Fisheries of the Northeastern United States; Monkfish; Amendment 5, 30265-30276 [2011-12979]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Rules and Regulations]
[Pages 30265-30276]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12979]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 090225241-1233-03]
RIN 0648-AX70


Fisheries of the Northeastern United States; Monkfish; Amendment 
5

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This final rule implements measures that were approved in 
Amendment 5 to the Monkfish Fishery Management Plan (FMP). The New 
England and Mid-Atlantic Fishery Management Councils (Councils) 
developed Amendment 5 to bring the FMP into compliance with the annual 
catch limit (ACL) and accountability measure (AM) requirements of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). This rule establishes the mechanisms for specifying ACLs 
and AMs and sets the annual catch target (ACT) and associated measures 
for days-at-sea (DAS) and trip limits for the Southern Fishery 
Management Area (SFMA). NMFS disapproved the proposed ACT, and 
associated measures, for the Northern Fishery Management Area (NFMA) on 
the grounds that they are not consistent with the most recent 
scientific advice. This final rule implements three additional 
Amendment 5 management measures to promote efficiency and reduce waste, 
brings the biological and management reference points in the Monkfish 
FMP into compliance with recently revised National Standard 1 (NS1) 
Guidelines, and makes one correction to the monkfish weight conversion 
factors.

DATES: Effective May 25, 2011.

ADDRESSES: An environmental assessment (EA) prepared for Amendment 5 at 
the time of its submission by the Councils describes the proposed 
action and other considered alternatives, and provides a thorough 
analysis of the impacts of the proposed measures and alternatives. NMFS 
prepared an Addendum to the Amendment 5 EA for the purpose of analyzing 
the potential impacts of the amendment on Atlantic sturgeon. Copies of 
Amendment 5, including the EA and the Initial Regulatory Flexibility 
Analysis (IRFA), are available on request from Paul J. Howard, 
Executive Director, New England Fishery Management Council (NEFMC), 50 
Water Street, Newburyport, MA 01950. Copies of the Addendum to 
Amendment 5 are available from Patricia A. Kurkul, Regional 
Administrator, NMFS, 55 Great Republic Drive, Gloucester, MA 01930. 
These documents are also available online at https://www.nefmc.org.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to the Northeast Regional Office of NMFS at 
55 Great Republic Drive, Gloucester, MA 01930, and by e-mail to OIRA_Submission@omb.eop.gov, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Allison McHale, Fishery Policy 
Analyst, (978) 281-9103; fax: (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    This final rule implements approved measures in Amendment 5, which 
was partially approved by NMFS on behalf of the Secretary of Commerce 
(Secretary) on April 28, 2011. A proposed rule to implement the 
measures in Amendment 5 published in the Federal Register on March 3, 
2011 (76 FR 11737), with public comment accepted through April 4, 2011. 
Details concerning the development of Amendment 5 were contained in the 
preamble of the proposed rule and are not repeated here.
    A recent assessment of the monkfish resource was conducted during 
the first half of 2010 by the 50th Stock Assessment Review Committee 
(SARC 50). The full assessment report was released in August 2010 and 
can be found at https://www.nefsc.noaa.gov/publications/crd/crd1017/. 
The SARC 50 assessment concluded that both stocks are above their 
respective current biomass thresholds, and above the new biomass 
thresholds recommended by the assessment, indicating that both stocks 
are not overfished. Furthermore, the current estimated fishing 
mortality rate for each stock is below its respective fishing mortality 
threshold. Thus, overfishing is not occurring on either stock.
    The 2010 assessment panel expressed serious concerns regarding the 
high levels of scientific uncertainty in the assessment results. The 
Monkfish Assessment Summary Report for 2010 states, ``The assessment 
results continue to be uncertain due to cumulative effects of under-
reported landings, unknown discards during the 1980s, uncertainty in 
survey indices, and incomplete understanding of key biological 
parameters such as age and growth, longevity, natural mortality and 
stock structure contributing to retrospective patterns primarily in the 
northern management area.'' Unlike the Data Poor Working Group (DPWG) 
assessment conducted in 2007 (see Monkfish Assessment Summary Report at 
https://www.nefsc.noaa.gov/nefsc/publications/crd/crd0713/), the 2010 
assessment utilized projections to evaluate stock trends based on 
anticipated fishing levels. However, these projections are also 
considered highly uncertain because they are based on the outputs of 
the assessment model. Despite this uncertainty, the projections 
indicated that the NFMA is more vulnerable to overfishing or becoming 
overfished during 2011-2016 if total catches approach the acceptable 
biological catch (ABC) value of 17,485 mt in Amendment 5 that was based 
on the results of the DPWG assessment. Conversely, the SFMA was found 
to be less vulnerable based upon the ABC value of 13,326 mt in 
Amendment 5.

[[Page 30266]]

