Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 7, 66192-66195 [2011-27723]
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66192
Federal Register / Vol. 76, No. 207 / Wednesday, October 26, 2011 / Rules and Regulations
application against drug-resistant
bacteria. Journal of Chemical Technology
and Biotechnology 76:689–699.
22. U.S. EPA. 2011. Bacteriophage of
Clavibacter michiganensis subsp.
michiganensis—AgriPhage CMM.
Memorandum from J.V. Gagliardi, Ph.D.
to A. Gross dated June 30, 2011.
23. U.S. EPA. 2011. Bacteriophage of
Clavibacter michiganensis subspecies
michiganensis Biopesticides Registration
Action Document dated August 25, 2011
(available as ‘‘Supporting & Related
Material’’ with docket ID number EPA–
HQ–OPP2009–0539 at https://www.
regulations.gov).
24. Atterbury RJ, Connerton PL, Dodd CER,
Rees CED, Connerton IF. 2003. Isolation
and characterization of Campylobacter
bacteriophages from retail poultry.
Applied and Environmental
Microbiology 69:4511–4518.
25. Gautier M, Rouault A, Sommer P,
Briandet R. 1995. Occurrence of
Propionibacterium freudenreichii
bacteriophages in swiss cheese. Applied
and Environmental Microbiology
61:2572–2576.
26. Greer GG. 2005. Bacteriophage control of
foodborne bacteria. Journal of Food
Protection 68:1102–1111.
27. Whitman PA, Marshall RT. 1971.
Isolation of psychrophilic
bacteriophagehost systems from
refrigerated food products. Applied
Microbiology 22:220–223.
28. El-Abagy MM, Dutka BJ, Kamel M. 1988.
Incidence of coliphage in potable water
supplies. Applied and Environmental
Microbiology 54:1632–1633.
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X. Statutory and Executive Order
Reviews
This final rule establishes a tolerance
exemption under section 408(d) of
FFDCA in response to a petition
submitted to EPA. The Office of
Management and Budget (OMB) has
exempted these types of actions from
review under Executive Order 12866,
entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
Because this final rule has been
exempted from review under Executive
Order 12866, this final rule is not
subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001), or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special
considerations under Executive Order
12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
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Populations (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance exemption in this final
rule, do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes.
As a result, this action does not alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
EPA has determined that this action will
not have a substantial direct effect on
States or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, EPA has determined that
Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999), and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000), do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4).
This action does not involve any
technical standards that would require
EPA consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
XI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
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List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: September 30, 2011.
Steven Bradbury,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.1307 is added to
subpart D to read as follows:
■
§ 180.1307 Bacteriophage of Clavibacter
michiganensis subspecies michiganensis;
exemption from the requirement of a
tolerance.
An exemption from the requirement
of a tolerance is established for residues
of lytic bacteriophage of Clavibacter
michiganensis subspecies
michiganensis produced in Clavibacter
michiganensis subspecies
michiganensis in or on tomato when
applied as a bactericide in accordance
with good agricultural practices.
[FR Doc. 2011–27042 Filed 10–25–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 101119575–1554–02]
RIN 0648–BA46
Fisheries of the Northeastern United
States; Monkfish; Framework
Adjustment 7
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
measures that were approved in
Framework Adjustment 7 to the
Monkfish Fishery Management Plan.
The New England Fishery Management
Council and Mid-Atlantic Fishery
Management Council developed
Framework Adjustment 7 to adjust the
annual catch target for the Northern
Fishery Management Area to be
consistent with the most recent
SUMMARY:
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scientific advice regarding the
acceptable biological catch for
monkfish. The New England Council’s
Scientific and Statistical Committee
recommended a revision to the
acceptable biological catch based on
information from the 50th Northeast
Regional Stock Assessment Review
Committee. Framework Adjustment 7
specifies a new days-at-sea allocation
and trip limits for the Northern Fishery
Management Area consistent with the
new annual catch target, and establishes
revised biomass reference points for the
Northern and Southern Fishery
Management Areas.
DATES: This rule is effective October 26,
2011.
