Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 8, 30065-30072 [2014-12059]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Proposed Rules]
[Pages 30065-30072]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12059]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130726661-4419-01]
RIN 0648-BD56


Fisheries of the Northeastern United States; Monkfish; Framework 
Adjustment 8

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes to approve and implement regulations to 
implement Framework Adjustment 8 to the Monkfish Fishery Management 
Plan. The New England and Mid-Atlantic Fishery Management Councils 
developed Framework Adjustment 8 to revise existing monkfish day-at-sea 
allocations and landing limits to better achieve optimum yield in each 
fishery management area. Framework Adjustment 8 would also revise 
biological reference points for the monkfish stocks in the Northern and 
Southern Fishery Management Areas based on an updated stock assessment, 
allow vessels issued a limited access monkfish Category H permit to 
fish throughout the Southern Fishery Management Area, and enable 
vessels to use an allocated monkfish-only day-at-sea at any time 
throughout the fishing year.

DATES: Public comments must be received by June 11, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0173, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0173, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: 
``Comments on Monkfish Framework 8.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    New England Fishery Management Council staff prepared an 
environmental assessment (EA) for Monkfish Framework Adjustment 8 that 
describes the proposed action and other considered alternatives. The EA 
provides a thorough analysis of the biological, economic, and social 
impacts of the proposed measures and other considered alternatives. 
Staff from the Northeast Fisheries Science Center also prepared an 
Initial Regulatory Flexibility Analysis (IRFA) for this action. The 
IRFA is contained in the EA prepared for this action, but also 
summarized in the Classification section of this proposed rule. Copies 
of the Framework 8 EA are available on request from Thomas A. Nies, 
Executive Director, New England Fishery Management Council, 50 Water 
Street, Newburyport, MA 01950. This document is also available from the 
following internet addresses: https://www.nero.noaa.gov or https://www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy 
Analyst, (978) 281-9141, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    The monkfish fishery is jointly managed under the Monkfish Fishery 
Management Plan (FMP) by the New England and the Mid-Atlantic Fishery 
Management Councils. The fishery extends from Maine to North Carolina 
from the coast out to the continental margin. The Councils manage the 
fishery as two management units, with the Northern Fishery Management 
Area (NFMA) covering the Gulf of Maine and northern part of Georges 
Bank, and the Southern Fishery Management Area (SFMA) extending from 
the southern flank of Georges Bank through the Mid-Atlantic Bight to 
North Carolina. The monkfish fishery is primarily managed by landing 
limits and a yearly allocation of monkfish days-at-sea (DAS) calculated 
to enable vessels participating in the fishery to catch, but not 
exceed, the annual catch limit (ACL) in each management area. Catch 
levels are typically set every 3 years, but can be continued or revised 
at any time based upon updated stock assessments or other relevant 
information, as appropriate, through the framework adjustment process. 
Further, based on a yearly evaluation of the monkfish fishery, the 
Councils may revise existing management measures, including DAS 
allocations and landing limits, to better achieve the goals and 
objectives of the FMP and achieve optimum yield (OY), as required by 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act).
    The Councils developed Framework 8 to incorporate the results of 
the latest

[[Page 30066]]

monkfish stock assessment, and to revise measures to better achieve OY 
and enhance the operational efficiency of existing management measures. 
In recent years, the monkfish fishery has failed to fully harvest the 
annual catch target (ACT) specified for each year, particularly in the 
NFMA. Since Amendment 5 (76 FR 30265; May 25, 2011) defined OY as fully 
harvesting the ACT, the monkfish fishery has not been achieving OY in 
either area in recent years. Further, during the development of 
Framework 8, members of the monkfish fishing industry indicated that 
existing regulations reduce their ability to maximize available 
monkfish fishing opportunities and land more monkfish, particularly 
restrictions on when monkfish-only DAS may be used and where vessels 
issued a limited access monkfish Category H permit may fish.
    Current catch limits and associated management measures for the 
monkfish fishery were implemented under Amendment 5 for the SFMA and 
under Framework 7 for the NFMA (76 FR 66192; October 26, 2011) based on 
the results of the 50th Stock Assessment Workshop (SAW 50) in 2010. 
Since then, an operational assessment was conducted in April 2013 to 
update the status of monkfish stocks, and provide projections to assist 
with setting future catch levels based on additional survey and catch 
data available since SAW 50. The 2013 assessment update revised 
existing biological reference points (see Table 3 below), and concluded 
that the two stocks of monkfish are neither overfished nor subject to 
overfishing based on these revised reference points. However, the 
assessment panel report noted that retrospective patterns persisted for 
both stocks, with the assessment continuing to consistently 
underestimate the fishing mortality rate (F) and overestimate biomass.
    The New England Council's Scientific and Statistical Committee 
(SSC) met on May 16, 2013, and again on August 20, 2013, to discuss the 
2013 monkfish stock assessment update, and develop recommendations for 
acceptable biological catch (ABC) in each management area beginning in 
fishing year (FY) 2014. Due to uncertainty in the assessment results 
noted by the assessment panel, the SSC considered analysis by the 
Monkfish Plan Development Team (PDT) that corrected for retrospective 
bias noted in the 2013 assessment update and explored the use of 
alternative approaches to calculating the fishing mortality rate (F) 
that were independent from the assessment model. However, the PDT 
indicated that there were analytical difficulties calculating 
retrospectively adjusted F, and the SSC concluded that alternative 
estimates of F were too reliant on highly uncertain life history 
parameters. After extensive discussion, the SSC observed that the 
updated assessment provides both positive and negative indications of 
stock status. Data suggest that both stocks are above biomass targets, 
F is below FMAX (the level of fishing mortality that 
produces the greatest yield from the fishery), and survey trends are 
stable or increasing. However, the assessment also states that 
retrospective patterns continue, recent recruitment has been below 
average, and that uncertainties persist with age estimates. The SSC 
concluded that these ``conflicting considerations'' suggest that 
neither drastic increases nor decreases to existing catch levels are 
warranted at this time. Therefore, in conjunction with the analytical 
difficulties of incorporating retrospective adjustments and alternative 
estimates of F, the SSC ultimately recommended maintaining existing 
ABCs in each area (7,592 mt for the NFMA and 12,316 mt for the SFMA).
    The Councils considered the results of the 2013 assessment update, 
the PDT analysis, and the advice of the SSC when developing measures in 
Framework 8. Although the Councils considered alternative estimates of 
management uncertainty (a reduction in catch levels based on a 
consideration of the effectiveness of management measures at achieving 
desired catch levels), the Councils did not elect to change existing 
monkfish ABCs, ACLs, ACTs, or total allowable landing (TAL) amounts for 
either monkfish stock under this action. The Councils concluded that 
existing management uncertainty buffers were sufficient at ensuring 
that ACLs are not exceeded, and that overfishing does not occur. As a 
result, existing catch levels are not revised by this action, and would 
remain in place until changed by a future management action (see Table 
1).