Disapproved Measure

    NMFS disapproved the proposed Amendment 5 ACT for the NFMA, and the 
specification of DAS and trip limits to achieve that ACT. The proposed 
NFMA ACT and specification of DAS and trip limits were included in 
Amendment 5 based on the recommended interim ABC, and assessments 
available at the time the amendment document was finalized by the 
Councils. Specifically, Amendment 5 proposed an ACT for the NFMA of 
10,750 mt, an allocation of 40 DAS, and trip limits of 1,250 lb (567 
kg) tail wt. per DAS for Category A and C vessels, and 800 lb (363 kg) 
tail wt. per DAS for Category B and D vessels. For the SFMA, Amendment 
5 proposed an ACT of 11,513 mt, and allocation of 28 DAS, and trip 
limits of 550 lb (249 kg) tail wt. per DAS for Category A and C 
vessels, and 450 lb (204 kg) tail wt. per DAS for Category B and D 
vessels.
    The results of SARC 50 became available after the Councils took 
final action on Amendment 5. In response to the new assessment, the New 
England Council's Scientific and Statistical Committee (SSC) revisited 
its previous ABC recommendation at a meeting in August 2010. The SSC, 
after much discussion concerning the uncertainty with the assessment 
and alternate methods for calculating ABC to account for this 
uncertainty, agreed to maintain the existing interim ABC approach it 
previously recommended. Using this interim ABC approach, the SSC 
recalculated the recommended ABCs to incorporate the results of SARC 
50. Thus, based on this recalculation using the ABC control rule 
approved in Amendment 5, the ABCs are automatically revised to be 7,592 
mt for the NFMA, and 12,316 mt for the SFMA. The result is a revised 
ABC for the NFMA that is 3,158 mt lower than the NFMA ACT of 17,485 mt 
in Amendment 5 that was calculated based on the 2007 DPWG Assessment, 
creating an inconsistency with the recalculated ABC. Based on this 
inconsistency, NMFS disapproved the DAS and trip limit specifications 
for the NFMA in Amendment 5. Disapproval of the SFMA specifications was 
not required because the recalculated ABC for the SFMA, even though 
lower than the Amendment 5 SFMA ABC of 13,326 mt, is still 803 mt 
higher than the Councils' recommended ACT for that area. Although this 
reduces the Amendment 5 recommended buffer percentage between the ACT 
and the ABC/ACL for the SFMA to only 6.5 percent, it still provides a 
sufficient buffer to account for management uncertainty in order to 
ensure that catch does not exceed the ABC/ACL for this portion of the 
fishery. Therefore, NMFS determined that the Amendment 5 SFMA 
specifications for monkfish are still consistent with Magnuson-Stevens 
Act requirements.
    Because it was too late for the Councils to revise Amendment 5 to 
reflect the new recommendations, in light of the need to get the 
amendment in place as quickly as possible in the new fishing year, the 
NEFMC initiated Framework Adjustment 7 (Framework 7) at its September 
28-30, 2010, meeting to revise the disapproved ACT for the NFMA to be 
consistent with the recalculated ABC for the NFMA, and update the 
biomass (B) reference points of Btarget and 
Bthreshold in the FMP, that were not proposed for revision 
in Amendment 5, to be consistent with the results of SARC 50. In 
Framework 7, which was approved by the Councils in February 2011, the 
Councils recommend an NFMA ACT of 6,567 mt, an allocation of 40 DAS, 
and trip limits of 1,250 lb (567 kg) tail weight per DAS for limited 
access monkfish Category A and C vessels, and 600 lb (272 kg) tail 
weight per DAS for limited access monkfish Category B and D vessels. In 
the meantime, disapproval of the NFMA specifications leaves current 
measures in effect for the NFMA until they are superseded by a revised 
ACT and specification of DAS and trip limits under Framework 7, which 
is expected to be implemented during the summer of 2011.
    The current NFMA measures, which will remain in place until 
Framework 7 is implemented, result in a lower TAL than was recommended 
by the Councils in the framework. Additionally, NFMA landings have been 
well below the TAL for the past 2 years (29 percent below in 2008, and 
33 percent below in 2009). Thus, NMFS does not expect delaying action 
on the establishment of an ACT for the NFMA would result in landings 
exceeding the ACTs being considered in Framework 7 during the 2011 
fishing year (FY), which began May 1, 2011. Because this final rule is 
being implemented after the start of FY 2011, any monkfish landings 
that occurred between May 1, 2011, and the time this final rule is 
effective will accrue against the 2011 ACT and be used to determine 
whether AMs are triggered.

Approved Measures

1. Control Rules for Establishing Biological and Management Reference 
Points

    The biological and management reference points currently in the 
Monkfish FMP are used to determine if overfishing is occurring on 
either stock (Fthreshold), if either stock is overfished 
(Bthreshold), or if either stock is rebuilt 
(Btarget). However, these reference points alone are not 
sufficient to comply with the Magnuson-Stevens Act and the recently 
updated National Standard (NS) 1 guidelines. As a result, Amendment 5 
establishes control rules to specify maximum sustainable yield (MSY), 
optimum yield (OY), overfishing level (OFL), and ABC for each monkfish 
stock, outlined as follows:
     MSY shall be expressed as the product of the fishing 
mortality threshold, (Fthreshold), and the biomass target, 
Btarget;
     OY shall be set equivalent to the ACT, which is described 
under approved measure 4 below;
     OFL shall be expressed as the product of 
Fthreshold and current exploitable biomass 
(Bcurrent);
     ABC shall be expressed as the product of the average 
exploitation rate during the recent period of stable or increasing 
trend in biomass in both management units (determined to be 1999-2006 
NFMA and 2000-2006 for SFMA) and the most recent estimate or index of 
exploitable biomass.

2. ABC, ACL, and ACT Setting Process

    This action establishes a framework for the establishment of ABCs 
and ACLs for each management area. As described under Approved Measure 
1, this action implements a control rule for establishing the ABC that 
is to be based upon information from the most recent stock assessment, 
in this case SARC 50. This ABC control rule is based upon the 
calculation method recommended and approved by the SSC. If new 
information becomes available through a stock assessment, the ABCs will 
be recalculated based upon this new information, with subsequent review 
and approval by the SSC. If the SSC concurs with this recalculation, 
the ABCs for each management area will be automatically updated, 
requiring no further action by the Councils. However, if the SSC does 
not concur with the recalculation and recommends an alternative 
approach to calculating the ABCs, the Councils would be required to 
take action through the annual or in-season framework adjustment 
process in the FMP to update the ABCs based upon the SSC's recommended 
method.
    Given that scientific uncertainty is incorporated into the 
calculation of the ABCs, as discussed under Approved Measure 3, the 
ACLs are set equivalent to the respective ABCs for each management 
area. Thus, like the ABCs, the ACLs are self-adjusting, based upon the 
best available science. Council

[[Page 30267]]

action would only be required if the SSC recommends an alternative 
method for calculating ABCs and/or ACLs for the monkfish fishery that 
differs from the control rules established in Amendment 5.
    The specification of ACTs for each management area is conducted 
independently of the ABC/ACL calculation, but considers the size of the 
buffer between the proposed ACT and calculated ACL in the context of 
management uncertainty. This action requires that ACTs be established 
for each management area at some level below the calculated ABC/ACL. 
Although the Councils recommended establishing ACTs for 3 years in 
Amendment 5, it does not require that the ACTs be revised every 3 
years. The Councils may, at any time, choose to revise the ACTs based 
on new information through either the annual review process or the 
framework adjustment process in the FMP, or specify ACTs in a future 
action for a different time period, that may be more or less than 3 
years, as determined to be appropriate based upon the stock assessment 
schedule for this species and other relevant information.

3. ACLs

    Amendment 5 requires ACLs for the two management areas to be set at 
a level equal to the SSC's recommended ABCs. Amendment 5 does not 
require a buffer between the ABC and the ACL because scientific 
uncertainty has been accounted for within the ABCs. The Councils 
determined in Amendment 5 that there was no technical basis for setting 
the ACLs for each management area below their respective ABCs. In its 
March 30, 2009, report, the SSC supported the Councils' ACL 
recommendation and noted that ``the magnitude of recent catch has low 
risk of exceeding the OFL or the proposed interim ABC'' since, in 2006, 
total catch was only 32 percent of the proposed OFL for the NFMA, and 
34 percent of the proposed OFL for the SFMA; and total catch in 2007 
was estimated by the Monkfish Plan Development Team (PDT) to be 24 
percent of the proposed OFL for the NFMA, and 31 percent of the 
proposed OFL for the SFMA. The calculated ABCs/ACLs incorporating the 
results of the 2010 stock assessment are 7,592 mt for the NFMA, and 
12,316 mt for the SFMA.

