Fisheries of the Northeastern United States; Monkfish; Amendment 5, 11737-11750 [2011-4795]
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Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Proposed Rules
was not used for the initial LFSM/
LFSMD paired sample set.) The lowlevel LFSM/LFSMD fortification
concentration must be within ±50% of
the MRL for each contaminant (e.g., for
an MRL of 1 μg/L the acceptable
fortification levels must be between 0.5
μg/L and 1.5 μg/L). The mid-level
LFSM/LFSMD fortification
concentration must be within ±20% of
the mid-level calibration standard for
each contaminant, and should
represent, where possible and where the
laboratory has data from previously
analyzed samples, an approximate
average concentration observed in
previous analyses of that analyte. There
are no UCMR contaminant recovery
acceptance criteria specified for LFSM/
LFSMD analyses. All LFSM/LFSMD
data are to be reported.
*
*
*
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*
(vi) Reporting. You must require your
laboratory to submit these data
electronically to the State and EPA
using EPA’s electronic data reporting
system, accessible at (https://
water.epa.gov/lawsregs/rulesregs/sdwa/
ucmr/ucmr3/reporting.cfm), within 60
days from the sample collection date.
You then have 30 days from when the
laboratory posts the data to review,
approve and submit the data to the State
and EPA, via EPA’s electronic data
reporting system. If you do not
electronically approve and submit the
laboratory data to EPA within 30 days
of the laboratories posting to EPA’s
electronic reporting system, the data
will be considered approved and
available for State and EPA review.
*
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PART 142—NATIONAL PRIMARY
DRINKING WATER REGULATIONS
IMPLEMENTATION
5. The authority citation for part 142
continues to read as follows:
Authority: 42 U.S.C. 300f, 300g–1, 300g–
2, 300g–3, 300g–4, 300g–5, 300g–6, 300j–4,
300j–9, and 300j–11.
srobinson on DSKHWCL6B1PROD with PROPOSALS
Subpart B—Primary Enforcement
Responsibility
6. Section 142.16 is amended as
follows:
a. In paragraph (j) introductory text by
removing ‘‘§ 141.40’’.
b. In paragraph (j)(1) by revising the
first sentence.
§ 142.16
Special primacy requirements.
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*
(j) * * *
(1) If a State chooses to issue waivers
from the monitoring requirements in
§§ 141.23 and 141.24, the State shall
describe the procedures and criteria
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which it will use to review waiver
applications and issue wavier
determinations. * * *
*
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[FR Doc. 2011–4641 Filed 3–2–11; 8:45 am]
BILLING CODE 6560–50–P
11737
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 090225241–0561–02]
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 10–108; Report No. 2925]
Petition for Reconsideration of Action
of Rulemaking Proceeding
Federal Communications
Commission.
ACTION: Petition for reconsideration.
AGENCY:
In this document, a Petition
for Reconsideration (Petition) has been
filed in the Commission’s Rulemaking
proceeding listed in this document
(Table of Allotments, FM Broadcast
Stations (Pacific Junction, Iowa)).
DATES: Oppositions to the Petition must
be filed by March 18, 2011. Replies to
an opposition must be filed March 28,
2011.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Andrew J. Rhodes, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
summary of Commission’s document,
Report No. 2925, released February 7,
2011. The full text of this document is
available for viewing and copying in
Room CY–B402, 445 12th Street, SW.,
Washington, DC or may be purchased
from the Commission’s copy contractor,
Best Copy and Printing, Inc. (BCPI) (1–
800–378–3160). The Commission will
not send a copy of this Notice pursuant
to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A), because this Notice
does not have an impact on any rules of
particular applicability.
This document is published pursuant
to 47 CFR 1.429(e). See 1.4(b)(1) of the
Commission’s rules (47 CFR 1.4(b)(1)).
Subject: In the Matter of Amendment
of Section 73.202(b), Table of
Allotments, FM Broadcast Stations
(Pacific Junction, Iowa) (MB Docket No.
10–108).
Number of Petitions Filed: 1.
SUMMARY:
Federal Communications Commission.
Bulah P. Wheeler,
Deputy Manager, Office of the Secretary,
Office of Managing Director.
[FR Doc. 2011–4687 Filed 3–2–11; 8:45 am]
BILLING CODE 6712–01–P
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RIN 0648–AX70
Fisheries of the Northeastern United
States; Monkfish; Amendment 5
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; amendment;
request for comments.
AGENCY:
NMFS proposes regulations to
implement measures in Amendment 5
to the Monkfish Fishery Management
Plan (Monkfish FMP). The New England
and Mid-Atlantic Fishery Management
Councils (Councils) developed
Amendment 5 to bring the Monkfish
FMP into compliance with the annual
catch limit (ACL) and accountability
measure (AM) requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). NMFS is
considering disapproving proposed
annual catch targets (ACT) that are not
consistent with the most recent
scientific advice. This proposed rule
also proposes three management
measures in Amendment 5 to promote
efficiency and reduce waste: Automatic
days-at-sea (DAS) adjustment for trip
limit overages; authorization to land
monkfish heads; and enable changes to
the Monkfish Research Set-Aside (RSA)
Program through framework adjustment,
and to bring the biological and
management reference points in the
Monkfish FMP into compliance with
recently revised National Standard 1
(NS1) Guidelines.
DATES: Public comments must be
received no later than 5 p.m., eastern
standard time, on April 4, 2011.
ADDRESSES: An environmental
assessment (EA) was prepared for
Amendment 5 that describes the
proposed action and other considered
alternatives, and provides a thorough
analysis of the impacts of the proposed
measures and alternatives. Copies of
Amendment 5, including the EA and the
Initial Regulatory Flexibility Analysis
(IRFA), are available on request from
Paul J. Howard, Executive Director, New
England Fishery Management Council
(Council), 50 Water Street,
Newburyport, MA 01950. These
documents are also available online at
https://www.nefmc.org.
SUMMARY:
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Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Proposed Rules
You may submit comments, identified
by 0648–AX70, by any one of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal: https://
www.regulations.gov.
• Fax: (978) 281–9135, Attn: Allison
McHale.
• 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 Amendment 5 Proposed
Rule.’’
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.
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.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule
should be submitted to the Regional
Administrator at the address above and
to the Office of Management and Budget
(OMB) by e-mail at
OIRA_Submission@omb.eop.gov, or fax
to (202) 395–7285.
FOR FURTHER INFORMATION CONTACT:
Allison McHale, Fishery Policy Analyst,
(978) 281–9103; fax: (978) 281–9135.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with PROPOSALS
Background
The monkfish fishery is jointly
managed by the New England and MidAtlantic Fishery Management Councils
(Councils), with the New England
Fishery Management Council (NEFMC)
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 Councils developed Amendment
5 with the primary goal of bringing the
Monkfish FMP into compliance with the
requirements of the reauthorized
Magnuson-Stevens Act. The 2006
reauthorization of the Magnuson-
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Stevens Act contains several new
requirements, including the requirement
that all fishery management plans
contain ACLs to prevent overfishing,
and measures to ensure accountability.
Amendment 5 was also developed to
bring the Monkfish FMP into
compliance with recently revised
National Standard 1 (NS1) Guidelines
(74 FR 3178; January 16, 2009), which
not only established a process for setting
ACLs and guidance for establishing
AMs, but also provided updated
guidelines for establishing reference
points and control rules (i.e., maximum
sustainable yield (MSY), optimum yield
(OY), overfishing limits (OFL),
acceptable biological catch (ABC),
ACLs, and annual catch targets (ACTs)),
and clarifies the relationships among
them. Amendment 5 would establish
biological and management reference
points to be consistent with NS1
guidelines utilizing recent scientific
information from the 2007 Northeast
Data Poor Stocks Working Group
(DPWG) assessment.
New biological reference points were
developed as part of the 2007
assessment, based on a revised yieldper-recruit analysis (using a revised
value of the natural mortality rate) and
results of a length-tuned model that
incorporates multiple survey indices
and catch data. However, the 2007
assessment results were accompanied
by substantial uncertainty and are,
therefore, viewed with caution.
Reservations highlighted in the 2007
DPWG assessment report include: (1)
Input uncertainties (under-reported
landings and unknown discards of
monkfish during the 1980s and
incomplete understanding of key
biological parameters such as age and
growth, longevity, natural mortality, and
stock structure); (2) the shorter
assessment time frame of data used
(1980–2006) than was used in previous
assessments (1963–2006); and (3) the
relatively recent development of the
assessment model. More specifically,
the assessment hinges on assumptions
regarding growth, longevity, and natural
mortality of monkfish, all of which are
poorly known. In addition, commercial
catches prior to 1993 are not well
characterized. Framework Adjustment 5
(Framework 5), implemented on May 1,
2008 (73 FR 22831, April 28, 2008),
adopted the revised reference points
recommended by the DPWG. Based
upon these revised biomass reference
points, Framework 5 determined that
both monkfish stocks were no longer
overfished, and are considered rebuilt.
The Monkfish Assessment Summary
Report for 2007 can be found at
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https://www.nefsc.noaa.gov/nefsc/
publications/crd/crd0713/.
A more recent assessment of the
monkfish resource was conducted
during the first half of 2010 by the 50th
Stock Assessment Review Committee
(SARC 50). The full report for this
assessment was released in August 2010
and can be found at https://
www.nefsc.noaa.gov/publications/crd/
crd1017/. The SARC 50 assessment
concluded that both stocks are above
their respective current biomass
thresholds, as well as new biomass
thresholds recommended by the
assessment, indicating that both stocks
are not overfished. Furthermore, the
current estimated fishing mortality rate
for each stock is below their respective
fishing mortality thresholds. Thus,
overfishing is not occurring on either
stock. Given the timing of SARC 50 and
when the Councils took final action on
Amendment 5 in June 2010, this action
does not update the biomass reference
points in the FMP. Because SARC 50
shows such significant changes in the
fishery in the NFMA that revisions to
management measures may be required,
NMFS is considering disapproving the
specification of the NFMA ACT on the
ground that it is not consistent with the
most recent scientific advice. The
NEFMC has initiated a framework
adjustment to the Monkfish FMP
(Framework 7), to be implemented
immediately following Amendment 5,
for this purpose and to adjust the ACT
for the NFMA to be consistent with the
most recent scientific advice. Further
information on how Framework 7
relates to this amendment is provided
under proposed measure 3, ‘‘Proactive
AM.’’
Similar to the 2007 assessment, the
2010 assessment panel expressed
serious concerns regarding the high
levels of uncertainty in the assessment.
The Monkfish Assessment Summary
Report for 2010 states, ‘‘The assessment
results continue to be uncertain due to
cumulative effects of under-reported
landings, unknown discards during the
1980s, uncertainty in survey indices,
and incomplete understanding of key
biological parameters such as age and
growth, longevity, natural mortality and
stock structure contributing to
retrospective patterns primarily in the
northern management area.’’ Unlike the
2007 assessment, the 2010 assessment
was able to conduct projections to
evaluate stock trends based on
anticipated fishing levels. However,
these projections are also considered
highly uncertain, since they are based
on the outputs of the assessment model.
Despite this uncertainty, the projections
indicate that the NFMA is more
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vulnerable to overfishing or becoming
overfished during 2011–2016 if total
catches approach the proposed ABC,
while the SFMA is less vulnerable.
Amendment 5 also proposes measures
intended to promote efficiency and
reduce waste in the monkfish fishery.
First, a measure is being proposed that
would minimize regulatory discards
resulting from monkfish trip limit
overages by allowing vessels to land an
additional trip limit (1 day’s worth) and
have their DAS usage for that trip
adjusted to account for the overage.
Second, a measure is being proposed
that would allow the landing of
monkfish heads separate from the body
by adding a new conversion factor and
authorized landing form to the FMP.
Lastly, a measure is being proposed in
Amendment 5 that would enable
changes to be made to the Monkfish
RSA Program through a framework
adjustment versus an FMP amendment.
srobinson on DSKHWCL6B1PROD with PROPOSALS
Proposed Measures
1. Biological and Management
Reference Points
The biological and management
reference points currently in the
Monkfish FMP are used to determine if
overfishing is occurring on either stock
(Fthreshold), if either stock is overfished
(Bthreshold), or if either stock is rebuilt
(Btarget). However, these reference points
alone are not sufficient to comply with
the Magnuson-Stevens Act and the
recently updated NS1 guidelines. As a
result, Amendment 5 proposes to
establish control rules to specify MSY,
OY, OFL, and ABC for each monkfish
stock, as described in the following
paragraphs.
MSY is defined under the MagnusonStevens Act as ‘‘the largest long-term
average catch or yield that can be taken
from a stock or stock complex under
prevailing ecological, environmental
conditions and fishery technological
characteristics (e.g., gear selectivity),
and the distribution of catch among
fleets.’’ The overfishing threshold
(Fthreshold) for monkfish is defined under
the Monkfish FMP as equivalent to Fmsy
or its proxy. Further, the target biomass
reference point (Btarget) is defined under
the Monkfish FMP as Bmsy or its proxy.
Amendment 5 proposes that the MSY
control rule be expressed as the product
of these two reference points (MSY =
Fthreshold × Btarget). Based on the 2007
assessment, MSY is calculated to be
17,053 mt for the NFMA and 25,487 mt
for the SFMA.
OY is defined under the MagnusonStevens Act as ‘‘the amount of fish that
will provide the greatest overall benefit
to the Nation, particularly with respect
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to food production and recreational
opportunities taking into account the
protection of marine ecosystems; that is
prescribed on the basis of MSY from the
fishery, as reduced by any relevant
economic, social, or ecological factor;
and in the case of an overfished fishery,
that provides for the rebuilding to a
level consistent with producing the
MSY in such a fishery.’’ The NS1
guidelines further state that OY should
be set at a level that prevents
overfishing and rebuilds overfished
stocks. Consistent with the NS1
guidelines, the Councils are proposing
in Amendment 5 to set OY equivalent
to the ACT, which is a proactive AM
further described under measure 3
below. Setting OY equal to the ACT
would provide the greatest benefit to the
Nation since this value represents the
maximum yield from the fishery while
preventing overfishing, after taking into
account scientific uncertainty in the
OFL in setting ABC, and management
uncertainty in setting measures that will
not exceed the ABC.
OFL is defined under the MagnusonStevens Act as ‘‘the annual amount of
catch that corresponds to the estimate of
maximum fishing mortality threshold
(MFMT) applied to a stock or stock
complex’s abundance and is expressed
in terms of numbers or weight of fish.
The OFL is an estimate of the catch
level above which overfishing is
occurring.’’ Consistent with this
definition, Amendment 5 proposes that
OFL be expressed as the product of
Fthreshold and current exploitable biomass
(Bcurrent) (OFL = Fthreshold × Bcurrent).
ABC is defined under the MagnusonStevens Act National Standard 1
Guidelines as ‘‘a level of stock or stock
complex’s annual catch that accounts
for the scientific uncertainty in the
estimate of OFL and any other scientific
uncertainty, and should be specified
based on the ABC control rule.’’ The
revised NS1 guidelines further state that
‘‘ABC may not exceed OFL,’’ and that
‘‘the determination of ABC should be
based, when possible, on the probability
that an actual catch equal to a stock’s
ABC would result in overfishing.’’ These
guidelines also require that the
Council’s ABC control rule be based on
scientific advice provided by its
Scientific and Statistical Committee
(SSC), and that the SSC recommend the
ABC to the Council.
The NEFMC’s SSC, at its March 17,
2009, meeting, endorsed the proxy
reference points for Bmsy and Fmsy, as
well as the estimates of stock size from
the 2007 DPWG. However, in its March
30, 2009, report to the NEFMC, the SSC
noted ‘‘considerable uncertainties in the
assessment model preclude its use to
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11739
determine probability of exceeding the
projected Overfishing Level of catch.’’
As a result, the SSC recommended an
interim ABC ‘‘based on the product of
the average exploitation rate during the
recent period of stable or increasing
trend in biomass in both management
units and the most recent estimate or
index of exploitable biomass.’’ The SSC
recommended this data-poor default
method for determining an interim ABC
because it produces catch advice that is
not directly based on OFL and its
uncertainty. However, the SSC noted
that ‘‘the method of determining ABC
should be considered an interim proxy
until Overfishing Level of Catch and its
uncertainty can be projected.’’ Thus, as
required by the NS1 guidelines, the
Councils are recommending in
Amendment 5 an ABC that is consistent
with the interim ABC approach
recommended by the SSC.
The Monkfish Plan Development
Team (PDT) reviewed the results of the
statistical catch at length (SCALE)
model from the 2007 assessment and
determined that the periods for stable or
increasing biomass were 1999–2006 for
the NFMA, and 2000–2006 for the
SFMA. Using the average exploitation
rates for these time periods, and the
most recent estimate of exploitable
biomass (2006), the PDT calculated an
ABC of 17,485 mt for the NFMA, and
13,326 mt for the SFMA. This would
result in a buffer between the ABC and
the OFL of 23 percent (5,234 mt) for the
NFMA, and 53 percent (14,930 mt) for
the SFMA.
