Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Monkfish Fishery; Emergency Action, 12708-12713 [2013-04265]
Download as PDF
<![CDATA[
erowe on DSK2VPTVN1PROD with PROPOSALS-1
12708
Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules
the Small Business Administration. As
of November 2012, there were
approximately 180 vessels with a
directed swordfish LAP, 75 vessels with
an incidental swordfish LAP, and 77
vessels with a handgear LAP for
swordfish. Additionally, there were
approximately 71 HMS incidental squid
trawl permit holders, which allow
vessels in the Illex squid fishery to
retain up to 15 incidentally-caught
swordfish while trawling for squid.
Based on the 2011 swordfish ex-vessel
price of $4.44/lb, the 2013 North and
South Atlantic swordfish baseline
quotas could result in gross revenues of
$28,754,470 (2937.6 mt dw (6,476,232
lbs dw) * $4.44/lb) and $734,132 (75.2
mt dw (165,345 lbs dw) * $4.44),
respectively, if the quotas were fully
utilized. Under the adjusted quotas of
3,559.2 mt dw (7,846,612 lbs dw) for
North Atlantic swordfish and 75.2 mt
dw (165,345 lbs dw) for South Atlantic
swordfish, the gross revenues could be
$34,838,957 and $734,132, respectively,
for fully utilized quotas.
Potential revenues per vessel resulting
from full utilization of the adjusted
quotas, could be $86,449 for the North
Atlantic swordfish fishery and $1,821
for the South Atlantic swordfish fishery,
considering a total of 403 swordfish
permit holders. These estimates,
however, represent an average across all
permit types, despite permit differences
in retention limits, target species, and
geographical range. For North Atlantic
swordfish, directed swordfish permit
holders would likely experience higher
than average per-vessel revenue due to
the use of pelagic longlines and the lack
of a retention limit per trip. At the other
extreme, HMS incidental squid trawl
permit holders would likely experience
per vessel revenue well below the
average due to the low retention limit
per trip (15 swordfish) and because
these vessels do not target swordfish
and only catch them incidentally. For
South Atlantic swordfish, only directed
swordfish permit holders would be
likely to interact with this stock;
therefore, potential revenue is higher
than the average for these directed
swordfish permit holders, and near zero
for the other permit types. Additionally,
U.S. fishermen rarely catch South
Atlantic swordfish. Over the past 5
years, only 0.2 mt dw of South Atlantic
swordfish catch has been reported.
Because the United States’
commercial swordfish fishery is not
expected to catch its entire quota in
2013, these adjustments will not have a
significant impact on a substantial
number of small entities. As a result, no
initial regulatory flexibility analysis is
required, and none has been prepared.
VerDate Mar<15>2010
14:27 Feb 22, 2013
Jkt 229001
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: February 15, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2013–04156 Filed 2–22–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 121126649–3123–01]
RIN 0648–BC79
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Monkfish
Fishery; Emergency Action
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comment.
AGENCY:
NMFS proposes to implement
a temporary emergency action that
would suspend existing monkfish
possession limits for vessels issued both
a Federal limited access Northeast
multispecies permit and a limited
access monkfish Category C or D permit
that are fishing under a Northeast
multispecies day-at-sea in the monkfish
Northern Fishery Management Area for
180 days beginning on May 1, 2013.
This action is necessary to help mitigate
expected adverse economic and social
harm resulting from substantial
reductions to the 2013 annual catch
limits for several groundfish stocks
managed under the Northeast
Multispecies Fishery Management Plan.
The intended effect of this action is to
provide additional fishing opportunities
to vessels affected by reductions to
groundfish catch limits, without
resulting in overfishing monkfish within
the Northern Fishery Management Area.
DATES: Comments must be received by
March 12, 2013.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2012–0240, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
SUMMARY:
PO 00000
Frm 00076
Fmt 4702
Sfmt 4702
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2012-0240, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
John K. Bullard, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930–2276.
Mark the outside of the envelope:
‘‘Comments on Monkfish Emergency
Action.’’
• Fax: (978) 281–9135; Attn: Douglas
Christel.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous). Attachments to
electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF
file formats only.
NMFS prepared an Initial Regulatory
Flexibility Analysis (IRFA), which is
contained in the environmental
assessment (EA) prepared for this action
and summarized in the Classification
section of this proposed rule. Copies of
the supporting biological, economic,
and social impact analysis for this
action is contained in the EA prepared
for this rule, and may be found at the
following Internet address: https://
www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Douglas Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly
managed by the New England Fishery
Management Council (NEFMC) and the
Mid-Atlantic Fishery Management
Council. The fishery extends from
Maine to North Carolina out to the
continental margin. The Councils
manage the fishery as two stocks, with
the Northern Fishery Management Area
(NFMA) covering the Gulf of Maine
(GOM) and northern part of Georges
Bank (GB), and the Southern Fishery
Management Area (SFMA) extending
from the southern flank of GB through
E:\FR\FM\25FEP1.SGM
25FEP1
Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules
the Mid-Atlantic Bight to North
Carolina. The monkfish fishery is
primarily managed by possession limits,
in conjunction with a yearly allocation
of monkfish days-at-sea (DAS)
calculated to enable vessels
participating in the fishery to catch, but
not exceed, the target total allowable
landings (TAL) limit and the annual
catch target (ACT, the TAL plus an
estimate of expected discards) in each
management area. Both the ACT and the
TAL are calculated to maximize yield in
the fishery over the long term.
Monkfish are often caught while
fishing for Northeast (NE) multispecies
(i.e., groundfish), particularly in the
NFMA. Both monkfish and groundfish
are bottom-dwelling species comingling
in the same fishing locations and
susceptible to gear types used in both
fisheries. Because a majority of vessels
operating in the NFMA are issued both
monkfish and groundfish permits, the
two fisheries are closely related, and
influence one another in both the nature
of fishing operations (which species to
target and where to fish) and resulting
economic and social impacts of
applicable management measures.
Recent groundfish stock assessments
indicate that substantial reductions in
the fishing mortality rate for several
groundfish stocks are necessary to
prevent overfishing and rebuild
overfished stocks, consistent with
rebuilding plans required under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). Accordingly,
the NEFMC developed Framework
Adjustment (FW) 48 to the NE
Multispecies Fishery Management Plan
(FMP) to specify annual catch limits
(ACLs) for several groundfish stocks
based upon the updated stock
assessments, among other measures.
The NEFMC ultimately split FW 48 into
two separate actions, with updated
ACLs adopted as part of FW 50 at its
January 2013 meeting. The proposed
ACLs for several stocks, particularly
those caught in the GOM and GB, are
substantially reduced compared to ACLs
specified for fishing year (FY) 2012 (see
Table 1). A proposed rule to implement
these proposed ACLs, along with other
management measures, is expected to be
published in the Federal Register
shortly. If approved, such ACLs would
likely become effective by the start of
FY 2013 on May 1, 2013, and may result
in substantial adverse economic impacts
to vessels participating in the
groundfish fishery. To help mitigate the
adverse economic impacts of reduced
fishing opportunities in the groundfish
fishery during FY 2013, at its November
2012 meeting, the NEFMC requested
that NMFS implement an emergency
action to eliminate monkfish possession
limits for groundfish sector vessels
fishing under a groundfish DAS in the
NFMA, an area that includes the entire
GOM and northern portions of GB.