  Table 1--Monkfish Catch Levels Continued Under Framework Adjustment 8
------------------------------------------------------------------------
                                                Monkfish management area
                  Catch limit                  -------------------------
                                                    NFMA      SFMA (mt)
------------------------------------------------------------------------
ABC...........................................        7,592       12,316
ACL
ACT...........................................        6,567       11,513
TAL...........................................        5,854        8,925
------------------------------------------------------------------------

    Because Framework 8 was not adopted by both Councils until late 
February, it was not possible to approve and implement any of the 
proposed management measures included in Framework 8 and summarized 
below until after the start of FY 2014 on May 1, 2014. The measures 
effective during FY 2013 were implemented under an emergency action 
published on April 30, 2013 (78 FR 25214), and revised on October 25, 
2013 (78 FR 63892), but expire on April 30, 2014. Therefore, the 
measures in effect at the start of FY 2014 reflect those implemented 
under Amendment 5 for the SFMA and under Framework 7 for the NFMA and 
last effective during FY 2012 (see Table 2 for a summary of the 
measures). Consistent with the regulations at 50 CFR 648.96(a)(3)(iv), 
any monkfish DAS used by a vessel on or after the start of FY 2014 will 
be counted against any monkfish DAS allocation the vessel ultimately 
receives during FY 2014 upon the implementation of measures approved 
under Framework 8.

  Table 2--Main Monkfish Management Measures In Effect on May 1, 2014 *
------------------------------------------------------------------------
     Management measure               NFMA                  SFMA
------------------------------------------------------------------------
Monkfish DAS Allocation.....   40 (only 28 DAS can be used in the SFMA)
                             -------------------------------------------
Landing Limits while on a     1,250 lb (567 kg)     550 lb (249 kg) for
 Monkfish DAS (tail weight/    for Category A/C      Category A/C
 DAS).                         permits; 600 lb       permits; 450 lb
                               (272 kg) for          (204 kg) for
                               Category B/D          Category B/D
                               permits.              permit.
                             -------------------------------------------
                               1,600 lb (726 kg) for Category F permits

[[Page 30067]]

 
Incidental Landing Limits     Up to 25% of the      50 lb (23 kg) for
 while on a Northeast          total weight of       Category C, D, or F
 Multispecies (groundfish)     fish on board, not    permits fishing
 DAS (tail weight/DAS).        to exceed 300 lb      with non-trawl
                               (136 kg) for          gear.
                               Category C, D, E,    300 lb (136 kg) for
                               or F permits.         Category C, D, or F
                                                     permits fishing
                                                     with trawl gear.
                             -------------------------------------------
DAS Use Requirement.........      Vessels must use a monkfish DAS in
                                 conjunction with available groundfish
                                 DAS. Once available groundfish DAS are
                                used, remaining monkfish DAS may be used
                               as monkfish-only DAS, provided the vessel
                                fishes under the regulations applicable
                                  to a Category B permit and does not
                                      retain regulated groundfish.
                             -------------------------------------------
Category H Boundary.........  Vessels issued a Category H permit may not
                                 fish north of 38[deg]40' N. latitude.
------------------------------------------------------------------------
* These measures are effective May 1, 2014, and may be revised after the
  start of FY 2014, as proposed under Framework 8.

Proposed Measures

1. Revised Biological and Management Reference Points

    This action proposes to maintain the methods used to calculate 
these biological and management reference points originally adopted 
under Amendment 5 in 2011, but update the resultant values to be 
consistent with those recommended by the SSC and the best available 
scientific information from the 2013 monkfish assessment update (see 
Table 3). The reference points currently established 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).
    Under the methods adopted in Amendment 5, OFL is calculated as the 
product of FThreshold and current exploitable biomass. The 
values for FThreshold in each area were updated as part of 
the 2013 monkfish operational assessment. However, during its review of 
the 2013 operational assessment update, the SSC expressed concern with 
calculating OFL using the current estimate of biomass. Because complete 
data for FY 2012 were not available, the terminal year of data used in 
the 2013 operational assessment was from FY 2011. This would mean that 
estimates of current biomass used in calculating OFL would be 3 years 
old before they would be implemented in 2014 under this proposed 
action. Therefore, the SSC recommended using the 2014 exploitable 
biomass projected from the terminal year of the assessment rather than 
the biomass as of 2011as the ``current exploitable biomass'' used in 
the calculation of OFL. This would give a more recent estimate of 
exploitable biomass in the calculation of OFL compared to biomass as of 
2011 from the 2013 operational assessment.

