part, to the status of the stock at the
time; at the time the amendment was being implemented, monkfish were
considered overfished in both areas, with little sign of rebuilding.
Since the stock is now considered to be rebuilt, the restriction on
carrying over RSA DAS has become less of a concern.
Recent experience has demonstrated that researchers who participate
in the monkfish RSA program have often been unable to use all of their
allocated RSA DAS within the fishing year for which the grants were
issued. Reasons such as unsafe weather conditions, unexpected DAS
adjustments (e.g., Framework Adjustment 4 to the FMP), higher than
expected fuel costs, and delayed grant approval have caused RSA DAS to
go unused, resulting in loss of fishing revenue and corresponding
research funding.
Allowing RSA DAS carryover would improve the success of the
Monkfish RSA Program and would be consistent with the rationale for
allowing commercial DAS carryover, detailed in the original FMP (e.g.,
to reduce the incentive to operate in unsafe conditions at the end of
the fishing year).
NMFS considered four options for how monkfish RSA DAS could be
carried over, as follows:
Option 1: Allow a specific number of DAS to be carried over by each
project. For example, each project could be allowed to carry over up to
four unused DAS to be used in the following fishing year. This option
would be consistent with the current carryover policy for commercial
vessels (which limits each vessel to four carryover DAS). However, this
does not take into account variations in the number of monkfish RSA DAS
granted to each project or the number of vessels that may be involved.
Option 2: Allow for a fixed percentage of RSA DAS carryover based
on current commercial carryover policy. Because monkfish vessels are
currently allowed to carryover 4 of their allocated 31 DAS,
representing 13 percent of their base DAS allocation, this 13 percent
could be applied to each project's RSA DAS as well. For example, if a
project were granted 200 RSA DAS in fishing year (FY) 2009, up to 26 of
these DAS could be carried over to FY 2010. Unlike Option 1, this
percentage-based scheme would allow for those projects given more RSA
DAS the opportunity to carryover more DAS. The carryover percentage for
RSA DAS would be adjusted annually with any changes in the carryover
allocation to commercial vessels, accounting for changes in the
management of the fishery. If carryover DAS are discontinued in the
commercial fishery, no rollover DAS would be allowed for RSA.
Option 3: Allow for projects to rollover of all unused RSA DAS into
the following fishing year.
Option 4: Status quo, NMFS retains its conservative approach and
does not allow for the carryover of RSA DAS.
Option 3, the rollover of all RSA DAS, is NMFS's preferred
alternative. The annual allocation of 500 DAS to the monkfish RSA
program is a small percentage of the total DAS allocated to the
fishery. Since 2006, when the program was first implemented, around 2
percent of the allocated DAS have been RSA DAS. In 2008, only 346.88
(69.38 percent) of the 500 RSA DAS awarded to various projects were
used. The unused 2008 RSA DAS of 153.12 days would have represented
less than 1 percent of the total 2009 allocated DAS, had the rollover
of all unused RSA DAS been allowed in 2009. When considering fishing
effort for 2008, the used RSA DAS represented less than 7 percent of
the total DAS used. Furthermore, the biological impacts of the 500 RSA
DAS have already been assessed in Amendment 2 and because monkfish is
considered a data poor stock, the research generated from these
projects outweigh any minimal biological impacts associated with
rollover of RSA DAS.
The other three non-preferred options either do not allow for the
carryover of RSA DAS, or do not allow for all RAS DAS to be carried
over. As a result, these options would not maximize the recovery of
revenue that is needed to fund the research projects. If RSA funding
cannot be realized, researchers may have to abandon their projects or
seek support from other sources that often result in a lengthy review
process. Therefore, NMFS considers option 3 as the best approach to
successfully implement the Monkfish RSA Program. Also, had the 500
monkfish DAS set aside for research instead remained in the commercial
fishery pool, some of these DAS would have been able to be carried over
to the next fishing year under existing regulations. If carryover DAS
are discontinued in the commercial fishery, NMFS would reconsider
whether rollover of RSA DAS would be allowed under the Monkfish RSA
Program.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator for Fisheries, NOAA, has determined that this
proposed rule is consistent with the Monkfish FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The entities affected by this action are research institutions
and universities, which are the groups that apply for and are issued
grants through the Monkfish RSA Program. The proposed action to
allow carryover of monkfish RSA DAS into the next fishing year would
provide researchers the flexibility
[[Page 54947]]
necessary to complete research projects funded through the Monkfish
RSA Program. In recent years, researchers have stated that factors
such as regulatory changes, increased fuel costs, and delayed grant
approval, have greatly impacted their ability to use all of the
monkfish RSA DAS within the fishing year for which they were
granted. For example, in fishing year 2007 (the second year of the
program), 367 monkfish RSA DAS were allocated, but 296 DAS were
used, leaving 71 monkfish RSA DAS unused. However, in fishing year
2008, the number of unused monkfish RSA DAS doubled to 153 out of a
total of 500 monkfish RSA DAS allocated.
This action is administrative in nature and will not have any
economic impacts on small entities. This action would allow
researchers issued grants under the Monkfish RSA Program the ability
to fulfill those grant obligations by providing them the opportunity
to complete their research projects if, for unforeseen
circumstances, they are unable to utilize all of their monkfish RSA
DAS during the fishing year for which those DAS were granted.
Therefore, because this action makes only a minor administrative
change to the Monkfish RSA Program to ensure that this program
functions as intended, it will not have any economic effect on small
entities.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 20, 2009.
James W. Balsiger,
Acting Assistant Administrator For Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.92, paragraph (c)(1)(v) is revised to read as
follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(c) * * *
(1) * * *
(v) If the Regional Administrator determines that the annual
allocation of research DAS will not be used in its entirety once all of
the grant awards have been approved, the Regional Administrator shall
reallocate the unallocated research DAS as exempted DAS to be
authorized as described in paragraph (c)(2) of this section, and
provide notice of the reallocation of DAS in the Federal Register. Any
allocated research DAS that are not used during the fishing year for
which they are granted may be carried over into the next fishing year.
Any unallocated research DAS may not be carried over into the next
fishing year.
* * * * *
[FR Doc. E9-25754 Filed 10-23-09; 8:45 am]
BILLING CODE 3510-22-S