4. Proactive AM

    This final rule institutes a proactive AM that establishes ACTs for 
each management area to account for management uncertainty. In 
Amendment 5, the Councils recommended an ACT of 10,750 mt for the NFMA 
and 11,513 mt for the SFMA. This final rule implements the ACT 
recommended for the SFMA, but disapproves the ACT for the NFMA on the 
grounds that it is not consistent with the best scientific information 
available, as described under ``Disapproved Measure'' in this preamble.

5. Reactive AM

    This final rule also establishes a reactive AM that requires the 
Council to deduct, through an in-season or annual framework adjustment, 
on a pound-for-pound basis, any overage of the ACL from the ACT in the 
year following the FY in which the overage was identified. Management 
measures (i.e., DAS and trip limits) must also be adjusted, if 
necessary, to ensure the revised ACT is not exceeded. For example, if 
overage of the 2011 ACL for the NFMA is determined to have occurred 
upon review of final 2011 landings sometime during FY 2012, the 
Councils would adjust the ACT and develop revised management measures 
for implementation during FY 2013.
    Under this reactive AM, the Councils are responsible for assessing 
annual landings in relation to the ACL, and adjusting the ACT and 
associated management measures as required. However, if the Councils 
fail to take action, the Regional Administrator has the authority to 
adjust the ACT, and implement revised DAS and/or trip limits.

6. Specification of DAS and Trip Limits

    This final rule specifies a DAS allocation and trip limits only for 
the SFMA because the ACT for the NFMA was disapproved. As stated 
previously in this preamble, the FY 2010 DAS allocation and trip limits 
for the NFMA will remain in effect until an updated ACT and associated 
DAS and trip limits are established through Framework 7, which is 
scheduled for implementation during the summer of 2011. The DAS 
allocation and trip limits for the SFMA recommended by the Councils in 
Amendment 5 and being implemented in this final rule are 28 DAS, and 
trip limits of 550 lb (249 kg) tail wt. per DAS for Category A and C 
vessels, and 450 lb (204 kg) tail wt. per DAS for Category B, D, and H 
vessels.

7. Automatic DAS Adjustment for Trip Limit Overage

    This final rule implements a measure that allows vessels to land up 
to the equivalent of one additional daily monkfish trip limit than 
would otherwise be authorized based on the vessel's monkfish DAS usage 
for that trip, provided the vessel notifies NMFS of the overage via 
vessel monitoring system (VMS) prior to crossing the VMS demarcation 
line, or via phone using the Agency's interactive voice response (IVR) 
system at least 1 hr prior to landing. To account for the trip limit 
overage, the vessel's monkfish DAS charge shall be increased to the 
next 24-hr period plus 1 minute. For example, if a limited access 
monkfish Category C vessel fishing in the SFMA has two monkfish trip 
limits (i.e., 1,100 lb (499 kg) tail weight) on board, but has only 
been declared into the monkfish DAS program for 15 hrs, the vessel may 
land the additional trip limit, if NMFS is properly notified. The 
vessel's monkfish DAS charge would then be adjusted from 15 hrs to 24 
hrs and 1 minute.
    In order to effectively implement this provision, NMFS has added a 
form to the VMS system that a vessel operator would complete and send 
to NMFS prior to crossing the VMS demarcation line on the vessel's 
return to port. With respect to recommendation in Amendment 5 that 
vessels not equipped with a VMS unit call-in a trip limit overage when 
outside the VMS demarcation line, NMFS recognizes that it may not be 
feasible for all vessels to provide a call-in notification via cell 
phone when outside the VMS demarcation line. Accordingly, in this final 
rule, NMFS, pursuant to its Magnuson-Stevens Act section 305(d) 
authority revises the Councils' recommendation by requiring vessels 
without VMS to notify NMFS of the trip limit overage by calling into 
the IVR system at least 1 hour prior to landing.

8. Authorization To Land Monkfish Heads

    This final rule implements a measure that authorizes the landing of 
monkfish heads separately from the body by listing monkfish heads as an 
authorized product form under Sec.  648.94(a), and establishing an 
appropriate head-to-total weight conversion factor to aid enforcement 
of the daily trip limits. Vessels may land monkfish heads separate from 
the body, provided the total weight of heads does not exceed the 
appropriate total weight of tails on board (see ``Technical Amendment'' 
below for details on the conversion factors).

9. Allow Changes to Monkfish Research Set-Aside (RSA) Program via 
Framework Action

    This final rule authorizes changes to be made to this RSA program 
through a framework adjustment in order to make necessary improvements 
to this program in a timelier manner. The Councils are

[[Page 30268]]

still required to conduct the necessary environmental analysis under 
the National Environmental Policy Act (NEPA), and to comply with other 
applicable laws when developing a framework adjustment for this 
purpose.

10. Amendments

    This final rule includes, under Magnuson-Stevens Act section 305(d) 
authority, an amendment that adjusts the conversion factor for whole 
monkfish to reflect how monkfish are actually landed. Previously, whole 
monkfish were assumed to be landed in true whole form (i.e., live 
weight). However, current industry practice is to ``gut'' the whole 
fish (i.e., remove the stomach, liver, and other entrails) at sea, and 
land in this form. The current tail-to-whole-weight conversion factor 
for monkfish is 3.32. However, a more accurate tail-to-whole-weight 
(landed) conversion factor is 2.91, which reflects the conversion to a 
monkfish that still has its head attached, but its guts removed. This 
technical correction to the conversion factor results in a reduction in 
the whole-weight equivalent trip limit, but not to the tail-weight trip 
limit, which is the value recommended by the Councils. Additionally, 
this changes the monkfish heads conversion factor proposed by the 
Councils from 2.32 to 1.91 to be consistent with this corrected 
conversion factor.
    In addition to the above amendment, this final rule also removes 
the letter of authorization (LOA) requirement at Sec.  
648.92(b)(1)(iii) for vessels fishing in the NFMA with a VMS unit since 
this requirement was removed from the general area declaration 
requirements at Sec.  648.94(f) in the final rule implementing 
Framework Adjustment 5 to the Monkfish FMP (73 FR 22831; April 28, 
2008).
    This final rule also clarifies the meeting requirements for 
framework adjustments with respect to this joint FMP to reflect that 
one framework meeting must be held by each of the two Councils, versus 
one framework meeting overall.
    Finally, this final rule updates the specification and framework 
adjustment processes for the Monkfish FMP to include procedures for 
specifying ACLs and AMs.