ADDRESSES: An environmental
assessment (EA) was prepared for
Framework Adjustment 7 (Framework
7) that describes the proposed action
and other alternatives considered, and
provides an analysis of the impacts of
the proposed measures and alternatives.
Copies of Framework 7, 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.
FOR FURTHER INFORMATION CONTACT:
Jason Berthiaume, Fisheries
Management Specialist, (978) 281–9177;
fax: (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly
managed by the New England and MidAtlantic Fishery Management Councils
(Councils), with the New England
Council having the administrative lead.
The fishery extends from Maine to
North Carolina, and is divided into two
management units: The Northern
Fishery Management Area (NFMA) and
the Southern Fishery Management Area
(SFMA). Details on the background and
need for Amendment 5 and this
framework are contained in the
amendment and the preambles for the
proposed (76 FR 11737; March 3, 2011)
and final rules (76 FR 30265; May 25,
2011) for Amendment 5, and are not
repeated here.
Amendment 5, which was partially
approved by NMFS on April 28, 2011,
was intended to bring the Monkfish
Fishery Management Plan (FMP) into
compliance with the requirements of the
reauthorized Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). The
Magnuson-Stevens Act requires that all
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FMPs contain annual catch limits (ACL)
to prevent overfishing, and measures to
ensure accountability. Among other
measures, Amendment 5 implemented
accountability measures (AMs) and
ACLs, established biological and
management reference points and
control rules, and specified an annual
catch target (ACT), days-at-sea (DAS),
and trip limits for the SFMA.
However, NMFS disapproved the
proposed ACT for the NFMA in
Amendment 5, and specification of DAS
and trip limits to achieve that ACT.
Amendment 5 proposed an ACT for the
NFMA of 10,750 mt, an allocation of 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 based
on the 2007 Data Poor Working Group
(DPWG) Assessment, which was
considered to be the best scientific
information available at the time the
Amendment 5 document was finalized
by the Councils. Subsequent to the
Councils taking final action on
Amendment 5, a 2010 stock assessment
(50th Northeast Regional Stock
Assessment Review Committee (SARC
50)) became available, which revealed
new scientific information that, when
included in the Councils’ interim
acceptable biological catch (ABC)
approach, reduced the monkfish NFMA
ABC. In response to the new
assessment, the New England Council’s
Scientific and Statistical Committee
(SSC) revisited its previous ABC
recommendation at a meeting in August
2010. The SSC, after much discussion
concerning the uncertainty with the
new assessment and alternate methods
for calculating ABC to account for this
uncertainty, agreed to maintain the
existing interim ABC approach it
previously recommended. Using this
interim ABC approach, the SSC
recalculated the recommended ABC in
Amendment 5 to incorporate the results
of SARC 50. Based on the recalculation
of the ABCs, the SFMA’s ACT and
associated DAS and trip limit measures
were found to still be consistent with
the new ABC and ACL, and they were
approved by NMFS in Amendment 5.
The recalculated ABC for the NFMA, on
the other hand, was reduced from
10,750 mt to 7,592 mt, creating an
inconsistency with the Amendment 5
recommended ABC, ACT, and
associated NFMA DAS and trip limit
measures. Based on this inconsistency,
NMFS disapproved the Amendment 5
proposed specifications for the NFMA.
This disapproval left current
measures in effect for the NFMA until
superseded by a revised ACT and
specification of DAS and trip limits
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66193
which is the purpose of this action.
Because it was too late for the Councils
to revise the Amendment 5 NFMA
measures in a timely fashion for fishing
year (FY) 2011, the Councils initiated
Framework 7 in September 2010 to
revise the ACT for the NFMA to be
consistent with the most recent
scientific advice. Leaving the current
measures in place was considered an
acceptable interim measure because
they are more conservative than
measures being implemented by this
framework. This framework reconfirms
the SFMA ABC and associated
specifications and management
measures that were approved and
implemented through Amendment 5.
This framework also updates the
biomass reference points in the
Monkfish FMP to be consistent with the
results of SARC 50.