12709
TABLE 1—PROPOSED REDUCTIONS OF
2013 GROUNDFISH ACLS COMPARED TO 2012 ACLS—Continued
Reduction of
FY 2013 ACL
compared to
FY 2012
(percent)
Groundfish stock
GOM haddock ......................
GB yellowtail flounder ...........
Cape Cod/GOM yellowtail
flounder .............................
American plaice ....................
Witch flounder .......................
71
62
53
57
52
According to the latest monkfish stock
assessment conducted in August 2010
(50th Stock Assessment Workshop),
monkfish in the NFMA are neither
overfished, nor subject to overfishing.
Based on this assessment and an
evaluation by the NEFMC Scientific and
Statistical Committee, the Councils
adopted FY 2011–2013 monkfish ACTs
and TALs for the NFMA as part of FW
7 to the Monkfish FMP (October 26,
2011; 76 FR 66192). These catch limits
were set below the overfishing level for
NFMA monkfish to account for both
scientific and management uncertainty,
and to minimize the risk that
TABLE 1—PROPOSED REDUCTIONS OF overfishing will occur. In recent years,
2013 GROUNDFISH ACLS COM- monkfish landings have fallen short of
monkfish target total allowable catch
PARED TO 2012 ACLS
amounts specified for the NFMA (see
Table 2), with FY 2012 landings levels
Reduction of
FY 2013 ACL also projected to be below the TAL. As
Groundfish stock
compared to
a result, monkfish landings could be
FY 2012
increased as a means of providing
(percent)
additional fishing opportunities for
GB cod ..................................
55 groundfish vessels, with little risk of
GOM cod ..............................
77 overfishing NFMA monkfish.
TABLE 2—RECENT NFMA MONKFISH LANDINGS COMPARED TO ASSOCIATED TARGET TOTAL ALLOWABLE CATCH
AMOUNTS FOR EACH YEAR
Target total
allowable
catch (mt)
Fishing year
2008
2009
2010
2011
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
erowe on DSK2VPTVN1PROD with PROPOSALS-1
Justification for Emergency Action
Section 305(c) of the MagnusonStevens Act authorizes the Secretary to
promulgate emergency regulations to
address an emergency for any fishery.
NMFS policy guidelines for determining
whether an emergency rule is justified
were published on August 21, 1997 (62
FR 44421). The guidelines state that the
implementation of an emergency action
VerDate Mar<15>2010
14:27 Feb 22, 2013
Jkt 229001
should be limited to special
circumstances where substantial harm
or disruption of the resource, fishery, or
community would be caused in the time
it would take to follow standard
rulemaking procedures. The emergency
action guidelines define the existence of
an emergency as a situation that: ‘‘(1)
Results from recent, unforeseen events
or recently discovered circumstances;
PO 00000
Frm 00077
Fmt 4702
Sfmt 4702
5,000
5,000
5,000
5,854
Amount
landed (mt)
3,528
3,344
2,834
3,699
Percent of
target total
allowable
catch landed
71
67
57
63
and (2) presents serious conservation or
management problems in the fishery;
and (3) if the opportunity for prior
public notice and comment is being
waived, can be addressed through
emergency regulations for which the
immediate benefits outweigh the value
of advance notice, public comment, and
deliberative consideration of the
impacts on participants to the same
E:\FR\FM\25FEP1.SGM
25FEP1
12710
Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules
extent as would be expected under the
normal rulemaking process.’’ The
justifications described in the guidelines
include the prevention of significant
direct economic loss, or to preserve a
significant economic opportunity that
otherwise might be foregone, and the
prevention of significant community
impacts. This action meets the first two
guidelines; the third guideline is not
relevant because the opportunity for
prior public comment is not being
waived.
As discussed more thoroughly in the
EA developed to support this action (see
ADDRESSES), the combined effect of
several issues facing the groundfish
fishery for FY 2013 present recently
discovered circumstances that would
likely cause serious management
problems and result in substantial
economic and social harm for the
groundfish and monkfish fisheries and
associated communities. These issues
include a series of recent groundfish
stock assessment updates indicating the
poor condition of some stocks and the
need to reduce fishing mortality for
these stocks starting in FY 2013, a late
decision by the NEFMC to adopt
substantially lower groundfish ACLs for
certain stocks for FY 2013 as part of FW
48B to the NE Multispecies FMP, and
the lack of time to develop additional
measures to mitigate the economic and
social impacts of reduced FY 2013
groundfish ACLs through the
conventional fishery management
council management process. These
issues can, at least in part, be addressed
through an emergency action to suspend
existing monkfish possession limits for
vessels issued both a limited access
groundfish and monkfish permit in the
NFMA.
An emergency action would provide
additional fishing opportunities to help
mitigate expected substantial adverse
economic and social harm resulting
from reduced groundfish ACLs in FY
2013, without significantly increasing
the risk of overfishing monkfish in the
NFMA. These measures can be
developed and implemented by NMFS
more swiftly than a Council action that
is subject to procedural and other
requirements not applicable to NMFS.
Implementing such measures under
emergency action would help to
preserve an economic opportunity that
otherwise might be foregone if the
NEFMC attempted to implement such
measures under the normal, slower
Council process. Although some of the
groundfish stock assessments were
completed earlier in 2012, final ACLs
were not formally adopted by the
NEFMC until January 2013 following
the completion of the stock assessment
update for GOM and GB cod in
December 2012. Thus, the full scope of
potential adverse economic impacts for
FY 2013 was not realized until very
recently. Therefore, the potential impact
of the proposed reductions in
groundfish ACLs for several groundfish
stocks combined represents recently
discovered circumstances that could
result in substantial harm to the
groundfish fishery and associated
fishing communities. Further, because
the NEFMC needed to prioritize
adopting ACLs before the start of FY
2013, there was not enough time to fully
develop measures that would help
mitigate expected economic impacts of
reduced ACLs in FY 2013 as part of FW
48B. Accordingly, NMFS finds that this
proposed emergency action, as further
described below, is consistent with
section 305(c) of the Magnuson-Stevens
Act and NMFS guidance regarding the
use of emergency actions.
Proposed Management Measures
Pursuant to section 305(c)(3) of the
Magnuson-Stevens Act, the management
measures proposed in this rule would
remain in effect for 180 days, and are
likely to be extended an additional 185
days, as allowed by this section of the
Magnuson-Stevens Act, unless new
information indicates that the NFMA
monkfish TAL for FY 2013. If extended,
these measures would be effective for
the duration of FY 2013 (through April
30, 2014).