     Table 3--Comparison of Monkfish Biological Reference Points Between SAW 50 (2010) and the 2013 Monkfish
                                                Assessment Update
----------------------------------------------------------------------------------------------------------------
                                     Biological                                      2013 Assessment update and
    Monkfish management area       reference point     SAW 50 and 2010 SSC review            SSC review
----------------------------------------------------------------------------------------------------------------
NFMA...........................  FMAX (threshold)..  0.43.........................  0.44
                                 BTarget...........  52,930 mt....................  46,074 mt
                                 BThreshold........  26,465 mt....................  23,037 mt
                                 OFL...............  19,557 mt....................  17,805 mt
                                 Maximum             10,745 mt....................  9,383 mt
                                  Sustainable Yield
                                  (MSY).
SFMA...........................  FMAX (threshold)..  0.46.........................  0.37
                                 BTarget...........  74,490 mt....................  71,667 mt
                                 BThreshold........  37,245 mt....................  35,834 mt
                                 OFL...............  36,245 mt....................  23,204 mt
                                 MSY...............  15,279 mt....................  14,328 mt
----------------------------------------------------------------------------------------------------------------

2. Changes to Monkfish DAS Allocations and Landing Limits

    This action would revise existing monkfish DAS allocations and 
landing limits to help increase monkfish landings and the proportion of 
the TAL and ACT caught in each area. The Councils sought to achieve a 
balance among competing factors by increasing monkfish fishing 
opportunities and associated landings and fishing revenue, without 
excessively increasing catch and F to such a degree that may 
unintentionally adversely impact monkfish stocks or reduce market price 
due to a greater influx of monkfish landings throughout the FY. Under 
this action, all limited access monkfish permits would be allocated a 
total of 46 monkfish DAS, of which up to 32 may be used in the SFMA. 
This represents a 6-DAS increase in a permit's total monkfish DAS 
allocation, and a 4-DAS increase in the number of monkfish DAS that may 
be used in the SFMA. Each permit's monkfish DAS allocation would then 
be reduced by a small amount to set aside 500 monkfish DAS under the 
Monkfish Research Set Aside (RSA) program, as required by the existing 
regulations at Sec.  648.92(b)(1)(v). Each vessel's contribution to RSA 
DAS is calculated by dividing 500 RSA DAS by the total number of 
limited access monkfish permits issued in the previous FY. In 2013, 627 
limited access monkfish permits were issued. Therefore, each permit's 
monkfish RSA contribution would be reduced by 0.8 DAS (500 RSA DAS / 
627 permits). Deducting these RSA set aside DAS from each vessel's 
monkfish DAS allocation would leave 45.2 monkfish DAS (46 DAS-0.8 DAS) 
allocated to each limited access monkfish permit starting in FY 2014.
    The proposed changes to monkfish landing limits in each area 
reflect the predominant source of monkfish landings in each area. In 
the NFMA, a

[[Page 30068]]

majority of monkfish landings occur as incidental landings while 
vessels are fishing for groundfish under a groundfish DAS. In the SFMA, 
however, the majority of monkfish landings occur when vessels are 
targeting monkfish under a monkfish DAS. As a result, monkfish 
incidental limits would be increased for limited access monkfish 
Category C and D vessels fishing under a groundfish DAS in the NFMA, 
while monkfish limits when under a monkfish DAS would be increased in 
the SFMA, as summarized in Table 4 below. With the exception of 
incidental landing limits for monkfish Category C and D vessels fishing 
under a groundfish DAS in the NFMA, all incidental landing limits would 
remain the same as those implemented by previous management actions.

Table 4--Proposed Changes to Monkfish DAS Allocations and Landing Limits for Limited Access Monkfish Category A,
                                               B, C, and D Permits
                                              [In tail weight/DAS]
----------------------------------------------------------------------------------------------------------------
                  Incidental landing  Monkfish permit category A/C  Monkfish permit category B/D   Monkfish DAS
 Management area         limit                landing limit                 landing limit           allocation*
----------------------------------------------------------------------------------------------------------------
NFMA............  600 lb (272 kg)     1,250 lb (567 kg)...........  600 lb (272 kg).............            45.2
                   for Category C
                   Permits and 500
                   lb (227 kg) for
                   Category D
                   permits when
                   fishing under a
                   groundfish DAS
                   and Status Quo
                   for other
                   situations.
SFMA............  Status Quo........  610 lb (277 kg).............  500 lb (227 kg).............              32
----------------------------------------------------------------------------------------------------------------
* The SFMA monkfish DAS allocation represents the maximum number of monkfish DAS that could be used in the SFMA.