2. ACLs
The Magnuson-Stevens Act, at section
303(a)(15), requires that any FMP
establish a mechanism for specifying
ACLs at a level that prevents
overfishing, and also include measures
that ensure accountability. Section
302(h)(6) of the Magnuson-Stevens Act
and the NS1 guidelines further state that
the ACL for a given stock or stock
complex cannot exceed the ABC as
recommended by the SSC. NS1 further
notes that the ACL serves as the basis
for invoking AMs, and that ACLs, in
coordination with AMs, must prevent
overfishing. Based on the requirements
of the Magnuson-Stevens Act and the
NS1 guidelines with respect to ACLs
and AMs, Amendment 5 proposes to
establish ACLs that are equal to the
respective ABC for each management
area, since scientific uncertainty has
been accounted for in establishing these
ABCs, and management uncertainty will
be accounted for in the establishment of
ACTs for each management area as a
proactive AM. Thus, the Councils
determined that there was no technical
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basis for setting the ACLs for each
management area below their respective
ABC. In its March 30, 2009, report, the
SSC supported the Councils’ ACL
recommendation and noted that ‘‘the
magnitude of recent catch has low risk
of exceeding the OFL or the proposed
interim ABC’’ since in 2006, total catch
was only 32 percent of the proposed
OFL for the NFMA, and 34 percent of
the proposed OFL for the SFMA; and
total catch in 2007 was estimated by the
PDT to be 24 percent of the proposed
OFL for the NFMA, and 31 percent of
the proposed OFL for the SFMA.
3. Proactive AM
The NS1 guidelines describe AMs as
management controls aimed at
preventing the ACL from being
exceeded, and to correct or mitigate
overages of the ACL. Amendment 5
proposes both forms of AMs for the
monkfish fishery: A proactive AM in the
form of ACTs for each management area,
and a reactive AM in the form of an ACL
overage provision. This section
describes the proactive AM.
The proactive AM being proposed in
Amendment 5 would establish ACTs for
each management area. The purpose of
ACTs is to account for management
uncertainty, as noted in the NS1
guidelines. Rather than establishing
ACTs based on a given formula or
control rule, the Councils developed a
range of ACT options for each
management area that were based upon
fixed increases from current total
allowable landing (TAL) levels plus
discards. This range was narrowed
down to two ACT options for each
management area, all of which would
result in increases over current TALs.
These options are presented in Table 1.
The discard rates for each management
area used in the calculation of these
ACT options were 7.5 percent for the
NFMA and 29 percent for the SFMA.
TABLE 1—ACT OPTIONS FOR THE NFMA AND SFMA
TAL increase
(percent)
srobinson on DSKHWCL6B1PROD with PROPOSALS
NFMA ACT Option 1
NFMA ACT Option 2
SFMA ACT Option 1
SFMA ACT Option 2
............................................................
............................................................
............................................................
............................................................
The Councils selected Option 2 for
each management area as their preferred
alternatives. Thus, Amendment 5
proposes an ACT of 10,750 mt for the
NFMA, and 11,513 mt for the SFMA.
However, based on the results of SARC
50, the SSC recently revisited their
previous ABC recommendation at an
August 24, 2010, meeting. After much
discussion concerning the uncertainty
with the assessment and alternate
methods for calculating ABC to account
for this uncertainty, the SSC agreed to
maintain the existing interim ABC
approach it previously recommended.
The recalculated ABCs that incorporate
the results of SARC 50 would be 7,592
mt for the NFMA, and 12,316 mt for the
SFMA. This results in a revised ABC for
the NFMA that is 3,158 mt lower than
the NFMA ACT being recommended by
the Councils in Amendment 5, creating
an inconsistency with the recalculated
ABC. Conversely, the recalculated ABC
for the SFMA is 803 mt higher than the
Council’s recommended ACT for that
area. Although this reduces the buffer
between the ACT and the ABC/ACL for
the SFMA to only 6.5 percent, it does
not create an inconsistency as is found
in the NFMA. In response to the SSC’s
most recent advice, and the recalculated
ABCs for both management areas based
on the results of SARC 50, the NEFMC
initiated Framework Adjustment 7
(Framework 7) at its September 28–30,
2010, meeting to revise the ACT for the
NFMA to be consistent with the most
recent scientific advice, and to
incorporate the results of SARC 50 into
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50
100
40
75
TAL
(mt)
7,500
10,000
7,140
8,925
the FMP. As a result, NMFS is
considering approving the
establishment of a proactive AM in the
form of ACTs for both management
areas, but disapproving the specification
of the NFMA ACT in Amendment 5 on
the grounds that it is not consistent with
the most recent scientific advice. This
would leave the current measures for
the NFMA in place until they are
superseded by a revised ACT and
specification of DAS and trip limits
under Framework 7, which is expected
to be implemented during the summer
of 2011.
The ACTs being considered in
Framework 7 are equivalent or slightly
higher than the current TAL for the
NFMA. Additionally, NFMA landings
have been well below the TAL for the
past 2 years (29 percent in 2008, and 33
percent in 2009). Thus, NMFS does not
expect delaying action on the
establishment of an ACT for the NFMA
would result in landings exceeding the
ACTs being considered in Framework 7
during the 2011 fishing year, which
begins May 1, 2011.
If this rule is implemented by the start
of the 2011 fishing year, any monkfish
landings that occur between May 1,
2011, and the time the final rule is
effective would accrue against the ACT
for that year and be used to trigger AMs.
4. Reactive AM
As noted above, Amendment 5
proposes both forms of AMs referenced
in the NS1 guidelines for the monkfish
fishery. With respect to AMs for when
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Discards
(mt)
563
750
2,071
2,588
ACT
(mt)
8,063
10,750
9,211
11,513
Percent of
ACL
46
62
69
86
an ACL is exceeded, the NS1 guidelines
state, ‘‘On an annual basis, the Council
must determine as soon as possible after
the fishing year if an ACL was
exceeded.’’ The guidelines go on to state
that, ‘‘if an ACL was exceeded, AMs
must be triggered and implemented as
soon as possible to correct the
operational issue that caused the ACL
overage, as well as any biological
consequences to the stock or stock
complex resulting from the overage
when it is known.’’ In light of this
requirement, the Councils are
recommending in Amendment 5 a
reactive AM that would require the
Councils to assess annual catch in
relation to the previous year’s ACL once
final landings and discard estimates
become available during the following
fishing year. If an ACL overage is
determined to have occurred, it would
be deducted pound-for-pound from the
ACT. Adjustments to management
measures (DAS and trip limits) would
be then developed by the Councils over
the course of the year in which the
overage was identified, with the goal of
ensuring the revised ACT is not
exceeded. The revised ACT and
adjusted management measures would
then be implemented in the second
fishing year following the one in which
the overage occurred. For example, if an
overage of the 2011 ACL for the NFMA
is determined to have occurred upon
review of final 2011 landings and
discards sometime during the 2012
fishing year, the Councils would adjust
the ACT and develop revised
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5. Specification of DAS and Trip Limits
management measures for the 2013
fishing year.
If the Councils do not take the
required action to account for the ACL
overage as outlined above, the NMFS
Northeast Regional Administrator
would take action to adjust the ACT and
implement revised DAS and/or trip
limits using a formulaic approach
developed by the PDT. These
adjustments would be implemented in
accordance with the requirements of the
Administrative Procedure Act and other
applicable law. Notification of the
proposed ACL revision and DAS and/or
trip limit adjustments would be
published in the Federal Register no
later than January 1, if possible, for
implementation on May 1 of the second
fishing year following the fishing year in
which the ACL overage occurred.
The Councils considered a range of
DAS and trip limit options to achieve
the respective ACT options for each
management area. The range of options
consisted of three approaches: Maintain
the current DAS allocation and adjust
the trip limit; maintain the current trip
limit and adjust the DAS; or adjust both
DAS and trip limits. The DAS and trip
limit options for each ACT option
considered by the Councils in
Amendment 5 is presented in Tables 2
and 3 for the NFMA and the SFMA,
respectively. The proposed trip limit for
the NFMA under the Category AC
limited access permit group is the same
across all three options (1,250 lb (567
kg)) because it represents the highest
reported daily landing amount reported
11741
prior to the implementation of trip
limits during fishing year 2007. Further,
the first two DAS and trip limit options
under SFMA ACT Option 1 (i.e.,
maintaining current DAS (1A) and
maintaining current trip limits (1B)) are
identical because this ACT option, less
discards, is equivalent to the current
monkfish landings level for the SFMA.
Thus, no change in DAS or trip limits
would be necessary to achieve that ACT,
unless one of these variables is modified
(e.g., a reduction in DAS under SFMA
Option 1C). The first and third DAS and
trip limit options under SFMA ACT
Option 2 are also identical, since the
Councils did not want to include an
option with fewer than 23 DAS for the
SFMA.
TABLE 2—NFMA DAS AND TRIP LIMIT OPTIONS
NFMA TAC
option (mt)
8,063 ........................
10,750 ......................
AC trip limit
(tail wt. per DAS)
NFMA option
1A
1B
1C
2A
2B
2C
.................
.................
................
.................
.................
................
1,250
1,250
1,250
1,250
1,250
1,250
lb
lb
lb
lb
lb
lb
(567
(567
(567
(567
(567
(567
kg)
kg)
kg)
kg)
kg)
kg)
BD trip limit
(tail wt. per DAS)
........................................
........................................
........................................
........................................
........................................
........................................
700
470
600
950
470
800
lb
lb
lb
lb
lb
lb
(318
(213
(272
(431
(213
(363
kg)
kg)
kg)
kg)
kg)
kg)
DAS
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
31
45
40
31
51
40
TABLE 3—SFMA DAS AND TRIP LIMIT OPTIONS
SFMA TAC
option (mt)
9,211 ........................
srobinson on DSKHWCL6B1PROD with PROPOSALS
11,513 ......................
AC trip limit
(tail wt. per DAS)
NFMA option
1A
1B
1C
2A
2B
2C
.................
.................
................
.................
.................
................
550
550
700
700
550
700
lb
lb
lb
lb
lb
lb
As stated previously, the Councils
selected the highest ACT options for
each management area as their preferred
alternatives (10,750 mt and 11,513 mt
for the NFMA and SFMA, respectively).
In terms of DAS and trip limits, the
Councils selected Option 2C for the
NFMA, which would specify 40 DAS,
and trip limits of 1,250 lb (567 kg) tail
wt. per DAS for Category A and C
vessels and 800 lb (363 kg) tail wt. per
DAS for Category B and D vessels. For
the SFMA, the Councils selected Option
2B as their preferred alternative, which
would specify 28 DAS, and trip limits
of 550 lb (249 kg) tail wt. per DAS for
Category A and C vessels and 450 lb
(204 kg) tail wt. per DAS for Category
B, D, and H vessels. The Councils’
preferred DAS and trip limit options
are, therefore, those being proposed in
Amendment 5.
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16:45 Mar 02, 2011
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(249
(249
(318
(318
(249
(318
kg)
kg)
kg)
kg)
kg)
kg)
BD trip limit
(tail wt. per DAS)
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
450
450
600
600
450
600
lb
lb
lb
lb
lb
lb
(204
(204
(272
(272
(204
(272
6. Automatic DAS Adjustment for Trip
Limit Overage
Amendment 5 proposes a measure
that would allow a limited access
monkfish vessel to land up to the
equivalent of one additional day’s worth
of its trip limit more than would
otherwise be authorized based on the
vessel’s actual monkfish DAS usage for
that trip. In order to land the additional
fish, this rule proposes to require the
vessel to notify NMFS of the overage via
vessel monitoring system (VMS) prior to
crossing the VMS demarcation line, or
via phone using the Agency’s interactive
voice response (IVR) system at least 1hour prior to landing. To account for the
day’s worth of its trip limit overage, the
monkfish DAS charged to the vessel
would be increased to be equivalent to
the next 24-hr period plus one minute.
For example, if a limited access
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kg)
kg)
kg)
kg)
kg)
kg)
...........................................
...........................................
...........................................
...........................................
...........................................
...........................................
DAS
23
23
15
23
28
23
Category C vessel fishing in the SFMA
has two monkfish trip limits worth of
fish on board (i.e., 1,100 lb tail wt. (499
kg) or 3,652 lb whole wt. (1,657 kg)), but
has only been declared into the
monkfish DAS program for 15 hr, the
vessel may land the additional fish (i.e.,
the amount of monkfish that exceed
what is allowed for 15 hr of fishing)
only if NMFS is properly notified as
described above. The monkfish DAS
charged to the vessel would then be
adjusted from 15 hr to 24 hr and 1
minute.
In order to effectively implement this
provision, NMFS is proposing that a
form be added to the VMS system that
a vessel operator would complete and
send to NMFS prior to crossing the VMS
demarcation line on the vessel’s return
to port. With respect to the call-in
notification requirement recommended
by the Councils, NMFS recognizes that
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it may not be feasible for all vessels to
provide a call-in notification via cell
phone when outside the VMS
demarcation line. As such, NMFS is
proposing a revision to this requirement
in this proposed rule that would require
vessels that do not use the VMS
notification requirement to notify NMFS
of the trip limit overage by calling into
the IVR system at least 1-hour prior to
landing.
7. Authorization to Land Monkfish
Heads
Amendment 5 proposes to authorize
the landing of monkfish heads
separately from the body in Amendment
5, provided the total weight of the heads
does not exceed 2.32 times the total
weight of monkfish tails on board.
Currently, vessels are not allowed to
land monkfish heads separate from the
body, since monkfish heads are not an
authorized product form under the
regulations implementing the FMP, and
there is no appropriate conversion
factor. Recognizing that some
individuals are taking advantage of
emerging markets for the heads, the
Councils are recommending that the
landing of this new product form be
authorized with an appropriate
conversion factor to aid enforcement of
the daily trip limit. The intent of this
proposed measure is to clarify that a
vessel cannot land monkfish heads
without an appropriate weight of tails
on board.
srobinson on DSKHWCL6B1PROD with PROPOSALS
8. Allow Changes to Monkfish RSA
Program via Framework Action
Currently, changes to the Monkfish
RSA Program must be made through an
amendment to the FMP. Amendment 5
proposes to allow changes to be made to
this RSA program through a framework
adjustment in order to make necessary
improvements to this program in a more
timely manner. This action would not
preclude the Councils from conducting
the necessary environmental analysis
under the National Environmental
Policy Act (NEPA), and complying with
other applicable laws when developing
a framework adjustment for this
purpose.
accurate tail-to-whole-weight (landed)
conversion factor is 2.91, which reflects
the conversion to a monkfish that still
has its head attached, but its guts
removed. This technical correction to
the conversion factor would result in a
reduction in the whole-weight
equivalent trip limit, but not to the tailweight trip limit, which is the value
recommended by the Councils.
Additionally, this would change the
monkfish heads conversion factor
proposed by the Council from 2.32 to
1.91 to be consistent with this corrected
conversion factor.
In addition to the above technical
amendment, this rule would also
remove the letter of authorization (LOA)
requirement for vessels fishing in the
NFMA with a VMS unit found under
§ 648.92(b)(1)(iii), since this
requirement was removed from the
general area declaration requirements
found at § 648.94(f) in the final rule
implementing Framework Adjustment 5
to the Monkfish FMP (73 FR 22831;
April 28, 2008).
This rule also would also clarify the
meeting requirements for framework
adjustments with respect to this joint
FMP to reflect that one framework
meeting must be held with each
Council, versus one framework meeting
overall.
Finally, this rule would update the
specification and framework adjustment
processes for the Monkfish FMP to
include procedures for specifying ACLs
and AMs.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has made a
preliminary determination that this
proposed rule is consistent with the
Monkfish FMP, Amendment 5, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
Pursuant to Executive Order 12866,
the Office of Management and Budget
has determined that this proposed rule
is not significant.
A notice of availability (NOA) for
Amendment 5 was published on
9. Technical Amendments
February 1, 2011. Public comments are
being solicited on the amendment
This proposed rule also includes a
technical amendment that would adjust through the end of the comment period
on April 4, 2011. Public comments on
the conversion factor for whole
the proposed rule must be received by
monkfish to reflect how monkfish are
actually landed, i.e., head on and gutted. the end of the comment period on the
amendment, as published in the NOA,
The current tail-to-whole-weight
to be considered in the decision to
conversion factor for monkfish is 3.32.
approve or disapprove the amendment.
However, this constitutes the live
weight of monkfish, and does not reflect All comments received by the end of the
comment period on the amendment,
that monkfish are actually landed in
whether specifically directed to the
head-on and gutted form. A more
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amendment or the proposed rule, will
be considered in the approval/
disapproval decision. Comments
received after that date will not be
considered in the approval/disapproval
decision on the amendment, but may be
considered in the development of the
final rule. To be considered, comments
must be received by close of business on
the last day of the comment period; that
does not mean postmarked or otherwise
transmitted by that date.
The NEFMC prepared an EA for
Amendment 5 to the Monkfish FMP that
discusses the impact on the
environment as a result of this rule. A
copy of the EA is available from the
Council (see ADDRESSES).