Comments and Responses

    Four comments were received on the proposed rule and the amendment, 
from three individuals (one individual commented separately on both the 
proposed rule and the amendment). Two commenters did not support the 
amendment, while the third commenter did not express specific support 
or lack thereof for the amendment, but focused on the need for a 
broader approach to fishery management.
    This section summarizes the principal comments in the individual 
comment letters that pertained to Amendment 5 and the proposed rule, 
and NMFS's response to those comments. Any comments received that were 
not specific to the management measures in the Amendment 5 proposed 
rule, or in the amendment document, are not addressed in this final 
rule.
    Comment 1: An individual stated that the management measures in 
Amendment 5 are not sufficiently restrictive enough to protect the 
resource for future generations.
    Response: To the extent that the comment addresses the NMFA, NMFS 
has concluded that the NMFA measures are not consistent with the most 
recent stock assessment (SARC 50) and most recent recommendations by 
the SSC of the ABC/ACL for the NFMA. As more fully explained in the 
above preamble, NMFS, therefore, has disapproved the specification of 
an ACT and associated DAS and trip limits for the NMFA. Proposed 
Framework 7 is intended to implement more restrictive specifications to 
be consistent with the newest assessment and ABC recommendations. In 
the meantime, the current measures will roll over until Framework 7 is 
implemented. These measures result in a TAL that is more restrictive 
than that recommended by the Councils in Framework 7, and, therefore, 
is considered to be consistent with new recommendations for the ABCs/
ACLs for the northern area of this fishery. The other management 
measures in Amendment 5 include new provisions and control rules for 
establishing biological and management reference points, including ACLs 
and AMs aimed at preventing overfishing from occurring in this fishery, 
and for the SFMA, the ACT and associated management measures to not 
exceed the ACL. These other management measures are based on the best 
scientific advice available, which indicates that both monkfish stocks 
are not overfished, and overfishing is not occurring. Thus, NMFS 
considers the management measures in Amendment 5, including the 
specifications for the SFMA, and the rollover measures for NMFA, to be 
sufficiently restrictive to prevent overfishing, but retain sufficient 
flexibility to help the fishery achieve OY, as required by NS 1 of the 
Magnuson-Stevens Act.
    Comment 2: The same individual who expressed opposition to the 
measures in Amendment 5 also commented on the type of NEPA document 
prepared for this amendment, stating that an Environmental Impact 
Statement (EIS) should have been prepared versus an EA, given the 
negative environmental effect that would result from this action.
    Response: NMFS disagrees with the commenter's assertion that an EIS 
should have been prepared for this action. Although the commenter made 
only a general reference to the need to prepare an EIS for this action, 
in light of similar comments received on Framework 45 to the Northeast 
Multispecies FMP concerning the impacts of that action on Atlantic 
sturgeon, which is proposed for listing under the Endangered Species 
Act (ESA), NMFS is proving additional information in its response to 
this comment explaining why this action will not have a significant 
impact on Atlantic sturgeon; thus obviating the need for an EIS.
    Subsequent to the submission of Amendment 5 by the NEFMC on 
September 20, 2010, NMFS published two Federal Register notices on 
October 6, 2010 (75 FR 61872 and 75 FR 61904) that proposed listing 
five distinct population segments (DPS) of Atlantic sturgeon under the 
ESA along the U.S. East Coast as either threatened or endangered. As 
such, the Amendment 5 EA, as submitted, did not include information on 
the proposed listing for this species, relevant information pertaining 
to the biology of this species and rationale for the proposed listing. 
Additionally, it did not specifically consider the potential impacts of 
the management measures in Amendment 5 on Atlantic sturgeon. As a 
result, NMFS prepared an Addendum to the Amendment 5 EA that 
incorporates pertinent biological information on Atlantic sturgeon, the 
proposed listing, and updated bycatch estimates in both otter trawl and 
sink gillnet fisheries for the purpose of assessing the impacts of this 
action on Atlantic sturgeon. Although NMFS asserts that the measures in 
Amendment 5 will not result in a jeopardy determination or any 
significant adverse impacts for Atlantic sturgeon between the effective 
date of this action and when a final listing determination is expected 
to made in October 2011, there is insufficient information to make a 
determination of no jeopardy or adverse impact for the entire FY 2011, 
and beyond. As such, in conjunction with the partial approval of 
Amendment 5, NMFS will initiate a Monitoring and Action Plan that 
consists of the steps NMFS will take to mitigate the impacts of the 
monkfish fishery on Atlantic sturgeon from October 2011 through FY

[[Page 30269]]

2013 to avoid significant impacts to Atlantic sturgeon from the 
monkfish fishery. Thus, based upon the analysis contained in the EA 
prepared for Amendment 5 and the addendum prepared by NMFS, this action 
will not result in any significant environmental effects, which is the 
basis for triggering an EIS under NEPA.
    Comment 3: One commenter expressed opposition to the amendment on 
the grounds that it would result in reductions to DAS and trip limits.
    Response: This comment seems to be based on a misunderstanding of 
the management measures in Amendment 5. This action retains the trip 
limits currently in effect for the SFMA, but increases the DAS 
allocations for vessels fishing in this area from 23 monkfish DAS to 28 
monkfish DAS. Although the ACT and associated DAS and trip limits for 
the NFMA are disapproved, the current DAS and trip limits remain in 
effect for that area until modified by a future action such as 
Framework 7. Thus, this action would not result in reductions in DAS or 
trip limits for either management area. Additionally, this action 
contains two measures aimed at increasing efficiency and reducing waste 
(i.e., discards): 1) The automatic DAS adjustment for a trip limit 
overage; and 2) the authorization to land monkfish heads.
    Comment 4: The third commenter did not comment specifically on 
Amendment 5 or its associated management measures, but focused on the 
need for a broader approach to fishery management versus focusing 
management on a single species like monkfish.
    Response: NMFS agrees that a broader approach to fishery management 
may have benefits, and has been exploring an ecosystem approach to 
fishery management for several years. However, ecosystem models are 
still being developed and require data from multiple sources that may 
not yet exist in a usable or consistent form. Monkfish is considered a 
data poor species because basic information on life history parameters 
is minimal or lacking. Thus, incorporating monkfish into larger 
ecosystem models that are currently under development is unlikely to 
occur in the near future; however, NMFS remains confident that the 
management measures implemented in this action are consistent with the 
best available scientific information on the monkfish resource.