Approved Measures
1. ACT
Framework 7 reduces the ACT for the
NFMA to be consistent with the most
recent scientific advice regarding the
monkfish NFMA ABC. The SSC
recommended a reduction of the NFMA
ABC, based on SARC 50, to 7,592 mt.
The ACT being implemented in this
final rule is 86.5 percent of the ABC, or
6,567 mt. The ACT for the NFMA being
implemented is slightly higher than the
current total allowable landings (TAL)
for the NFMA. Any landings that occur
between when Amendment 5 was
implemented on May 25, 2011, and the
effective date of this final rule will be
counted against the ACT for the current
FY and will be used to determine
whether AMs are triggered.
2. Specification of DAS and Trip Limits
The DAS allocations and trip limits
implemented in this action are
calculated to achieve, but not go over,
the ACT. The trip limits for the NFMA
for permit categories A and C will be
1,250 lb (567 kg) tail weight, and 600 lb
(272 kg) tail weight for permit categories
B and D, with all categories having an
initial DAS allocation of 40 DAS. After
accounting for the Monkfish Research
Set-Aside (RSA) program, the final
allocation is 39.3 DAS.
3. Revision to Biological Reference
Points
This action revises the biological
reference points in the Monkfish FMP to
be consistent with those recommended
by the SSC and SARC 50. In the SARC
50 report, the Southern Demersal
Working Group recommended an
approach that would set biomass target
reference points based on the long-term
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projected biomass (B) corresponding to
the fishing mortality rate (F) at
maximum sustainable yield, or its
proxy, which for monkfish is Fmax. This
recommendation, along with the
recommendation to set B threshold
reference points at one-half of the target,
is consistent with National Standard 1.
The Btarget under this recommendation is
52,930 mt for the NFMA and 74,490 mt
for the SFMA, and Bthreshold of 26,465 mt
for the NFMA and 37,245 mt for the
SFMA.
Comments and Responses
The public comment period for the
proposed rule ended on September 6,
2011. One comment was received.
Comment 1: The commenter
suggested that all fishery quotas should
be cut, based on the notion that coastal
hypoxia was not considered when
developing Framework 7.
Response: The commenter discussed
coastal hypoxia at length, but did not
explain how it relates to this rule and
there is no known scientific basis for the
commenter’s suggestion. The reasons
presented by the Council and NMFS for
recommending the monkfish measures
in this Framework are based on the best
scientific information available, and are
discussed in the preambles to both the
proposed and final rule.
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Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has made a
determination that this final rule is
consistent with the Monkfish FMP,
Framework 7, other provisions of the
Magnuson-Stevens Act, and other
applicable laws.
Pursuant to the APA, 5 U.S.C.
553(d)(1), NMFS finds good cause to
waive the 30-day delay in effectiveness
of this rule. This final rule implements
measures that are less restrictive than
current regulations by increasing
monkfish DAS allocations and trip
limits for permit category B and D
vessels in the NFMA. The increase in
the DAS allocations and trip limits
being implemented by this action are
measures that were intended to be
implemented with Amendment 5 on
May 1, 2011 (start of the 2011 FY).
However, while Amendment 5 was
being finalized, new scientific
information became available which
resulted in the disapproval of the
measures in Amendment 5 that modify
the NFMA DAS and trip limits.
Therefore, this action was adopted to
implement less restrictive DAS and trip
limits that were disapproved in
Amendment 5.
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Moreover, the monkfish fishery is a
seasonal fishery, with the majority of
the fishing activity occurring in the
spring and fall. Waiving the 30-day
delay in effectiveness of this rule will
allow vessels to immediately utilize the
additional DAS and trip limits for a
greater portion of the fall fishery than if
the current and more restrictive
regulations were in place for the 30-day
delay in effectiveness period.