1. Monkfish Possession Limits in the
NFMA
This emergency action would
suspend existing monkfish possession
limits for vessels issued a Federal
limited access monkfish Category C or D
permit (i.e., those also issued a Federal
limited access NE multispecies permit)
that are fishing under a groundfish DAS
or both a groundfish and monkfish DAS
in the NFMA during FY 2013. Vessels
would still be required to declare a trip
under a groundfish or monkfish DAS at
the dock prior to starting a trip in order
to be exempt from the monkfish
possession limits; a vessel that does not
declare a trip under a groundfish or
monkfish DAS at the dock prior to
starting a trip would not be exempt from
the monkfish possession limits under
this action. Existing monkfish
possession limits for vessels issued a
limited access monkfish Category A or
B permit and fishing under only a
monkfish DAS, or vessels issued an
open access monkfish Category E permit
(i.e., vessels that catch monkfish while
targeting other fisheries) would remain
the same, as specified in Table 3. In
addition, the overfishing level,
acceptable biological catch level, ACL,
ACT, and TAL would remain as 19,557
mt, 7,592 mt, 6,567 mt, and 5,854 mt,
respectively, as implemented in either
Amendment 5 (May 25, 2011; 76 FR
30265) or FW 7 to the Monkfish FMP.
TABLE 3—PROPOSED MONKFISH POSSESSION LIMITS IN THE NFMA FOR 2013
DAS type
Monkfish permit category
Possession limit (tail weight)
Non-sector (Common Pool) ......
No DAS ............................
A, B, or E .........................
Monk ................................
NE Mults A .......................
erowe on DSK2VPTVN1PROD with PROPOSALS-1
Sector participation status
A .......................................
B .......................................
E .......................................
DAS only ..........................
NE Mults A & Monk DAS
Non-DAS ..........................
C or D ..............................
C or D ..............................
E .......................................
NE Mults A .......................
E .......................................
DAS only ..........................
NE Mults A & Monk DAS
C or D ..............................
C or D ..............................
Up to 5% of total weight of fish onboard; or 50 lb (23
kg) per day, up to 150 lb (68 kg) per trip based on
gear used.
1,250 lb (567 kg)/DAS.
600 lb (272 kg)/DAS.
Up to 25% of total weight of fish onboard, not to exceed 300 lb (136 kg).
Unlimited.
Unlimited.
Up to 5% of total weight of fish onboard; or 50 lb (23
kg) per day, up to 150 lb (68 kg) per trip based on
gear used.
Up to 25% of total weight of fish onboard, not to exceed 300 lb (136 kg).
Unlimited.
Unlimited.
Sector ........................................
VerDate Mar<15>2010
14:27 Feb 22, 2013
Jkt 229001
PO 00000
Frm 00078
Fmt 4702
Sfmt 4702
E:\FR\FM\25FEP1.SGM
25FEP1
Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules
erowe on DSK2VPTVN1PROD with PROPOSALS-1
These proposed measures differ from
those requested by the NEFMC in that
the suspension of existing monkfish
possession limits would apply to both
sector and non-sector vessels instead of
just sector vessels. Suspending
monkfish possession limits for both
sector and non-sector groundfish vessels
is proposed as being necessary to ensure
that the proposed measures fairly and
equitably allocate fishing privileges
among affected entities, consistent with
National Standard 4 of the MagnusonStevens Act. This emergency action
would not apply to vessels issued a
limited access monkfish Category A or
B permit, because they are not issued a
limited access groundfish permit and
are not directly affected by reductions to
groundfish ACLs during FY 2013, or to
those issued a Category H permit,
because they cannot fish within the
NFMA.
We expect these proposed measures
to more closely achieve, but not exceed,
the FY 2013 TAL for monkfish in the
NFMA. Using recent landings patterns
by limited access monkfish Category C
and D vessels, we expect that the
proposed measures would result in
monkfish landings of approximately
5,430 mt during FY 2013, or 93 percent
of the FY 2013 monkfish TAL in the
NFMA. This represents an increase of
608,530 lb (276,024 kg) of monkfish
landings compared to landings expected
under the current possession limits. If
fishing patterns shift as a result of these
proposed measures, and such a shift
results in increased targeting of
monkfish, there is a risk that monkfish
landings from the NFMA could exceed
the FY 2013 TAL.
2. Regional Administrator Authority to
Reinstate Existing Monkfish Possession
Limits
This action proposes to authorize the
Regional Administrator to reinstate
monkfish possession limits for limited
access monkfish Category C and D
vessels fishing under a groundfish DAS
or both a monkfish and groundfish DAS
in the NFMA at any time within 180
days following the implementation of
this action if available data indicate that
the NFMA monkfish TAL or ACT may
be exceeded during FY 2013. Further,
NMFS may modify or not extend this
action after the initial 180 days. This is
necessary to ensure that unexpected
changes in fishing behavior in response
to this emergency action do not cause
monkfish landings or catch, when
discards are included, to exceed the FY
2013 NFMA monkfish TAL or ACT,
respectively, and result in overfishing
for NFMA monkfish. If necessary,
NMFS shall reinstate monkfish
VerDate Mar<15>2010
14:27 Feb 22, 2013
Jkt 229001
possession limits in the NFMA
consistent with the Administrative
Procedure Act.
Request for Comments
The public is invited to comment on
any of the measures proposed in this
rule. NMFS is especially interested in
receiving comments on the likelihood
that these measures may result in
changes to recent fishing behavior,
including whether more groundfish
DAS would be used in FY 2013, and
whether vessels would use groundfish
DAS to specifically target monkfish.
Classification
At this time, the NMFS Assistant
Administrator has made a preliminary
determination that the emergency
measures that this proposed rule would
implement are consistent with the
Monkfish FMP, provisions of the
Magnuson-Stevens Act, agency
guidelines on emergency rules, and
other applicable laws. NMFS, in making
a final determination, will take into
account the data, views, and comments
received during the comment period.
This proposed rule has been
determined to be not significant for the
purposes of Executive Order (E.O.)
12866.
This proposed rule does not contain
policies with Federalism or takings
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
NMFS prepared an IRFA as required
by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA
describes the economic impact 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 in the preamble to this
proposed rule and in the background,
purpose, and need discussion (Section
2.0) of the EA prepared for this action.
This proposed action does not contain
any new recordkeeping or reporting
requirements, and does not impose any
additional costs to affected vessels.
As described above, this action is
necessary to help mitigate substantial
economic and social impacts to the
groundfish fishery and associated
fishing communities resulting from
substantially reduced ACLs for several
groundfish stocks during FY 2013. This
action would suspend existing monkfish
possession limits for vessels issued a
Federal limited access monkfish
Category C or D permit fishing under
either a monkfish or groundfish DAS in
the NFMA. The objective of this
emergency action is to increase
monkfish fishing opportunities and
PO 00000
Frm 00079
Fmt 4702
Sfmt 4702
12711
associated revenue for affected
groundfish vessels. The proposed
measures are expected to facilitate an
increase in NFMA monkfish landings
during FY 2013, while minimizing the
risk of overfishing monkfish in the
NFMA.
NMFS fully analyzed and considered
three principal alternatives, including
the No Action Alternative, Alternative
1, and the proposed action. The No
Action Alternative would have retained
the existing monkfish possession limits,
while Alternative 1 would have
suspended monkfish possession limits
for vessels issued a Federal limited
access monkfish Category C or D permit
when fishing under both a monkfish
and groundfish DAS in the NFMA.
NMFS also considered, but did not fully
analyze, several additional alternatives
that were rejected because they were
beyond the scope of the purpose and
need for this action. The proposed
action, Alternative 2 in the EA
developed for this action, would likely
result in the greatest economic benefit to
affected entities among the alternatives
considered, as described further below.