Changes From the Proposed Rule

    1. In Sec.  648.92(b), the proposed changes to paragraphs (1)(i), 
(iv) and (v); and (2)(i) are not included in this final rule due to the 
disapproval of the NFMA ACT and associated DAS and trip limits. 
Additionally, paragraph (b)(1)(ii) is modified to reflect that the 
current coastwide DAS allocation of 31 DAS will remain in effect.
    2. In Sec.  648.94(a), the introductory sentence has been revised 
to clarify that vessels may not possess or land only monkfish heads, 
but that any monkfish heads possessed or landed must correspond to an 
appropriate amount of tails.
    3. In Sec.  648.94(b)(1)(ii), the monkfish possession limit for 
Category B and D vessels fishing in the NFMA is changed from 800 lb 
(363 kg) tail weight per DAS to 470 lb (213 kg) tail weight per DAS to 
reflect the disapproval of the revised trip limits in Amendment 5 in 
this final rule.
    4. In Sec.  648.96(c), the ABC and ACL setting process has been 
revised to more clearly reflect the intent of the Councils in Amendment 
5 to establish these reference points based upon an automated 
calculation method, approved by the SSC, that utilizes the best 
available science.

Classification

    The Administrator, Northeast Region, NMFS, determined that 
Amendment 5 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 (E.O.) 12866.
    The Councils prepared an EA for Amendment 5. In addition, NMFS 
prepared an Addendum to Amendment 5 to analyze the potential impacts of 
the amendment on Atlantic sturgeon. Based on the analysis contained in 
the EA and the Addendum, the Assistant Administrator (AA) concluded 
that, based on the monitoring and action plan to mitigate impacts on 
Atlantic sturgeon, there will be no significant impact on the human 
environment as a result of this rule. A copy of the EA, as prepared by 
the Councils, is available from the Councils and a copy of the Addendum 
is available from Northeast Regional Office of NMFS (see ADDRESSES).
    Pursuant to 5 U.S.C. 553(d), NMFS finds good cause to waive the 
delay in effectiveness requirement because such a delay is contrary to 
the public interest and unnecessary.
    The purpose of this rule is to improve the overall management of 
the monkfish fishery by establishing measures in the form of ACLs and 
AMs aimed at preventing overfishing. Additionally, this rule 
establishes measures intended to promote efficiency and reduce waste in 
the monkfish fishery. Specifically, this rule authorizes the landing of 
monkfish heads separately from the body, which was previously 
prohibited; and allows a limited access monkfish vessel to land one 
additional day's worth of monkfish than would otherwise be authorized 
based on its DAS usage, and adjust the DAS charged to the vessel to 
account for the trip limit overage. Delaying this rule's effectiveness 
may result in economic harm to vessels that must currently land their 
monkfish in whole form, and process the fish into heads and tails for 
separate markets upon landing, or discard the monkfish heads at sea, 
both of which are practices that increase waste and reduce the economic 
yield from the monkfish resources. Further, delaying the effectiveness 
of this rule may result in social and economic harm by continuing to 
require vessels to spend enough time at sea to fully account for their 
monkfish catch on board. Under this current practice, vessel safety is 
compromised by staying at sea in potentially unsafe weather conditions 
solely to ensure that their monkfish DAS charge corresponds to the 
monkfish catch on board. Thus, delaying the effective date of this 
final rule would undermine its intent and result in undue harm to 
vessels by delaying the implementation of measures intended to promote 
safety and efficiency, and reduce waste in the monkfish fishery. 
Moreover, even if this rule is effective immediately, the regulated 
entities need not come into immediate compliance. They can continue 
their current practices and remain in compliance with the new 
regulations. Because the 30-day delay in effectiveness of this rule is 
contrary to the public interest, pursuant to 5 U.S.C. 553(d), the AA 
finds good cause to waive the 30-day delay in effective date.
    NMFS, pursuant to section 604 of the Regulatory Flexibility Act 
(RFA), has prepared a Final Regulatory Flexibility Analysis (FRFA) in 
support of Amendment 5. The FRFA incorporates the IRFA, a summary of 
the significant issues raised by the public comments in response to the 
IRFA, NMFS's responses to those comments, relevant analyses contained 
in the Framework and its EA and a summary of the analyses completed to 
support the action in this rule. A copy of the analyses done in the 
Framework and EA is available from the Councils (see ADDRESSES). A 
summary of the IRFA was published in the proposed rule for this action 
and is not repeated here. A description of why this

[[Page 30270]]

action was considered, the objectives of, and the legal basis for this 
rule is contained in the preamble to the proposed rule and this final 
rule and is not repeated here.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Proposed Rule as a Result of Such 
Comments

    Four comments were received on the proposed rule and the amendment. 
However, none of these comments were specific to the IRFA or of 
Amendment 5 more generally.

Description and Estimate of Number of Small Entities to Which the Final 
Rule Will Apply