Specifically, some vessels have already
exhausted their DAS. Waiving the 30day delayed effectiveness will provide
more opportunities for these vessels to
continue fishing in the fall fishery. A
delay in effectiveness could result in
unnecessary short-term adverse
economic impacts to monkfish vessels
and associated shoreside facilities and
fishing communities. Lastly, in the
recent past, the monkfish fishery has not
been able to utilize its full ACT. It is
expected that, with increased DAS
allocation and trip limits being
implemented with this action, the
monkfish fishery will be able to more
effectively utilize the ACT. Thus, a
delay in effectiveness would be contrary
to achieving optimum yield in the
monkfish fishery, thereby undermining
the purpose of this rulemaking.
The Office of Management and Budget
has determined that this rule is not
significant for purposes of Executive
Order 12866.
The New England Council prepared
an EA for Framework 7 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).
NMFS, pursuant to section 604 of the
Regulatory Flexibility Act (RFA), has
prepared a Final Regulatory Flexibility
Analysis (FRFA) in support of
Framework 7. The FRFA incorporates
the IRFA, relevant analyses contained in
the Framework and its EA, and a
summary of the analyses completed to
support the action in this rule. A copy
of the analyses done in the Framework
and EA is available from the Councils
(see ADDRESSES). A summary of the
IRFA was published in the proposed
rule for this action and is not repeated
here. A description of why this action
was considered, the objectives of, and
the legal basis for this rule is contained
in the preamble to the proposed rule
and this final rule and is not repeated
here.
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A Summary of the Significant Issues
Raised by the Public in Response to the
IRFA, a Summary of the Agency’s
Assessment of Such Issues, and a
Statement of Any Changes Made in the
Proposed Rule as a Result of Such
Comments
No significant issues were raised by
the public comment in response to the
IRFA.
For purposes of the IRFA, 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 (less than $4.0
million in annual gross sales). Although
multiple vessels may be owned by a
single owner, tracking of ownership is
not readily available to reliably
ascertain affiliated entities. Therefore,
for purposes of this analysis, each
permitted vessel is treated as a single
small business entity. Consequently,
there are no differential impacts
between large and small entities.
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 action does not introduce any
new reporting, recordkeeping, or other
compliance requirements. This final
rule does not duplicate, overlap, or
conflict with other Federal rules.
Description and Estimate of Number of
Small Entities to Which the Final Rule
Will Apply
The management measures in
Framework 7 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 FY 2008, while only 504
open access permit holders (23 percent)
actively participated in the fishery
during that time period. Thus, this
action is expected to impact at least
1,077 currently active monkfish permit
holders, but have no impact on open
access permit holders.
The majority of the measures in this
action are specific to the NFMA, and,
thus, will apply to vessels that fish
primarily in the NFMA. Of the 546
vessels that participated in the fishery
in FY 2009, 232 reported fishing in the
NFMA. Of the 232, 115 reported fishing
only in the NFMA and 171 in both the
NFMA and SFMA. Accordingly, this
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action will most likely impact
approximately 232 vessels that fish in
the NFMA.
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Description of the Steps the Agency Has
Taken To Minimize the Significant
Economic Impact on Small Entities
Consistent With the Stated Objectives of
Applicable Statutes
All of the management measures
contained in Framework 7 and
implemented in this final rule either
provide for increased fishing
opportunities or increased efficiency
and profitability. This action increases
fishing opportunities by raising the
overall annual DAS allocations for all
limited access monkfish vessels from 31
DAS to 40 DAS, prior to adjusting the
DAS allocation for the Monkfish RSA
program. Although the DAS usage cap
for the SFMA remains at 28 DAS, the
NFMA DAS increase provides
additional fishing opportunities for
vessels that fish primarily in the NFMA,
vessels that fish in both the NFMA and
SFMA, and vessels that fish primarily in
the SFMA that may also wish to pursue
fishing opportunities in the NFMA.
Previously, vessels that fished primarily
in the SFMA who utilized the maximum
28 SFMA DAS would otherwise have 3
DAS remaining that could only be used
in the NFMA. With this action, these
vessels will now have 12 DAS available
for use in the NFMA prior to adjusting
the DAS allocation for the Monkfish
RSA program, which may provide
opportunities for these vessels to also
participate in the NFMA fishery as well
as the SFMA fishery.
