Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 8, 41918-41926 [2014-16959]
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes, or otherwise have any unique
impacts on local governments. Thus, the
Agency has determined that Executive
Order 13132, entitled ‘‘Federalism’’ (64
FR 43255, August 10, 1999) and
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
Although this action does not require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994), EPA seeks to achieve
environmental justice, the fair treatment
and meaningful involvement of any
group, including minority and/or lowincome populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. As such, to the
extent that information is publicly
available or was submitted in comments
to EPA, the Agency considered whether
groups or segments of the population, as
a result of their location, cultural
practices, or other factors, may have
atypical or disproportionately high and
adverse human health impacts or
environmental effects from exposure to
the pesticide discussed in this
document, compared to the general
population.
XI. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: July 10, 2014.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.960, the table is amended
by alphabetically adding an entry for
‘‘Polyoxyalkylated trimethylopropanes
* * *’’ after the entry for
‘‘Polyoxyalkylated glycerol * * *’’ to
read as follows:
■
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
*
Polymer
*
*
*
*
CAS No.
*
*
*
*
*
*
*
Polyoxyalkylated trimethylopropanes with 20 to 80 moles of ethylene 25765–36–0; 29860–47–7; 37339–03–0; 52624–57–4; 58090–24–7;
and/or propylene oxide, fatty acid esters with C8 through C22 ali63964–38–5; 72939–62–9; 74521–14–5; 75300–70–8; 75300–90–2;
phatic alkanoic and/or alkenoic fatty acids, branched or linear; min84271–03–4; 84271–04–5; 86850–92–2; 107120–02–5; 133331–01–
imum number average molecular weight (in amu), 3,000.
8; 137587–60–1; 149797–40–0; 149797–41–1; 150695–97–9;
152130–24–0; 163349–94–8; 163349–95–9; 163349–96–0; 163349–
97–1; 163349–98–2; 165467–70–9; 183619–46–7; 183619–50–3;
185260–01–9; 202606–04–0; 210420–84–1; 233660–70–3; 263011–
96–7; 283602–94–8; 701980–40–7; 872038–58–9; 875709–44–7;
875709–45–8; 875709–46–9; 875709–47–0; 879898–63–2; 910038–
01–6; 1190748–04–9; 1225384–02–0; 1428944–41–5; 1446498–15–
2.
*
*
*
*
*
BILLING CODE 6560–50–P
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
DEPARTMENT OF COMMERCE
SUMMARY:
[FR Doc. 2014–16836 Filed 7–17–14; 8:45 am]
National Oceanic and Atmospheric
Administration
50 CFR Part 648
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[Docket No. 130726661–4551–02]
RIN 0648–BD56
Fisheries of the Northeastern United
States; Monkfish; Framework
Adjustment 8
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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NMFS approves and
implements measures included in
Framework Adjustment 8 to the
Monkfish Fishery Management Plan.
This action increases monkfish day-atsea allocations and landing limits,
allows vessels issued a limited access
monkfish Category H permit to fish
throughout the Southern Fishery
Management Area, and enables vessels
to use an allocated monkfish-only dayat-sea at any time throughout the fishing
year. It also revises biological reference
points for the monkfish stocks in the
Northern and Southern Fishery
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*
*
Management Areas based on an updated
stock assessment. The approved
measures are intended to increase
monkfish landings and better achieve
optimum yield in each fishery
management area, increase operational
flexibility to maximize the value of
available fishing opportunities, and
ensure that management measures are
based on the best scientific information
available.
This final rule is effective on July
18, 2014.
DATES:
We prepared a Final
Regulatory Flexibility Analysis (FRFA),
which consists of the Initial Regulatory
Flexibility Analysis (IRFA), public
comments and responses, and the
ADDRESSES:
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
summary of impacts and alternatives
contained in the Classification section
of the preamble of this final rule. Copies
of the supporting biological, economic,
and social impact analysis for this
action are contained in the
environmental assessment (EA)
prepared for this rule, and may be found
at the following Internet address: https://
www.nero.noaa.gov/regs/2014/May/
14monkfishfw8ea.pdf. Paper 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. Copies of the
small entity compliance guide are
available from the John K. Bullard,
Regional Administrator, National
Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930–
2276.