    Monkfish DAS allocations and landing limits for vessels electing to 
participate in the Offshore Fishery Program in the SFMA and issued a 
limited access Category F permit are calculated separately. As outlined 
in Sec.  648.95(g)(2), the monkfish DAS allocation for each Category F 
permit is calculated by dividing the daily landing limit when fishing 
under the Offshore Fishery Program (1,600 lb (726 kg) tail weight) by 
the SFMA monkfish landing limit applicable to the vessel's monkfish 
limited access permit category, and then multiplying that number by the 
vessel's monkfish DAS allocation. For example, under the proposed 
monkfish DAS allocations and SFMA landing limits, a limited access 
Category C permit would be allocated 17.5 monkfish DAS under the 
Offshore Fishery Program [(610 lb (277 kg) Category C SFMA landing 
limit / 1,600 lb (726 kg) Offshore Fishery Program landing limit) x 46 
allocated monkfish DAS]. Similarly, a limited access Category D permit 
participating in the Offshore Fishery Program would be allocated 14.4 
monkfish DAS to participate in this program [(500 lb (277 kg) Category 
D SFMA landing limit / 1,600 lb (726 kg) Offshore Fishery Program 
landing limit) x 46 allocated monkfish DAS]. Any carryover monkfish DAS 
will be included in the calculation of monkfish DAS for Category F 
vessels.

3. Modified Monkfish DAS Usage Requirements

    This action would revise the regulations at Sec.  648.92(b)(2) to 
allow Category C and D vessels to use monkfish-only DAS at any time 
throughout the FY. Existing regulations require that a vessel issued a 
limited access monkfish Category C or D permit use available groundfish 
DAS when fishing under a monkfish DAS. Such a vessel could only use 
available monkfish-only DAS (the difference between a vessel's 
allocation of monkfish and groundfish Category A DAS) after all 
groundfish DAS had already been used. The proposed changes would help 
vessels maximize the economic value of monkfish fishing opportunities 
by enabling vessels to use monkfish-only DAS to selectively target 
monkfish earlier in the FY with minimal by-catch of groundfish, and 
later use both monkfish and groundfish DAS to fish for monkfish when 
groundfish are more abundant and could be landed in greater amounts.

4. Expanded Boundary Line for Monkfish Limited Access Permit Category H 
Vessels

    This action proposes to modify the northern boundary line 
applicable to monkfish limited access Category H vessels to be 
consistent with the northern boundary of the SFMA. Category H vessels 
were originally allowed to fish for monkfish south of 38[deg]20' N lat. 
under Amendment 2 (April 28, 2005; 70 FR 21927). This boundary line was 
moved northward by 20 miles (32.2 km) under Framework 4 (September 21, 
2007; 72 FR 53942) to 38[deg] 40' N lat. to increase opportunities to 
fish following the implementation of sea turtle closure areas. To 
provide even greater operational flexibility to vessel operators and 
enable them to maximize opportunities to fish for monkfish, this action 
would enable Category H vessels to fish throughout the SFMA.

5. Corrections and Clarifications to Existing Regulations

    This proposed rule would correct a number of inadvertent errors, 
omissions, and ambiguities in existing regulations in order to ensure 
consistency with, and accurately reflect the intent of, previous 
actions under the FMP, or to more effectively administer and enforce 
existing and proposed provisions pursuant to the authority provided to 
the Secretary of Commerce in section 305(d) of the Magnuson-Stevens 
Act. The following proposed measures are listed in the order in which 
they appear in the regulations.
    In Sec.  648.2, a definition of ``monkfish-only DAS'' would be 
inserted to clarify the use of that term in the monkfish effort-control 
program provisions specified at Sec.  648.92. The proposed definition 
is based upon existing language in Sec.  648.92(b)(2) that was 
originally implemented under Amendment 13 to the Northeast (NE) 
Multispecies FMP (April 27, 2004; 69 FR 22906). However, that text did 
not specify when monkfish-only DAS would be calculated or how such DAS 
balances would be maintained throughout the FY. The revised text would 
specify that a permit's initial allocation of monkfish-only DAS would 
be based upon the difference between a permit's monkfish and NE 
multispecies Category A DAS allocation at the beginning of the FY, but 
may vary throughout the fishing year based upon the acquisition or 
relinquishment of groundfish DAS under the NE Multispecies DAS Leasing 
Program.
    In Sec.  638.92, paragraph (b)(3) would be revised to state that, 
with the exception of monkfish DAS charged when fishing with gillnet 
gear pursuant to Sec.  648.92(b)(8)(v), all monkfish DAS

[[Page 30069]]

