[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Proposed Rules]
[Pages 52519-52521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14712]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 060823223-6223-01; I.D. 072706B]
RIN 0648-AT63
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Tilefish
Fishery; Proposed Total Allowable Landings
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes a change to the annual total allowable landings
(TAL) for the tilefish fishery. The Mid-Atlantic Fishery Management
Council (Council) met in May 2006 and recommended an increase in the
TAL from 905 mt to 987 mt. This recommendation is, in part, a result of
positive findings from the 2005 tilefish stock assessment that
concluded that the tilefish stock is not overfished and overfishing is
not occurring. This action complies with the Fishery Management Plan
for the Tilefish Fishery (FMP).
DATES: Comments must be received no later than 5 p.m., eastern standard
time, on September 21, 2006.
ADDRESSES: Copies of supporting documents, including the Regulatory
Impact Review (RIR) and Initial Regulatory Flexibility Analysis (IRFA)
are available from Daniel Furlong, Executive Director, Mid-Atlantic
Fishery Management Council, Room 2115, Federal Building, 300 South New
Street, Dover, DE 19904-6790. A copy of the RIR/IRFA is accessible via
the Internet at http://www.nero.noaa.gov/nero/regs/com.html.
Written comments on the proposed specifications may be submitted by
any of the following methods:
Mail: Patricia A. Kurkul, Regional Administrator,
Northeast Region, NMFS, One Blackburn Drive, Gloucester, MA 01930-2298.
Mark on the outside of the envelope: ``Comments on Tilefish Proposed
Specifications.''
Fax: (978) 281-9135.
E-mail: [email protected]. Include in the subject line of
the e-mail the following document identifier: ``Comments on Tilefish
Proposed Specifications.''
[[Page 52520]]
Federal e-Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Brian R. Hooker, Fishery Policy
Analyst, 978-281-9220.
SUPPLEMENTARY INFORMATION: Regulations implementing the FMP appear at
50 CFR part 648, subparts A and N. The FMP (section 1.2.1.2) states
that, after a ``benchmark'' stock assessment, conducted at the
Northeast Fisheries Science Center (NEFSC) sponsored stock assessment
workshop (SAW), and subsequent review by the stock assessment review
committee (SARC), from which the biological reference points for
tilefish could change, a change in the TAL may be warranted. The 41st
SAW met in June 2005, assessed the tilefish stock, and concluded that
the stock is not overfished and overfishing is not occurring. Fishing
mortality in 2004 was estimated to be 87 percent of Fmsy,
and total biomass in 2005 was estimated to be 72 percent of
Bmsy. Stock biomass in 2005 was above that projected for
2005 in the 1998 assessment (59 percent of Bmsy). However,
the SAW also concluded that high variability exists in the terminal
year ratio estimates and they were considered too uncertain to form the
basis for evaluating likely biomass recovery schedules relative to the
biomass level that would produce maximum sustainable yield
(Bmsy) under various TAL strategies.
As a result of the findings from the 41st SAW, the Council convened
the Tilefish Monitoring Committee in April 2006 to consider the results
of the stock assessment and make recommendations to the Council's
Tilefish Committee. At the Council's May 3, 2006, meeting the Tilefish
Monitoring Committee recommended to the Council's Tilefish Committee
that a slight increase in the TAL was justified. Based on this
recommendation, the Council recommended to NMFS that the annual TAL be
increased from 905 mt to 987 mt live (whole) weight, beginning with the
2007 fishing year, which starts November 1, 2006.
The FMP established a constant harvest strategy, with a 50-percent
probability of achieving the Bmsy target, over a 10-year
rebuilding period. Thus, the proposed TAL, if implemented, would remain
in place through the remainder of the rebuilding period (ending October
31, 2011) unless otherwise superseded by an amendment to the FMP, or
unless the results of the next tilefish stock assessment (currently
scheduled for fall 2008 or spring 2009) warrant other action. The
proposed 987 mt (2.175 million lb) TAL represents a 9-percent increase
above the current 905 mt (1.995 million lb) TAL. In evaluating the
proposed TAL, the Tilefish Monitoring Committee considered that the
fishery has been operating at, or near, this level since the
implementation of the FMP. This was primarily a result of an accounting
error by which the quota was erroneously monitored by landed (gutted)
weight instead of live (whole) weight as specified in the FMP. This
error was corrected in May 2005, at which time the conversion factor of
1.09 was applied to the landed weight to determine the amount of quota
harvested.
The percentage distribution of the TAL to the four tilefish permit
categories would remain unchanged under this rule. The FMP dictates
that the TAL be divided between the three limited access tilefish
permit categories after the TAL is reduced by 5-percent to account for
incidental tilefish landings (open-access incidental permit category)
as follows: Sixty-six percent to Full-time Tier 1; 15 percent to Full-
time Tier 2; and 19 percent to Part-time vessels. The allocation of the
proposed TAL increase to the tilefish permit categories are presented
in Table 1. These quotas may be adjusted by the Regional Administrator
due to quota overages that occur in the previous fishing year.