FOR FURTHER INFORMATION CONTACT:
Douglas Christel, Fishery Policy
Analyst, (978) 281–9141, fax (978) 281–
9135.
SUPPLEMENTARY INFORMATION:
Background
The New England and the MidAtlantic Fishery Management Councils
develop management measures
governing the monkfish fishery under
the Monkfish Fishery Management Plan
(FMP). 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 MidAtlantic Bight to North Carolina. The
monkfish fishery is primarily managed
by landing limits and a yearly allocation
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of monkfish days-at-sea (DAS)
calculated to enable vessels
participating in the fishery to catch, but
not exceed, the annual catch limit in
each management area.
In May 2013, we conducted an
operational stock assessment to update
monkfish biological reference points
and provide projections to set future
catch levels. The New England
Council’s Scientific and Statistical
Committee (SSC) reviewed the results of
that assessment and additional analysis
by the Councils’ Plan Development
Team, but concluded that no changes to
existing catch levels are warranted at
this time. The Councils concurred with
the SSC’s conclusions, and did not
propose any changes to existing catch
levels. Accordingly, existing catch
levels 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
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Acceptable Biological Catch (ABC) ...............................................................................................................
Annual Catch Limit (ACL)
Annual Catch Target (ACT) ...................................................................................................................
Total Allowable Landings (TAL) ....................................................................................................................
In recent years, the monkfish fishery
has failed to achieve optimum yield
(OY) because it has not fully harvested
the Annual Catch Target (ACT)
specified for each year, particularly in
the NFMA. Further, members of the
monkfish fishing industry have
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 limited access monkfish Category
H permits may fish. The Councils
developed Framework 8 to incorporate
the results of the latest monkfish stock
assessment, and to revise measures to
better achieve OY and enhance the
operational efficiency of existing
management measures. We published a
proposed rule to implement measures
proposed in Framework 8 on May 27,
2014 (79 FR 30065), with public
comments accepted through June 11,
2014. A full summary of the
development of Framework 8 and the
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purpose of each proposed measure is
included in that rule, and in the EA
developed for this action (see
ADDRESSES).
Approved Measures
The following summarizes the
approved Framework 8 measures. These
measures build upon the provisions
implemented by previous management
actions, and are intended to either
supplement or replace existing
regulations, as described for each
measure. This final rule also includes
revisions to regulations that are not
specifically identified in Framework 8,
but are necessary to correct errors or
clarify existing provisions, as authorized
by section 305(d) of the MagnusonStevens Fishery Conservation and
Management Act.
Because measures proposed under
Framework 8 and implemented through
this final rule did not become effective
until after the start of fishing year (FY)
2014 on May 1, 2014, all monkfish catch
since May 1, 2014, will be deducted
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SFMA
7,592 mt ......................
12,316 mt.
6,567 mt ......................
5,854 mt ......................
11,513 mt.
8,925 mt.
from the catch levels specified in Table
1 for FY 2014. Further, 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 the
monkfish DAS allocation the vessel
ultimately receives during FY 2014
upon the implementation of measures
approved under this action.
1. Revised Biological and Management
Reference Points
This action updates the monkfish
biological and management reference
point values to be consistent with those
recommended by the SSC and the best
available scientific information from the
2013 monkfish operational assessment
(see Table 2). These reference points are
used to determine if overfishing is
occurring on either stock (fishing
mortality rate (F) threshold (FThreshold)),
if either stock is overfished (biomass (B)
threshold (BThreshold)), or if either stock is
rebuilt (BTarget).
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TABLE 2—COMPARISON OF MONKFISH BIOLOGICAL REFERENCE POINTS BETWEEN SAW 50 (2010) AND THE 2013
MONKFISH ASSESSMENT UPDATE
Monkfish
management area
Biological reference point
SAW 50
and 2010
SSC
review
2013 Operational
assessment and
SSC review
NFMA ...................................................
FMAX (threshold) ..............................................................................
BTarget ..........................................................................................
BThreshold ......................................................................................
Overfishing Level ........................................................................
Maximum Sustainable Yield .......................................................
FMAX (threshold) ..............................................................................