    The Small Business Administration (SBA) considers commercial 
fishing entities (NAICS code 114111) to be small entities if they have 
no more than $4 million in annual sales, while the size standard for 
charter/party operators (part of NAICS cod 487210) is $7 million in 
sales. Based on 2005-2007 average conditions, median gross sales by 
commercial fishing vessels were just over $200,000, and no single 
fishing entity earned more than $2 million. For regulated charter/party 
operators, the median value of gross receipts from passengers was just 
over $9,000, and did not exceed $500,000 in any year during 2001 to 
2007. The vessels in the Atlantic sea scallop fishery are considered 
small business entities because all of them grossed less than $3 
million according to the dealer's data for FYs 1994 to 2009, consistent 
with analyses under the RFA for recent scallop actions. Although 
multiple vessels may be owned by a single owner, available tracking of 
ownership is not readily available to reliably ascertain affiliated 
entities. Therefore, for the purposes of this analysis, each permitted 
vessel is treated as a single small entity and is determined to be a 
small entity under the RFA. Accordingly, there are no differential 
impacts between large and small entities under this final rule.
    The management measures in Amendment 5 have the potential to affect 
all federally permitted monkfish vessels that are actively 
participating in the fishery. As of September 2009, there were 758 
limited access monkfish permit holders and 2,156 open access permit 
holders. Of these, 573 limited access permit holders (76 percent) 
actively participated in the monkfish fishery during FY 2008, while 
only 504 open access permit holders (23 percent) actively participated 
in the fishery during this time period. Thus, this action is expected 
to impact at least 1,077 currently active monkfish permit holders.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    The only Amendment 5 measure that requires either new or revised 
reporting and recordkeeping requirements is the provision enabling 
vessels to land up to the equivalent of one additional daily monkfish 
trip limit than would otherwise be authorized based on the vessel's 
monkfish DAS usage for that trip, provided the vessel notifies NMFS of 
the overage via vessel VMS prior to crossing the VMS demarcation line, 
or via phone using the Agency's IVR call-in system at least 1-hr prior 
to landing. Although this action introduces a new reporting requirement 
under OMB Control Number 0648-0202, this new requirement will not 
affect the overall reporting burden associated with the existing VMS 
and IVR call-in notification requirements authorized under this OMB 
Control number. As such, formal Paperwork Reduction Act (PRA) clearance 
through OMB is not required. There are no other compliance requirements 
associated with this final rule implementing Amendment 5.
    This final rule does not duplicate, overlap, or conflict with other 
Federal rules.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    All of the approved management measures in Amendment 5 being 
implemented through this final rule either provide for increased 
fishing opportunities, increase flexibility and promote efficiency 
within the fishery, or reduce waste associated with regulatory 
discards. In terms of increased fishing opportunities, this action 
increases the annual DAS allocation to vessels operating in the SFMA 
from 23 DAS to 28 DAS. With regard to increased flexibility and 
efficiency, this action implements a measure that will allow limited 
access monkfish vessels to land one additional monkfish trip limit 
beyond what their DAS usage for that trip would normally allow, and 
have their DAS adjusted to account for the additional trip limit. Not 
only does this measure increase flexibility and efficiency by allowing 
vessels to return to port sooner than they would otherwise be 
authorized, reducing operating costs and time at sea, it helps to 
reduce regulatory discards by enabling vessels to land up to another 
day's worth of monkfish to account for any additional fish caught in 
their nets. Finally, this action will authorize vessels to land 
monkfish heads separately from the body, which was previously 
prohibited under the FMP. Previously, vessels that intended to sell 
their monkfish heads to a separate market than the tails were required 
to land their monkfish whole, and separate the heads from the body 
after landing. This action amends the Monkfish FMP to allow the landing 
of monkfish heads separately from the body, and implements an 
appropriate conversion factor to ensure compliance with the landing 
limits. Therefore, by implementing management measures that increase 
fishing opportunities, increase flexibility and efficiency, and reduce 
waste, NMFS has taken the steps necessary to minimize the impacts of 
this action on small entities consistent with the stated objectives of 
applicable statutes. Further, by disapproving the specification of the 
NMA ACT and associated DAS and trip limits, NMFS is preventing 
overfishing since the NFMA ACT recommended by the Councils is 42 
percent higher than the recalculated ABC that is based upon the most 
recent scientific advice. Thus, although disapproving the NFMA leaves 
more restrictive management measures in effect than those proposed in 
Amendment 5, it prevents long-term economic losses resulting from the 
need to implement even more restrictive management measures in the 
future if overfishing were to occur as a result of implementing the 
Council's proposed action, which is inconsistent with the best 
scientific information available.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, a letter to permit holders that also serves as 
small entity compliance guide (the guide) was prepared. Copies of this 
final rule are available from the NMFS Northeast Regional Office, and 
the guide, i.e., permit holder letter, will be sent to all holders of 
permits for the monkfish fishery. The guide and this final rule will be 
available upon request, and posted on the Northeast Regional

[[Page 30271]]

Office's Web site at https://www.nero.noaa.gov.
    This final rule contains a collection-of-information requirement 
subject to the PRA and which has been approved by OMB under control 
number 0648-0202. Public reporting burden for monkfish trip limit 
overage notification requirement is estimated to average 30 seconds per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. These 30 
seconds are included within the total 2-minute estimated response time 
for the DAS call-in notification requirement, but will be additional 
for vessels using the VMS procedure. Furthermore, this action is 
expected to reduce the total number of monkfish trips for vessels that 
take advantage of this new measure since they will be using their 
monkfish DAS at a higher rate in exchange for being able to land more 
monkfish on a given trip. As such, although this action adds a new 
reporting requirement, it will not change the overall reporting burden 
associated with the existing VMS and call-in notification requirements 
authorized under OMB Control Number 0648-0202. Send comments regarding 
these burden estimates or any other aspect of this data collection, 
including suggestions for reducing the burden, to NMFS (see ADDRESSES) 
and by e-mail to OIRA_Submission@omb.eop.gov, or fax to 202-395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number.
    An informal consultation under the ESA was concluded for the 
measures proposed in Amendment 5 on March 4, 2011. The measures in 
Amendment 5 are not expected to modify the fishery in a manner that 
would cause impacts to species listed under the ESA that were not 
otherwise considered in the last biological opinion conducted for this 
fishery on October 29, 2010. As a result of the informal consultation, 
NMFS has determined that fishing activities conducted under this rule 
do not meet the need to reinitiate formal consultation. The measures in 
Amendment 5 fall within the scope of consultations on previous Monkfish 
FMP actions. None of these measures are expected to result in the 
addition of adverse impacts to current ESA-listed cetaceans, sea 
turtles, and fish species which would change the basis for the 
conclusion of the 2010 Biological Opinion for the Monkfish FMP. 
Additionally, a supplemental analysis was conducted to assess the 
impacts of Amendment 5 on Atlantic sturgeon, as presented in the 
Addendum to Amendment 5. Based upon bycatch estimates for 2006-2010, 
between 8 and 32 percent of the total annual observations of Atlantic 
sturgeon in the monkfish fishery occurred during the May to October 
timeframe. Given that interactions will most likely occur, NMFS will 
work to determine the magnitude of the effects to the species and 
whether any measures to mitigate impacts are needed, utilizing the 
conferencing procedures of the ESA.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 20, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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


0
2. In Sec.  648.4, paragraphs (a)(9)(i)(M) and (N) are removed and 
paragraph (a)(9)(ii) is added to read as follows:


Sec.  648.4  Vessel permits.

* * * * *
    (a) * * *
    (9) * * *
    (ii) Monkfish incidental catch vessels (Category E). A vessel of 
the United States that is subject to these regulations and that has not 
been issued a limited access monkfish permit under paragraph 
(a)(9)(i)(A) of this section is eligible for and may be issued a 
monkfish incidental catch (Category E) permit to fish for, possess, or 
land monkfish subject to the restrictions in Sec.  648.94(c).
* * * * *

0
3. In Sec.  648.92, paragraphs (b)(1)(ii) and (iii) are revised and 
paragraph (b)(10) is added to read as follows:


Sec.  648.92  Effort-control program for monkfish limited access 
vessels.