In regards to increased efficiency and
profitability, this action increases the
NFMA ACT. Assuming that prices do
not decrease due to higher landings, a
higher ACT would result in higher
monkfish revenues and thus additional
benefits to vessels. However, this is only
the case if the higher allocation is
actually landed. To achieve the higher
ACT, this action also raises the trip
limits for permit Category B and D
vessels from 470 lb (213 kg) to 600 lb
(272 kg) tail weight. This increase
allows Category B and D vessels fishing
in the NFMA to land more monkfish
than previously authorized, which
could increase vessel efficiency and
profitability, as well as reducing any
regulatory discards.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
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the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to permit
holders that also serves as small entity
compliance guide (the guide) was
prepared. Copies of this final rule are
available from the NMFS Northeast
Regional Office, and the guide, i.e.,
permit holder letter, will be sent to all
holders of permits for the monkfish
fishery. The guide and this final rule
will be available upon request, and
posted on the Northeast Regional
Office’s Web site at https://
www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: October 19, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
66195
otherwise specified under this subpart
F.
*
*
*
*
*
■ 3. In § 648.94, revise paragraph
(b)(1)(ii) to read as follows:
§ 648.94 Monkfish possession and landing
restrictions.
*
*
*
*
*
(b) * * *
(1) * * *
(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 600 lb (272 kg) tail weight or 1,746
lb (792 kg) whole weight of monkfish
(gutted) 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 only
weight landed, the vessel may land up
to 1.91 lb (0.87 kg) of monkfish heads
only, as described in paragraph (a) of
this section.
*
*
*
*
*
[FR Doc. 2011–27723 Filed 10–25–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.92, revise paragraph
(b)(1)(i) to read as follows:
■
§ 648.92 Effort-control program for
monkfish limited access vessels.
*
*
*
*
*
(b) * * *
(1) * * *
(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
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50 CFR Part 679
[Docket No. 101126521–0640–02]
RIN 0648–XA791
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher/Processors Using Pot Gear in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by pot catcher/
processors in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary to
prevent exceeding the 2011 Pacific cod
total allowable catch (TAC) specified for
pot catcher/processors in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), October 23, 2011, through
1200 hrs, A.l.t., December 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
SUMMARY:
E:\FR\FM\26OCR1.SGM
26OCR1
]]>Agencies
[Federal Register Volume 76, Number 207 (Wednesday, October 26, 2011)]
[Rules and Regulations]
[Pages 66192-66195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27723]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 101119575-1554-02]
RIN 0648-BA46
Fisheries of the Northeastern United States; Monkfish; Framework
Adjustment 7
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule implements measures that were approved in
Framework Adjustment 7 to the Monkfish Fishery Management Plan. The New
England Fishery Management Council and Mid-Atlantic Fishery Management
Council developed Framework Adjustment 7 to adjust the annual catch
target for the Northern Fishery Management Area to be consistent with
the most recent
[[Page 66193]]
scientific advice regarding the acceptable biological catch for
monkfish. The New England Council's Scientific and Statistical
Committee recommended a revision to the acceptable biological catch
based on information from the 50th Northeast Regional Stock Assessment
Review Committee. Framework Adjustment 7 specifies a new days-at-sea
allocation and trip limits for the Northern Fishery Management Area
consistent with the new annual catch target, and establishes revised
biomass reference points for the Northern and Southern Fishery
Management Areas.
DATES: This rule is effective October 26, 2011.
ADDRESSES: An environmental assessment (EA) was prepared for Framework
Adjustment 7 (Framework 7) that describes the proposed action and other
alternatives considered, and provides an analysis of the impacts of the
proposed measures and alternatives. Copies of Framework 7, 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.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fisheries Management
Specialist, (978) 281-9177; 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
Council having the administrative lead. The fishery extends from Maine
to North Carolina, and is divided into two management units: The
Northern Fishery Management Area (NFMA) and the Southern Fishery
Management Area (SFMA). Details on the background and need for
Amendment 5 and this framework are contained in the amendment and the
preambles for the proposed (76 FR 11737; March 3, 2011) and final rules
(76 FR 30265; May 25, 2011) for Amendment 5, and are not repeated here.