fished shall be charged to the nearest minute. The existing regulations 
at Sec.  638.92(b)(3) reference the Atlantic sea scallop DAS accrual 
regulations at Sec.  648.53(f) to describe the accrual of monkfish DAS. 
However, that cross reference is no longer valid or appropriate. The 
Atlantic sea scallop DAS accrual provisions originally specified at 
Sec.  648.53(f) were moved to Sec.  648.53(e) as part of Amendment 11 
to the Atlantic Sea Scallop FMP (73 FR 20090; April 14, 2008), and now 
include include a reduced DAS charge in scallop open areas to help 
defray the cost of observer coverage. Therefore, the proposed revisions 
would ensure that the monkfish DAS accrual provisions are implemented 
consistent with the original intent of the FMP.
    In Sec.  648.93, paragraph (b) would be deleted. This paragraph is 
redundant with paragraph (a), as both paragraphs list the minimum size 
of monkfish. In addition, paragraphs (a)(1) and (a)(2) would be 
designated as paragraphs (a) and (b), respectively, to clarify the 
organization of the remaining provisions.
    In Sec.  648.94, paragraph (f) would be revised to clarify that a 
vessel operator may declare his/her intent to fish in the NFMA via the 
vessel monitoring system (VMS) or the interactive voice response (IVR) 
call-in system. The current regulations require a vessel operator to 
declare his/her intent to fish in the NFMA via VMS. However, since the 
use of VMS in the monkfish fishery is voluntary, this action would 
clarify that either VMS or IVR could be used.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the Monkfish FMP, Framework 8, 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment. NMFS, in making 
a final determination, will take into account the data, views, and 
comments received during the comment period.
    Pursuant to Executive Order 12866, the Office of Management and 
Budget has determined that this proposed rule is not significant.
    This proposed rule does not contain policies with Federalism or 
takings implications as those terms are defined in E.O. 13132 and E.O. 
12630, respectively.
    The New England Council prepared an EA for Framework 8 to the 
Monkfish FMP that discusses the impact on the environment as a result 
of this action. A copy of the EA is available from the Council (see 
ADDRESSES).
    An IRFA has been prepared for this rule, as required by section 603 
of the Regulatory Flexibility Act (RFA). The IRFA describes the 
economic impact this proposed rule, if adopted, would have on small 
entities, and consists of the draft IRFA in Framework 8, this preamble, 
and the following summary. A description of the action, why it is being 
considered, and the legal basis for this action are contained in the 
preamble to this proposed rule and in the background, purpose, and need 
discussion (Section 2.0) of the EA prepared for this action. A copy of 
this analysis is available from the New England Council (see 
ADDRESSES).
    The Councils fully analyzed and considered three principal 
alternatives for changes to monkfish DAS and landing limits in the 
NFMA, and four alternatives for similar measures in the SFMA (see Table 
5). Two alternatives (No Action and the proposed alternative described 
above) were each considered for modifying monkfish DAS usage provisions 
and the Category H border. The proposed action would eliminate the 
existing prohibition on using monkfish-only DAS until all groundfish 
DAS have been used, while the No Action Alternative would retain this 
prohibition. The proposed action would also revise the current northern 
border for Category H vessels to reflect the SFMA boundary, while the 
No Action Alternative would retain the northern border at 38[deg]40' N. 
lat. For a more complete description of the alternatives considered in 
this action, refer to the EA prepared for this action (see ADDRESSES).

                                     Table 5--Monkfish DAS and Landing Limit Alternatives Considered in Framework 8
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Incidental landing
   Management area            Alternative          limit *  (tail weight/   A,C daily landing limit  (tail    B,D daily landing limit  (tail      DAS
                                                            DAS)                      weight/DAS)                       weight/DAS)
--------------------------------------------------------------------------------------------------------------------------------------------------------
NFMA................  1--No Action...............  Status quo............  1,250 lb (567 kg)...............  600 lb (272 kg).................         40
                      2..........................  Status quo............  1,250 lb (567 kg)...............  600 lb (272 kg).................         64
                      3 (Proposed)...............  600 lb (272 kg) for C   1,250 lb (567 kg)...............  600 lb (272 kg).................         46
                                                    permit and 500 lb
                                                    (227 kg) for D permit
                                                    when fishing under a
                                                    groundfish DAS
                                                    (elimination of 25%
                                                    landings threshold),
                                                    status quo all others.
SFMA................  1--No Action...............  Status quo............  550 lb (249 kg).................  450 lb (204 kg).................         28
                      2 (Proposed)...............  Status quo............  610 lb (277 kg).................  500 lb (227 kg).................         32
                      3..........................  Status quo............  550 lb (249 kg).................  450 lb (204 kg).................         51
                      4..........................  Status quo............  610 lb (277 kg).................  500 lb (227 kg).................         28
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Existing monkfish incidental landing limits are summarized at: https://www.nero.noaa.gov/sustainable/species/monkfish/.

    This proposed rule does not duplicate, overlap, or conflict with 
other Federal rules.
    This proposed action does not contain any new recordkeeping or 
reporting requirements, and does not impose any additional costs to 
affected vessels.

Description and Estimate of the Number of Small Entities to Which the 
Proposed Rule Would Apply

    The proposed action would affect any vessel issued a valid Federal 
limited access monkfish permit. As of April 1, 2014, 625 limited access 
monkfish permits were issued during FY 2013, including 20 Category A 
permits, 41 Category B permits, 279 Category C permits, 264 Category D 
permits, 14 Category F permits, and 7 Category H permits. Also, there 
were 1,594 open access Category E monkfish permits. In recent years, 
the number of active permits (i.e., those actually landing monkfish 
during the FY) has been lower than the number issued permits. 
Therefore, it is likely that a subset of these entities will be 
affected by this action. A more complete description of the monkfish 
fishery is found in Section 4.0 of the EA prepared for this action (see 
ADDRESSES).
    The Small Business Administration (SBA) defines a small business in 
the finfish fishing sector (NAICS code 114111) as a firm or affiliate 
group with gross revenue less than $19.0 million; and the shellfish 
fishing sector (NAICS code 114112) as a firm or affiliate group

[[Page 30070]]

with gross revenue less than $5.0 million. NMFS guidelines identify the 
affiliate group (or ``entity'') rather than permit as the appropriate 
level of analysis for regulatory actions. Affiliate groups were 
identified using permit ownership data recently added to the NMFS 
permit database, with designations of large and small entities based on 
each entity's 3-year average ex-vessel revenue. Data from FY 2012 are 
the most complete data available with which to make a determination 
regarding the size of entities affected by the proposed action. During 
FY 2012, 651 entities landed at least one pound of monkfish. Of these, 
534 entities were composed of a single vessel permit, 110 were composed 
of 2 to 5 permits, and 7 were composed of 6 or more permits. Further, 
401 entities were plurality-finfish, while 250 are plurality-shellfish. 
Using the above criteria, of the 651 entities that landed monkfish 
during FY 2012, 629 entities were classified as ``small,'' while the 
remaining 22 were classified as ``large.''

Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives

    The economic value of monkfish landings depends upon several 
factors, including the area fished (NFMA vs. SFMA); whether the vessel 
is directly targeting monkfish (i.e., fishing under a monkfish DAS), or 
landing monkfish incidentally when targeting another species; volumes 
landed; and market category landed. Together, these factors may affect 
realized economic impacts that may differ from those analyzed in 
support of this action and described below.
    Estimates of the economic impacts from adjustments to monkfish DAS 
allocation/usage limit and landing limits were derived using a model 
that incorporated proportional increases in monkfish landings based on 
the fishing patterns observed during FY 2012. Resultant projected 
landings for each alternative were then multiplied by the expected 
market price after incorporating a flexibility assumption of -0.41 
percent assumed to apply throughout the fishery. This means that for 
every 1-percent increase in monkfish landings, it is expected that 
price would decrease by 0.41 percent. Under these assumptions, even if 
the proposed measures would not change landings for a vessel compared 
to FY 2012, ex-vessel revenues could decrease due to increased monkfish 
landings in another area by other vessels. It should be noted that this 
price flexibility assumption was based on a very small sample set. 
Further, monkfish revenue recorded during periods in which similar 
amounts of monkfish expected under this action were landed suggests 
that the price flexibility assumption may actually underestimate 
benefits associated with proposed measures (i.e., market price may not 
fall as much as expected despite increased monkfish landings). 
Therefore, the revenue streams listed below may provide a lower bound 
for potential economic benefits resulting from this action. A detailed 
description of the methods used to estimate economic impacts of the 
proposed action is provided in the Framework 8 EA (see ADDRESSES).
    Under the combination of proposed measures described above, 
Framework 8 analysis estimated overall monkfish revenues would be 
approximately $21.7 million during FY 2014. The proposed measures would 
result in approximately an 11.3-percent increase in revenue across all 
ports, with minor to significant positive economic impacts across all 
individual ports and increased revenues for all vessel size classes 
ranging from 15 to 18.5 percent. However, it is expected that ex-vessel 
price would decrease by approximately 7.8 percent overall due to the 
price flexibility associated with increased monkfish landings 
throughout the fishery. Of the 629 small entities that would be 
directly affected under the proposed action, 309 would likely have a 
net decline in revenues, while 319 would likely have an increase in net 
revenues under the proposed action. The mean change would be +0.7 
percent, suggesting that mean effect of this action would be positive 
in terms of vessel revenues. Only one entity would have a decrease in 
expected revenues greater than 5 percent, and a total of 11 entities 
would have a decrease in expected revenues greater than 1 percent. The 
potential economic impacts may change, however, if the price 
flexibility assumption proves incorrect, or if vessel operators can 
alter fishing behavior in a manner that would offset any potential 
losses.
    Considered separately, the proposed measures for the NFMA would 
likely result in about $10.7 million in vessel revenue from monkfish 
alone, while proposed measures for the SFMA would likely result in 
about $11.9 million in vessel revenue from monkfish. When compared to 
other alternatives considered, the proposed NFMA measures would result 
in approximately $0.6 million more in revenue than existing measures 
(No Action Alternative), but about $650,000 less revenue than 
Alternative 2 measures (increasing monkfish DAS allocations to 64 DAS 
while maintaining existing monkfish landing limits). The proposed SFMA 
measures would result in about $0.7 million more monkfish revenue than 
expected under existing measures (No Action Alternative), $3.2 million 
less monkfish revenue than under Alternative 3 (increasing monkfish DAS 
allocations to 51 DAS while maintaining existing monkfish landing 
limits) and $1.5 million more in monkfish revenue than under 
Alternative 4 (existing monkfish DAS usage limit, but higher directed 
landing limits).
    The other two measures proposed under Framework 8 (allowing 
monkfish DAS to be used throughout the year and Category H permits to 
fish throughout the SFMA) are expected to generally increase monkfish 
fishing opportunities and increase the operational efficiency of 
affected entities. By allowing monkfish-only DAS to be used at any time 
throughout the FY, vessels can more effectively target monkfish earlier 
in the FY when monkfish are more prevalent, and preserve monkfish-
groundfish combination DAS until groundfish are more readily available 
later in the FY, particularly in the SFMA. This could increase vessel 
returns for monkfish Category C and D vessels by allowing vessels to 
land more groundfish later in the FY under both a monkfish and 
groundfish DAS. Similarly, Category H vessels would have additional 
flexibility to fish for monkfish throughout the SFMA rather than being 
confined to fishing below 38[deg]40' N. lat. and during times when 
turtle and harbor porpoise measures allow. Under both proposed 
measures, it is likely that affected entities will benefit from such 
changes, although precise economic benefits would depend upon the 
composition and volume of catch associated with any additional monkfish 
effort realized from such gains in efficiency and operational 
flexibility.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: May 20, 2014.
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 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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


[[Page 30071]]


0
2. In Sec.  648.2, add a definition for ``Monkfish-only DAS'' in 
alphabetical order to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Monkfish-only DAS means monkfish DAS allocated to a limited access 
monkfish Category C, D, F, G, or H permit that are in excess of that 
permit's initial allocation of Northeast multispecies Category A DAS at 
the beginning of a fishing year.
* * * * *
0
3. In Sec.  648.92, revise paragraphs (b)(1)(i), (b)(1)(ii), (b)(2), 
(b)(3), and (b)(9)(i) to read as follows:


