Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Rules and Regulations 52635 

vessels that land in Massachusetts for 

the remainder of the calendar year, or 

until additional quota becomes available 

through a transfer. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: September 4, 2008. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–20996 Filed 9–5–08; 4:15 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 080627793–81063–02] 

RIN 0648–AW81 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Monkfish 

Fishery; Framework Adjustment 6 to 

the Monkfish Fishery Management 

Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS approves and 

implements new management measures 

for the monkfish fishery recommended 

in Framework Adjustment 6 

(Framework 6) to the Monkfish Fishery 

Management Plan (FMP), which has 

been submitted jointly by the New 

England (NEFMC) and Mid-Atlantic 

Fishery Management Councils 

(Councils). This action eliminates the 

backstop provision adopted in 

Framework Adjustment 4 (Framework 

4) to the FMP, which was implemented 

in October 2007. This provision would 

have adjusted, and possibly closed, the 

directed monkfish fishery in fishing 

year (FY) 2009 if the landings in FY 

2007 exceeded the target total allowable 

catch (TTAC) by more than 30 percent. 

Given that both stocks are rebuilt 

according to the most recent assessment, 

the backstop provision is no longer 

deemed necessary. 

DATES: This rule is effective October 10, 

2008. 

ADDRESSES: Copies of the 

Environmental Assessment (EA), 

including the Regulatory Impact Review 

(RIR) and Initial Regulatory Flexibility 

Analysis (IRFA), prepared for 

Framework 6 are available upon request 

from Paul Howard, Executive Director, 

NEFMC, 50 Water Street, Newburyport, 

MA, 01950. The document is also 

available online at www.nefmc.org. 

NMFS prepared a Final Regulatory 

Flexibility Analysis (FRFA), which is 

contained in the Classification section 

of this rule. The FRFA consists of the 

IRFA, public comments and responses 

contained in this final rule, and a 

summary of impacts and alternatives 

contained in this final rule. The small 

entity compliance guide is available 

from Patricia A. Kurkul, Regional 

Administrator, Northeast Regional 

Office, National Marine Fisheries 

Service, One Blackburn Drive, 

Gloucester, MA 01930 2298, and on the 

Northeast Regional Office’s website at 

http://www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Emily Bryant, Fishery Management 

Specialist, phone (978) 281–9244, fax 

(978) 281–9135. 

SUPPLEMENTARY INFORMATION: 

Background 

The monkfish fishery is jointly 

managed by the Councils, with the 

NEFMC having the administrative lead. 

The fishery extends from Maine to 

North Carolina, and is divided into two 

management units: The Northern 

Fishery Management Area (NFMA) and 

the Southern Fishery Management Area 

(SFMA). 

Framework 6 eliminates the backstop 

provision adopted in Framework 4. This 

backstop provision would have 

adjusted, and possibly closed, the 

directed monkfish fishery in 2009 if the 

landings in FY 2007 exceeded the TTAC 

by more than 30 percent. When 

Framework 4 was implemented, the 

biological reference points indicated 

that monkfish stocks were overfished 

and overfishing was occurring. In July 

2007, the Northeast Data Poor Stocks 

Working Group (DPWG) completed and 

accepted a new stock assessment that 

indicated neither stock is overfished, 

overfishing is no longer occurring, and 

both stocks are rebuilt based on a new 

modeling approach and newly 

recommended biomass reference points. 

Framework Adjustment 5, implemented 

in May 2008, adopted the revised 

reference points recommended by the 

DPWG and implemented other measures 

that will reduce the likelihood of TTAC 

overages in FY 2008 and beyond. 

Therefore, a stock rebuilding program 

for the monkfish fishery is no longer 

necessary, nor is the backstop provision. 

For a complete discussion of Framework 

6, refer to the preamble of the proposed 

rule for this action (73 FR 39643; July 

10, 2008). 

Technical Change to Monkfish FMP 

Regulations 

This rule would have corrected the 

regulations implementing the FMP, but 

the regulatory text for the backstop 

provision has already been removed 

from the regulations. The final rule 

implementing the Standardized Bycatch 

Recording Methodology (SBRM) 

Omnibus Amendment (73 FR 4736, 

January 28, 2008) inadvertently revised 

§ 648.96(b)(5) by deleting the majority of 

regulations pertaining to the backstop 

provision introduced by Framework 4. 

In addition, the SBRM adjustment to the 

monkfish regulations added text 

referencing the annual review process at 

§ 648.96(b)(5), which is now redundant 

with the existing text under § 648.96(a). 

Therefore, this action codifies the prior 

inadvertent removal of the backstop 

regulations and removes the redundant 

text under § 648.96(b)(5) referencing the 

annual review process. This action also 

adjusts § 648.96(b)(6) for the purpose of 

removing the only remaining reference 

to the TTAC overage backstop provision 

that was added through the final rule 

implementing Framework 4. 

Comments and Responses 

The public comment period on the 

proposed rule ended on August 11, 

2008, with three comments received 

from private individuals and one 

comment from the State of Maine 

Department of Marine Resources. 

Comment 1: One commenter generally 

opposed the removal of the backstop 

provision but did not provide any 

specific comments that are relevant to 

this action. 

Response: There is no scientific or 

legal basis for the commenter’s 

statements as monkfish are not currently 

subject to overfishing, nor in an 

overfished condition, based on the best 

scientific information available. 

Additionally, since both stocks are 

rebuilt, there is no longer a stock 

rebuilding program for monkfish. As 

such, the backstop provision is no 

longer necessary. 

Comment 2: One commenter 

supported the removal of the backstop 

provision, mentioning the economic 

impact on monkfish fishermen if the 

provision were retained. 