For a more complete description of the
alternatives considered in this action,
refer to the EA prepared for this action
(see ADDRESSES).
The economic value of monkfish
landings depends upon the market
category landed due to price variation
among the various monkfish market
categories. To more effectively compare
the economic impacts among
alternatives considered in this action,
expected revenues associated with each
alternative are estimated using the
average price of monkfish landed when
all landings of all market categories are
converted to live weight equivalents
using established conversion factors. It
is important to recognize that realized
revenues during FY 2013 will change in
proportion to any deviation from the
average price reported during the first
part of FY 2012 ($1.22 per lb ($2.69 per
kg)), as well as the amount of each
monkfish market category that is
landed.
Description of and Estimate of the
Number of Small Entities to Which the
Proposed Rule Would Apply
The preferred alternative would affect
any vessel issued a valid Federal limited
access monkfish Category C or D permit
that fishes under a monkfish or
groundfish DAS in the NFMA. All of the
vessels affected by this action are
considered small entities under the
Small Business Administration size
standards for small fishing businesses
($4.0 million in gross sales). Therefore,
there are no disproportionate impacts
E:\FR\FM\25FEP1.SGM
25FEP1
12712
Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules
erowe on DSK2VPTVN1PROD with PROPOSALS-1
between small and large entities
associated with this proposed action.
Available data are not adequate to
identify affiliated vessels, so each
operating unit (vessel) is considered a
small entity for purposes of the RFA.
For a more detailed description of the
affected entities, refer to the EA
prepared for this action (see
ADDRESSES).
As of December 7, 2012, 2,212 vessels
were issued a Federal monkfish permit,
of which 558 were issued limited access
monkfish Category C or D permits
during FY 2012. However, only a
fraction of these vessels will likely
actually fish in the NFMA during FY
2013. During FY 2008, 400 Category C
or D vessels fished in the NFMA out of
a total of 690 vessels that were issued
a limited access monkfish Category C or
D permit (58 percent). During FY 2011,
a total of 189 monkfish Category C or D
vessels fished exclusively in the NFMA,
or in both the NFMA and SFMA during
the same trip, out of 586 permits issued
(32 percent). Assuming more recent
fishing activity is a better predictor of
fishing operations during FY 2013, it is
expected that between 175–200 vessels
would be affected by this action. The
average size and horsepower of vessels
affected by this action is 60 ft (18 m) and
540 horsepower. Because over 80
percent of NFMA monkfish landings in
recent years were landed by trawl
vessels, trawl vessels would be most
affected by this action.
Economic Impacts of the Proposed
Action
Assuming that higher monkfish
landings do not depress monkfish exvessel prices during FY 2013, the
proposed action is expected to provide
opportunities for increased fishing
revenue for affected vessels. The
maximum potential revenue that could
be realized from the proposed action
would be approximately $15.7 million
for monkfish landings alone. This
assumes that the entire NFMA monkfish
TAL (5,854 mt, or 12.9 million lb)
would be landed during FY 2013 at the
average monkfish price observed during
FY 2012 ($1.22 per lb ($2.69 per kg)
when landings are converted to live
weight equivalents).
Realized revenues from the proposed
action are estimated to be approximately
$14.6 million from monkfish landings
alone during FY 2013 based on a
projection of monkfish landings and
using the average monkfish price
observed to date during FY 2012 ($1.22
per lb ($2.69 per kg) live weight
equivalent). That projection estimated
that the proposed action would increase
monkfish landings by approximately
VerDate Mar<15>2010
14:27 Feb 22, 2013
Jkt 229001
608,000 lb (275,737 kg) compared to the
No Action Alternative. The proposed
action would increase monkfish fishing
revenue by $742,000 compared to the
No Action Alternative, while it would
increase monkfish revenue by $568,000
compared to Alternative 1. Additional
fishing revenue would also be expected
based on landings of other species.
Measures that restrict fishing effort in
the groundfish fishery will likely be the
primary factor affecting how much
additional monkfish fishing revenue
would be realized from the proposed
action. As noted above, substantial
reductions in the FY 2013 ACLs for
several groundfish stocks are proposed
as part of FW 48 to the NE Multispecies
FMP. It is likely that these substantiallyreduced groundfish ACLs could cause
groundfish vessels to fully harvest their
groundfish allocations (sector annual
catch entitlements (ACE), or non-sector
trimester total allowable catch (TAC)
amounts) before the end of FY 2013,
triggering reactive accountability
measures that would cease groundfish
fishing operations temporarily, or for
the duration of FY 2013. This would
prevent the monkfish and groundfish
fisheries from fully realizing the
potential economic benefits of
suspending monkfish possession limits
for vessels fishing under a monkfish or
groundfish DAS in the NFMA. If
groundfish vessels can avoid exceeding
their sector ACE or non-sector trimester
TACs, then monkfish landings will
likely more closely approach the FY
2013 NFMA monkfish TAL and ACT,
resulting in greater economic benefits to
affected vessels.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: February 19, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated 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 § 648.94, suspend paragraphs
(b)(1)(i), (b)(1)(ii), and (b)(3)(i); and add
paragraphs (b)(1)(iii) through (v),
(b)(3)(iv), and (h) to read as follows:
■
PO 00000
Frm 00080
Fmt 4702
Sfmt 4702
§ 648.94 Monkfish possession and landing
restrictions.
*
*
*
*
*
(b) * * *
(1) * * *
(iii) Category A vessels. A limited
access monkfish Category A vessel that
fishes 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 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.
(iv) Category B vessels. A limited
access monkfish Category B vessel that
fishes 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.
(v) Category C and D vessels. Unless
otherwise specified pursuant to
paragraph (h) of this section, there is no
monkfish trip limit for limited access
monkfish Category C or D vessels that
are fishing under a monkfish DAS
exclusively in the NFMA.
*
*
*
*
*
(3) * * *
(iv) NFMA—(A) Category C and D
vessels. Unless otherwise specified
pursuant to paragraph (h) of this
section, there is no monkfish trip limit
for limited access monkfish Category C
or D vessels that are fishing under a NE
multispecies DAS exclusively in the
NFMA.
(B) Category F vessels. A limited
access monkfish Category F vessel that
is fishing under a NE multispecies DAS,
and not a monkfish DAS, exclusively in
the NFMA is subject to the incidental
catch limit specified in paragraph
(c)(1)(i) of this section.
(C) Vessels participating in the NE
Multispecies Regular B DAS Program.
Category C, D, F, G, and H vessels
participating in the NE Multispecies
Regular B DAS Program, as specified
under § 648.85(b)(6), are subject to the
incidental catch limit specified in
paragraph (c)(1)(i) of this section.
*
*
*
*
*
(h) Regional Administrator authority
to reinstate monkfish possession limits.
E:\FR\FM\25FEP1.SGM
25FEP1
Federal Register / Vol. 78, No. 37 / Monday, February 25, 2013 / Proposed Rules
Based upon available information, if the
Regional Administrator projects that
monkfish landings on trips that fished
in the NFMA may exceed the fishing
year 2013 target total allowable landing
limit of 5,854 mt or, when combined
with an estimate of discards, the 6,567
mt annual catch target, before the end of
fishing year 2013 on April 30, 2014, the
Regional Administrator shall reinstate
monkfish possession limits for Category
C and D vessels in a manner consistent
with the Administrative Procedure Act.
