[Federal Register Volume 73, Number 176 (Wednesday, September 10, 2008)]
[Rules and Regulations]
[Pages 52635-52636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21019]


-----------------------------------------------------------------------

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 Sec.  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 Sec.  648.96(b)(5), which is now redundant with the existing 
text under Sec.  648.96(a). Therefore, this action codifies the prior 
inadvertent removal of the backstop regulations and removes the 
redundant text under Sec.  648.96(b)(5) referencing the annual review 
process. This action also adjusts Sec.  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.

[[Page 52636]]

    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.

0
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.

0
2. In Sec.  648.96, paragraph (b)(5) is removed and reserved, and 
paragraph (b)(6) is revised to read as follows:


Sec.  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