An IRFA has been prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA), and
consists of the draft IRFA in
Amendment 5, this preamble, and the
following summary. The IRFA describes
the economic impacts this proposed
rule, if adopted, would have on small
entities. A description of the action,
why it is being considered, and the legal
basis for this action are contained at the
beginning of this section in the
preamble and in the SUMMARY section of
the preamble. A summary of the
analysis follows. A copy of this analysis
is available from the NEFMC (see
ADDRESSES).
All of the entities (fishing vessels)
affected by this action are considered
small entities under the Small Business
Administration size standards for small
fishing businesses ($4.0 million in
annual gross sales). Information on costs
in the fishery is not readily available
and individual vessel profitability
cannot be determined directly;
therefore, expected changes in gross
revenues were used as a proxy for
profitability.
This proposed rule does not
duplicate, overlap, or conflict with other
Federal rules.
Description and Estimate of Number of
Small Entities to Which the Rule Would
Apply
The management measures proposed
in Amendment 5 have the potential to
affect all Federally permitted monkfish
vessels that are actively participating in
the fishery. As of September 2009, there
were 758 limited access monkfish
permit holders and 2,156 open access
permit holders. Of these, 573 limited
access permit holders (76 percent)
actively participated in the monkfish
fishery during the 2008 fishing year,
while only 504 open access permit
holders (23 percent) actively
participated in the fishery during this
time period. Thus, this action is
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Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Proposed Rules
expected to impact at least 1,077
currently active monkfish permit
holders.
Economic Impacts of the Proposed
Action Compared to Significant NonSelected Alternatives
1. Biological and Management
Reference Point Alternatives
The proposed action to change the
biological and management reference
points in the Monkfish FMP (MSY, OY,
OFL, and ABC) will have no immediate
impact on vessels, since these changes
do not directly change any management
measures or modify vessel level aspects
of the Monkfish FMP. However, the
establishment of new reference points
that are consistent with NS1 guidance
would allow for better monitoring and
management of the monkfish fishery,
potentially resulting in positive effects
on vessels in the future. The no action
alternative would maintain the existing
biological and management reference
points in the Monkfish FMP. As a result,
taking no action would result in no
additional economic impacts beyond
those identified in earlier actions
affecting this fishery.
srobinson on DSKHWCL6B1PROD with PROPOSALS
2. ACL and AM Alternatives
The Councils’ preferred alternative to
set the ACL equivalent to the ABC has
no direct effect on vessels, since the
level of fishing would be set by the
establishment of an ACT as a proactive
AM. Scientific uncertainty is accounted
for in the ACL, while the ACT accounts
for management uncertainty. Thus, if
scientific uncertainty can be reduced in
the future, it would lead to a higher
ACL, and possibly a higher ACT as a
consequence. A higher ACT would then
result in greater revenue opportunities
for vessels.
The no action alternative would not
establish ACLs or AMs for the monkfish
fishery, and would be inconsistent with
the Magnuson-Stevens Act and NS1
Guidelines. Although there is likely no
direct economic effect of taking no
action, it could have a negative
economic impact if the long-term
sustainability of the monkfish fishery
were affected by not establishing ACLs
or AMs.
The purpose of establishing an ACT
as a proactive AM is to account for
management uncertainty in the ability
of management measures in the
Monkfish FMP (mainly DAS and trip
limits) to limit catch to the prescribed
level. The buffer between the ACL and
the ACT represents this management
uncertainty, and is intended to prevent
overfishing from occurring in the event
management measures to limit catch are
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not entirely successful. Since the ACT
incorporates discards, actions that
reduce discards or management
uncertainty would allow for the
establishment of an ACT that is closer
to the ACL, resulting in higher monkfish
revenues and benefits to vessels, but
only if the allocation is actually landed
versus discarded or left uncaught.
The preferred alternative for the
SFMA (Option 2) would set the ACT at
11,513 mt, or 86 percent of the SFMA
ACL. In fishing year 2008, monkfish
landings exceeded the TAL by 32
percent, suggesting that some of the
additional benefits from increased
monkfish revenues under the preferred
alternative area already being realized in
the SFMA. Based on 2008 landings data,
the proposed SFMA ACT would
increase landings by 40 percent, while
Option 1 would maintain landings at
existing levels. Thus, the preferred
alternative would increase monkfish
revenues for vessels beyond those
already being realized, while Option 1
would retain revenues at or marginally
above current levels.
The preferred alternative for the
NFMA (Option 2) would set the ACT at
10,750 mt, or 61 percent of the ACL.
Although the proposed NFMA ACT
could result in landings that are twice
the current TAL for the NFMA (5,000
mt), it may not result in higher
monkfish revenues since fishing year
2008 landings were 29 percent below
the TAL. Thus, the preferred option may
have a similar impact on monkfish
revenues as the non-preferred Option 1
of 7,500 mt if the proposed increase in
landings is not realized.
Actual quantification of the economic
impacts of the proposed ACTs requires
specification of management measures,
in the form of DAS and trip limits, to
achieve the proposed ACT levels. A
modified trip limit model was utilized
to assess the impact of the DAS and trip
limit options, under each ACT option,
on monkfish revenues. The model is
different from models used for prior
monkfish actions in that it accounts for
potential impacts on monkfish trips
(higher retention and additional trips)
resulting from increases in DAS and trip
limits, as is being proposed in
Amendment 5. The previous model
focused on the impacts to monkfish
trips resulting from reduced DAS and
trip limits, which was generally the case
with prior monkfish management
actions.
The trip limit model was used to
assess the impacts on monkfish
revenues of the proposed DAS and trip
limit options on vessels fishing in only
the NFMA, only in the SFMA, and in
both management areas. For vessels
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11743
fishing only in the NFMA (see Table 2),
the trip limit model predicts that under
the proposed DAS and trip limit options
for the NFMA, per trip average vessel
return would increase from 0.2 percent
under NFMA Option 1A to 2.2 percent
under NFMA Option 2B, while average
crew payment would increase from 0.5
percent under NFMA Option 1A to 1.8
percent under NFMA Option 2B. The
potential increase in total monkfish
revenue ranges from 0.8 percent to 24.5
percent under the proposed options.
The preferred alternative (Option 2C)
would lead to a 0.8-percent increase in
per trip average vessel return, a 1.2percent increase in average crew
payment, and an 11-percent increase in
total monkfish revenue. This alternative
represents a combination of increased
trip limits and DAS. However, the
maximum benefit (i.e., greatest overall
increase in average vessel return,
average crew payment, and total
monkfish revenue) would likely result
from Option 2B, which would maintain
the current NFMA trip limits, but
increase the DAS.
For the SFMA, the trip limit model
indicates that mixed impacts would
occur on average vessel return, average
crew payment, and total monkfish
revenue. The SFMA DAS and trip limit
options (see Table 3) that result in no
changes from current measures (ACT
Option 1 combined with DAS and trip
limit options 1A or 1B) would result in
no changes to any of these parameters.
However, DAS and trip limit Option 1C
under ACT Option 1 would result in a
negative impact on vessels (¥1
percent), crew (¥1.4 percent), and
monkfish revenue (¥20 percent).
Conversely, the preferred alternative
(SFMA ACT Option 2 combined with
DAS and trip limit Option 2B) would
result in the maximum benefit, having
a neutral impact on average vessel
return, a 0.7-percent increase in average
crew payment, and a 32-percent
increase in total monkfish revenue. This
option retains the current trip limits
currently in effect for the SFMA, but
increases the DAS. DAS and trip limit
options 2A and 2B would have a similar
positive impact on average vessel return
and average crew payment (0.5-percent
increase and a 0.7-percent increase,
respectively), but a much smaller
positive impact on total monkfish
revenues (7.9 percent) in comparison to
the preferred alternative. These
identical alternatives would maintain
the SFMA DAS allocation at the current
level, but increase the trip limits. Thus,
it is apparent that increasing DAS has a
more favorable impact on all three
E:\FR\FM\03MRP1.SGM
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Federal Register / Vol. 76, No. 42 / Thursday, March 3, 2011 / Proposed Rules
parameters, particularly total monkfish
revenue, than increasing trip limits.
Vessels that fish in both management
areas will be simultaneously affected by
the DAS and trip limit options selected
for each area. Although vessels that fish
in both the NFMA and the SFMA may
be more likely to change fishing
locations than those that fish solely in
one area, the trip limit model assumes
that these vessels will continue to fish
in the same locations. The results of the
trip limit model indicate that there is no
single combination of DAS and trip
limit options for both management areas
that would lead to a best outcome in
terms of impact on all three parameters.
The largest increase in monkfish
revenue is realized under the preferred
option for the SFMA combined with the
DAS and trip limit Option 2C for the
NFMA (same trip limits but increased
DAS). However, this combination of
options would result in a slight decrease
in both average vessel return (1 percent)
and average crew payment (0.9 percent).
The combined preferred alternatives for
each management area would result in
a 17.9-percent increase to total monkfish
revenue, but with a 1.3-percent decrease
in average vessel return and average
crew payment.
In terms of a reactive AM, the
Councils’ preferred alternative would
reduce the ACT for a management area
in the second year following the year in
which an ACL overage occurred, and
then adjust the DAS and trip limits to
account for the reduced ACT.
Harvesting additional monkfish in
excess of the ACL would result in
immediate short-term revenue increases
for those vessels that harvested more
than they would have if the ACL had
not been exceeded (i.e., those vessels
that directly contributed to the ACL
overage). However, this gain would be
partly lost due to a reduction in the
fishing opportunities 2 years later. If the
resulting reduction in DAS and trip
limits affected all vessels equally, the
negative impact would be less severe on
those vessels that benefited from the
overage. It is also possible that
exceeding the ACL would result in
longer term impacts on the stock that
could lead to further future economic
losses to changes in stock size that
require more restrictive management
measures. Thus, the implementation of
the proposed reactive AM, in
comparison to the non-preferred
alternative of taking no action, would
help prevent such long-term losses that
may potentially occur as a result of
unforeseen ACL overages.
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16:45 Mar 02, 2011
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3. Automatic DAS Adjustment for Trip
Limit Overage Alternatives
The Councils’ preferred alternative is
to allow the amount of DAS a vessel is
charged to be adjusted to account for a
1-day overage of the trip limit, in
comparison to taking no action.
Additionally, they selected 24 hr and 1
minute as the preferred option (Option
3) for adjusting a vessel’s DAS usage,
which reflects the current practice of
many vessels. From an economic
perspective, any action that allows a
vessel to retain more catch without
staying out at sea or returning to sea
results in an increase in revenues
without an increase in costs. Thus,
vessel profits are higher. As a result, the
preferred alternative provides the
greatest benefit to vessels in comparison
to the non-preferred alternative of taking
no action, and in comparison to the
other DAS charging options, since it
allows vessels to make fewer trips to
retain the same amount of monkfish that
they would under the current fishing
practice, and utilize the same amount of
DAS.
4. Alternatives To Allow Changes to the
Monkfish RSA Program
The Councils’ preferred alternative is
to allow changes to the Monkfish RSA
Program through a framework
adjustment. This is an administrative
change affecting only the procedures
that may be used by the Councils to
implement changes to the Monkfish
RSA Program. As such, there are no
direct costs to regulated entities
associated with the preferred alternative
and the non-preferred no action
alternative. However, the preferred
alternative would provide increased
flexibility, in comparison to the nonpreferred no action alternative, to the
Councils in terms of modifying the
Monkfish RSA Program to address
needs and issues as they arise.
5. Alternatives To Allow the Landing of
Monkfish Heads
The Councils’ preferred alternative
would allow fishermen to land
unattached monkfish heads up to 2.32
times the weight of tails on board. In
comparison to the non-preferred no
action alternative, the proposed action
would allow the conversion of ‘‘waste’’
that was previously discarded to be
converted to a product that could either
generate additional revenues or be used
by fishermen to offset costs from
purchasing bait. Both of these scenarios
would provide an economic benefit to
monkfish fishermen while allowing for
better utilization of the resource.
Conversely, the no action alternative
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would result in no economic effects
since it would maintain the status quo.
This proposed rule contains a
collection-of-information requirement
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
submitted to OMB for approval. This
action would add a new reporting
element to the VMS and IVR reporting
requirements authorized under OMB
Control Number 0648–0202 at the end
of a vessel’s trip. The purpose of this
new reporting requirement is to allow
limited access monkfish vessels to land
one additional monkfish trip limit and
have their DAS allocation charged
accordingly to account for the
additional trip limit. Public reporting
burden for the monkfish trip limit
overage notification requirement is
estimated to average 30 seconds per
response, including the time for
reviewing instructions, searching
existing data sources, gathering and
maintaining the data needed, and
completing and reviewing the collection
information. These 30 seconds are
included within the total 2-minute
estimated response time for the call-in
notification requirement, but would be
additional for vessels using the VMS
procedure. Furthermore, the proposed
action is expected to reduce the total
number of monkfish trips for vessels
that take advantage of this new measure
since they would be using their
monkfish DAS at a higher rate in
exchange for being able to land more
monkfish on a given trip. As such,
although this action adds a new
reporting requirement, it would not
change the overall reporting burden
associated with the existing VMS and
call-in notification requirements
authorized under OMB Control Number
0648–0202.
Public comment is sought regarding:
Whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information,
including through the use of automated
collection techniques or other forms of
information technology. Send comments
on these or any other aspects of the
collection of information to the Regional
Administrator at the ADDRESSES above
and to OMB by e-mail at
OIRA_Submission@omb.eop.gov, or fax
to (202) 395–7285. Notwithstanding any
other provision of the law, no person is
required to respond to, and no person
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shall be subject to penalty for failure to
comply with, a collection of information
subject to the requirements of the PRA,
unless that collection of information
displays a currently valid OMB control
number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: February 25, 2011.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
§ 648.92 Effort-control program for
monkfish limited access vessels.
*
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 § 648.4, paragraph (a)(9)(i)(N)(3)
is revised and paragraph (a)(9)(ii) is
added to read as follows:
srobinson on DSKHWCL6B1PROD with PROPOSALS
§ 648.4
Vessel permits.
(a) * * *
(9) * * *
(i) * * *
(N) * * *
(3) Status of vessels pending appeal.
A vessel denied a limited access
monkfish Category G or H permit may
fish under the monkfish DAS program,
provided that the denial has been
appealed, the appeal is pending, and the
vessel has on board a valid letter from
the Regional Administrator authorizing
the vessel to fish under the monkfish
DAS program. The letter of
authorization must be carried on board
the vessel. A vessel with such a letter of
authorization shall not exceed the
annual allocation of monkfish DAS as
specified in § 648.92(b)(1) and must
report the use of monkfish DAS
according to the provisions of § 648.10.
If the appeal is finally denied, the
Regional Administrator shall send a
notice of final denial to the vessel
owner; the letter authorizing temporary
participation in the monkfish fishery
shall become invalid 5 days after receipt
of the notice of denial, but no later than
10 days from the date of the denial
letter. If the appeal is approved, any
DAS used during pendency of the
appeal shall be deducted from the
vessel’s annual allocation of monkfish
DAS for that fishing year.
(ii) Monkfish incidental catch vessels
(Category E). A vessel of the United
States that is subject to these regulations
and that has not been issued a limited
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access monkfish permit under
paragraph (a)(9)(i)(A) of this section is
eligible for and may be issued a
monkfish incidental catch (Category E)
permit to fish for, possess, or land
monkfish subject to the restrictions in
§ 648.94(c).
*
*
*
*
*
3. In § 648.92, paragraphs (b)(1) and
(b)(2)(i) are revised and paragraph
(b)(10) is added to read as follows:
*
*
*
*
(b) * * *
(1) Limited access monkfish permit
holders—(i) General provision. Limited
access monkfish permit holders shall be
allocated 40 monkfish DAS each fishing
year to be used in accordance with the
restrictions of this paragraph (b), unless
otherwise restricted by paragraph
(b)(1)(ii) of this section or modified by
§ 648.96(b)(3), or unless the vessel is
enrolled in the Offshore Fishery
Program in the SFMA, as specified in
paragraph (b)(1)(iv) of this section. The
annual allocation of monkfish DAS shall
be reduced by the amount calculated in
paragraph (b)(1)(v) of this section for the
research DAS set-aside. Limited access
NE multispecies and limited access sea
scallop permit holders who also possess
a limited access monkfish permit must
use a NE multispecies or sea scallop
DAS concurrently with each monkfish
DAS utilized, except as provided in
paragraph (b)(2) of this section, unless
otherwise specified under this subpart
F.
(ii) DAS restrictions for vessels fishing
in the SFMA. Limited access monkfish
vessels may only use 28 of their 40
monkfish DAS allocation in the SFMA.
All limited access monkfish vessels
fishing in the SFMA must declare that
they are fishing in this area through the
vessel call-in system or VMS prior to the
start of every trip. In addition, if a vessel
does not possess a valid letter of
authorization from the Regional
Administrator to fish in the NFMA as
described in § 648.94(f), NMFS shall
presume that any monkfish DAS used
were fished in the SFMA.
(iii) DAS declaration provision for
vessels fishing in the NFMA with a VMS
unit. Any limited access NE
multispecies vessel fishing under a NE
multispecies Category A DAS in the
NFMA may change its DAS declaration
to a monkfish DAS through the vessel’s
VMS unit during the course of the trip,
but prior to crossing the VMS
demarcation line upon its return to port
or leaving the NFMA, if the vessel
exceeds the incidental catch limit
specified under § 648.94(c).