If monkfish possession limits are
reinstated pursuant to this paragraph
(h), Category C vessels shall be subject
to the possession limits specified in
paragraphs (b)(1)(iii) and (c)(1)(i) of this
section, while Category D vessels shall
be subject to the possession limits
specified in paragraphs (b)(1)(iv) and
(c)(1)(i) of this section.
[FR Doc. 2013–04265 Filed 2–22–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
RIN 0648–XC469
Pacific Fishery Management Council;
Public Meetings and Hearings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of opportunities to
submit public comments.
AGENCY:
The Pacific Fishery
Management Council (Pacific Council)
has announced its annual preseason
management process for the 2013 ocean
salmon fisheries. This notice informs
the public of opportunities to provide
comments on the 2013 ocean salmon
management measures which will
publish as a final rule and be effective
May 1, 2013.
DATES: Written comments on the salmon
management alternatives adopted by the
Pacific Council at its March 2013
meeting, and described in Preseason
Report II, submitted electronically or in
erowe on DSK2VPTVN1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
14:27 Feb 22, 2013
Jkt 229001
hard copy by 11:59 p.m. Pacific Time,
March 31, 2013 will be considered in
the Pacific Council’s final
recommendation for the 2013
management measures.
ADDRESSES: Documents will be available
from Mr. Dan Wolford, Chairman,
Pacific Fishery Management Council,
7700 NE Ambassador Place, Suite 101,
Portland, OR 97220–1384, telephone:
503–820–2280 (voice) or 503–820–2299
(fax), and posted on the Pacific Council
web site at https://www.pcouncil.org.
You may submit comments, identified
by NOAA–NMFS–2012–0248, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20120248, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Mr. Dan Wolford, Chairman,
Pacific Fishery Management Council,
7700 NE Ambassador Place, Suite 101,
Portland, OR 97220–1384.
• Fax: 503–820–2299, Attn: Mr. Mike
Burner.
• Comments can also be submitted
via email at PFMC.comments@noaa.gov.
Instructions: Comments sent by any
other method, to any other address or
individual may not be considered by
NMFS or the Pacific Council. All
comments received are a part of the
public record and will generally be
posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS and the
Pacific Council will accept anonymous
comments (enter ‘‘N/A’’ in the required
fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only.
FOR FURTHER INFORMATION CONTACT: Mr.
Mike Burner, telephone: 503–820–2280.
For information on submitting
comments via the Federal e-Rulemaking
portal, contact Peggy Mundy, telephone:
206–526–4323.
PO 00000
Frm 00081
Fmt 4702
Sfmt 9990
12713
The
Pacific Council has published its annual
notice of availability of reports; public
meetings, and hearings for the 2013
ocean salmon fisheries (77 FR 73987,
December 12, 2012). The Pacific Council
will adopt alternatives for 2013 ocean
salmon fisheries at its meeting, March
6–11, 2013 at the Hotel Murano in
Tacoma, Washington. Details of this
meeting are available on the Pacific
Council’s Web site (www.pcouncil.org)
and will be published in the Federal
Register in February 2013. On March
20, 2013, ‘‘Preseason Report II-Proposed
Alternatives and Environmental
Assessment Part 2 for 2013 Ocean
Salmon Fishery Regulations’’ and public
hearing schedule will be mailed to the
public that have requested to receive
these documents (see ADDRESSES) and
posted on the Pacific Council Web site
at https://www.pcouncil.org. The report
will include a description of the salmon
management alternatives and a
summary of their biological and
economic impacts.
Comments on the alternatives the
Pacific Council adopts at its March 2013
meeting, and described in Preseason
Report II, may be submitted in writing
or electronically as described under
Addresses, above, or verbally or in
writing at any of the public hearings
held on March 25–26, 2013, or at the
Pacific Council’s meeting, April 5–11,
2013, at the Sheraton Portland Airport
Hotel in Portland, Oregon. Written and
electronically submitted comments
must be received no later than 11:59
p.m. Pacific Time, March 31, 2013 in
order to be included in the briefing book
for the April Council meeting where
they will be considered in the adoption
of the Pacific Council’s final
recommendation for the 2013 salmon
fishery management measures. All
comments received accordingly will be
reviewed and considered by the Pacific
Council and NMFS.
SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. 1801 et. seq.
Dated: February 20, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–04264 Filed 2–22–13; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\25FEP1.SGM
25FEP1
]]>Agencies
[Federal Register Volume 78, Number 37 (Monday, February 25, 2013)]
[Proposed Rules]
[Pages 12708-12713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04265]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 121126649-3123-01]
RIN 0648-BC79
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Monkfish
Fishery; Emergency Action
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comment.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to implement a temporary emergency action that
would suspend existing monkfish possession limits for vessels issued
both a Federal limited access Northeast multispecies permit and a
limited access monkfish Category C or D permit that are fishing under a
Northeast multispecies day-at-sea in the monkfish Northern Fishery
Management Area for 180 days beginning on May 1, 2013. This action is
necessary to help mitigate expected adverse economic and social harm
resulting from substantial reductions to the 2013 annual catch limits
for several groundfish stocks managed under the Northeast Multispecies
Fishery Management Plan. The intended effect of this action is to
provide additional fishing opportunities to vessels affected by
reductions to groundfish catch limits, without resulting in overfishing
monkfish within the Northern Fishery Management Area.
DATES: Comments must be received by March 12, 2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0240, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D= NOAA-NMFS-2012-0240, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope:
``Comments on Monkfish Emergency Action.''
Fax: (978) 281-9135; Attn: Douglas Christel.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA),
which is contained in the environmental assessment (EA) prepared for
this action and summarized in the Classification section of this
proposed rule. Copies of the supporting biological, economic, and
social impact analysis for this action is contained in the EA prepared
for this rule, and may be found at the following Internet address:
https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy
Analyst, (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly managed by the New England Fishery
Management Council (NEFMC) and the Mid-Atlantic Fishery Management
Council. The fishery extends from Maine to North Carolina out to the
continental margin. The Councils manage the fishery as two stocks, with
the Northern Fishery Management Area (NFMA) covering the Gulf of Maine
(GOM) and northern part of Georges Bank (GB), and the Southern Fishery
Management Area (SFMA) extending from the southern flank of GB through
[[Page 12709]]
the Mid-Atlantic Bight to North Carolina. The monkfish fishery is
primarily managed by possession limits, in conjunction with a yearly
allocation of monkfish days-at-sea (DAS) calculated to enable vessels
participating in the fishery to catch, but not exceed, the target total
allowable landings (TAL) limit and the annual catch target (ACT, the
TAL plus an estimate of expected discards) in each management area.
Both the ACT and the TAL are calculated to maximize yield in the
fishery over the long term.
Monkfish are often caught while fishing for Northeast (NE)
multispecies (i.e., groundfish), particularly in the NFMA. Both
monkfish and groundfish are bottom-dwelling species comingling in the
same fishing locations and susceptible to gear types used in both
fisheries. Because a majority of vessels operating in the NFMA are
issued both monkfish and groundfish permits, the two fisheries are
closely related, and influence one another in both the nature of
fishing operations (which species to target and where to fish) and
resulting economic and social impacts of applicable management
measures.