Amendment 5, which was partially approved by NMFS on April 28,
2011, was intended to bring the Monkfish Fishery Management Plan (FMP)
into compliance with the requirements of the reauthorized Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
The Magnuson-Stevens Act requires that all FMPs contain annual catch
limits (ACL) to prevent overfishing, and measures to ensure
accountability. Among other measures, Amendment 5 implemented
accountability measures (AMs) and ACLs, established biological and
management reference points and control rules, and specified an annual
catch target (ACT), days-at-sea (DAS), and trip limits for the SFMA.
However, NMFS disapproved the proposed ACT for the NFMA in
Amendment 5, and specification of DAS and trip limits to achieve that
ACT. Amendment 5 proposed an ACT for the NFMA of 10,750 mt, an
allocation of 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 based on the 2007 Data Poor Working Group
(DPWG) Assessment, which was considered to be the best scientific
information available at the time the Amendment 5 document was
finalized by the Councils. Subsequent to the Councils taking final
action on Amendment 5, a 2010 stock assessment (50th Northeast Regional
Stock Assessment Review Committee (SARC 50)) became available, which
revealed new scientific information that, when included in the
Councils' interim acceptable biological catch (ABC) approach, reduced
the monkfish NFMA ABC. In response to the new assessment, the New
England Council's Scientific and Statistical Committee (SSC) revisited
its previous ABC recommendation at a meeting in August 2010. The SSC,
after much discussion concerning the uncertainty with the new
assessment and alternate methods for calculating ABC to account for
this uncertainty, agreed to maintain the existing interim ABC approach
it previously recommended. Using this interim ABC approach, the SSC
recalculated the recommended ABC in Amendment 5 to incorporate the
results of SARC 50. Based on the recalculation of the ABCs, the SFMA's
ACT and associated DAS and trip limit measures were found to still be
consistent with the new ABC and ACL, and they were approved by NMFS in
Amendment 5. The recalculated ABC for the NFMA, on the other hand, was
reduced from 10,750 mt to 7,592 mt, creating an inconsistency with the
Amendment 5 recommended ABC, ACT, and associated NFMA DAS and trip
limit measures. Based on this inconsistency, NMFS disapproved the
Amendment 5 proposed specifications for the NFMA.
This disapproval left current measures in effect for the NFMA until
superseded by a revised ACT and specification of DAS and trip limits
which is the purpose of this action. Because it was too late for the
Councils to revise the Amendment 5 NFMA measures in a timely fashion
for fishing year (FY) 2011, the Councils initiated Framework 7 in
September 2010 to revise the ACT for the NFMA to be consistent with the
most recent scientific advice. Leaving the current measures in place
was considered an acceptable interim measure because they are more
conservative than measures being implemented by this framework. This
framework reconfirms the SFMA ABC and associated specifications and
management measures that were approved and implemented through
Amendment 5. This framework also updates the biomass reference points
in the Monkfish FMP to be consistent with the results of SARC 50.
Approved Measures
1. ACT
Framework 7 reduces the ACT for the NFMA to be consistent with the
most recent scientific advice regarding the monkfish NFMA ABC. The SSC
recommended a reduction of the NFMA ABC, based on SARC 50, to 7,592 mt.
The ACT being implemented in this final rule is 86.5 percent of the
ABC, or 6,567 mt. The ACT for the NFMA being implemented is slightly
higher than the current total allowable landings (TAL) for the NFMA.
Any landings that occur between when Amendment 5 was implemented on May
25, 2011, and the effective date of this final rule will be counted
against the ACT for the current FY and will be used to determine
whether AMs are triggered.
2. Specification of DAS and Trip Limits
The DAS allocations and trip limits implemented in this action are
calculated to achieve, but not go over, the ACT. The trip limits for
the NFMA for permit categories A and C will be 1,250 lb (567 kg) tail
weight, and 600 lb (272 kg) tail weight for permit categories B and D,
with all categories having an initial DAS allocation of 40 DAS. After
accounting for the Monkfish Research Set-Aside (RSA) program, the final
allocation is 39.3 DAS.