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(A) Vessels that change their DAS
declaration from a NE multispecies
Category A DAS to a monkfish DAS
during the course of a trip remain
subject to the NE multispecies DAS
usage requirements (i.e., use a NE
multispecies Category A DAS in
conjunction with the monkfish DAS)
described in paragraph (b)(2)(i) of this
section.
(B) Gillnet vessels that change their
DAS declaration in accordance with this
paragraph (b)(1)(iii) are not subject to
the gillnet minimum mesh size
restrictions found at § 648.91(c)(1)(iii),
but are subject to the smaller NE
multispecies minimum mesh
requirements for gillnet vessels found
under § 648.80 based upon the NE
Multispecies Regulated Mesh Area in
which the vessel is fishing.
(iv) Offshore Fishery Program DAS
allocation. A vessel issued a Category F
permit, as described in § 648.95, shall be
allocated a prorated number of
monkfish DAS as specified in
§ 648.95(g)(2).
(v) Research DAS set-aside. A total of
500 DAS shall be set aside and made
available for cooperative research
programs as described in paragraph (c)
of this section. These DAS shall be
deducted from the total number of DAS
allocated to all monkfish limited access
permit holders, as specified under
paragraph (b)(1)(i) of this section. A per
vessel deduction shall be determined as
follows: Allocated DAS minus the
quotient of 500 DAS divided by the total
number of limited access permits issued
in the previous fishing year. For
example, if the DAS allocation equals 40
DAS and there were 750 limited access
monkfish permits issued during
FY2010, the number of DAS allocated to
each vessel during FY2011 would be 40
DAS minus 0.7 (500 DAS divided by
750 permits), or 39.3 DAS.
(2) Category C, D, F, G, or H limited
access monkfish permit holders. (i)
Unless otherwise specified in paragraph
(b)(2)(ii) of this section, each monkfish
DAS used by a limited access NE
multispecies or scallop DAS vessel
holding a Category C, D, F, G, or H
limited access monkfish permit shall
also be counted as a NE multispecies or
scallop DAS, as applicable, except when
a Category C, D, F, G, or H vessel with
a limited access NE multispecies DAS
permit has an allocation of NE
multispecies Category A DAS, specified
under § 648.82(d)(1), that is less than
the number of monkfish DAS allocated
for the fishing year May 1 through April
30. Under this circumstance, the vessel
may fish under the monkfish limited
access Category A or B provisions, as
applicable, for the number of DAS that
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equal the difference between the
number of its allocated monkfish DAS
and the number of its allocated NE
multispecies Category A DAS. For such
vessels, when the total allocation of NE
multispecies Category A DAS has been
used, a monkfish DAS may be used
without concurrent use of a NE
multispecies DAS, provided that the
vessel fishes under the regulations
pertaining to a Category B vessel and
does not retain any regulated NE
multispecies. For example, if a
monkfish Category D vessel’s NE
multispecies Category A DAS allocation
is 10, and the vessel fished 10 of its 40
monkfish DAS, 10 NE multispecies
Category A DAS would also be used.
However, after all 10 NE multispecies
Category A DAS are used, the vessel
may utilize its remaining 30 monkfish
DAS to fish for monkfish, without a NE
multispecies DAS being used. A vessel
holding a Category C, D, F, G, or H
limited access monkfish permit may not
use a NE multispecies Category B
Regular DAS under the NE Multispecies
Regular B DAS Program, as specified
under § 648.85(b)(6), in order to satisfy
the requirement of this paragraph
(b)(2)(i) to use a NE multispecies DAS
concurrently with a monkfish DAS.
*
*
*
*
*
(10) DAS Adjustment for Trip Limit
Overage. Any limited access monkfish
vessel fishing on a monkfish DAS may
land up to the equivalent of one
additional day’s worth of its trip limit
(i.e., amount of monkfish authorized per
DAS) than would otherwise be
authorized, provided the vessel, vessel
owner, or vessel operator notifies the
Regional Administrator of the overage
via VMS prior to crossing the VMS
demarcation line. If the vessel is not
equipped with an operable VMS, the
vessel, vessel operator, or owner may
notify the Regional Administrator via
the call-in system at least 1-hour prior
to landing. The monkfish DAS charged
to the vessel will then be increased to
equal a full 24-hr period plus one
minute to account for the trip limit
overage. For example, if a vessel has the
equivalent of two monkfish DAS trip
limits (based on its permit category) on
board, but has only been declared into
the monkfish DAS program for 15 hr,
the vessel, vessel owner, or vessel
operator may land fish equal to the two
DAS trip limits only if he/she notifies
the Regional Administrator of the
overage via VMS or the call-in system as
described above. In this case, the
monkfish DAS charged to the vessel
would be adjusted from 15 hr to 24 hr
and 1 minute.
*
*
*
*
*
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3. In § 648.94, paragraphs (a), (b)(1),
(b)(2)(i) and (ii), (b)(3)(ii)(A), (b)(4),
(c)(1) through (c)(8), and (d)(2) are
revised to read as follows:
§ 648.94 Monkfish possession and landing
restrictions.
(a) General. Monkfish may be
possessed or landed either as heads
only, tails only, or in whole form (head
on and gutted), or any combination of
the three. When any combination of
heads, tails, and whole fish are
possessed or landed, the possession or
landing limit for monkfish shall be
based on the tail weight limit applicable
to that vessel where all whole monkfish
(head on and gutted) are converted to
tail weight using the conversion factor
of 2.91. For example, whole weight is
converted to tail weight by dividing the
whole weight by 2.91. Conversely, tail
weight is converted to whole weight by
multiplying the tail weight by 2.91. The
possession or landing limit for monkfish
heads shall not exceed 1.91 times the
tail weight of fish on board, excluding
any whole monkfish. The allowed
amount of head weight is determined by
multiplying the tail weight by 1.91. For
example a vessel possessing 100 lb of
tail weight may possess an additional
191 lb of monkfish heads (100 × 1.91 =
191). A vessel may not possess heads
only without possessing the amount of
tails allowed by using the conversion
factor.
(b) * * *
(1) Vessels fishing under the monkfish
DAS program in the NFMA—(i)
Category A and C vessels. Limited
access monkfish Category A and C
vessels that fish under a monkfish DAS
exclusively in the NFMA may land up
to 1,250 lb (567 kg) tail weight or 3,638
lb (1,650 kg) whole weight of monkfish
per DAS (or any prorated combination
of tail weight and whole weight based
on the conversion factor for tail weight
to whole weight of 2.91). For every 1 lb
(0.45 kg) of tail weight landed, the
vessel may land up to 1.91 lb (0.87 kg)
of monkfish heads, as described in
paragraph (a) of this section.
(ii) Category B and D vessels. Limited
access monkfish Category B and D
vessels that fish under a monkfish DAS
exclusively in the NFMA may land up
to 800 lb (363 kg) tail weight or 2,328
lb (1,056 kg) whole weight of monkfish
per DAS (or any prorated combination
of tail weight and whole weight based
on the conversion factor for tail weight
to whole weight of 2.91). For every 1 lb
(0.45 kg) of tail weight landed, the
vessel may land up to 1.91 lb (0.87 kg)
of monkfish heads, as described in
paragraph (a) of this section.
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(2) Vessels fishing under the monkfish
DAS program in the SFMA—(i) Category
A, C, and G vessels. Limited access
monkfish Category A, C, and G vessels
that fish under a monkfish DAS in the
SFMA may land up to 550 lb (249 kg)
tail weight or 1,601 lb (726 kg) whole
weight of monkfish per DAS (or any
prorated combination of tail weight and
whole weight based on the conversion
factor for tail weight to whole weight of
2.91). For every 1 lb (0.45 kg) of tail
weight landed, the vessel may land up
to 1.91 lb (0.87 kg) of monkfish heads,
as described in paragraph (a) of this
section.
(ii) Category B, D, and H vessels.
Limited access monkfish Category B, D,
and H vessels that fish under a
monkfish DAS in the SFMA may land
up to 450 lb (204 kg) tail weight or 1,310
lb (594 kg) whole weight of monkfish
per DAS (or any prorated combination
of tail weight and whole weight based
on the conversion factor for tail weight
to whole weight of 2.91). For every 1 lb
(0.45 kg) of tail weight landed, the
vessel may land up to 1.91 lb (0.87) of
monkfish heads, as described in
paragraph (a) of this section.
*
*
*
*
*
(3) * * *
(ii) * * *
(A) Category C, D, and F vessels.
Limited access monkfish Category C, D,
or F vessels that fish any portion of a
trip under a NE multispecies DAS in the
SFMA, and not a monkfish DAS, may
land up to 300 lb (136 kg) tail weight or
873 lb (396 kg) whole weight of
monkfish per DAS if trawl gear is used
exclusively during the trip, or 50 lb (23
kg) tail weight or 146 lb (66 kg) whole
weight per DAS if gear other than trawl
gear is used at any time during the trip.
Category C, D, and F vessels
participating in the NE Multispecies
Regular B DAS program, as specified
under § 648.85(b)(6), are also subject to
the incidental catch limit specified in
paragraph (c)(1)(ii) of this section. For
the purpose of converting whole weight
to tail weight, the amount of whole
weight possessed or landed is divided
by 2.91. For every 1 lb (0.45 kg) of tail
weight landed, the vessel may land up
to 1.91 lb (0.87 kg) of monkfish heads,
as described in paragraph (a) of this
section.
*
*
*
*
*
(4) Category C, D, F, G, or H vessels
fishing under the scallop DAS program.
A Category C, D, F, G, or H vessel
fishing under a scallop DAS may land
up to 300 lb (136 kg) tail weight or 873
lb (396 kg) whole weight of monkfish
per DAS (or any prorated combination
of tail weight and whole weight based
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on the conversion factor for tail weight
to whole weight of 2.91). For every 1 lb
(0.45 kg) of tail weight landed, the
vessel may land up to 1.91 lb (0.87 kg)
of monkfish heads, as described in
paragraph (a) of this section.
*
*
*
*
*
(c) * * *
(1) Vessels fishing under a NE
multispecies DAS—(i) NFMA. Vessels
issued a valid monkfish incidental catch
(Category E) permit or a valid limited
access Category C, D, F, G, or H permit,
fishing under a NE multispecies DAS
exclusively in the NFMA may land up
to 300 lb (136 kg) tail weight or 873 lb
(396 kg) whole weight of monkfish per
DAS, or 25 percent (where the weight of
all monkfish is converted to tail weight)
of the total weight of fish on board,
whichever is less. For the purpose of
converting whole weight to tail weight,
the amount of whole weight possessed
or landed is divided by 2.91. For every
1 lb (0.45 kg) of tail weight landed, the
vessel may land up to 1.91 lb (0.87 kg)
of monkfish heads, as described in
paragraph (a) of this section.
(ii) SFMA. If any portion of the trip is
fished by a vessel issued a monkfish
incidental catch (Category E) permit, or
issued a valid limited access Category G
or H permit, under a NE multispecies
DAS in the SFMA, the vessel may land
up to 50 lb (23 kg) tail weight or 146 lb
(66 kg) whole weight of monkfish per
DAS (or any prorated combination of
tail weight and whole weight based on
the conversion factor for tail weight to
whole weight of 2.91). For every 1 lb
(0.45 kg) of tail weight landed, the
vessel may land up to 1.91 lb (0.87 kg)
of monkfish heads, as described in
paragraph (a) of this section.
(2) Scallop vessels fishing under a
scallop DAS. A scallop vessel issued a
monkfish incidental catch (Category E)
permit fishing under a scallop DAS,
may land up to 300 lb (136 kg) tail
weight or 873 lb (396 kg) whole weight
of monkfish per DAS (or any prorated
combination of tail weight and whole
weight based on the conversion factor
for tail weight to whole weight of 2.91).
For every 1 lb (0.45 kg) of tail weight
landed, the vessel may land up to 1.91
lb (0.87 kg) of monkfish heads, as
described in paragraph (a) of this
section.
(3) Vessels fishing with large mesh
and not fishing under a DAS—(i) A
vessel issued a valid monkfish
incidental catch limit (Category E)
permit or a limited access monkfish
permit (Category A, B, C, D, F, G, or H)
fishing in the GOM or GB RMAs with
mesh no smaller than specified at
§ 648.80(a)(3)(i) and (a)(4)(i),
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respectively, while not on a monkfish,
NE multispecies, or scallop DAS, may
possess, retain, and land monkfish
(whole or tails) only up to 5 percent
(where the weight of all monkfish is
converted to tail weight) of the total
weight of fish on board. For the purpose
of converting whole weight to tail
weight, the amount of whole weight
possessed or landed is divided by 2.91.
For every 1 lb (0.45 kg) of tail weight
landed, the vessel may land up to 1.91
lb (0.87 kg) of monkfish heads, as
described in paragraph (a) of this
section.
(ii) A vessel issued a valid monkfish
incidental catch (Category E) permit or
a limited access monkfish permit
(Category A, B, C, D, F, G, or H) fishing
in the SNE RMA east of the MA
Exemption Area boundary with mesh no
smaller than specified at
§ 648.80(b)(2)(i), while not on a
monkfish, NE multispecies, or scallop
DAS, may possess, retain, and land
monkfish (whole or tails) only up to 5
percent (where the weight of all
monkfish is converted to tail weight) of
the total weight of fish on board, not to
exceed 50 lb (23 kg) tail weight or 146
lb (66 kg) whole weight of monkfish per
day or partial day, up to a maximum of
150 lb (68 kg) tail weight or 437 lb (198
kg) whole weight per trip. For the
purpose of converting whole weight to
tail weight, the amount of whole weight
possessed or landed is divided by 2.91.
For every 1 lb (0.45 kg) of tail weight
landed, the vessel may land up to 1.91
lb (0.87 kg) of monkfish heads, as
described in paragraph (a) of this
section.
(iii) A vessel issued a valid monkfish
incidental catch (Category E) permit or
a limited access monkfish permit
(Category A, B, C, D, F, G, or H) fishing
in the SNE RMA under a Skate Bait
Letter of Authorization, as authorized
under § 648.322(c), while not on a
monkfish, NE multispecies, or scallop
DAS, may possess, retain, and land
monkfish (whole or tails) only up to 5
percent (where the weight of all
monkfish is converted to tail weight) of
the total weight of fish on board, not to
exceed 50 lb (23 kg) tail weight or 146
lb (66 kg) whole weight of monkfish per
day or partial day, up to a maximum of
150 lb (68 kg) tail weight or 437 lb (198
kg) whole weight per trip. For the
purpose of converting whole weight to
tail weight, the amount of whole weight
possessed or landed is divided by 2.91.
For every 1 lb (0.45 kg) of tail weight
landed, the vessel may land up to 1.91
lb (0.87 kg) of monkfish heads, as
described in paragraph (a) of this
section.
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(iv) A vessel issued a valid monkfish
incidental catch (Category E) permit or
a limited access monkfish permit
(Category A, B, C, D, F, G, or H) fishing
in the SNE or MA RMAs west of the MA
Exemption Area boundary with mesh no
smaller than specified at § 648.104(a)(1)
while not on a monkfish, NE
multispecies, or scallop DAS, may
possess, retain, and land monkfish
(whole or tails) only up to 5 percent
(where the weight of all monkfish is
converted to tail weight) of the total
weight of fish on board, but not to
exceed 450 lb (204 kg) tail weight or
1,310 lb (594 kg) whole weight of
monkfish, unless that vessel is fishing
under a Skate Bait Letter of
Authorization in the SNE RMA. Such a
vessel is subject to the incidental catch
limit specified under paragraph
(c)(3)(iii) of this section. For the purpose
of converting whole weight to tail
weight, the amount of whole weight
possessed or landed is divided by 2.91.
For every 1 lb (0.45 kg) of tail weight
landed, the vessel may land up to 1.91
lb (0.87 kg) of monkfish heads, as
described in paragraph (a) of this
section.
(4) Vessels fishing with small mesh
and not fishing under a DAS. A vessel
issued a valid monkfish incidental catch
(Category E) permit or a limited access
monkfish permit (Category A, B, C, D, F,
G, or H) fishing with mesh smaller than
the mesh size specified by area in
paragraph (c)(3) of this section, while
not on a monkfish, NE multispecies, or
scallop DAS, may possess, retain, and
land only up to 50 lb (23 kg) tail weight
or 146 lb (66 kg) whole weight of
monkfish per day or partial day, not to
exceed 150 lb (68 kg) tail weight or 437
lb (198 kg) whole weight per trip. For
the purpose of converting whole weight
to tail weight, the amount of whole
weight possessed or landed is divided
by 2.91. For every 1 lb (0.45 kg) of tail
weight landed, the vessel may land up
to 1.91 lb (0.87 kg) of monkfish heads,
as described in paragraph (a) of this
section.