Recent groundfish stock assessments indicate that substantial
reductions in the fishing mortality rate for several groundfish stocks
are necessary to prevent overfishing and rebuild overfished stocks,
consistent with rebuilding plans required under the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
Accordingly, the NEFMC developed Framework Adjustment (FW) 48 to the NE
Multispecies Fishery Management Plan (FMP) to specify annual catch
limits (ACLs) for several groundfish stocks based upon the updated
stock assessments, among other measures. The NEFMC ultimately split FW
48 into two separate actions, with updated ACLs adopted as part of FW
50 at its January 2013 meeting. The proposed ACLs for several stocks,
particularly those caught in the GOM and GB, are substantially reduced
compared to ACLs specified for fishing year (FY) 2012 (see Table 1). A
proposed rule to implement these proposed ACLs, along with other
management measures, is expected to be published in the Federal
Register shortly. If approved, such ACLs would likely become effective
by the start of FY 2013 on May 1, 2013, and may result in substantial
adverse economic impacts to vessels participating in the groundfish
fishery. To help mitigate the adverse economic impacts of reduced
fishing opportunities in the groundfish fishery during FY 2013, at its
November 2012 meeting, the NEFMC requested that NMFS implement an
emergency action to eliminate monkfish possession limits for groundfish
sector vessels fishing under a groundfish DAS in the NFMA, an area that
includes the entire GOM and northern portions of GB.
Table 1--Proposed Reductions of 2013 Groundfish ACLs Compared to 2012
ACLs
------------------------------------------------------------------------
Reduction of
FY 2013 ACL
Groundfish stock compared to FY
2012 (percent)
------------------------------------------------------------------------
GB cod.................................................. 55
GOM cod................................................. 77
GOM haddock............................................. 71
GB yellowtail flounder.................................. 62
Cape Cod/GOM yellowtail flounder........................ 53
American plaice......................................... 57
Witch flounder.......................................... 52
------------------------------------------------------------------------
According to the latest monkfish stock assessment conducted in
August 2010 (50th Stock Assessment Workshop), monkfish in the NFMA are
neither overfished, nor subject to overfishing. Based on this
assessment and an evaluation by the NEFMC Scientific and Statistical
Committee, the Councils adopted FY 2011-2013 monkfish ACTs and TALs for
the NFMA as part of FW 7 to the Monkfish FMP (October 26, 2011; 76 FR
66192). These catch limits were set below the overfishing level for
NFMA monkfish to account for both scientific and management
uncertainty, and to minimize the risk that overfishing will occur. In
recent years, monkfish landings have fallen short of monkfish target
total allowable catch amounts specified for the NFMA (see Table 2),
with FY 2012 landings levels also projected to be below the TAL. As a
result, monkfish landings could be increased as a means of providing
additional fishing opportunities for groundfish vessels, with little
risk of overfishing NFMA monkfish.
Table 2--Recent NFMA Monkfish Landings Compared to Associated Target Total Allowable Catch Amounts for Each Year
----------------------------------------------------------------------------------------------------------------
Percent of
Target total Amount landed target total
Fishing year allowable (mt) allowable
catch (mt) catch landed
----------------------------------------------------------------------------------------------------------------
2008............................................................ 5,000 3,528 71
2009............................................................ 5,000 3,344 67
2010............................................................ 5,000 2,834 57
2011............................................................ 5,854 3,699 63
----------------------------------------------------------------------------------------------------------------
Justification for Emergency Action
Section 305(c) of the Magnuson-Stevens Act authorizes the Secretary
to promulgate emergency regulations to address an emergency for any
fishery. NMFS policy guidelines for determining whether an emergency
rule is justified were published on August 21, 1997 (62 FR 44421). The
guidelines state that the implementation of an emergency action should
be limited to special circumstances where substantial harm or
disruption of the resource, fishery, or community would be caused in
the time it would take to follow standard rulemaking procedures. The
emergency action guidelines define the existence of an emergency as a
situation that: ``(1) Results from recent, unforeseen events or
recently discovered circumstances; and (2) presents serious
conservation or management problems in the fishery; and (3) if the
opportunity for prior public notice and comment is being waived, can be
addressed through emergency regulations for which the immediate
benefits outweigh the value of advance notice, public comment, and
deliberative consideration of the impacts on participants to the same
[[Page 12710]]
extent as would be expected under the normal rulemaking process.'' The
justifications described in the guidelines include the prevention of
significant direct economic loss, or to preserve a significant economic
opportunity that otherwise might be foregone, and the prevention of
significant community impacts. This action meets the first two
guidelines; the third guideline is not relevant because the opportunity
for prior public comment is not being waived.
As discussed more thoroughly in the EA developed to support this
action (see ADDRESSES), the combined effect of several issues facing
the groundfish fishery for FY 2013 present recently discovered
circumstances that would likely cause serious management problems and
result in substantial economic and social harm for the groundfish and
monkfish fisheries and associated communities. These issues include a
series of recent groundfish stock assessment updates indicating the
poor condition of some stocks and the need to reduce fishing mortality
for these stocks starting in FY 2013, a late decision by the NEFMC to
adopt substantially lower groundfish ACLs for certain stocks for FY
2013 as part of FW 48B to the NE Multispecies FMP, and the lack of time
to develop additional measures to mitigate the economic and social
impacts of reduced FY 2013 groundfish ACLs through the conventional
fishery management council management process. These issues can, at
least in part, be addressed through an emergency action to suspend
existing monkfish possession limits for vessels issued both a limited
access groundfish and monkfish permit in the NFMA.
An emergency action would provide additional fishing opportunities
to help mitigate expected substantial adverse economic and social harm
resulting from reduced groundfish ACLs in FY 2013, without
significantly increasing the risk of overfishing monkfish in the NFMA.
These measures can be developed and implemented by NMFS more swiftly
than a Council action that is subject to procedural and other
requirements not applicable to NMFS. Implementing such measures under
emergency action would help to preserve an economic opportunity that
otherwise might be foregone if the NEFMC attempted to implement such
measures under the normal, slower Council process. Although some of the
groundfish stock assessments were completed earlier in 2012, final ACLs
were not formally adopted by the NEFMC until January 2013 following the
completion of the stock assessment update for GOM and GB cod in
December 2012. Thus, the full scope of potential adverse economic
impacts for FY 2013 was not realized until very recently. Therefore,
the potential impact of the proposed reductions in groundfish ACLs for
several groundfish stocks combined represents recently discovered
circumstances that could result in substantial harm to the groundfish
fishery and associated fishing communities. Further, because the NEFMC
needed to prioritize adopting ACLs before the start of FY 2013, there
was not enough time to fully develop measures that would help mitigate
expected economic impacts of reduced ACLs in FY 2013 as part of FW 48B.
Accordingly, NMFS finds that this proposed emergency action, as further
described below, is consistent with section 305(c) of the Magnuson-
Stevens Act and NMFS guidance regarding the use of emergency actions.
Proposed Management Measures
Pursuant to section 305(c)(3) of the Magnuson-Stevens Act, the
management measures proposed in this rule would remain in effect for
180 days, and are likely to be extended an additional 185 days, as
allowed by this section of the Magnuson-Stevens Act, unless new
information indicates that the NFMA monkfish TAL for FY 2013. If
extended, these measures would be effective for the duration of FY 2013
(through April 30, 2014).