BTarget ..........................................................................................
BThreshold ......................................................................................
Overfishing Level ........................................................................
Maximum Sustainable Yield .......................................................
0.43
52,930 mt
26,465 mt
19,557 mt
10,745 mt
0.46
74,490 mt
37,245 mt
36,245 mt
15,279 mt
0.44
46,074 mt
23,037 mt
17,805 mt
9,383 mt
0.37
71,667 mt
35,834 mt
23,204 mt
14,328 mt
SFMA ....................................................
2. Changes to Monkfish DAS Allocations
and Landing Limits
Existing monkfish DAS allocations
and landing limits are raised to help
increase monkfish landings and the
proportion of the TAL and ACT caught
in each area (see Table 3). Under this
action, all limited access monkfish
permits are allocated 46 monkfish DAS.
Each permit’s monkfish DAS allocation
is then reduced by 0.8 DAS to set aside
500 monkfish DAS under the Monkfish
Research Set Aside program, resulting
in 45.2 monkfish DAS (46 DAS—0.8
DAS) allocated to each limited access
monkfish permit starting in FY 2014. Of
this 45.2 monkfish DAS allocation, up
to 32 may be used in the SFMA. This
represents a 5.2 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.
Monkfish incidental landing limits
are increased for limited access
monkfish Category C and D vessels
fishing under a Northeast multispecies
(groundfish) DAS in the NFMA, while
monkfish directed landing limits are
increased for vessels fishing under a
monkfish DAS in the SFMA (see Table
3). All other monkfish incidental
landing limits remain the same as those
implemented by previous management
actions.
TABLE 3—CHANGES TO MONKFISH DAS ALLOCATIONS AND LANDING LIMITS FOR LIMITED ACCESS MONKFISH CATEGORY
A, B, C, AND D PERMITS
[In tail weight/DAS]
Monkfish
permit
category A/C
landing limit
Management
area
Incidental landing limit
NFMA .........................
600 lb (272 kg) for Category C Permits and 500
lb (227 kg) for Category D permits fishing
under a groundfish DAS.
Monkfish
permit
category B/D
landing limit
Monkfish DAS
allocation *
1,250 lb (567 kg)
600 lb (272 kg)
45.2
610 lb (277 kg)
500 lb (227 kg)
32
Unchanged for all other situations.
SFMA .........................
Unchanged ............................................................
* 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 issued a
limited access Category F permit and
electing to participate in the Offshore
Fishery Program in the SFMA are
calculated separately from the monkfish
DAS allocation to all limited access
monkfish permits. As outlined in
§ 648.95(g)(2), we calculate the
monkfish DAS allocation for each
Category F permit 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. We then multiply that number
by the vessel’s monkfish DAS allocation
(32 DAS in the SFMA plus up to 4 DAS
carried over from the previous year) to
get the permit’s monkfish DAS
allocation when participating in the
Offshore Fishery Program. Table 4
summarizes the monkfish DAS allocated
to Category F permits participating in
the Offshore Fishery Program under this
action.
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TABLE 4—MONKFISH DAS ALLOCATED TO PERMITS PARTICIPATING IN THE OFFSHORE FISHERY PROGRAM
If your original monkfish limited
access permit category is . . .
A or C
13.7 DAS
B, D, or H
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Your maximum monkfish DAS allocation under
the Offshore Fishery Program will be . . .
12.4 DAS
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3. Modified Monkfish DAS Usage
Requirements
Limited access monkfish Category C
and D vessels may now use monkfishonly DAS at any time throughout the FY
under this action. Monkfish-only DAS
are a permit’s monkfish DAS allocation
in excess of that permit’s allocation of
groundfish Category A DAS at the
beginning of the FY. Under this action,
a vessel no longer has to use all of its
allocated groundfish DAS in
conjunction with allocated monkfish
DAS before it can use any remaining
monkfish-only DAS. A vessel will be
charged monkfish DAS based upon the
monkfish DAS type declared via the
interactive voice response (call-in)
system or the vessel monitoring system
before each trip. These changes will
help vessels maximize the economic
value of monkfish fishing opportunities
by enabling vessels to use monkfishonly DAS to selectively target monkfish
earlier in the FY with minimal bycatch
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, particularly in the SFMA.