(5) Small vessels. A vessel issued a
limited access NE multispecies small
vessel category permit and a valid
monkfish incidental catch (Category E)
permit that is less than 30 ft (9.1 m) in
length and that elects not to fish under
the NE multispecies DAS program, may
possess, retain, and land up to 50 lb (23
kg) tail weight or 146 lb (66 kg) whole
weight of monkfish per day or partial
day, not to exceed 150 lb (68 kg) tail
weight or 437 lb (198 kg) whole weight
per trip. For the purpose of converting
whole weight to tail weight, the amount
of whole weight possessed or landed is
divided by 2.91. For every 1 lb (0.45 kg)
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of tail weight landed, the vessel may
land up to 1.91 lb of monkfish heads, as
described in paragraph (a) of this
section.
(6) Vessels fishing with handgear. A
vessel issued a valid monkfish
incidental catch (Category E) permit or
a limited access monkfish permit
(Category A, B, C, D, F, G, or H) and
fishing exclusively with rod and reel or
handlines with no other fishing gear on
board, while not on a monkfish, NE
multispecies, or scallop DAS, may
possess, retain, and land up to 50 lb (23
kg) tail weight or 146 lb (66 kg) whole
weight of monkfish per day or partial
day, not to exceed 150 lb (68 kg) tail
weight or 437 lb (198 kg) whole weight
per trip. For the purpose of converting
whole weight to tail weight, the amount
of whole weight possessed or landed is
divided by 2.91. For every 1 lb (0.45 kg)
of tail weight landed, the vessel may
land up to 1.91 lb (0.87 kg) of monkfish
heads, as described in paragraph (a) of
this section.
(7) Vessels fishing with surfclam or
ocean quahog dredge gear. A vessel
issued a valid monkfish incidental catch
(Category E) permit and a valid surfclam
or ocean quahog permit, while fishing
exclusively with a hydraulic clam
dredge or mahogany quahog dredge,
may possess, retain, and land up to 50
lb (23 kg) tail weight or 146 lb (66 kg)
whole weight of monkfish per day or
partial day, not to exceed 150 lb (68 kg)
tail weight or 437 lb (198 kg) whole
weight per trip. For the purpose of
converting whole weight to tail weight,
the amount of whole weight possessed
or landed is divided by 2.91. For every
1 lb (0.45 kg) of tail weight landed, the
vessel may land up to 1.91 lb (0.87 kg)
of monkfish heads, as described in
paragraph (a) of this section.
(8) Scallop vessels not fishing under a
scallop DAS with dredge gear—(i)
General provisions. A vessel issued a
valid monkfish incidental catch
(Category E) permit or a valid limited
access Category C, D, F, G, or H permit,
and also possessing a valid General
Category sea scallop permit or a limited
access sea scallop vessel not fishing
under a scallop DAS, while fishing
exclusively with scallop dredge gear as
specified in § 648.51(b), may possess,
retain, and land up to 50 lb (23 kg) tail
weight or 146 lb (66 kg) whole weight
of monkfish per day or partial day, not
to exceed 150 lb (68 kg) tail weight or
437 lb (198 kg) whole weight per trip,
unless otherwise specified in paragraph
(c)(8)(ii) of this section. For the purpose
of converting whole weight to tail
weight, the amount of whole weight
possessed or landed is divided by 2.91.
For every 1 lb (0.45 kg) of tail weight
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landed, the vessel may land up to 1.91
lb (0.87 kg) of monkfish heads, as
described in paragraph (a) of this
section.
(ii) Limited access scallop vessels
fishing in Sea Scallop Access Areas. A
vessel issued a valid monkfish
incidental catch (Category E) permit or
a valid limited access Category C, D, F,
G, or H permit, and also possessing a
limited access sea scallop permit while
fishing exclusively with scallop dredge
gear as specified in § 648.51(b), and
fishing in one of the established Sea
Scallop Access Areas specified under
§ 648.59, may possess, retain, and land
up to 300 lb (136 kg) tail weight or 873
lb (396 kg) whole weight of monkfish
per day or partial day fished within the
boundaries of the Sea Scallop Access
Area. Time within the applicable access
area, for purposes of determining the
incidental catch limit, will be
determined through the vessel’s VMS
unit. For the purpose of converting
whole weight to tail weight, the amount
of whole weight possessed or landed is
divided by 2.91. For every 1 lb (0.45 kg)
of tail weight landed, the vessel may
land up to 1.91 lb (0.87 kg) of monkfish
heads, as described in paragraph (a) of
this section.
(d) * * *
(2) If a vessel possesses or lands both
monkfish tails and whole monkfish, the
vessel may land monkfish livers up to
10 percent of the whole weight of
monkfish per trip using the following
weight ratio:(0.10) × [(tail weight × 2.91)
+ (whole fish × 1)].
Note to paragraph (d)(2): The value
2.91 is the live weight conversion for
tails and the value of 1 is the live weight
conversion for fish landed in a whole
condition.
*
*
*
*
*
4. Section 648.96 is revised to read as
follows:
§ 648.96 FMP review, specification, and
framework adjustment process.
(a) Annual review and adjustment
process. The NEFMC and MAFMC, the
Monkfish Plan Development Team
(PDT), and the Monkfish Advisory Panel
shall monitor the status of the monkfish
fishery and resource.
(1) Monkfish annual SAFE Report.
The PDT shall prepare an annual Stock
Assessment and Fishery Evaluation
(SAFE) Report for the monkfish fishery.
The SAFE Report shall be the primary
vehicle for the presentation of updated
biological and socio-economic
information regarding the monkfish
fishery. The SAFE report shall provide
source data for any adjustments to the
management measures that may be
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Sfmt 4702
needed for the Councils to meet the
goals and objectives of the FMP.
(2) Annual review. The PDT shall
meet at least annually to conduct a
review of the monkfish fishery in
relation to the goals and objectives
specified in the Monkfish FMP,
including a review of catch relative to
the annual catch targets (ACTs) for each
management area. They shall review
available data pertaining to discards and
landings; DAS and other measures of
fishing effort; stock status and fishing
mortality rate information, if available;
enforcement of and compliance with
management measures; and any other
relevant information. Based on this
review, the PDT shall provide guidance
to the NEFMC and MAFMC regarding
the need to adjust management
measures to better achieve the FMP’s
goals and objectives. After considering
the PDT’s guidance, the Council may
submit to NMFS its recommendations
for changes to management measures, as
appropriate, through the annual
framework adjustment process specified
in paragraph (a)(3) of this section, the
in-season framework adjustment process
specified in paragraph (b) of this
section, or through an amendment to the
FMP.
(3) Annual framework adjustment
procedures. (i) If necessary based on the
annual review, the Councils may
develop adjustments to management
measures to achieve the annual catch
target (ACT) for the upcoming fishing
year, and may develop other
management options to better achieve
the goals and objectives of the Monkfish
FMP, which may include a preferred
option. The Councils must demonstrate
through analysis and documentation
that any options they develop are
expected to meet the goals and
objectives of the Monkfish FMP.
Additionally, if necessary based on the
recommendation of the NEFMC’s
Scientific and Statistical Committee
(SSC), the Councils may recommend
measures to revise the ABCs and ACLs
for the upcoming fishing year(s) as
described in paragraph (c) of this
section.
(ii) The range of options developed by
the Councils may include any of the
management measures in the Monkfish
FMP, including, but not limited to:
ACTs; closed seasons or closed areas;
minimum size limits; mesh size limits;
net limits; liver-to-monkfish landings
ratios; annual monkfish DAS allocations
and monitoring; trip or possession
limits; blocks of time out of the fishery;
gear restrictions; transferability of
permits and permit rights or
administration of vessel upgrades,
vessel replacement, or permit
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assignment; measures to minimize the
impact of the monkfish fishery on
protected species; gear requirements or
restrictions that minimize bycatch or
bycatch mortality; transferable DAS
programs; changes to the Northeast
Region SBRM (including the CV-based
performance standard, fishery
stratification, and/or reports) and/or
industry-funded observers or observer
set-aside programs; changes to the
Monkfish Research Set-Aside Program;
and other frameworkable measures
included in §§ 648.55 and 648.90.
(iii) The Councils shall review the
options analyzed by the PDT and other
relevant information, consider public
comment, and submit a
recommendation to the Regional
Administrator that meets the Monkfish
FMP’s objectives, consistent with other
applicable law. The Councils’
recommendation to the Regional
Administrator shall include supporting
documents, as appropriate, concerning
the environmental and economic
impacts of the proposed action and the
other options considered by the
Councils. Management adjustments
made to the Monkfish FMP require
majority approval of each Council for
submission to the Secretary.
(A) The Councils may delegate
authority to the Joint Monkfish
Oversight Committee to conduct an
initial review of the options analyzed by
the PDT and any other relevant
information, consider public comment,
and make a recommendation to the
Councils.
(B) If the Councils submit a
recommendation that is consistent with
other applicable law but does not meet
the Monkfish FMP’s goals and
objectives, the Regional Administrator
may adopt any option developed by the
Councils and analyzed by the PDT that
has not been rejected by either Council,
provided such option meets the
Monkfish FMP’s goals and objectives,
and is consistent with other applicable
law. If either the NEFMC or MAFMC
has rejected all options, then the
Regional Administrator may select any
measure that has not been rejected by
both Councils and that meets the
Monkfish FMP’s goals and objectives.
(iv) If the Councils submit, on or
before December 1, a recommendation
to the Regional Administrator after one
meeting with each Council, and the
Regional Administrator concurs with
the recommendation, the
recommendation shall be published in
the Federal Register as a proposed rule,
or as otherwise authorized under the
Administrative Procedure Act. The
Councils may instead submit their
recommendation on or before February
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Jkt 223001
1, if they choose to follow the
framework process outlined in
paragraph (b) of this section and request
that the Regional Administrator publish
the recommendation as a final rule. If
the Regional Administrator concurs
with the Councils’ recommendation the
recommended management measures
may be published as a proposed rule or
a final rule, in accordance with the
APA. If the effective date of a final rule
to implement the recommended
measures falls after the start of the
fishing year, fishing may continue under
the existing regulations, but, any DAS
used by a vessel on or after the start of
a fishing year shall be counted against
any DAS allocation the vessel ultimately
receives for that fishing year.
(v) Following publication of a
proposed rule and after receiving public
comment, if the Regional Administrator
concurs in the Councils’
recommendation, a final rule, if
possible, shall be published in the
Federal Register prior to the start of the
next fishing year. If the Councils fail to
submit a recommendation to the
Regional Administrator by February 1
that meets the goals and objectives of
the Monkfish FMP, the Regional
Administrator may implement through
rulemaking in accordance with the APA
one of the options reviewed and not
rejected by either Council, provided the
option meets the goals and objectives of
the Monkfish FMP, and is consistent
with other applicable law.
(b) Within-season management
action. At any time, the Councils or the
Joint Monkfish Oversight Committee
(subject to the approval of the Councils’
Chairmen) may initiate action to add or
adjust management measures if it is
determined that action is necessary to
meet or be consistent with the goals and
objectives of the Monkfish FMP.
(1) In-season Framework adjustment
procedures. (i) Framework adjustments
shall require at least one initial meeting
of the Joint Monkfish Oversight
Committee or one of the Councils (the
agenda must include notification of the
framework adjustment proposal) and at
least two final Council meetings, one at
each Council. The Councils shall
provide the public with advance notice
of the availability of both the proposals
and the analysis, and opportunity to
comment on them prior to the first of
the two final Council meetings.
Framework adjustments and
amendments to the Monkfish FMP
require majority approval of each
Council for submission to the Secretary.
(ii) Recommended adjustments to
management measures must come from
the categories specified under paragraph
(a)(3)(i) of this section, including
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Fmt 4702
Sfmt 4702
11749
specification of ABC and ACLs, if
necessary.
(2) Councils’ recommendation. After
developing management actions and
receiving public testimony, the Councils
shall make a recommendation to the
Regional Administrator. The Councils’
recommendation must include
supporting rationale and, if management
measures are recommended, an analysis
of impacts and a recommendation to the
Regional Administrator on whether to
issue the management measures as a
final rule. If the Councils recommend
that the management measures should
be issued as a final rule, the Councils
must consider at least the following four
factors and provide support and
analysis for each factor considered:
(i) Whether the availability of data on
which the recommended management
measures are based allows for adequate
time to publish a proposed rule, and
whether regulations have to be in place
for an entire harvest/fishing season;
(ii) Whether there has been adequate
notice and opportunity for participation
by the public and members of the
affected industry in the development of
the Councils’ recommended
management measures;
(iii) Whether there is an immediate
need to protect the resource or to
impose management measures to
resolve gear conflicts; and
(iv) Whether there will be a
continuing evaluation of management
measures adopted following their
implementation as a final rule.
(3) Adjustments for gear conflicts. The
Councils may develop a
recommendation on measures to
address gear conflict as defined under
§ 600.10 of this chapter, in accordance
with the procedure specified in
§ 648.55(g) and (h).
(4) Action by NMFS. (i) If the Regional
Administrator approves the Councils’
recommended management measures
and determines that the recommended
management measures should be issued
as a final rule based on the factors
specified in paragraph (c)(3)(i) of this
section, the Secretary may, for good
cause found under the standard of the
Administrative Procedure Act, waive
the requirement for a proposed rule and
opportunity for public comment in the
Federal Register. The Secretary, in so
doing, shall publish only the final rule.
Submission of the recommendations
does not preclude the Secretary from
deciding to provide additional
opportunity for prior notice and
comment in the Federal Register.
(ii) If the Regional Administrator
concurs with the Councils’
recommendation and determines that
the recommended management
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measures should be published first as a
proposed rule, then the measures shall
be published as a proposed rule in the
Federal Register. After additional
public comment, if NMFS concurs with
the Councils’ recommendation, then the
measures shall be issued as a final rule
in the Federal Register.
(iii) If the Regional Administrator
does not concur, then the Councils shall
be notified in writing of the reasons for
the non-concurrence.
(c) Process for setting ABCs and ACLs.
(1) The Councils or the PDT may
develop options for setting ABC, ACL,
and OFL for each monkfish stock, as
necessary, as part of the annual review
and adjustment process specified in
paragraph (a) of this section, or as
otherwise deemed necessary following
the in-season adjustment process
specified in paragraph (b) of this
section. These options shall be
submitted to the SSC for consideration.
The Councils or the PDT may
recommend to the SSC that ABC, ACL,
and OFL are specified for each monkfish
stock for multiple years as determined
necessary to best align management
with the stock assessment process for
this fishery.
(i) ABC recommendation. The
Councils or the PDT shall calculate ABC
values for each monkfish stock based on
the ABC control rule established in the
FMP. These calculations shall be
reviewed by the SSC, guided by terms
of reference developed by the Councils.
The SSC shall either concur with these
ABC calculations, or provide alternative
recommendations for each stock and
describe the elements of scientific
uncertainty used to develop its
recommendations. The SSC may also
consider other related issues specified
in the terms of reference developed by
the Councils, including, but not limited
to, OFLs, ACLs, and management
uncertainty.
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(ii) ACL recommendations. The
Councils shall develop ACL
recommendations based upon the ABCs
recommended by the SSC. The ACL
recommendations shall be specified
based upon total catch for each stock
(i.e., including landings and discards), if
that information is available. The
Councils shall describe the steps
involved with calculating their
recommended ACLs, including whether
ACLs have been exceeded in recent
years. The Councils shall adopt ACLs
that are equal to or lower than the ABCs
recommended by the SSC.
(iii) Timing. The Councils shall
develop and approve any
recommendations for ABCs and ACLs
prior to December 31, to the extent
possible. Once the Councils have
approved the recommended ABCs and
ACLs, they shall be submitted to NMFS
as part of an annual framework
adjustment or in-season framework
adjustment, as described in paragraphs
(a) and (b) of this section, along with
any necessary analysis required by
applicable law. After receipt of the
Councils’ recommendation for ACLs,
NMFS shall review the Councils’
decision and, if consistent with
applicable law, implement the ACLs in
accordance with the Administrative
Procedure Act.
(d) Accountability Measures (AMs)—
(1) Specification of ACTs. Through the
annual review process described in
paragraph (a) of this section, or as
otherwise determined necessary, the
Councils shall specify ACTs for each
management area that are set
sufficiently below the ACL to account
for management uncertainty and
prevent the ACL from being exceeded.
The ACTs established for each
management area shall be the basis for
setting management measures (DAS and
trip limits), after accounting for
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Fmt 4702
Sfmt 9990
incidental catch in non-directed
fisheries and discards in all fisheries.
(2) ACL overages and adjustments—(i)
Council action. The Councils shall
revise the ACT for a monkfish stock if
it is determined that the ACL was
exceeded in any given year, based upon,
but not limited to, available landings
and discard information. The ACL
overage shall be deducted from the ACT
for the corresponding monkfish stock on
a pound-for-pound basis. The revised
ACT and corresponding management
measures (DAS and trip limits) shall be
implemented through either the annual
or in-season framework adjustment
process, specified in paragraphs (a) and
(b) of this section, in the second fishing
year following the fishing year in which
the ACL overage occurred.
(ii) NMFS action. If the Councils fail
to take appropriate action to correct an
ACL overage consistent with paragraph
(d)(1)(i) of this section, the Regional
Administrator shall implement the
required adjustment, as described in
paragraph (d)(2)(i) of this section,
including the specification of DAS and
trip limits using a formulaic approach
developed by the PDT, in accordance
with the Administrative Procedure Act
and other applicable law. Notification of
the proposed ACL revision and DAS
and/or trip limit adjustments shall be
published in the Federal Register no
later than January 1, if possible, for
implementation on May 1 of the second
fishing year following the fishing year in
which the ACL overage occurred.