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

* * * * *
    (b) * * *
    (1) * * *
    (i) General provision. Each vessel issued a limited access monkfish 
permit shall be allocated 46 monkfish DAS each fishing year which must 
be used in accordance with the provisions of this paragraph (b), unless 
otherwise specified by paragraph (b)(1)(ii) of this section or modified 
by Sec.  648.96(b)(3), or unless the permit is enrolled in the Offshore 
Fishery Program in the SFMA, as specified in paragraph (b)(1)(iv) of 
this section. The annual allocation of monkfish DAS to each limited 
access monkfish permit shall be reduced by the amount calculated in 
paragraph (b)(1)(v) of this section for the research DAS set-aside. 
Unless otherwise specified under this subpart F, a vessel issued a 
limited access NE multispecies or limited access sea scallop permit 
that is also issued a limited access monkfish permit must use a NE 
multispecies or sea scallop DAS concurrently with each monkfish DAS 
utilized, except as provided in paragraph (b)(2) of this section.
    (ii) DAS restrictions for vessels fishing in the SFMA. A vessel 
issued a limited access monkfish permit may not use more than 32 of its 
46 monkfish DAS allocation in the SFMA during each fishing year. Each 
vessel issued a limited access monkfish permit fishing in the SFMA must 
declare that it is 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.
* * * * *
    (2) Category C, D, F, G, or H limited access monkfish permit 
holders. (i) General provision. Unless otherwise specified in paragraph 
(b)(2)(ii) of this section, each monkfish DAS used by a vessel issued a 
limited access monkfish Category C, D, F, G, or H permit and a limited 
access NE multispecies or scallop DAS permit shall also be counted as a 
NE multispecies or scallop DAS, as applicable. A vessel issued a 
limited access monkfish Category C, D, F, or H permit may not use a NE 
multispecies Category B Regular DAS under the NE Multispecies Regular B 
DAS Program, as specified under Sec.  648.85(b)(6), in order to satisfy 
the requirement of this paragraph (b)(2)(i) to use a NE multispecies 
DAS concurrently with a monkfish DAS.
    (ii) Monkfish-only DAS. When a vessel issued a limited access 
monkfish Category C, D, F, G, or H permit and a limited access NE 
multispecies DAS permit has an allocation of NE multispecies Category A 
DAS, specified under Sec.  648.82(d)(1), that is less than the number 
of monkfish DAS allocated for the fishing year May 1 through April 30, 
that vessel shall be allocated ``monkfish-only'' DAS equal to the 
difference between the number of its allocated monkfish DAS and the 
number of its allocated NE multispecies Category A DAS at the start of 
a fishing year. For example, if a vessel issued a limited access 
monkfish Category D permit is allocated 46 monkfish DAS and 26 NE 
multispecies Category A DAS, it would be allocated 20 monkfish-only DAS 
at the start of each fishing year. The available balance of monkfish-
only DAS may vary throughout the fishing year based upon monkfish-only 
DAS usage and the acquisition or relinquishment of NE multispecies DAS 
under the NE Multispecies DAS Leasing Program, as specified in 
paragraph (b)(2)(iii) of this section. A vessel issued a limited access 
monkfish Category C, D, F, G, or H permit may use monkfish-only DAS 
without the concurrent use of a NE multispecies DAS at any time 
throughout the fishing year, regardless of the number of NE 
multispecies Category A DAS available. When fishing under a monkfish-
only DAS, the vessel must fish under the regulations pertaining to a 
limited access monkfish Category A or B permit, as applicable, and may 
not retain any regulated NE multispecies. For example, a vessel issued 
a limited access monkfish Category C permit must comply with the 
monkfish landing limits applicable to a Category A monkfish permit when 
fishing under a monkfish-only DAS.
    (iii) Category C, D, F, G, or H vessels that lease NE multispecies 
DAS. (A) A vessel issued a limited access monkfish Category C, D, F, G, 
or H permit that has monkfish-only DAS, as specified in paragraph 
(b)(2)(ii) of this section, and that leases NE multispecies DAS from 
another vessel pursuant to Sec.  648.82(k), must fish its available 
monkfish-only DAS in conjunction with its leased NE multispecies DAS, 
to the extent that the vessel has NE multispecies DAS available.
    (B) A vessel issued a limited access monkfish Category C, D, F, G, 
or H permit that leases NE multispecies DAS to another vessel(s), 
pursuant to Sec.  648.82(k), must forfeit a monkfish DAS for each NE 
multispecies DAS that the vessel leases, equal in number to the 
difference between the number of remaining NE multispecies DAS and the 
number of unused monkfish DAS at the time of the lease. For example, if 
a lessor vessel that had 31 unused monkfish DAS and 35 allocated NE 
multispecies DAS leased 10 of its NE multispecies DAS to another 
vessel, the lessor would forfeit 6 of its monkfish DAS (10-(35 NE 
multispecies DAS-31 monkfish DAS) = 6).
    (3) Accrual of DAS. Unless otherwise provided in Sec.  
648.92(b)(8)(v), all monkfish DAS fished shall be charged to the 
nearest minute.
* * * * *
    (9) * * *
    (i) A vessel issued a limited access monkfish Category G or H 
permit may fish under a monkfish DAS only in the SFMA, as defined at 
Sec.  648.91(b).
* * * * *


Sec.  648.93  [Amended]

0
4. In Sec.  648.93, remove paragraph (b), and redesignate paragraphs 
(a)(1) and (a)(2) as paragraphs (a) and (b), respectively.
0
5. In Sec.  648.94, revise paragraphs (b)(1)(ii), (b)(2)(i), 
(b)(2)(ii), (b)(3)(i), (c)(1)(i), and (f) to read as follows:


Sec.  648.94  Monkfish possession and landing restrictions.