3. Revision to Biological Reference Points
This action revises the biological reference points in the Monkfish
FMP to be consistent with those recommended by the SSC and SARC 50. In
the SARC 50 report, the Southern Demersal Working Group recommended an
approach that would set biomass target reference points based on the
long-term
[[Page 66194]]
projected biomass (B) corresponding to the fishing mortality rate (F)
at maximum sustainable yield, or its proxy, which for monkfish is
Fmax. This recommendation, along with the recommendation to
set B threshold reference points at one-half of the target, is
consistent with National Standard 1. The Btarget under this
recommendation is 52,930 mt for the NFMA and 74,490 mt for the SFMA,
and Bthreshold of 26,465 mt for the NFMA and 37,245 mt for
the SFMA.
Comments and Responses
The public comment period for the proposed rule ended on September
6, 2011. One comment was received.
Comment 1: The commenter suggested that all fishery quotas should
be cut, based on the notion that coastal hypoxia was not considered
when developing Framework 7.
Response: The commenter discussed coastal hypoxia at length, but
did not explain how it relates to this rule and there is no known
scientific basis for the commenter's suggestion. The reasons presented
by the Council and NMFS for recommending the monkfish measures in this
Framework are based on the best scientific information available, and
are discussed in the preambles to both the proposed and final rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a determination that this final
rule is consistent with the Monkfish FMP, Framework 7, other provisions
of the Magnuson-Stevens Act, and other applicable laws.
Pursuant to the APA, 5 U.S.C. 553(d)(1), NMFS finds good cause to
waive the 30-day delay in effectiveness of this rule. This final rule
implements measures that are less restrictive than current regulations
by increasing monkfish DAS allocations and trip limits for permit
category B and D vessels in the NFMA. The increase in the DAS
allocations and trip limits being implemented by this action are
measures that were intended to be implemented with Amendment 5 on May
1, 2011 (start of the 2011 FY). However, while Amendment 5 was being
finalized, new scientific information became available which resulted
in the disapproval of the measures in Amendment 5 that modify the NFMA
DAS and trip limits. Therefore, this action was adopted to implement
less restrictive DAS and trip limits that were disapproved in Amendment
5.
Moreover, the monkfish fishery is a seasonal fishery, with the
majority of the fishing activity occurring in the spring and fall.
Waiving the 30-day delay in effectiveness of this rule will allow
vessels to immediately utilize the additional DAS and trip limits for a
greater portion of the fall fishery than if the current and more
restrictive regulations were in place for the 30-day delay in
effectiveness period. Specifically, some vessels have already exhausted
their DAS. Waiving the 30-day delayed effectiveness will provide more
opportunities for these vessels to continue fishing in the fall
fishery. A delay in effectiveness could result in unnecessary short-
term adverse economic impacts to monkfish vessels and associated
shoreside facilities and fishing communities. Lastly, in the recent
past, the monkfish fishery has not been able to utilize its full ACT.
It is expected that, with increased DAS allocation and trip limits
being implemented with this action, the monkfish fishery will be able
to more effectively utilize the ACT. Thus, a delay in effectiveness
would be contrary to achieving optimum yield in the monkfish fishery,
thereby undermining the purpose of this rulemaking.
The Office of Management and Budget has determined that this rule
is not significant for purposes of Executive Order 12866.
The New England Council prepared an EA for Framework 7 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).
NMFS, pursuant to section 604 of the Regulatory Flexibility Act
(RFA), has prepared a Final Regulatory Flexibility Analysis (FRFA) in
support of Framework 7. The FRFA incorporates the IRFA, relevant
analyses contained in the Framework and its EA, and a summary of the
analyses completed to support the action in this rule. A copy of the
analyses done in the Framework and EA is available from the Councils
(see ADDRESSES). A summary of the IRFA was published in the proposed
rule for this action and is not repeated here. A description of why
this action was considered, the objectives of, and the legal basis for
this rule is contained in the preamble to the proposed rule and this
final rule and is not repeated here.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Proposed Rule as a Result of Such
Comments
No significant issues were raised by the public comment in response
to the IRFA.