(d) Emergency action. Nothing in this
section is meant to derogate from the
authority of the Secretary to take
emergency action under section 305(c)
of the Magnuson-Stevens Act.
[FR Doc. 2011–4795 Filed 3–2–11; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 76, Number 42 (Thursday, March 3, 2011)]
[Proposed Rules]
[Pages 11737-11750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4795]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 090225241-0561-02]
RIN 0648-AX70
Fisheries of the Northeastern United States; Monkfish; Amendment
5
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; amendment; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes regulations to implement measures in Amendment 5
to the Monkfish Fishery Management Plan (Monkfish FMP). The New England
and Mid-Atlantic Fishery Management Councils (Councils) developed
Amendment 5 to bring the Monkfish FMP into compliance with the annual
catch limit (ACL) and accountability measure (AM) requirements of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). NMFS is considering disapproving proposed annual catch
targets (ACT) that are not consistent with the most recent scientific
advice. This proposed rule also proposes three management measures in
Amendment 5 to promote efficiency and reduce waste: Automatic days-at-
sea (DAS) adjustment for trip limit overages; authorization to land
monkfish heads; and enable changes to the Monkfish Research Set-Aside
(RSA) Program through framework adjustment, and to bring the biological
and management reference points in the Monkfish FMP into compliance
with recently revised National Standard 1 (NS1) Guidelines.
DATES: Public comments must be received no later than 5 p.m., eastern
standard time, on April 4, 2011.
ADDRESSES: An environmental assessment (EA) was prepared for Amendment
5 that describes the proposed action and other considered alternatives,
and provides a thorough analysis of the impacts of the proposed
measures and alternatives. Copies of Amendment 5, including the EA and
the Initial Regulatory Flexibility Analysis (IRFA), are available on
request from Paul J. Howard, Executive Director, New England Fishery
Management Council (Council), 50 Water Street, Newburyport, MA 01950.
These documents are also available online at https://www.nefmc.org.
[[Page 11738]]
You may submit comments, identified by 0648-AX70, by any one of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: https://www.regulations.gov.
Fax: (978) 281-9135, Attn: Allison McHale.
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
Amendment 5 Proposed Rule.''
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.
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.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
rule should be submitted to the Regional Administrator at the address
above and to the Office of Management and Budget (OMB) by e-mail at
OIRA_Submission@omb.eop.gov, or fax to (202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Allison McHale, Fishery Policy
Analyst, (978) 281-9103; fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly managed by the New England and Mid-
Atlantic Fishery Management Councils (Councils), with the New England
Fishery Management Council (NEFMC) 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 Councils developed Amendment 5 with the primary goal of
bringing the Monkfish FMP into compliance with the requirements of the
reauthorized Magnuson-Stevens Act. The 2006 reauthorization of the
Magnuson-Stevens Act contains several new requirements, including the
requirement that all fishery management plans contain ACLs to prevent
overfishing, and measures to ensure accountability.
Amendment 5 was also developed to bring the Monkfish FMP into
compliance with recently revised National Standard 1 (NS1) Guidelines
(74 FR 3178; January 16, 2009), which not only established a process
for setting ACLs and guidance for establishing AMs, but also provided
updated guidelines for establishing reference points and control rules
(i.e., maximum sustainable yield (MSY), optimum yield (OY), overfishing
limits (OFL), acceptable biological catch (ABC), ACLs, and annual catch
targets (ACTs)), and clarifies the relationships among them. Amendment
5 would establish biological and management reference points to be
consistent with NS1 guidelines utilizing recent scientific information
from the 2007 Northeast Data Poor Stocks Working Group (DPWG)
assessment.
New biological reference points were developed as part of the 2007
assessment, based on a revised yield-per-recruit analysis (using a
revised value of the natural mortality rate) and results of a length-
tuned model that incorporates multiple survey indices and catch data.
However, the 2007 assessment results were accompanied by substantial
uncertainty and are, therefore, viewed with caution. Reservations
highlighted in the 2007 DPWG assessment report include: (1) Input
uncertainties (under-reported landings and unknown discards of monkfish
during the 1980s and incomplete understanding of key biological
parameters such as age and growth, longevity, natural mortality, and
stock structure); (2) the shorter assessment time frame of data used
(1980-2006) than was used in previous assessments (1963-2006); and (3)
the relatively recent development of the assessment model. More
specifically, the assessment hinges on assumptions regarding growth,
longevity, and natural mortality of monkfish, all of which are poorly
known. In addition, commercial catches prior to 1993 are not well
characterized. Framework Adjustment 5 (Framework 5), implemented on May
1, 2008 (73 FR 22831, April 28, 2008), adopted the revised reference
points recommended by the DPWG. Based upon these revised biomass
reference points, Framework 5 determined that both monkfish stocks were
no longer overfished, and are considered rebuilt. The Monkfish
Assessment Summary Report for 2007 can be found at https://www.nefsc.noaa.gov/nefsc/publications/crd/crd0713/.
A more recent assessment of the monkfish resource was conducted
during the first half of 2010 by the 50th Stock Assessment Review
Committee (SARC 50). The full report for this assessment was released
in August 2010 and can be found at https://www.nefsc.noaa.gov/publications/crd/crd1017/. The SARC 50 assessment concluded that both
stocks are above their respective current biomass thresholds, as well
as new biomass thresholds recommended by the assessment, indicating
that both stocks are not overfished. Furthermore, the current estimated
fishing mortality rate for each stock is below their respective fishing
mortality thresholds. Thus, overfishing is not occurring on either
stock. Given the timing of SARC 50 and when the Councils took final
action on Amendment 5 in June 2010, this action does not update the
biomass reference points in the FMP. Because SARC 50 shows such
significant changes in the fishery in the NFMA that revisions to
management measures may be required, NMFS is considering disapproving
the specification of the NFMA ACT on the ground that it is not
consistent with the most recent scientific advice. The NEFMC has
initiated a framework adjustment to the Monkfish FMP (Framework 7), to
be implemented immediately following Amendment 5, for this purpose and
to adjust the ACT for the NFMA to be consistent with the most recent
scientific advice. Further information on how Framework 7 relates to
this amendment is provided under proposed measure 3, ``Proactive AM.''
Similar to the 2007 assessment, the 2010 assessment panel expressed
serious concerns regarding the high levels of uncertainty in the
assessment. The Monkfish Assessment Summary Report for 2010 states,
``The assessment results continue to be uncertain due to cumulative
effects of under-reported landings, unknown discards during the 1980s,
uncertainty in survey indices, and incomplete understanding of key
biological parameters such as age and growth, longevity, natural
mortality and stock structure contributing to retrospective patterns
primarily in the northern management area.'' Unlike the 2007
assessment, the 2010 assessment was able to conduct projections to
evaluate stock trends based on anticipated fishing levels. However,
these projections are also considered highly uncertain, since they are
based on the outputs of the assessment model. Despite this uncertainty,
the projections indicate that the NFMA is more
[[Page 11739]]
vulnerable to overfishing or becoming overfished during 2011-2016 if
total catches approach the proposed ABC, while the SFMA is less
vulnerable.
Amendment 5 also proposes measures intended to promote efficiency
and reduce waste in the monkfish fishery. First, a measure is being
proposed that would minimize regulatory discards resulting from
monkfish trip limit overages by allowing vessels to land an additional
trip limit (1 day's worth) and have their DAS usage for that trip
adjusted to account for the overage. Second, a measure is being
proposed that would allow the landing of monkfish heads separate from
the body by adding a new conversion factor and authorized landing form
to the FMP. Lastly, a measure is being proposed in Amendment 5 that
would enable changes to be made to the Monkfish RSA Program through a
framework adjustment versus an FMP amendment.
Proposed Measures
1. Biological and Management Reference Points
The biological and management reference points currently in the
Monkfish FMP are used to determine if overfishing is occurring on
either stock (Fthreshold), if either stock is overfished
(Bthreshold), or if either stock is rebuilt
(Btarget). However, these reference points alone are not
sufficient to comply with the Magnuson-Stevens Act and the recently
updated NS1 guidelines. As a result, Amendment 5 proposes to establish
control rules to specify MSY, OY, OFL, and ABC for each monkfish stock,
as described in the following paragraphs.
MSY is defined under the Magnuson-Stevens Act as ``the largest
long-term average catch or yield that can be taken from a stock or
stock complex under prevailing ecological, environmental conditions and
fishery technological characteristics (e.g., gear selectivity), and the
distribution of catch among fleets.'' The overfishing threshold
(Fthreshold) for monkfish is defined under the Monkfish FMP
as equivalent to Fmsy or its proxy. Further, the target
biomass reference point (Btarget) is defined under the
Monkfish FMP as Bmsy or its proxy. Amendment 5 proposes that
the MSY control rule be expressed as the product of these two reference
points (MSY = Fthreshold x Btarget). Based on the
2007 assessment, MSY is calculated to be 17,053 mt for the NFMA and
25,487 mt for the SFMA.
OY is defined under the Magnuson-Stevens Act as ``the amount of
fish that will provide the greatest overall benefit to the Nation,
particularly with respect to food production and recreational
opportunities taking into account the protection of marine ecosystems;
that is prescribed on the basis of MSY from the fishery, as reduced by
any relevant economic, social, or ecological factor; and in the case of
an overfished fishery, that provides for the rebuilding to a level
consistent with producing the MSY in such a fishery.'' The NS1
guidelines further state that OY should be set at a level that prevents
overfishing and rebuilds overfished stocks. Consistent with the NS1
guidelines, the Councils are proposing in Amendment 5 to set OY
equivalent to the ACT, which is a proactive AM further described under
measure 3 below. Setting OY equal to the ACT would provide the greatest
benefit to the Nation since this value represents the maximum yield
from the fishery while preventing overfishing, after taking into
account scientific uncertainty in the OFL in setting ABC, and
management uncertainty in setting measures that will not exceed the
ABC.
OFL is defined under the Magnuson-Stevens Act as ``the annual
amount of catch that corresponds to the estimate of maximum fishing
mortality threshold (MFMT) applied to a stock or stock complex's
abundance and is expressed in terms of numbers or weight of fish. The
OFL is an estimate of the catch level above which overfishing is
occurring.'' Consistent with this definition, Amendment 5 proposes that
OFL be expressed as the product of Fthreshold and current
exploitable biomass (Bcurrent) (OFL = Fthreshold
x Bcurrent).
ABC is defined under the Magnuson-Stevens Act National Standard 1
Guidelines as ``a level of stock or stock complex's annual catch that
accounts for the scientific uncertainty in the estimate of OFL and any
other scientific uncertainty, and should be specified based on the ABC
control rule.'' The revised NS1 guidelines further state that ``ABC may
not exceed OFL,'' and that ``the determination of ABC should be based,
when possible, on the probability that an actual catch equal to a
stock's ABC would result in overfishing.'' These guidelines also
require that the Council's ABC control rule be based on scientific
advice provided by its Scientific and Statistical Committee (SSC), and
that the SSC recommend the ABC to the Council.
The NEFMC's SSC, at its March 17, 2009, meeting, endorsed the proxy
reference points for Bmsy and Fmsy, as well as
the estimates of stock size from the 2007 DPWG. However, in its March
30, 2009, report to the NEFMC, the SSC noted ``considerable
uncertainties in the assessment model preclude its use to determine
probability of exceeding the projected Overfishing Level of catch.'' As
a result, the SSC recommended an interim ABC ``based on the product of
the average exploitation rate during the recent period of stable or
increasing trend in biomass in both management units and the most
recent estimate or index of exploitable biomass.'' The SSC recommended
this data-poor default method for determining an interim ABC because it
produces catch advice that is not directly based on OFL and its
uncertainty. However, the SSC noted that ``the method of determining
ABC should be considered an interim proxy until Overfishing Level of
Catch and its uncertainty can be projected.'' Thus, as required by the
NS1 guidelines, the Councils are recommending in Amendment 5 an ABC
that is consistent with the interim ABC approach recommended by the
SSC.
The Monkfish Plan Development Team (PDT) reviewed the results of
the statistical catch at length (SCALE) model from the 2007 assessment
and determined that the periods for stable or increasing biomass were
1999-2006 for the NFMA, and 2000-2006 for the SFMA. Using the average
exploitation rates for these time periods, and the most recent estimate
of exploitable biomass (2006), the PDT calculated an ABC of 17,485 mt
for the NFMA, and 13,326 mt for the SFMA. This would result in a buffer
between the ABC and the OFL of 23 percent (5,234 mt) for the NFMA, and
53 percent (14,930 mt) for the SFMA.
2. ACLs
The Magnuson-Stevens Act, at section 303(a)(15), requires that any
FMP establish a mechanism for specifying ACLs at a level that prevents
overfishing, and also include measures that ensure accountability.
Section 302(h)(6) of the Magnuson-Stevens Act and the NS1 guidelines
further state that the ACL for a given stock or stock complex cannot
exceed the ABC as recommended by the SSC. NS1 further notes that the
ACL serves as the basis for invoking AMs, and that ACLs, in
coordination with AMs, must prevent overfishing. Based on the
requirements of the Magnuson-Stevens Act and the NS1 guidelines with
respect to ACLs and AMs, Amendment 5 proposes to establish ACLs that
are equal to the respective ABC for each management area, since
scientific uncertainty has been accounted for in establishing these
ABCs, and management uncertainty will be accounted for in the
establishment of ACTs for each management area as a proactive AM. Thus,
the Councils determined that there was no technical
[[Page 11740]]
basis for setting the ACLs for each management area below their
respective ABC. In its March 30, 2009, report, the SSC supported the
Councils' ACL recommendation and noted that ``the magnitude of recent
catch has low risk of exceeding the OFL or the proposed interim ABC''
since in 2006, total catch was only 32 percent of the proposed OFL for
the NFMA, and 34 percent of the proposed OFL for the SFMA; and total
catch in 2007 was estimated by the PDT to be 24 percent of the proposed
OFL for the NFMA, and 31 percent of the proposed OFL for the SFMA.
3. Proactive AM
The NS1 guidelines describe AMs as management controls aimed at
preventing the ACL from being exceeded, and to correct or mitigate
overages of the ACL. Amendment 5 proposes both forms of AMs for the
monkfish fishery: A proactive AM in the form of ACTs for each
management area, and a reactive AM in the form of an ACL overage
provision. This section describes the proactive AM.
The proactive AM being proposed in Amendment 5 would establish ACTs
for each management area. The purpose of ACTs is to account for
management uncertainty, as noted in the NS1 guidelines. Rather than
establishing ACTs based on a given formula or control rule, the
Councils developed a range of ACT options for each management area that
were based upon fixed increases from current total allowable landing
(TAL) levels plus discards. This range was narrowed down to two ACT
options for each management area, all of which would result in
increases over current TALs. These options are presented in Table 1.
The discard rates for each management area used in the calculation of
these ACT options were 7.5 percent for the NFMA and 29 percent for the
SFMA.
Table 1--ACT Options for the NFMA and SFMA
----------------------------------------------------------------------------------------------------------------
TAL increase
(percent) TAL (mt) Discards (mt) ACT (mt) Percent of ACL
----------------------------------------------------------------------------------------------------------------
NFMA ACT Option 1............... 50 7,500 563 8,063 46
NFMA ACT Option 2............... 100 10,000 750 10,750 62
SFMA ACT Option 1............... 40 7,140 2,071 9,211 69
SFMA ACT Option 2............... 75 8,925 2,588 11,513 86
----------------------------------------------------------------------------------------------------------------
The Councils selected Option 2 for each management area as their
preferred alternatives. Thus, Amendment 5 proposes an ACT of 10,750 mt
for the NFMA, and 11,513 mt for the SFMA. However, based on the results
of SARC 50, the SSC recently revisited their previous ABC
recommendation at an August 24, 2010, meeting. After much discussion
concerning the uncertainty with the assessment and alternate methods
for calculating ABC to account for this uncertainty, the SSC agreed to
maintain the existing interim ABC approach it previously recommended.
The recalculated ABCs that incorporate the results of SARC 50 would be
7,592 mt for the NFMA, and 12,316 mt for the SFMA. This results in a
revised ABC for the NFMA that is 3,158 mt lower than the NFMA ACT being
recommended by the Councils in Amendment 5, creating an inconsistency
with the recalculated ABC. Conversely, the recalculated ABC for the
SFMA is 803 mt higher than the Council's recommended ACT for that area.
Although this reduces the buffer between the ACT and the ABC/ACL for
the SFMA to only 6.5 percent, it does not create an inconsistency as is
found in the NFMA. In response to the SSC's most recent advice, and the
recalculated ABCs for both management areas based on the results of
SARC 50, the NEFMC initiated Framework Adjustment 7 (Framework 7) at
its September 28-30, 2010, meeting to revise the ACT for the NFMA to be
consistent with the most recent scientific advice, and to incorporate
the results of SARC 50 into the FMP. As a result, NMFS is considering
approving the establishment of a proactive AM in the form of ACTs for
both management areas, but disapproving the specification of the NFMA
ACT in Amendment 5 on the grounds that it is not consistent with the
most recent scientific advice. This would leave the current measures
for the NFMA in place until they are superseded by a revised ACT and
specification of DAS and trip limits under Framework 7, which is
expected to be implemented during the summer of 2011.