* * * * *
    (b) * * *
    (1) * * *
    (ii) DAS restrictions for vessels fishing in the SFMA. Limited 
access monkfish vessels may only use 28 of their 31 monkfish DAS 
allocation in the SFMA. All limited access monkfish vessels fishing in 
the SFMA must declare that they are fishing in this area through the 
vessel call-in system or VMS prior to the start of every trip. In 
addition, if a vessel does not possess a valid letter of authorization 
from the Regional Administrator to fish in the NFMA as described in 
Sec.  648.94(f), NMFS shall presume that any monkfish DAS used were 
fished in the SFMA.
    (iii) DAS declaration provision for vessels fishing in the NFMA 
with a VMS unit. Any limited access NE multispecies vessel fishing 
under a NE multispecies Category A DAS in the NFMA may change its DAS 
declaration to a monkfish DAS through the vessel's VMS unit during the 
course of the trip, but prior to crossing the VMS demarcation line upon 
its return to port or leaving the NFMA, if the vessel exceeds the 
incidental catch limit specified under Sec.  648.94(c).
    (A) Vessels that change their DAS declaration from a NE 
multispecies Category A DAS to a monkfish DAS during the course of a 
trip remain subject to the NE multispecies DAS usage requirements 
(i.e., use a NE multispecies Category A DAS in conjunction with the 
monkfish DAS) described in paragraph (b)(2)(i) of this section.
    (B) Gillnet vessels that change their DAS declaration in accordance 
with this paragraph (b)(1)(iii) are not subject to the gillnet minimum 
mesh size restrictions found at Sec.  648.91(c)(1)(iii), but are 
subject to the smaller NE multispecies minimum mesh requirements for 
gillnet vessels found under Sec.  648.80 based upon the NE Multispecies 
Regulated Mesh Area in which the vessel is fishing.
* * * * *
    (10) DAS Adjustment for Trip Limit Overage. Any limited access 
monkfish vessel, required to or voluntarily using a VMS, fishing on a 
monkfish DAS may land up to the equivalent of one additional day's 
worth of its trip limit (i.e., amount of monkfish authorized per DAS) 
than would otherwise be authorized, provided the vessel, vessel owner, 
or vessel operator notifies the Regional Administrator of the overage 
via VMS prior to crossing the VMS demarcation line. If the vessel is 
not required to be, or is not equipped with an operable VMS, the 
vessel, vessel operator, or owner must notify the Regional 
Administrator via the call-in system at least 1-hr prior to landing. 
The

[[Page 30272]]

monkfish DAS charged to the vessel will then be increased to equal a 
full 24-hr period plus 1 minute to account for the trip limit overage. 
For example, if a vessel has the equivalent of two monkfish DAS trip 
limits (based on its permit category) on board, but has only been 
declared into the monkfish DAS program for 15 hr, the vessel, vessel 
owner, or vessel operator may land fish equal to the two DAS trip 
limits only if the Regional Administrator of the overage is notified 
via VMS or the call-in system as described above. In this case, the 
monkfish DAS charged to the vessel would be adjusted from 15 hr to 24 
hr and 1 minute.
* * * * *

0
3. In Sec.  648.94, paragraphs (a), (b)(1), (b)(2)(i) and (ii), 
(b)(3)(ii)(A), (b)(4), (c)(1)-(c)(8), and (d)(2) are revised to read as 
follows:


Sec.  648.94  Monkfish possession and landing restrictions.

    (a) General. Monkfish may be possessed or landed either as tails 
only, tails with associated heads possessed separately, or in whole 
form (head on and gutted), or any combination of the three provided the 
weight of monkfish heads on board does not exceed 1.91 times the weight 
of monkfish tails on board. When any combination of tails, and whole 
fish are possessed or landed, the possession or landing limit shall be 
based on tail weight where all whole monkfish (head on and gutted) are 
converted to tail weight using the conversion factor of 2.91. For 
example, whole weight is converted to tail weight by dividing the whole 
weight by 2.91. Conversely, tail weight is converted to whole weight by 
multiplying the tail weight by 2.91. If heads only are possessed in 
combination with tails, the possession or landing limit for monkfish 
heads may not exceed 1.91 times the tail weight of fish on board, 
excluding any whole monkfish. The allowed amount of head weight is 
determined by multiplying the tail weight by 1.91. For example a vessel 
possessing 100 lb (45 kg) of tail weight may possess an additional 191 
lb (87 kg) of monkfish heads (100 x 1.91 = 191). A vessel may not 
possess heads only without possessing the equivalent weight of tails 
allowed by using the conversion factor.
    (b) * * *
    (1) Vessels fishing under the monkfish DAS program in the NFMA--(i) 
Category A and C vessels. Limited access monkfish Category A and C 
vessels that fish 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.
    (ii) Category B and D vessels. Limited access monkfish Category B 
and D vessels that fish under a monkfish DAS exclusively in the NFMA 
may land up to 470 lb (213 kg) tail weight or 1,368 lb (621 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.
    (2) Vessels fishing under the monkfish DAS program in the SFMA--(i) 
Category A, C, and G vessels. Limited access monkfish Category A, C, 
and G vessels that fish under a monkfish DAS in the SFMA may land up to 
550 lb (249 kg) tail weight or 1,601 lb (726 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.
    (ii) Category B, D, and H vessels. Limited access monkfish Category 
B, D, and H vessels that fish under a monkfish DAS in the SFMA may land 
up to 450 lb (204 kg) tail weight or 1,310 lb (594 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) of monkfish heads only, as 
described in paragraph (a) of this section.
* * * * *
    (3) * * *
    (ii) * * *
    (A) Category C, D, and F vessels. Limited access monkfish Category 
C, D, or F vessels that fish any portion of a trip under a NE 
multispecies DAS in the SFMA, and not a monkfish DAS, may land up to 
300 lb (136 kg) tail weight or 873 lb (396 kg) whole weight of monkfish 
per DAS if trawl gear is used exclusively during the trip, or 50 lb (23 
kg) tail weight or 146 lb (66 kg) whole weight per DAS if gear other 
than trawl gear is used at any time during the trip. Category C, D, and 
F vessels participating in the NE Multispecies Regular B DAS program, 
as specified under Sec.  648.85(b)(6), are also subject to the 
incidental catch limit specified in paragraph (c)(1)(ii) of this 
section. For the purpose of converting whole weight to tail weight, the 
amount of whole weight possessed or landed is divided by 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.
* * * * *
    (4) Category C, D, F, G, or H vessels fishing under the scallop DAS 
program. A Category C, D, F, G, or H vessel fishing under a scallop DAS 
may land up to 300 lb (136 kg) tail weight or 873 lb (396 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.
* * * * *
    (c) * * *
    (1) Vessels fishing under a NE multispecies DAS--(i) NFMA. Vessels 
issued a valid monkfish incidental catch (Category E) permit or a valid 
limited access Category C, D, F, G, or H permit, fishing under a NE 
multispecies DAS exclusively in the NFMA may land up to 300 lb (136 kg) 
tail weight or 873 lb (396 kg) whole weight of monkfish per DAS, or 25 
percent (where the weight of all monkfish is converted to tail weight) 
of the total weight of fish on board, whichever is less. For the 
purpose of converting whole weight to tail weight, the amount of whole 
weight possessed or landed is divided by 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.
    (ii) SFMA. If any portion of the trip by a vessel issued a monkfish 
incidental catch (Category E) permit, or issued a valid limited access 
Category G or H permit, is fished under a NE multispecies DAS in the 
SFMA, the vessel may land up to 50 lb (23 kg) tail weight or 146 lb (66 
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.
    (2) Scallop vessels fishing under a scallop DAS. A scallop vessel 
issued a