For purposes of the IRFA, 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
(less than $4.0 million in annual gross sales). Although multiple
vessels may be owned by a single owner, tracking of ownership is not
readily available to reliably ascertain affiliated entities. Therefore,
for purposes of this analysis, each permitted vessel is treated as a
single small business entity. Consequently, there are no differential
impacts between large and small entities. 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 action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This final rule does not duplicate,
overlap, or conflict with other Federal rules.
Description and Estimate of Number of Small Entities to Which the Final
Rule Will Apply
The management measures in Framework 7 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 FY 2008, while
only 504 open access permit holders (23 percent) actively participated
in the fishery during that time period. Thus, this action is expected
to impact at least 1,077 currently active monkfish permit holders, but
have no impact on open access permit holders.
The majority of the measures in this action are specific to the
NFMA, and, thus, will apply to vessels that fish primarily in the NFMA.
Of the 546 vessels that participated in the fishery in FY 2009, 232
reported fishing in the NFMA. Of the 232, 115 reported fishing only in
the NFMA and 171 in both the NFMA and SFMA. Accordingly, this
[[Page 66195]]
action will most likely impact approximately 232 vessels that fish in
the NFMA.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
All of the management measures contained in Framework 7 and
implemented in this final rule either provide for increased fishing
opportunities or increased efficiency and profitability. This action
increases fishing opportunities by raising the overall annual DAS
allocations for all limited access monkfish vessels from 31 DAS to 40
DAS, prior to adjusting the DAS allocation for the Monkfish RSA
program. Although the DAS usage cap for the SFMA remains at 28 DAS, the
NFMA DAS increase provides additional fishing opportunities for vessels
that fish primarily in the NFMA, vessels that fish in both the NFMA and
SFMA, and vessels that fish primarily in the SFMA that may also wish to
pursue fishing opportunities in the NFMA. Previously, vessels that
fished primarily in the SFMA who utilized the maximum 28 SFMA DAS would
otherwise have 3 DAS remaining that could only be used in the NFMA.
With this action, these vessels will now have 12 DAS available for use
in the NFMA prior to adjusting the DAS allocation for the Monkfish RSA
program, which may provide opportunities for these vessels to also
participate in the NFMA fishery as well as the SFMA fishery.
In regards to increased efficiency and profitability, this action
increases the NFMA ACT. Assuming that prices do not decrease due to
higher landings, a higher ACT would result in higher monkfish revenues
and thus additional benefits to vessels. However, this is only the case
if the higher allocation is actually landed. To achieve the higher ACT,
this action also raises the trip limits for permit Category B and D
vessels from 470 lb (213 kg) to 600 lb (272 kg) tail weight. This
increase allows Category B and D vessels fishing in the NFMA to land
more monkfish than previously authorized, which could increase vessel
efficiency and profitability, as well as reducing any regulatory
discards.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
small entity compliance guide (the guide) was prepared. Copies of this
final rule are available from the NMFS Northeast Regional Office, and
the guide, i.e., permit holder letter, will be sent to all holders of
permits for the monkfish fishery. The guide and this final rule will be
available upon request, and posted on the Northeast Regional Office's
Web site at https://www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: October 19, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.92, revise paragraph (b)(1)(i) to read as follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(b) * * *
(1) * * *
(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.
* * * * *
0
3. In Sec. 648.94, revise paragraph (b)(1)(ii) to read as follows:
Sec. 648.94 Monkfish possession and landing restrictions.
* * * * *
(b) * * *
(1) * * *
(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 600 lb (272 kg) tail weight or 1,746 lb (792 kg) whole
weight of monkfish (gutted) 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 only
weight landed, the vessel may land up to 1.91 lb (0.87 kg) of monkfish
heads only, as described in paragraph (a) of this section.
* * * * *
[FR Doc. 2011-27723 Filed 10-25-11; 8:45 am]
BILLING CODE 3510-22-P