The ACTs being considered in Framework 7 are equivalent or slightly
higher than the current TAL for the NFMA. Additionally, NFMA landings
have been well below the TAL for the past 2 years (29 percent in 2008,
and 33 percent in 2009). Thus, NMFS does not expect delaying action on
the establishment of an ACT for the NFMA would result in landings
exceeding the ACTs being considered in Framework 7 during the 2011
fishing year, which begins May 1, 2011.
If this rule is implemented by the start of the 2011 fishing year,
any monkfish landings that occur between May 1, 2011, and the time the
final rule is effective would accrue against the ACT for that year and
be used to trigger AMs.
4. Reactive AM
As noted above, Amendment 5 proposes both forms of AMs referenced
in the NS1 guidelines for the monkfish fishery. With respect to AMs for
when an ACL is exceeded, the NS1 guidelines state, ``On an annual
basis, the Council must determine as soon as possible after the fishing
year if an ACL was exceeded.'' The guidelines go on to state that, ``if
an ACL was exceeded, AMs must be triggered and implemented as soon as
possible to correct the operational issue that caused the ACL overage,
as well as any biological consequences to the stock or stock complex
resulting from the overage when it is known.'' In light of this
requirement, the Councils are recommending in Amendment 5 a reactive AM
that would require the Councils to assess annual catch in relation to
the previous year's ACL once final landings and discard estimates
become available during the following fishing year. If an ACL overage
is determined to have occurred, it would be deducted pound-for-pound
from the ACT. Adjustments to management measures (DAS and trip limits)
would be then developed by the Councils over the course of the year in
which the overage was identified, with the goal of ensuring the revised
ACT is not exceeded. The revised ACT and adjusted management measures
would then be implemented in the second fishing year following the one
in which the overage occurred. For example, if an overage of the 2011
ACL for the NFMA is determined to have occurred upon review of final
2011 landings and discards sometime during the 2012 fishing year, the
Councils would adjust the ACT and develop revised
[[Page 11741]]
management measures for the 2013 fishing year.
If the Councils do not take the required action to account for the
ACL overage as outlined above, the NMFS Northeast Regional
Administrator would take action to adjust the ACT and implement revised
DAS and/or trip limits using a formulaic approach developed by the PDT.
These adjustments would be implemented in accordance with the
requirements of the Administrative Procedure Act and other applicable
law. Notification of the proposed ACL revision and DAS and/or trip
limit adjustments would be published in the Federal Register no later
than January 1, if possible, for implementation on May 1 of the second
fishing year following the fishing year in which the ACL overage
occurred.
5. Specification of DAS and Trip Limits
The Councils considered a range of DAS and trip limit options to
achieve the respective ACT options for each management area. The range
of options consisted of three approaches: Maintain the current DAS
allocation and adjust the trip limit; maintain the current trip limit
and adjust the DAS; or adjust both DAS and trip limits. The DAS and
trip limit options for each ACT option considered by the Councils in
Amendment 5 is presented in Tables 2 and 3 for the NFMA and the SFMA,
respectively. The proposed trip limit for the NFMA under the Category
AC limited access permit group is the same across all three options
(1,250 lb (567 kg)) because it represents the highest reported daily
landing amount reported prior to the implementation of trip limits
during fishing year 2007. Further, the first two DAS and trip limit
options under SFMA ACT Option 1 (i.e., maintaining current DAS (1A) and
maintaining current trip limits (1B)) are identical because this ACT
option, less discards, is equivalent to the current monkfish landings
level for the SFMA. Thus, no change in DAS or trip limits would be
necessary to achieve that ACT, unless one of these variables is
modified (e.g., a reduction in DAS under SFMA Option 1C). The first and
third DAS and trip limit options under SFMA ACT Option 2 are also
identical, since the Councils did not want to include an option with
fewer than 23 DAS for the SFMA.
Table 2--NFMA DAS and Trip Limit Options
----------------------------------------------------------------------------------------------------------------
AC trip limit (tail BD trip limit (tail
NFMA TAC option (mt) NFMA option wt. per DAS) wt. per DAS) DAS
----------------------------------------------------------------------------------------------------------------
8,063........................... 1A.................. 1,250 lb (567 kg).. 700 lb (318 kg).... 31
1B.................. 1,250 lb (567 kg).. 470 lb (213 kg).... 45
1C.................. 1,250 lb (567 kg).. 600 lb (272 kg).... 40
10,750.......................... 2A.................. 1,250 lb (567 kg).. 950 lb (431 kg).... 31
2B.................. 1,250 lb (567 kg).. 470 lb (213 kg).... 51
2C.................. 1,250 lb (567 kg).. 800 lb (363 kg).... 40
----------------------------------------------------------------------------------------------------------------
Table 3--SFMA DAS and Trip Limit Options
----------------------------------------------------------------------------------------------------------------
AC trip limit (tail BD trip limit (tail
SFMA TAC option (mt) NFMA option wt. per DAS) wt. per DAS) DAS
----------------------------------------------------------------------------------------------------------------
9,211........................... 1A.................. 550 lb (249 kg).... 450 lb (204 kg).... 23
1B.................. 550 lb (249 kg).... 450 lb (204 kg).... 23
1C.................. 700 lb (318 kg).... 600 lb (272 kg).... 15
11,513.......................... 2A.................. 700 lb (318 kg).... 600 lb (272 kg).... 23
2B.................. 550 lb (249 kg).... 450 lb (204 kg).... 28
2C.................. 700 lb (318 kg).... 600 lb (272 kg).... 23
----------------------------------------------------------------------------------------------------------------
As stated previously, the Councils selected the highest ACT options
for each management area as their preferred alternatives (10,750 mt and
11,513 mt for the NFMA and SFMA, respectively). In terms of DAS and
trip limits, the Councils selected Option 2C for the NFMA, which would
specify 40 DAS, and trip limits of 1,250 lb (567 kg) tail wt. per DAS
for Category A and C vessels and 800 lb (363 kg) tail wt. per DAS for
Category B and D vessels. For the SFMA, the Councils selected Option 2B
as their preferred alternative, which would specify 28 DAS, and trip
limits of 550 lb (249 kg) tail wt. per DAS for Category A and C vessels
and 450 lb (204 kg) tail wt. per DAS for Category B, D, and H vessels.
The Councils' preferred DAS and trip limit options are, therefore,
those being proposed in Amendment 5.
6. Automatic DAS Adjustment for Trip Limit Overage
Amendment 5 proposes a measure that would allow a limited access
monkfish vessel to land up to the equivalent of one additional day's
worth of its trip limit more than would otherwise be authorized based
on the vessel's actual monkfish DAS usage for that trip. In order to
land the additional fish, this rule proposes to require the vessel to
notify NMFS of the overage via vessel monitoring system (VMS) prior to
crossing the VMS demarcation line, or via phone using the Agency's
interactive voice response (IVR) system at least 1-hour prior to
landing. To account for the day's worth of its trip limit overage, the
monkfish DAS charged to the vessel would be increased to be equivalent
to the next 24-hr period plus one minute. For example, if a limited
access Category C vessel fishing in the SFMA has two monkfish trip
limits worth of fish on board (i.e., 1,100 lb tail wt. (499 kg) or
3,652 lb whole wt. (1,657 kg)), but has only been declared into the
monkfish DAS program for 15 hr, the vessel may land the additional fish
(i.e., the amount of monkfish that exceed what is allowed for 15 hr of
fishing) only if NMFS is properly notified as described above. The
monkfish DAS charged to the vessel would then be adjusted from 15 hr to
24 hr and 1 minute.
In order to effectively implement this provision, NMFS is proposing
that a form be added to the VMS system that a vessel operator would
complete and send to NMFS prior to crossing the VMS demarcation line on
the vessel's return to port. With respect to the call-in notification
requirement recommended by the Councils, NMFS recognizes that
[[Page 11742]]
it may not be feasible for all vessels to provide a call-in
notification via cell phone when outside the VMS demarcation line. As
such, NMFS is proposing a revision to this requirement in this proposed
rule that would require vessels that do not use the VMS notification
requirement to notify NMFS of the trip limit overage by calling into
the IVR system at least 1-hour prior to landing.
7. Authorization to Land Monkfish Heads
Amendment 5 proposes to authorize the landing of monkfish heads
separately from the body in Amendment 5, provided the total weight of
the heads does not exceed 2.32 times the total weight of monkfish tails
on board. Currently, vessels are not allowed to land monkfish heads
separate from the body, since monkfish heads are not an authorized
product form under the regulations implementing the FMP, and there is
no appropriate conversion factor. Recognizing that some individuals are
taking advantage of emerging markets for the heads, the Councils are
recommending that the landing of this new product form be authorized
with an appropriate conversion factor to aid enforcement of the daily
trip limit. The intent of this proposed measure is to clarify that a
vessel cannot land monkfish heads without an appropriate weight of
tails on board.
8. Allow Changes to Monkfish RSA Program via Framework Action
Currently, changes to the Monkfish RSA Program must be made through
an amendment to the FMP. Amendment 5 proposes to allow changes to be
made to this RSA program through a framework adjustment in order to
make necessary improvements to this program in a more timely manner.
This action would not preclude the Councils from conducting the
necessary environmental analysis under the National Environmental
Policy Act (NEPA), and complying with other applicable laws when
developing a framework adjustment for this purpose.
9. Technical Amendments
This proposed rule also includes a technical amendment that would
adjust the conversion factor for whole monkfish to reflect how monkfish
are actually landed, i.e., head on and gutted. The current tail-to-
whole-weight conversion factor for monkfish is 3.32. However, this
constitutes the live weight of monkfish, and does not reflect that
monkfish are actually landed in head-on and gutted form. A more
accurate tail-to-whole-weight (landed) conversion factor is 2.91, which
reflects the conversion to a monkfish that still has its head attached,
but its guts removed. This technical correction to the conversion
factor would result in a reduction in the whole-weight equivalent trip
limit, but not to the tail-weight trip limit, which is the value
recommended by the Councils. Additionally, this would change the
monkfish heads conversion factor proposed by the Council from 2.32 to
1.91 to be consistent with this corrected conversion factor.
In addition to the above technical amendment, this rule would also
remove the letter of authorization (LOA) requirement for vessels
fishing in the NFMA with a VMS unit found under Sec.
648.92(b)(1)(iii), since this requirement was removed from the general
area declaration requirements found at Sec. 648.94(f) in the final
rule implementing Framework Adjustment 5 to the Monkfish FMP (73 FR
22831; April 28, 2008).
This rule also would also clarify the meeting requirements for
framework adjustments with respect to this joint FMP to reflect that
one framework meeting must be held with each Council, versus one
framework meeting overall.
Finally, this rule would update the specification and framework
adjustment processes for the Monkfish FMP to include procedures for
specifying ACLs and AMs.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with the Monkfish FMP, Amendment 5,
other provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
Pursuant to Executive Order 12866, the Office of Management and
Budget has determined that this proposed rule is not significant.
A notice of availability (NOA) for Amendment 5 was published on
February 1, 2011. Public comments are being solicited on the amendment
through the end of the comment period on April 4, 2011. Public comments
on the proposed rule must be received by the end of the comment period
on the amendment, as published in the NOA, to be considered in the
decision to approve or disapprove the amendment. All comments received
by the end of the comment period on the amendment, whether specifically
directed to the amendment or the proposed rule, will be considered in
the approval/disapproval decision. Comments received after that date
will not be considered in the approval/disapproval decision on the
amendment, but may be considered in the development of the final rule.
To be considered, comments must be received by close of business on the
last day of the comment period; that does not mean postmarked or
otherwise transmitted by that date.
The NEFMC prepared an EA for Amendment 5 to the Monkfish FMP that
discusses the impact on the environment as a result of this rule. A
copy of the EA is available from the Council (see ADDRESSES).
An IRFA has been prepared, as required by section 603 of the
Regulatory Flexibility Act (RFA), and consists of the draft IRFA in
Amendment 5, this preamble, and the following summary. The IRFA
describes the economic impacts this proposed rule, if adopted, would
have on small entities. A description of the action, why it is being
considered, and the legal basis for this action are contained at the
beginning of this section in the preamble and in the SUMMARY section of
the preamble. A summary of the analysis follows. A copy of this
analysis is available from the NEFMC (see ADDRESSES).
All of the entities (fishing vessels) affected by this action are
considered small entities under the Small Business Administration size
standards for small fishing businesses ($4.0 million in annual gross
sales). Information on costs in the fishery is not readily available
and individual vessel profitability cannot be determined directly;
therefore, expected changes in gross revenues were used as a proxy for
profitability.
This proposed rule does not duplicate, overlap, or conflict with
other Federal rules.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
The management measures proposed in Amendment 5 have the potential
to affect all Federally permitted monkfish vessels that are actively
participating in the fishery. As of September 2009, there were 758
limited access monkfish permit holders and 2,156 open access permit
holders. Of these, 573 limited access permit holders (76 percent)
actively participated in the monkfish fishery during the 2008 fishing
year, while only 504 open access permit holders (23 percent) actively
participated in the fishery during this time period. Thus, this action
is
[[Page 11743]]
expected to impact at least 1,077 currently active monkfish permit
holders.
Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives
1. Biological and Management Reference Point Alternatives
The proposed action to change the biological and management
reference points in the Monkfish FMP (MSY, OY, OFL, and ABC) will have
no immediate impact on vessels, since these changes do not directly
change any management measures or modify vessel level aspects of the
Monkfish FMP. However, the establishment of new reference points that
are consistent with NS1 guidance would allow for better monitoring and
management of the monkfish fishery, potentially resulting in positive
effects on vessels in the future. The no action alternative would
maintain the existing biological and management reference points in the
Monkfish FMP. As a result, taking no action would result in no
additional economic impacts beyond those identified in earlier actions
affecting this fishery.
2. ACL and AM Alternatives
The Councils' preferred alternative to set the ACL equivalent to
the ABC has no direct effect on vessels, since the level of fishing
would be set by the establishment of an ACT as a proactive AM.
Scientific uncertainty is accounted for in the ACL, while the ACT
accounts for management uncertainty. Thus, if scientific uncertainty
can be reduced in the future, it would lead to a higher ACL, and
possibly a higher ACT as a consequence. A higher ACT would then result
in greater revenue opportunities for vessels.
The no action alternative would not establish ACLs or AMs for the
monkfish fishery, and would be inconsistent with the Magnuson-Stevens
Act and NS1 Guidelines. Although there is likely no direct economic
effect of taking no action, it could have a negative economic impact if
the long-term sustainability of the monkfish fishery were affected by
not establishing ACLs or AMs.
The purpose of establishing an ACT as a proactive AM is to account
for management uncertainty in the ability of management measures in the
Monkfish FMP (mainly DAS and trip limits) to limit catch to the
prescribed level. The buffer between the ACL and the ACT represents
this management uncertainty, and is intended to prevent overfishing
from occurring in the event management measures to limit catch are not
entirely successful. Since the ACT incorporates discards, actions that
reduce discards or management uncertainty would allow for the
establishment of an ACT that is closer to the ACL, resulting in higher
monkfish revenues and benefits to vessels, but only if the allocation
is actually landed versus discarded or left uncaught.
The preferred alternative for the SFMA (Option 2) would set the ACT
at 11,513 mt, or 86 percent of the SFMA ACL. In fishing year 2008,
monkfish landings exceeded the TAL by 32 percent, suggesting that some
of the additional benefits from increased monkfish revenues under the
preferred alternative area already being realized in the SFMA. Based on
2008 landings data, the proposed SFMA ACT would increase landings by 40
percent, while Option 1 would maintain landings at existing levels.
Thus, the preferred alternative would increase monkfish revenues for
vessels beyond those already being realized, while Option 1 would
retain revenues at or marginally above current levels.
The preferred alternative for the NFMA (Option 2) would set the ACT
at 10,750 mt, or 61 percent of the ACL. Although the proposed NFMA ACT
could result in landings that are twice the current TAL for the NFMA
(5,000 mt), it may not result in higher monkfish revenues since fishing
year 2008 landings were 29 percent below the TAL. Thus, the preferred
option may have a similar impact on monkfish revenues as the non-
preferred Option 1 of 7,500 mt if the proposed increase in landings is
not realized.
Actual quantification of the economic impacts of the proposed ACTs
requires specification of management measures, in the form of DAS and
trip limits, to achieve the proposed ACT levels. A modified trip limit
model was utilized to assess the impact of the DAS and trip limit
options, under each ACT option, on monkfish revenues. The model is
different from models used for prior monkfish actions in that it
accounts for potential impacts on monkfish trips (higher retention and
additional trips) resulting from increases in DAS and trip limits, as
is being proposed in Amendment 5. The previous model focused on the
impacts to monkfish trips resulting from reduced DAS and trip limits,
which was generally the case with prior monkfish management actions.