1. Monkfish Possession Limits in the NFMA
This emergency action would suspend existing monkfish possession
limits for vessels issued a Federal limited access monkfish Category C
or D permit (i.e., those also issued a Federal limited access NE
multispecies permit) that are fishing under a groundfish DAS or both a
groundfish and monkfish DAS in the NFMA during FY 2013. Vessels would
still be required to declare a trip under a groundfish or monkfish DAS
at the dock prior to starting a trip in order to be exempt from the
monkfish possession limits; a vessel that does not declare a trip under
a groundfish or monkfish DAS at the dock prior to starting a trip would
not be exempt from the monkfish possession limits under this action.
Existing monkfish possession limits for vessels issued a limited access
monkfish Category A or B permit and fishing under only a monkfish DAS,
or vessels issued an open access monkfish Category E permit (i.e.,
vessels that catch monkfish while targeting other fisheries) would
remain the same, as specified in Table 3. In addition, the overfishing
level, acceptable biological catch level, ACL, ACT, and TAL would
remain as 19,557 mt, 7,592 mt, 6,567 mt, and 5,854 mt, respectively, as
implemented in either Amendment 5 (May 25, 2011; 76 FR 30265) or FW 7
to the Monkfish FMP.
Table 3--Proposed Monkfish Possession Limits in the NFMA for 2013
----------------------------------------------------------------------------------------------------------------
Monkfish permit Possession limit (tail
Sector participation status DAS type category weight)
----------------------------------------------------------------------------------------------------------------
Non-sector (Common Pool)........... No DAS................ A, B, or E............ Up to 5% of total weight of
fish onboard; or 50 lb (23
kg) per day, up to 150 lb
(68 kg) per trip based on
gear used.
Monk.................. A..................... 1,250 lb (567 kg)/DAS.
B..................... 600 lb (272 kg)/DAS.
NE Mults A............ E..................... Up to 25% of total weight
of fish onboard, not to
exceed 300 lb (136 kg).
DAS only.............. C or D................ Unlimited.
NE Mults A & Monk DAS. C or D................ Unlimited.
Sector............................. Non-DAS............... E..................... Up to 5% of total weight of
fish onboard; or 50 lb (23
kg) per day, up to 150 lb
(68 kg) per trip based on
gear used.
NE Mults A............ E..................... Up to 25% of total weight
of fish onboard, not to
exceed 300 lb (136 kg).
DAS only.............. C or D................ Unlimited.
NE Mults A & Monk DAS. C or D................ Unlimited.
----------------------------------------------------------------------------------------------------------------
[[Page 12711]]
These proposed measures differ from those requested by the NEFMC in
that the suspension of existing monkfish possession limits would apply
to both sector and non-sector vessels instead of just sector vessels.
Suspending monkfish possession limits for both sector and non-sector
groundfish vessels is proposed as being necessary to ensure that the
proposed measures fairly and equitably allocate fishing privileges
among affected entities, consistent with National Standard 4 of the
Magnuson-Stevens Act. This emergency action would not apply to vessels
issued a limited access monkfish Category A or B permit, because they
are not issued a limited access groundfish permit and are not directly
affected by reductions to groundfish ACLs during FY 2013, or to those
issued a Category H permit, because they cannot fish within the NFMA.
We expect these proposed measures to more closely achieve, but not
exceed, the FY 2013 TAL for monkfish in the NFMA. Using recent landings
patterns by limited access monkfish Category C and D vessels, we expect
that the proposed measures would result in monkfish landings of
approximately 5,430 mt during FY 2013, or 93 percent of the FY 2013
monkfish TAL in the NFMA. This represents an increase of 608,530 lb
(276,024 kg) of monkfish landings compared to landings expected under
the current possession limits. If fishing patterns shift as a result of
these proposed measures, and such a shift results in increased
targeting of monkfish, there is a risk that monkfish landings from the
NFMA could exceed the FY 2013 TAL.
2. Regional Administrator Authority to Reinstate Existing Monkfish
Possession Limits
This action proposes to authorize the Regional Administrator to
reinstate monkfish possession limits for limited access monkfish
Category C and D vessels fishing under a groundfish DAS or both a
monkfish and groundfish DAS in the NFMA at any time within 180 days
following the implementation of this action if available data indicate
that the NFMA monkfish TAL or ACT may be exceeded during FY 2013.
Further, NMFS may modify or not extend this action after the initial
180 days. This is necessary to ensure that unexpected changes in
fishing behavior in response to this emergency action do not cause
monkfish landings or catch, when discards are included, to exceed the
FY 2013 NFMA monkfish TAL or ACT, respectively, and result in
overfishing for NFMA monkfish. If necessary, NMFS shall reinstate
monkfish possession limits in the NFMA consistent with the
Administrative Procedure Act.
Request for Comments
The public is invited to comment on any of the measures proposed in
this rule. NMFS is especially interested in receiving comments on the
likelihood that these measures may result in changes to recent fishing
behavior, including whether more groundfish DAS would be used in FY
2013, and whether vessels would use groundfish DAS to specifically
target monkfish.
Classification
At this time, the NMFS Assistant Administrator has made a
preliminary determination that the emergency measures that this
proposed rule would implement are consistent with the Monkfish FMP,
provisions of the Magnuson-Stevens Act, agency guidelines on emergency
rules, and other applicable laws. NMFS, in making a final
determination, will take into account the data, views, and comments
received during the comment period.
This proposed rule has been determined to be not significant for
the purposes of Executive Order (E.O.) 12866.
This proposed rule does not contain policies with Federalism or
takings implications as those terms are defined in E.O. 13132 and E.O.
12630, respectively.
NMFS prepared an IRFA as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact 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 in the preamble to this proposed rule and in the
background, purpose, and need discussion (Section 2.0) of the EA
prepared for this action. This proposed action does not contain any new
recordkeeping or reporting requirements, and does not impose any
additional costs to affected vessels.
As described above, this action is necessary to help mitigate
substantial economic and social impacts to the groundfish fishery and
associated fishing communities resulting from substantially reduced
ACLs for several groundfish stocks during FY 2013. This action would
suspend existing monkfish possession limits for vessels issued a
Federal limited access monkfish Category C or D permit fishing under
either a monkfish or groundfish DAS in the NFMA. The objective of this
emergency action is to increase monkfish fishing opportunities and
associated revenue for affected groundfish vessels. The proposed
measures are expected to facilitate an increase in NFMA monkfish
landings during FY 2013, while minimizing the risk of overfishing
monkfish in the NFMA.
NMFS fully analyzed and considered three principal alternatives,
including the No Action Alternative, Alternative 1, and the proposed
action. The No Action Alternative would have retained the existing
monkfish possession limits, while Alternative 1 would have suspended
monkfish possession limits for vessels issued a Federal limited access
monkfish Category C or D permit when fishing under both a monkfish and
groundfish DAS in the NFMA. NMFS also considered, but did not fully
analyze, several additional alternatives that were rejected because
they were beyond the scope of the purpose and need for this action. The
proposed action, Alternative 2 in the EA developed for this action,
would likely result in the greatest economic benefit to affected
entities among the alternatives considered, as described further below.