Response: NMFS acknowledges the 

commenter’s support of this measure 

and is aware of the economic impacts 

that would occur if the backstop 

provision had been implemented. 


jlentini on PROD1PC65 with RULES
52636 Federal Register / Vol. 73, No. 176 / Wednesday, September 10, 2008 / Rules and Regulations 

Comment 3: Two commenters 

supported the removal of the backstop 

provision because of the new stock 

assessment model results. 

Response: NMFS acknowledges the 

commenters’ support of this measure 

and agrees that this measure is no longer 

necessary, given current monkfish stock 

status. 

Classification 

The Administrator, Northeast Region, 

NMFS, determined that Framework 6 is 

necessary for the conservation and 

management of the monkfish fishery 

and that it is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The FRFA prepared pursuant to 5 

U.S.C. 604(a) is included in this final 

rule. The FRFA incorporates the IRFA, 

a summary of the significant issues 

raised by the public comments in 

response to the IRFA, and NMFS’s 

responses to those comments, and a 

summary of the analyses completed to 

support the action. The preamble to the 

proposed rule included a detailed 

summary of the analyses contained in 

the IRFA, and that discussion is not 

repeated here. A copy of the EA/RIR/ 

IRFA is available from the Council (see 

ADDRESSES). 

Final Regulatory Flexibility Analysis 

Statement of Objective and Need 

A description of the reasons why this 

action is being taken, and the objectives 

of and legal basis for this final rule are 

contained in the preambles to the 

proposed rule and this final rule and are 

not repeated here. 

Summary of Significant Issues Raised in 

Public Comments 

Four comments were submitted on 

the proposed rule, but none were 

specific to the IRFA. However, one 

commenter mentioned the economic 

effects of the rule. NMFS has responded 

to this comment in the Comments and 

Responses section of the preamble to 

this final rule. No changes were made to 

the final rule as a result of that 

comment, which supported the rule. 

Description and Estimate of Number of 

Small Entities to Which the Rule will 

Apply 

The Small Business Administration 

(SBA) defines small businesses in the 

commercial fishing and recreational 

fishing sectors as firms with receipts 

(gross revenues) of up to $4.0 million 

and $6.5 million, respectively. No large 

entities participate in this fishery, as 

defined in section 601 of the RFA. 

Therefore, there are no disproportionate 

impacts between large and small 

entities. This action would only affect 

limited access monkfish vessels that fish 

in the SFMA. As of March 14, 2008, 

there were 765 limited access monkfish 

permits. Based on FY 2006 Vessel Trip 

Report records, 462 limited access 

permit holders fished in the SFMA. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

No additional reporting, 

recordkeeping, or other compliance 

requirements are included in this final 

rule. This rule does not duplicate, 

overlap, or conflict with other Federal 

rules. 

Description of the Steps Taken to 

Minimize Economic Impact on Small 

Entities 

The backstop provision was 

implemented when there were concerns 

regarding potential overfishing of 

monkfish as the FMP neared the end of 

its rebuilding period. Changes in the 

biological reference points under 

Framework 5 showed that monkfish are 

no longer overfished, and overfishing is 

not occurring. In addition, current 

population modeling indicates that 

TTAC overage levels of 30 percent 

would not change the monkfish stock 

status. In the absence of this action, the 

directed monkfish fishery would close 

in the SFMA in FY 2009, based upon 

landings in FY 2007 indicating that the 

TTAC for this area was exceeded by 41 

percent. Retaining the existing effort 

reduction measures for FY 2009, under 

the no action alternative, would have a 

negative economic impact on small 

entities, without materially aiding in the 

rebuilding of the stock. Conversely, 

under this action, restrictions on effort 

will not be required in FY 2009, thus 

avoiding a negative economic impact on 

small entities participating in the 

fishery. No other alternatives were 

considered because the purpose of the 

action is to remove a measure deemed 

unnecessary based upon best scientific 

information available. Using a trip 

model, it wasestimated that the 

proposed measure would result in 

positive or neutral changes in vessel net 

revenues, crew payments, and monkfish 

revenues in FY 2009, compared to 

taking no action, depending on whether 

or not a vessel fished in the SFMA. An 

approximate increase of 380 percent in 

monkfish net revenues was estimated 

for vessels that fish exclusively in the 

SFMA. Thus, the proposed action 

minimizes the economic impacts to 

small entities by implementing a 

measure that would avoid any 

unneccessary economic effects. 

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 small entity 

compliance guide will be sent to all 

holders of Federal limited access 

permits issued for the monkfish fishery. 

In addition, copies of this final rule and 

guide (i.e., permit holder letter) are 

available from NMFS (see ADDRESSES) 

and at the following website: http:// 

www.nero.noaa.gov. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: September 4, 2008. 

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: 

Authority: 16 U.S.C. 1801 et seq. 

■ 2. In § 648.96, paragraph (b)(5) is 

removed and reserved, and paragraph 

(b)(6) is revised to read as follows: 

§ 648.96 Monkfish annual adjustment 

process and framework specifications. 

* * * * * 

(b) * * * 

(6) Management measures for FY 

2010 and beyond. If a regulatory action 

is not implemented to establish 

management measures for the monkfish 

fishery for FY 2010 or subsequent years, 

the management measures in effect 

during FY 2009 (i.e., trip limits and 

DAS allocations) shall remain in effect. 

* * * * * 

[FR Doc. E8–21019 Filed 9–9–08; 8:45 am] 

BILLING CODE 3510–22–S 


jlentini on PROD1PC65 with RULES