[[Page 30273]]

monkfish incidental catch (Category E) permit fishing under a scallop 
DAS may land up to 300 lb (136 kg) tail weight or 873 lb (396 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.
    (3) Vessels fishing with large mesh and not fishing under a DAS --
(i) A vessel issued a valid monkfish incidental catch limit (Category 
E) permit or a limited access monkfish permit (Category A, B, C, D, F, 
G, or H) fishing in the GOM or GB RMAs with mesh no smaller than 
specified at Sec. Sec.  648.80(a)(3)(i) and (a)(4)(i), respectively, 
while not on a monkfish, NE multispecies, or scallop DAS, may possess, 
retain, and land monkfish (whole or tails) only up to 5 percent (where 
the weight of all monkfish is converted to tail weight) of the total 
weight of fish on board. For the purpose of converting whole weight to 
tail weight, the amount of whole weight possessed or landed is divided 
by 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.
    (ii) A vessel issued a valid monkfish incidental catch (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the SNE RMA east of the MA Exemption Area boundary 
with mesh no smaller than specified at Sec.  648.80(b)(2)(i), while not 
on a monkfish, NE multispecies, or scallop DAS, may possess, retain, 
and land monkfish (whole or tails) only up to 5 percent (where the 
weight of all monkfish is converted to tail weight) of the total weight 
of fish on board, not to exceed 50 lb (23 kg) tail weight or 146 lb (66 
kg) whole weight of monkfish per day or partial day, up to a maximum of 
150 lb (68 kg) tail weight or 437 lb (198 kg) whole weight per trip. 
For the purpose of converting whole weight to tail weight, the amount 
of whole weight possessed or landed is divided by 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.
    (iii) A vessel issued a valid monkfish incidental catch (Category 
E) permit or a limited access monkfish permit (Category A, B, C, D, F, 
G, or H) fishing in the SNE RMA under a Skate Bait Letter of 
Authorization, as authorized under Sec.  648.322(c), while not on a 
monkfish, NE multispecies, or scallop DAS, may possess, retain, and 
land monkfish (whole or tails) only up to 5 percent (where the weight 
of all monkfish is converted to tail weight) of the total weight of 
fish on board, not to exceed 50 lb (23 kg) tail weight or 146 lb (66 
kg) whole weight of monkfish per day or partial day, up to a maximum of 
150 lb (68 kg) tail weight or 437 lb (198 kg) whole weight per trip. 
For the purpose of converting whole weight to tail weight, the amount 
of whole weight possessed or landed is divided by 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) A vessel issued a valid monkfish incidental catch (Category E) 
permit or a limited access monkfish permit (Category A, B, C, D, F, G, 
or H) fishing in the SNE or MA RMAs west of the MA Exemption Area 
boundary with mesh no smaller than specified at Sec.  648.104(a)(1) 
while not on a monkfish, NE multispecies, or scallop DAS, may possess, 
retain, and land monkfish (whole or tails) only up to 5 percent (where 
the weight of all monkfish is converted to tail weight) of the total 
weight of fish on board, up to a maximum of 450 lb (204 kg) tail weight 
or 1,310 lb (594 kg) whole weight of monkfish per trip, unless that 
vessel is fishing under a Skate Bait Letter of Authorization in the SNE 
RMA. Such a vessel is subject to the incidental catch limit specified 
under paragraph (c)(3)(iii) of this section. For the purpose of 
converting whole weight to tail weight, the amount of whole weight 
possessed or landed is divided by 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.
    (4) Vessels fishing with small mesh and not fishing under a DAS. A 
vessel issued a valid monkfish incidental catch (Category E) permit or 
a limited access monkfish permit (Category A, B, C, D, F, G, or H) 
fishing with mesh smaller than the mesh size specified by area in 
paragraph (c)(3) of this section, while not on a monkfish, NE 
multispecies, or scallop DAS, may possess, retain, and land only up to 
50 lb (23 kg) tail weight or 146 lb (66 kg) whole weight of monkfish 
per day or partial day, up to a maximum of 150 lb (68 kg) tail weight 
or 437 lb (198 kg) whole weight per trip. For the purpose of converting 
whole weight to tail weight, the amount of whole weight possessed or 
landed is divided by 2.91. For every 1 lb (0.45 kg) of tail 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.
    (5) Small vessels. A vessel issued a limited access NE multispecies 
small vessel category permit and a valid monkfish incidental catch 
(Category E) permit that is less than 30 ft (9.1 m) in length and that 
elects not to fish under the NE multispecies DAS program, may possess, 
retain, and land up to 50 lb (23 kg) tail weight or 146 lb (66 kg) 
whole weight of monkfish per day or partial day, up to a maximum of 150 
lb (68 kg) tail weight or 437 lb (198 kg) whole weight per trip. For 
the purpose of converting whole weight to tail only weight, the amount 
of whole weight possessed or landed is divided by 2.91. For every 1 lb 
(0.45 kg) of tail weight landed, the vessel may land up to 1.91 lb of 
monkfish heads only, as described in paragraph (a) of this section.
    (6) Vessels fishing with handgear. A vessel issued a valid monkfish 
incidental catch (Category E) permit or a limited access monkfish 
permit (Category A, B, C, D, F, G, or H) and fishing exclusively with 
rod and reel or handlines with no other fishing gear on board, while 
not on a monkfish, NE multispecies, or scallop DAS, may possess, 
retain, and land up to 50 lb (23 kg) tail weight or 146 lb (66 kg) 
whole weight of monkfish per day or partial day, up to a maximum of 150 
lb (68 kg) tail weight or 437 lb (198 kg) whole weight per trip. For 
the purpose of converting whole weight to tail weight, the amount of 
whole weight possessed or landed is divided by 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.
    (7) Vessels fishing with surfclam or ocean quahog dredge gear. A 
vessel issued a valid monkfish incidental catch (Category E) permit and 
a valid surfclam or ocean quahog permit, while fishing exclusively with 
a hydraulic clam dredge or mahogany quahog dr