* * * * *
    (b) * * *
    (1) * * *
    (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 600 lb (272 kg) tail weight or 1,746 lb (792 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) * * *

[[Page 30072]]

    (i) Category A, C, and G vessels. A vessel issued a limited access 
monkfish Category A, C, or G permit that fishes under a monkfish DAS in 
the SFMA may land up to 610 lb (277 kg) tail weight or 1,775 lb (805 
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. A vessel issued a limited access 
monkfish Category B, D, or H permit that fishes under a monkfish DAS in 
the SFMA may land up to 500 lb (227 kg) tail weight or 1,455 lb (660 
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) * * *
    (i) NFMA. A vessel issued a limited access monkfish Category C or F 
permit that fishes under a NE multispecies DAS, and not a monkfish DAS, 
exclusively in the NFMA may land up to 600 lb (272 kg) tail weight or 
1,746 lb (792 kg) whole weight of monkfish 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). A vessel issued a 
limited access monkfish Category D or F permit that fishes under a NE 
multispecies DAS, and not a monkfish DAS, exclusively in the NFMA may 
land up to 500 lb (227 kg) tail weight or 1,455 lb (660 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). A vessel issued a limited access monkfish 
Category C, D, or F permit participating in the NE Multispecies Regular 
B DAS program, as specified under Sec.  648.85(b)(6), is also subject 
to the incidental landing limit specified in paragraph (c)(1)(i) of 
this section on such trips.
* * * * *
    (c) * * *
    (1) * * *
    (i) NFMA. A vessel issued a valid monkfish incidental catch 
(Category E) 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.
* * * * *
    (f) Area declaration requirement for a vessel fishing exclusively 
in the NFMA. A vessel intending to fish for, or fishing for, possessing 
or landing monkfish under a multispecies, scallop, or monkfish DAS 
under the less restrictive management measures of the NFMA, must fish 
exclusively in the NFMA for the entire trip. In addition, a vessel 
fishing under a monkfish DAS must declare its intent to fish in the 
NFMA through the vessel's VMS unit or through the vessel call-in 
system, as applicable. A vessel that is not required to and does not 
possess a VMS unit must also declare its intent to fish in the NFMA by 
obtaining a letter of authorization from the Regional Administrator, 
for a period of not less than 7 days. A vessel that has not declared 
into the NFMA under this paragraph (f) shall be presumed to have fished 
in the SFMA, and shall be subject to the more restrictive requirements 
of that area. A vessel that has declared into the NFMA may transit the 
SFMA, providing that it complies with the transiting and gear storage 
provision described in paragraph (e) of this section, and provided that 
it does not fish for or catch monkfish, or any other fish, in the SFMA.
* * * * *
0
6. In Sec.  648.95, revise paragraphs (a)(2), (c), (e)(3), (f), (g) 
introductory heading, (g)(1), and (g)(3); and add paragraph (g)(4) to 
read as follows:


Sec.  648.95  Offshore Fishery Program in the SFMA.

    (a) * * *
    (2) A vessel issued a limited access monkfish Category C or D 
permit that applies for and is issued a Category F permit remains 
subject to the provisions specific to Category C and D vessels, unless 
otherwise specified under this subpart F.
* * * * *
    (c) Offshore Fishery Program Area. The Offshore Fishery Program 
Area is bounded on the south by 38[deg]00' N. lat. and on the north, 
west, and east by the following coordinates, connected in the order 
listed by rhumb lines.

------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  41[deg]18.6'         66[deg]24.8'
2..............................  40[deg]55.5'         66[deg]38.0'
3..............................  40[deg]45.5'         68[deg]00.0'
4..............................  40[deg]37.0'         68[deg]00.0'
5..............................  40[deg]30.0'         69[deg]00.0'
6..............................  40[deg]22.7'         69[deg]00.0'
7..............................  40[deg]18.7'         69[deg]40.0'
8..............................  40[deg]21.0'         71[deg]03.0'
9..............................  39[deg]41.0'         72[deg]32.0'
10.............................  38[deg]47.0'         73[deg]11.0'
11.............................  38[deg]04.0'         74[deg]06.0'
------------------------------------------------------------------------

* * * * *
    (e) * * *
    (3) A vessel issued a limited access monkfish Category F permit 
fishing on a monkfish DAS is subject to the minimum mesh size 
requirements specified in Sec.  648.91(c)(1)(i) and (c)(1)(iii), as 
well as the other gear requirements specified in Sec.  648.91(c)(2) and 
(c)(3).
* * * * *
    (f) Transiting. A vessel issued a limited access monkfish Category 
F permit fishing under a monkfish DAS that is transiting to or from the 
Offshore Fishery Program Area, described in paragraph (c) of this 
section, shall have all gear stowed and not available for immediate use 
in accordance with the gear stowage provisions specified in Sec.  
648.23(b).
* * * * *
    (g) Monkfish landing limits and DAS allocations. (1) A vessel 
issued a limited access monkfish Category F permit may land up to 1,600 
lb (726 kg) tail weight or 4,656 lb (2,112 kg) whole weight of monkfish 
per monkfish 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).
* * * * *
    (3) A vessel issued a limited access monkfish Category F permit 
that is fishing under a NE multispecies DAS in the NFMA is subject to 
the incidental landing limit specified at Sec.  648.94(b)(3).
    (4) When not fishing on a monkfish DAS, a vessel issued a limited 
access monkfish Category F permit may fish under the regulations 
applicable to the monkfish incidental catch (Category E) permit, 
specified at Sec.  648.94(c).
* * * * *
[FR Doc. 2014-12059 Filed 5-23-14; 8:45 am]
BILLING CODE 3510-22-P