For a more complete description of the alternatives considered in this
action, refer to the EA prepared for this action (see ADDRESSES).
The economic value of monkfish landings depends upon the market
category landed due to price variation among the various monkfish
market categories. To more effectively compare the economic impacts
among alternatives considered in this action, expected revenues
associated with each alternative are estimated using the average price
of monkfish landed when all landings of all market categories are
converted to live weight equivalents using established conversion
factors. It is important to recognize that realized revenues during FY
2013 will change in proportion to any deviation from the average price
reported during the first part of FY 2012 ($1.22 per lb ($2.69 per
kg)), as well as the amount of each monkfish market category that is
landed.
Description of and Estimate of the Number of Small Entities to Which
the Proposed Rule Would Apply
The preferred alternative would affect any vessel issued a valid
Federal limited access monkfish Category C or D permit that fishes
under a monkfish or groundfish DAS in the NFMA. All of the vessels
affected by this action are considered small entities under the Small
Business Administration size standards for small fishing businesses
($4.0 million in gross sales). Therefore, there are no disproportionate
impacts
[[Page 12712]]
between small and large entities associated with this proposed action.
Available data are not adequate to identify affiliated vessels, so each
operating unit (vessel) is considered a small entity for purposes of
the RFA. For a more detailed description of the affected entities,
refer to the EA prepared for this action (see ADDRESSES).
As of December 7, 2012, 2,212 vessels were issued a Federal
monkfish permit, of which 558 were issued limited access monkfish
Category C or D permits during FY 2012. However, only a fraction of
these vessels will likely actually fish in the NFMA during FY 2013.
During FY 2008, 400 Category C or D vessels fished in the NFMA out of a
total of 690 vessels that were issued a limited access monkfish
Category C or D permit (58 percent). During FY 2011, a total of 189
monkfish Category C or D vessels fished exclusively in the NFMA, or in
both the NFMA and SFMA during the same trip, out of 586 permits issued
(32 percent). Assuming more recent fishing activity is a better
predictor of fishing operations during FY 2013, it is expected that
between 175-200 vessels would be affected by this action. The average
size and horsepower of vessels affected by this action is 60 ft (18 m)
and 540 horsepower. Because over 80 percent of NFMA monkfish landings
in recent years were landed by trawl vessels, trawl vessels would be
most affected by this action.
Economic Impacts of the Proposed Action
Assuming that higher monkfish landings do not depress monkfish ex-
vessel prices during FY 2013, the proposed action is expected to
provide opportunities for increased fishing revenue for affected
vessels. The maximum potential revenue that could be realized from the
proposed action would be approximately $15.7 million for monkfish
landings alone. This assumes that the entire NFMA monkfish TAL (5,854
mt, or 12.9 million lb) would be landed during FY 2013 at the average
monkfish price observed during FY 2012 ($1.22 per lb ($2.69 per kg)
when landings are converted to live weight equivalents).
Realized revenues from the proposed action are estimated to be
approximately $14.6 million from monkfish landings alone during FY 2013
based on a projection of monkfish landings and using the average
monkfish price observed to date during FY 2012 ($1.22 per lb ($2.69 per
kg) live weight equivalent). That projection estimated that the
proposed action would increase monkfish landings by approximately
608,000 lb (275,737 kg) compared to the No Action Alternative. The
proposed action would increase monkfish fishing revenue by $742,000
compared to the No Action Alternative, while it would increase monkfish
revenue by $568,000 compared to Alternative 1. Additional fishing
revenue would also be expected based on landings of other species.
Measures that restrict fishing effort in the groundfish fishery
will likely be the primary factor affecting how much additional
monkfish fishing revenue would be realized from the proposed action. As
noted above, substantial reductions in the FY 2013 ACLs for several
groundfish stocks are proposed as part of FW 48 to the NE Multispecies
FMP. It is likely that these substantially-reduced groundfish ACLs
could cause groundfish vessels to fully harvest their groundfish
allocations (sector annual catch entitlements (ACE), or non-sector
trimester total allowable catch (TAC) amounts) before the end of FY
2013, triggering reactive accountability measures that would cease
groundfish fishing operations temporarily, or for the duration of FY
2013. This would prevent the monkfish and groundfish fisheries from
fully realizing the potential economic benefits of suspending monkfish
possession limits for vessels fishing under a monkfish or groundfish
DAS in the NFMA. If groundfish vessels can avoid exceeding their sector
ACE or non-sector trimester TACs, then monkfish landings will likely
more closely approach the FY 2013 NFMA monkfish TAL and ACT, resulting
in greater economic benefits to affected vessels.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: February 19, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be 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. 648.94, suspend paragraphs (b)(1)(i), (b)(1)(ii), and
(b)(3)(i); and add paragraphs (b)(1)(iii) through (v), (b)(3)(iv), and
(h) to read as follows:
Sec. 648.94 Monkfish possession and landing restrictions.
* * * * *
(b) * * *
(1) * * *
(iii) Category A vessels. A limited access monkfish Category A
vessel that fishes 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 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.
(iv) Category B vessels. A limited access monkfish Category B
vessel that fishes 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.
(v) Category C and D vessels. Unless otherwise specified pursuant
to paragraph (h) of this section, there is no monkfish trip limit for
limited access monkfish Category C or D vessels that are fishing under
a monkfish DAS exclusively in the NFMA.
* * * * *
(3) * * *
(iv) NFMA--(A) Category C and D vessels. Unless otherwise specified
pursuant to paragraph (h) of this section, there is no monkfish trip
limit for limited access monkfish Category C or D vessels that are
fishing under a NE multispecies DAS exclusively in the NFMA.
(B) Category F vessels. A limited access monkfish Category F vessel
that is fishing under a NE multispecies DAS, and not a monkfish DAS,
exclusively in the NFMA is subject to the incidental catch limit
specified in paragraph (c)(1)(i) of this section.
(C) Vessels participating in the NE Multispecies Regular B DAS
Program. Category C, D, F, G, and H vessels participating in the NE
Multispecies Regular B DAS Program, as specified under Sec.
648.85(b)(6), are subject to the incidental catch limit specified in
paragraph (c)(1)(i) of this section.
* * * * *
(h) Regional Administrator authority to reinstate monkfish
possession limits.
[[Page 12713]]
Based upon available information, if the Regional Administrator
projects that monkfish landings on trips that fished in the NFMA may
exceed the fishing year 2013 target total allowable landing limit of
5,854 mt or, when combined with an estimate of discards, the 6,567 mt
annual catch target, before the end of fishing year 2013 on April 30,
2014, the Regional Administrator shall reinstate monkfish possession
limits for Category C and D vessels in a manner consistent with the
Administrative Procedure Act. If monkfish possession limits are
reinstated pursuant to this paragraph (h), Category C vessels shall be
subject to the possession limits specified in paragraphs (b)(1)(iii)
and (c)(1)(i) of this section, while Category D vessels shall be
subject to the possession limits specified in paragraphs (b)(1)(iv) and
(c)(1)(i) of this section.
[FR Doc. 2013-04265 Filed 2-22-13; 8:45 am]
BILLING CODE 3510-22-P