4. Expanded Boundary Line for
Monkfish Limited Access Permit
Category H Vessels
A vessel issued a limited access
monkfish Category H permit may now
fish throughout the SFMA. This action
eliminates the previous restriction
limiting such vessels to fish for
monkfish south of 38°40′ N lat. This
provides greater operational flexibility
to vessel operators, and enables them to
maximize opportunities to fish for
monkfish.
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5. Corrections and Clarifications to
Existing Regulations
We have made the following
corrections to existing regulations to
address inadvertent errors, omissions,
and ambiguities in existing regulations
under the authority provided to the
Secretary of Commerce in section 305(d)
of the Magnuson-Stevens Act.
In § 648.2, a definition of ‘‘monkfishonly DAS’’ is inserted to clarify the use
of that term in the monkfish effortcontrol program provisions specified at
§ 648.92. The new definition specifies
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 FY
based upon the acquisition or
relinquishment of groundfish DAS
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under the NE Multispecies DAS Leasing
Program.
In § 638.92, paragraph (b)(3) is revised
to state that, with the exception of
monkfish DAS charged when fishing
with gillnet gear pursuant to
§ 648.92(b)(8)(v), all monkfish DAS
fished shall be charged to the nearest
minute.
In § 648.93, paragraph (b) is deleted
and paragraphs (a)(1) and (a)(2) are
designated as paragraphs (a) and (b),
respectively.
In § 648.94, paragraph (f) is revised to
clarify that a vessel operator may
declare his/her intent to fish in the
NFMA via the vessel monitoring system
or the interactive voice response call-in
system.
Comments and Responses on Measures
Proposed in the Framework 8 Proposed
Rule
We received two comments during
the comment period on the proposed
rule for this action from one individual
and one organization representing
commercial seafood processors. Please
note in considering the responses to
comments below that NMFS may only
approve or disapprove measures
proposed in a fishery management plan,
amendment, or framework adjustment,
and may not change or substitute any
measure in a substantive way, pursuant
to section 304(a)(3) of the MagnusonStevens Act.
General Comments
Comment 1: One commenter opposed
making defining OY the responsibility
of NMFS, suggesting that the first goal
should be to protect fish from
commercial fishing entities. This
commenter recommended reducing
monkfish catch limits by 50 percent
immediately, suggesting that existing
catch limits are unsustainable.
Response: The Magnuson-Stevens
Act, not NMFS, makes NMFS
responsible for, and defines, the OY (see
16 U.S.C. § 1851 and 50 CFR § 600.310).
In Amendment 5 (76 FR 30265; May 25,
2011), the Councils further specified
that OY in the Monkfish FMP means
fully harvesting the ACT in each area,
consistent with the National Standard 1
guidelines (74 FR 3178; January 16,
2009). This action does not revise the
definition of OY in the Monkfish FMP
or Magnuson-Stevens Act, but rather
revises monkfish regulations to more
effectively achieve OY, as required by
the Magnuson-Stevens Act.
As specified in the proposed rule for
this action, we conducted an
operational assessment for both
monkfish stocks in 2013 to provide
information relevant for setting
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monkfish catch levels beginning in FY
2014. According to that assessment,
both monkfish stocks are rebuilt and
neither overfished, nor subject to
overfishing. While acknowledging the
uncertainty in the latest monkfish
assessment and that it provides both
positive and negative indications of
stock status, the Councils and the SSC
concluded that changes to existing catch
levels are not warranted at this time.
Therefore, this action maintains existing
monkfish catch limits in both areas.
Comment 2: One organization
representing commercial seafood
processors supported any efforts that
will increase monkfish landings. This
group claimed that the FMP has
prevented fishermen from fully
harvesting the total allowable landings
(TAL) amounts in recent years, with
landings averaging 62 and 67 percent of
the TAL from the NFMA and SFMA,
respectively, during the past 4 years.