The trip limit model was used to assess the impacts on monkfish
revenues of the proposed DAS and trip limit options on vessels fishing
in only the NFMA, only in the SFMA, and in both management areas. For
vessels fishing only in the NFMA (see Table 2), the trip limit model
predicts that under the proposed DAS and trip limit options for the
NFMA, per trip average vessel return would increase from 0.2 percent
under NFMA Option 1A to 2.2 percent under NFMA Option 2B, while average
crew payment would increase from 0.5 percent under NFMA Option 1A to
1.8 percent under NFMA Option 2B. The potential increase in total
monkfish revenue ranges from 0.8 percent to 24.5 percent under the
proposed options. The preferred alternative (Option 2C) would lead to a
0.8-percent increase in per trip average vessel return, a 1.2-percent
increase in average crew payment, and an 11-percent increase in total
monkfish revenue. This alternative represents a combination of
increased trip limits and DAS. However, the maximum benefit (i.e.,
greatest overall increase in average vessel return, average crew
payment, and total monkfish revenue) would likely result from Option
2B, which would maintain the current NFMA trip limits, but increase the
DAS.
For the SFMA, the trip limit model indicates that mixed impacts
would occur on average vessel return, average crew payment, and total
monkfish revenue. The SFMA DAS and trip limit options (see Table 3)
that result in no changes from current measures (ACT Option 1 combined
with DAS and trip limit options 1A or 1B) would result in no changes to
any of these parameters. However, DAS and trip limit Option 1C under
ACT Option 1 would result in a negative impact on vessels (-1 percent),
crew (-1.4 percent), and monkfish revenue (-20 percent). Conversely,
the preferred alternative (SFMA ACT Option 2 combined with DAS and trip
limit Option 2B) would result in the maximum benefit, having a neutral
impact on average vessel return, a 0.7-percent increase in average crew
payment, and a 32-percent increase in total monkfish revenue. This
option retains the current trip limits currently in effect for the
SFMA, but increases the DAS. DAS and trip limit options 2A and 2B would
have a similar positive impact on average vessel return and average
crew payment (0.5-percent increase and a 0.7-percent increase,
respectively), but a much smaller positive impact on total monkfish
revenues (7.9 percent) in comparison to the preferred alternative.
These identical alternatives would maintain the SFMA DAS allocation at
the current level, but increase the trip limits. Thus, it is apparent
that increasing DAS has a more favorable impact on all three
[[Page 11744]]
parameters, particularly total monkfish revenue, than increasing trip
limits.
Vessels that fish in both management areas will be simultaneously
affected by the DAS and trip limit options selected for each area.
Although vessels that fish in both the NFMA and the SFMA may be more
likely to change fishing locations than those that fish solely in one
area, the trip limit model assumes that these vessels will continue to
fish in the same locations. The results of the trip limit model
indicate that there is no single combination of DAS and trip limit
options for both management areas that would lead to a best outcome in
terms of impact on all three parameters. The largest increase in
monkfish revenue is realized under the preferred option for the SFMA
combined with the DAS and trip limit Option 2C for the NFMA (same trip
limits but increased DAS). However, this combination of options would
result in a slight decrease in both average vessel return (1 percent)
and average crew payment (0.9 percent). The combined preferred
alternatives for each management area would result in a 17.9-percent
increase to total monkfish revenue, but with a 1.3-percent decrease in
average vessel return and average crew payment.
In terms of a reactive AM, the Councils' preferred alternative
would reduce the ACT for a management area in the second year following
the year in which an ACL overage occurred, and then adjust the DAS and
trip limits to account for the reduced ACT. Harvesting additional
monkfish in excess of the ACL would result in immediate short-term
revenue increases for those vessels that harvested more than they would
have if the ACL had not been exceeded (i.e., those vessels that
directly contributed to the ACL overage). However, this gain would be
partly lost due to a reduction in the fishing opportunities 2 years
later. If the resulting reduction in DAS and trip limits affected all
vessels equally, the negative impact would be less severe on those
vessels that benefited from the overage. It is also possible that
exceeding the ACL would result in longer term impacts on the stock that
could lead to further future economic losses to changes in stock size
that require more restrictive management measures. Thus, the
implementation of the proposed reactive AM, in comparison to the non-
preferred alternative of taking no action, would help prevent such
long-term losses that may potentially occur as a result of unforeseen
ACL overages.
3. Automatic DAS Adjustment for Trip Limit Overage Alternatives
The Councils' preferred alternative is to allow the amount of DAS a
vessel is charged to be adjusted to account for a 1-day overage of the
trip limit, in comparison to taking no action. Additionally, they
selected 24 hr and 1 minute as the preferred option (Option 3) for
adjusting a vessel's DAS usage, which reflects the current practice of
many vessels. From an economic perspective, any action that allows a
vessel to retain more catch without staying out at sea or returning to
sea results in an increase in revenues without an increase in costs.
Thus, vessel profits are higher. As a result, the preferred alternative
provides the greatest benefit to vessels in comparison to the non-
preferred alternative of taking no action, and in comparison to the
other DAS charging options, since it allows vessels to make fewer trips
to retain the same amount of monkfish that they would under the current
fishing practice, and utilize the same amount of DAS.
4. Alternatives To Allow Changes to the Monkfish RSA Program
The Councils' preferred alternative is to allow changes to the
Monkfish RSA Program through a framework adjustment. This is an
administrative change affecting only the procedures that may be used by
the Councils to implement changes to the Monkfish RSA Program. As such,
there are no direct costs to regulated entities associated with the
preferred alternative and the non-preferred no action alternative.
However, the preferred alternative would provide increased flexibility,
in comparison to the non-preferred no action alternative, to the
Councils in terms of modifying the Monkfish RSA Program to address
needs and issues as they arise.
5. Alternatives To Allow the Landing of Monkfish Heads
The Councils' preferred alternative would allow fishermen to land
unattached monkfish heads up to 2.32 times the weight of tails on
board. In comparison to the non-preferred no action alternative, the
proposed action would allow the conversion of ``waste'' that was
previously discarded to be converted to a product that could either
generate additional revenues or be used by fishermen to offset costs
from purchasing bait. Both of these scenarios would provide an economic
benefit to monkfish fishermen while allowing for better utilization of
the resource. Conversely, the no action alternative would result in no
economic effects since it would maintain the status quo.
This proposed rule contains a collection-of-information requirement
subject to review and approval by OMB under the Paperwork Reduction Act
(PRA). This requirement has been submitted to OMB for approval. This
action would add a new reporting element to the VMS and IVR reporting
requirements authorized under OMB Control Number 0648-0202 at the end
of a vessel's trip. The purpose of this new reporting requirement is to
allow limited access monkfish vessels to land one additional monkfish
trip limit and have their DAS allocation charged accordingly to account
for the additional trip limit. Public reporting burden for the monkfish
trip limit overage notification requirement is estimated to average 30
seconds per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection information. These
30 seconds are included within the total 2-minute estimated response
time for the call-in notification requirement, but would be additional
for vessels using the VMS procedure. Furthermore, the proposed action
is expected to reduce the total number of monkfish trips for vessels
that take advantage of this new measure since they would be using their
monkfish DAS at a higher rate in exchange for being able to land more
monkfish on a given trip. As such, although this action adds a new
reporting requirement, it would not change the overall reporting burden
associated with the existing VMS and call-in notification requirements
authorized under OMB Control Number 0648-0202.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information shall
have practical utility; the accuracy of the burden estimate; ways to
enhance the quality, utility, and clarity of the information to be
collected; and ways to minimize the burden of the collection of
information, including through the use of automated collection
techniques or other forms of information technology. Send comments on
these or any other aspects of the collection of information to the
Regional Administrator at the ADDRESSES above and to OMB by e-mail at
OIRA_Submission@omb.eop.gov, or fax to (202) 395-7285. Notwithstanding
any other provision of the law, no person is required to respond to,
and no person
[[Page 11745]]
shall be subject to penalty for failure to comply with, a collection of
information subject to the requirements of the PRA, unless that
collection of information displays a currently valid OMB control
number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: February 25, 2011.
John Oliver,
Deputy Assistant Administrator for Operations, 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. 648.4, paragraph (a)(9)(i)(N)(3) is revised and
paragraph (a)(9)(ii) is added to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(9) * * *
(i) * * *
(N) * * *
(3) Status of vessels pending appeal. A vessel denied a limited
access monkfish Category G or H permit may fish under the monkfish DAS
program, provided that the denial has been appealed, the appeal is
pending, and the vessel has on board a valid letter from the Regional
Administrator authorizing the vessel to fish under the monkfish DAS
program. The letter of authorization must be carried on board the
vessel. A vessel with such a letter of authorization shall not exceed
the annual allocation of monkfish DAS as specified in Sec.
648.92(b)(1) and must report the use of monkfish DAS according to the
provisions of Sec. 648.10. If the appeal is finally denied, the
Regional Administrator shall send a notice of final denial to the
vessel owner; the letter authorizing temporary participation in the
monkfish fishery shall become invalid 5 days after receipt of the
notice of denial, but no later than 10 days from the date of the denial
letter. If the appeal is approved, any DAS used during pendency of the
appeal shall be deducted from the vessel's annual allocation of
monkfish DAS for that fishing year.
(ii) Monkfish incidental catch vessels (Category E). A vessel of
the United States that is subject to these regulations and that has not
been issued a limited access monkfish permit under paragraph
(a)(9)(i)(A) of this section is eligible for and may be issued a
monkfish incidental catch (Category E) permit to fish for, possess, or
land monkfish subject to the restrictions in Sec. 648.94(c).
* * * * *
3. In Sec. 648.92, paragraphs (b)(1) and (b)(2)(i) are revised and
paragraph (b)(10) is added to read as follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(b) * * *
(1) Limited access monkfish permit holders--(i) General provision.
Limited access monkfish permit holders shall be allocated 40 monkfish
DAS each fishing year to be used in accordance with the restrictions of
this paragraph (b), unless otherwise restricted by paragraph (b)(1)(ii)
of this section or modified by Sec. 648.96(b)(3), or unless the vessel
is enrolled in the Offshore Fishery Program in the SFMA, as specified
in paragraph (b)(1)(iv) of this section. The annual allocation of
monkfish DAS shall be reduced by the amount calculated in paragraph
(b)(1)(v) of this section for the research DAS set-aside. Limited
access NE multispecies and limited access sea scallop permit holders
who also possess a limited access monkfish permit must use a NE
multispecies or sea scallop DAS concurrently with each monkfish DAS
utilized, except as provided in paragraph (b)(2) of this section,
unless otherwise specified under this subpart F.
(ii) DAS restrictions for vessels fishing in the SFMA. Limited
access monkfish vessels may only use 28 of their 40 monkfish DAS
allocation in the SFMA. All limited access monkfish vessels fishing in
the SFMA must declare that they are fishing in this area through the
vessel call-in system or VMS prior to the start of every trip. In
addition, if a vessel does not possess a valid letter of authorization
from the Regional Administrator to fish in the NFMA as described in
Sec. 648.94(f), NMFS shall presume that any monkfish DAS used were
fished in the SFMA.
(iii) DAS declaration provision for vessels fishing in the NFMA
with a VMS unit. Any limited access NE multispecies vessel fishing
under a NE multispecies Category A DAS in the NFMA may change its DAS
declaration to a monkfish DAS through the vessel's VMS unit during the
course of the trip, but prior to crossing the VMS demarcation line upon
its return to port or leaving the NFMA, if the vessel exceeds the
incidental catch limit specified under Sec. 648.94(c).
(A) Vessels that change their DAS declaration from a NE
multispecies Category A DAS to a monkfish DAS during the course of a
trip remain subject to the NE multispecies DAS usage requirements
(i.e., use a NE multispecies Category A DAS in conjunction with the
monkfish DAS) described in paragraph (b)(2)(i) of this section.
(B) Gillnet vessels that change their DAS declaration in accordance
with this paragraph (b)(1)(iii) are not subject to the gillnet minimum
mesh size restrictions found at Sec. 648.91(c)(1)(iii), but are
subject to the smaller NE multispecies minimum mesh requirements for
gillnet vessels found under Sec. 648.80 based upon the NE Multispecies
Regulated Mesh Area in which the vessel is fishing.
(iv) Offshore Fishery Program DAS allocation. A vessel issued a
Category F permit, as described in Sec. 648.95, shall be allocated a
prorated number of monkfish DAS as specified in Sec. 648.95(g)(2).
(v) Research DAS set-aside. A total of 500 DAS shall be set aside
and made available for cooperative research programs as described in
paragraph (c) of this section. These DAS shall be deducted from the
total number of DAS allocated to all monkfish limited access permit
holders, as specified under paragraph (b)(1)(i) of this section. A per
vessel deduction shall be determined as follows: Allocated DAS minus
the quotient of 500 DAS divided by the total number of limited access
permits issued in the previous fishing year. For example, if the DAS
allocation equals 40 DAS and there were 750 limited access monkfish
permits issued during FY2010, the number of DAS allocated to each
vessel during FY2011 would be 40 DAS minus 0.7 (500 DAS divided by 750
permits), or 39.3 DAS.
(2) Category C, D, F, G, or H limited access monkfish permit
holders. (i) Unless otherwise specified in paragraph (b)(2)(ii) of this
section, each monkfish DAS used by a limited access NE multispecies or
scallop DAS vessel holding a Category C, D, F, G, or H limited access
monkfish permit shall also be counted as a NE multispecies or scallop
DAS, as applicable, except when a Category C, D, F, G, or H vessel with
a limited access NE multispecies DAS permit has an allocation of NE
multispecies Category A DAS, specified under Sec. 648.82(d)(1), that
is less than the number of monkfish DAS allocated for the fishing year
May 1 through April 30. Under this circumstance, the vessel may fish
under the monkfish limited access Category A or B provisions, as
applicable, for the number of DAS that
[[Page 11746]]
equal the difference between the number of its allocated monkfish DAS
and the number of its allocated NE multispecies Category A DAS. For
such vessels, when the total allocation of NE multispecies Category A
DAS has been used, a monkfish DAS may be used without concurrent use of
a NE multispecies DAS, provided that the vessel fishes under the
regulations pertaining to a Category B vessel and does not retain any
regulated NE multispecies. For example, if a monkfish Category D
vessel's NE multispecies Category A DAS allocation is 10, and the
vessel fished 10 of its 40 monkfish DAS, 10 NE multispecies Category A
DAS would also be used. However, after all 10 NE multispecies Category
A DAS are used, the vessel may utilize its remaining 30 monkfish DAS to
fish for monkfish, without a NE multispecies DAS being used. A vessel
holding a Category C, D, F, G, or H limited access monkfish permit may
not use a NE multispecies Category B Regular DAS under the NE
Multispecies Regular B DAS Program, as specified under Sec.
648.85(b)(6), in order to satisfy the requirement of this paragraph
(b)(2)(i) to use a NE multispecies DAS concurrently with a monkfish
DAS.
* * * * *
(10) DAS Adjustment for Trip Limit Overage. Any limited access
monkfish vessel fishing on a monkfish DAS may land up to the equivalent
of one additional day's worth of its trip limit (i.e., amount of
monkfish authorized per DAS) than would otherwise be authorized,
provided the vessel, vessel owner, or vessel operator notifies the
Regional Administrator of the overage via VMS prior to crossing the VMS
demarcation line. If the vessel is not equipped with an operable VMS,
the vessel, vessel operator, or owner may notify the Regional
Administrator via the call-in system at least 1-hour prior to landing.
The monkfish DAS charged to the vessel will then be increased to equal
a full 24-hr period plus one minute to account for the trip limit
overage. For example, if a vessel has the equivalent of two monkfish
DAS trip limits (based on its permit category) on board, but has only
been declared into the monkfish DAS program for 15 hr, the vessel,
vessel owner, or vessel operator may land fish equal to the two DAS
trip limits only if he/she notifies the Regional Administrator of the
overage via VMS or the call-in system as described above. In this case,
the monkfish DAS charged to the vessel would be adjusted from 15 hr to
24 hr and 1 minute.
* * * * *
3. In Sec. 648.94, paragraphs (a), (b)(1), (b)(2)(i) and (ii),
(b)(3)(ii)(A), (b)(4), (c)(1) through (c)(8), and (d)(2) are revised to
read as follows:
Sec. 648.94 Monkfish possession and landing restrictions.
(a) General. Monkfish may be possessed or landed either as heads
only, tails only, or in whole form (head on and gutted), or any
combination of the three. When any combination of heads, tails, and
whole fish are possessed or landed, the possession or landing limit for
monkfish shall be based on the tail weight limit applicable to that
vessel where all whole monkfish (head on and gutted) are converted to
tail weight using the conversion factor of 2.91. For example, whole
weight is converted to tail weight by dividing the whole weight by
2.91. Conversely, tail weight is converted to whole weight by
multiplying the tail weight by 2.91. The possession or landing limit
for monkfish heads shall not exceed 1.91 times the tail weight of fish
on board, excluding any whole monkfish. The allowed amount of head
weight is determined by multiplying the tail weight by 1.91. For
example a vessel possessing 100 lb of tail weight may possess an
additional 191 lb of monkfish heads (100 x 1.91 = 191). A vessel may