Table 1. Proposed Tilefish Total Allowable Landings by Permit Catgory
Current TAL Proposed TAL
905 mt (1.995 987 mt (2.175
Permit Category million lb) million lb)
Lb Kg\1\ Lb Kg\1\
Full-time 1,250,980 567,435 1,364,329 618,849
Tier 1
(A)
Full-time 284,313 128,962 310,075 140,648
Tier 2
(B)
Part-time 360,130 163,352 392,761 178,153
(C)
Incidental 99,759 45,250 108,798 49,350
Catch
\1\ Kg are converted from lb, and may not necessarily add exactly due to
rounding.
Classification
This action is authorized by 50 CFR part 648 and has been
determined to be not significant for purposes of Executive Order 12866.
Pursuant to 5 U.S.C. 603, an IRFA has been prepared that describes
the economic impacts that this proposed rule, if adopted, would have on
small entities. A description of the reasons why this action is being
considered, as well as the objectives of and legal basis for this
proposed rule is found in the preamble of this proposed rule. There are
no Federal rules that duplicate, overlap, or conflict with this
proposed rule. This action proposes to increase the tilefish TAL from
905 mt to 987 mt for the remainder of the FMP rebuilding period, which
ends October 31, 2011.
Description and Estimate of the Number of Small Entities to Which this
Proposed Rule Would Apply
The Small Business Administration (SBA) defines a small commercial
fishing entity as a firm with gross receipts not exceeding $4.0
million. No firms participating in the tilefish fishery reported gross
receipts exceeding $4.0 million and are thus all considered small
entities. Total ex-vessel value for the entire tilefish fishery ranged
from $2.5 to $4.9 million over the 1996 to 2005 period. A total of 31
vessels are eligible to participate in the directed tilefish limited
access fishery. Approximately 2,000 vessels are issued the open access
tilefish Incidental Catch permit on an annual basis. In 2005, all
permitted vessels in the Full-time Tier 1 permit category landed
tilefish, while only 40 percent (2 vessels) of the permitted vessels in
the Full-time Tier 2 category and 35 percent (8 vessels) of the
permitted vessels in the part-time category landed tilefish that year.
In addition, approximately 142 vessels landed tilefish under the
Incidental Catch permit category in 2005. Thus, the vast majority of
the tilefish landings in 2005 (approximately 90 percent) came from
vessels permitted to participate in the limited access fishery.
[[Page 52521]]
Economic Impacts of this Proposed Action
The proposed 9-percent quota increase could have a small benefit to
the fishing industry due to the increased TAL and thus, the additional
opportunity to harvest tilefish. In general, there is not a direct
relationship between the amount of fish landed and the price, but if
one did assume a direct relationship, then the 2005 average price per
pound of $2.48 would be worth an additional $448,332 per year for the
180,779 lb (82 mt) increase in tilefish quota proposed under this
action. Using the 2005 price per pound, this could potentially amount
to an additional $2 million over the 5 years remaining in the
rebuilding period. However, because of the accounting error that
resulted in the quota being monitored as landed (gutted) weight rather
than live (whole) weight, as the FMP specified between November 1,
2001, and May 2005, the expected revenue increase would only be
applicable for the period after the accounting error was corrected. The
correction of the accounting error equates to a 9-percent reduction in
available tilefish quota.
Economic Impacts of Alternatives to the Proposed Action
The Council analyzed two tilefish quota alternatives in addition to
the preferred alternative. The alternatives are as follows: The
preferred alternative of a 9-percent increase in TAL; a second
alternative representing a 5-percent increase in TAL; and a third
alternative representing the no-action alternative (status quo). The
second alterative could have a small benefit to the fishing industry,
as potentially as much as 99,208 lb (45 mt) more landings of tilefish
could occur due to the increase in quota. As stated previously, there
is not a direct relationship between the amount of fish landed and the
price, but if one did assume a direct relationship, then the 2005
average price per pound of $2.48 would be worth an additional $248,000
per year for the additional 99,208 lb (45 mt) increase in the quota
under this alternative. Using the 2005 price per pound, this would
represent a potential $1.24-million increase in ex-vessel price over
the 5 years remaining in the rebuilding period. This increase would be
applicable for the period after the accounting error was corrected in
May 2005.
The third alternative would maintain the status quo (since May
2005) quota for the remainder of the stock rebuilding period.
Implementation of the third alternative would be expected to maintain
status quo conditions for rebuilding the resource and result in no
changes to tilefish fishing revenues since May 2005. However, if viewed
over the entire period since the implementation of the FMP (November 1,
2001), the tilefish industry average revenues could decline under the
status quo alternative, since they would no longer be permitted to
harvest at the level experienced prior to the correction of the
accounting error.
Reporting and Recordkeeping Requirements
This proposed rule would not impose any new reporting,
recordkeeping, or other compliance requirements. Therefore, the costs
of compliance would remain unchanged.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 31, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E6-14712 Filed 9-5-06; 8:45 am]
BILLING CODE 3510-22-S