This group suggested that the proposed
measures are unlikely to substantially
increase monkfish landings, because
they provide no real incentive for
fishermen to land monkfish. While this
group believes that the proposed
increased monkfish DAS will lead to
higher monkfish landings from the
SFMA, they recommend that we
increase the NFMA incidental monkfish
landing limit by 75 percent to more
effectively increase monkfish landings,
because 75 percent of NFMA monkfish
landings occur when targeting other
species.
Response: We also support efforts to
increase monkfish landings and more
fully realize OY in the monkfish fishery.
As noted above, and in the preamble of
the proposed rule for this action,
Framework 8 is intended to increase
incentives and opportunities to land
monkfish compared to recent years. The
Councils’ Monkfish Plan Development
Team investigated why existing
measures have not provided sufficient
incentive to land monkfish in recent
years, but failed to reach any definitive
conclusions. It is likely that there are
many dynamic factors influencing
incentives to land monkfish, including
market price, reduced catch limits and
other restrictions in the groundfish
fishery, additional fishing opportunities
in other fisheries, and fish availability.
Both NMFS and the Councils will
continue to monitor the fishery and
adjust measures, as necessary, to
achieve OY and FMP objectives, as
required by the Magnuson-Stevens Act.
We recognize that the 75 percent of
monkfish landed from the NFMA are
incidental landings when targeting other
fisheries, mostly groundfish. Based on
industry input, the Councils proposed
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increasing incidental landing limits as
the primary means of increasing
monkfish landings in the NFMA under
Framework 8. This action increases
incidental monkfish landing limits for
vessels fishing on a groundfish DAS in
the NFMA by 100 percent for Category
C vessels (from 300 lb (136 kg) to 600
lb (272 kg) tail weight per DAS) and 67
percent for Category D vessels (from 300
lb (136 kg) to 500 lb (227 kg) tail weight
per DAS). Framework 8 does not
increase incidental landing limits by 75
percent for Category D vessels, as
recommended by the commenter. This
was because the Councils wanted to
increase incidental landing limits in a
manner that would preserve the
approximate differential fishing
opportunities associated with the two
permit categories. Accordingly, the
Councils increased the incidental
monkfish landing limit for Category C
permits more than Category D permits,
because such permits landed more
monkfish during the original
qualification period for their limited
access monkfish permits. Because
incidental monkfish landings by
Category C vessels represent the
majority of incidental monkfish
landings from the NFMA, this action
should increase incidental monkfish
landings from the NFMA by an amount
very close to the amount that would
result from the measures recommended
by the commenter. Therefore, we did
not change the proposed NFMA
monkfish incidental landing limits
through this action.
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Changes From the Proposed Rule
We have not made any changes to the
proposed regulations published in the
proposed rule for this action.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that
Framework 8 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.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date because delaying the
effectiveness of this rule is contrary to
the public interest. This rule increases
monkfish DAS allocations from 40 to 46
DAS, increases both targeted and
incidental monkfish landing limits,
eliminates the provision restricting
when vessels can use monkfish-only
DAS, and increases the area in which
monkfish Category H permits may target
monkfish. The Councils developed
these measures to increase monkfish
landings and associated fishing revenue
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to more effectively achieve OY in the
fishery. Increased monkfish landings
may also help alleviate substantial
economic and social impacts associated
with substantially reduced fishing
opportunities in the groundfish fishery
in recent years. Further, by eliminating
both the monkfish-only DAS use
restriction and the northern boundary
for Category H permits, this action also
eases restrictions that unnecessarily
reduce the efficient utilization of
available monkfish fishing opportunities
for certain vessels. Accordingly,
delaying this action for 30-days is
contrary to the public interest, because
it would unnecessarily delay the
public’s ability to take advantage of
increased opportunities to catch and
land monkfish and benefit from the
associated economic benefits of higher
monkfish landings. A swift
implementation of this final action
increases the likelihood that affected
entities will be able to catch and land
more monkfish, resulting in additional
fishing revenue and minimizing the
chances of continued negative economic
impacts due to the recently reduced
groundfish quotas. Further, since this
rule imposes no further restrictions on
the monkfish fishery that would alter
existing fishing practices or require
affected entities to acquire additional
equipment, there is no need to delay
implementation of this action to provide
affected entities sufficient time to
prepare for the implementation of this
action. Thus, there is good cause under
5 U.S.C. 553(d)(3) to waive the delay in
effectiveness for this action.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications, as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
A Final Regulatory Flexibility Act
(FRFA) analysis was prepared for this
action. The FRFA incorporates the
Initial Regulatory Flexibility Act (IRFA)
analysis, a summary of the significant
issues raised by the public comments in
response to the IRFA, NMFS’ responses
to those comments, a summary of the
analyses completed in the Framework 8
EA, and this portion of the preamble. A
summary of the IRFA was published in
the proposed rule for this action and is
not repeated here. A description of why
this action was considered, the
objectives of, and the legal basis for this
rule is contained in Framework 8 and in
the preamble to the proposed and this
final rule, and is not repeated here. All
of the documents that constitute the
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Fmt 4700
Sfmt 4700
FRFA are available from NMFS (see
ADDRESSES).
Summary of the Significant Issues
Raised by Public Comments in Response
to the IRFA. A Summary of the
Assessment of the Agency of Such
Issues, and a Statement of Any Changes
Made From the Proposed Rule as a
Result of Such Comments
The public did not raise any
significant issues in response to the
IRFA, so no changes were made from
the proposed rule.
Description of and Estimate of the
Number of Small Entities to Which the
Final Rule Will Apply
This action would affect any vessel
issued a valid Federal limited access
monkfish permit. NMFS issued 625
limited access monkfish permits 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 of $19.0 million; and the
shellfish fishing sector (NAICS code
114112) as a firm or affiliate group with
gross revenue of $5.0 million or more.
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 3year 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, we classified
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
629 entities as ‘‘small,’’ while we
classified the remaining 22 entities as
‘‘large’’ because they had gross fishing
revenue in excess of the SBA revenue
criteria specified above for small
entities.
mstockstill on DSK4VPTVN1PROD with RULES
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Final Rule
This action does not contain any new
recordkeeping or reporting
requirements, and does not impose any
additional costs to affected vessels.
Description of Steps the Agency Has
Taken To Minimize the Significant
Economic Impact on Small Entities
Consistent With the Stated Objectives of
Applicable Statues
During the development of
Framework 8, the Councils considered
and fully analyzed several alternatives
to the measures implemented by this
action. The No Action Alternatives
would have retained the existing
monkfish DAS allocations, landing
limits, and restrictions on when
monkfish-only DAS can be used and
where Category H permits can fish.
NFMA Alternative 2 would have
increased monkfish DAS allocations to
64 DAS, but kept landing limits the
same as those effective in FY 2012.
SFMA Alternative 3 would have
retained existing landing limits and
increased monkfish DAS allocation to
51 DAS, while SFMA Alternative 4
would have slightly increased monkfish
landing limits, but retained existing
SFMA monkfish DAS use restrictions.
For both areas, the Councils did not
adopt the No Action Alternatives
because the existing monkfish DAS,
landing limits, and DAS use and area
restrictions have not achieved OY in
recent years, resulting in forgone fishing
opportunities and associated vessel
revenue. Those measures would not
increase opportunities to land monkfish
or the efficiency of vessel operations
consistent with the purpose and need
for this action. For a more complete
description of the alternatives
considered, refer to preamble of the
proposed rule for this action and the EA
prepared for this action (see
ADDRESSES).
The Councils considered two
alternatives for revisions to when
monkfish-only DAS could be used and
where limited access monkfish Category
H vessels can fish: The No Action and
the preferred alternative. Because the
Councils adopted the preferred
alternatives that liberalize when
monkfish-only DAS could be used and
where limited access monkfish Category
H permits can fish, we have
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implemented measures under this
action that maximize fishing
opportunities and minimize adverse
impacts to affected entities from these
provisions.
The changes to monkfish DAS and
landing limits implemented by this rule
do not maximize revenue among the
alternatives considered. When evaluated
in isolation, we expect the NFMA
measures implemented by this rule will
result in approximately $600,000 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
SFMA measures implemented by this
rule would result in about $0.7 million
more monkfish revenue than expected
under existing measures (No Action
Alternative). Compared to SFMA
Alternatives 3 and 4, the measures
implemented by this action would
result in $3.2 million less monkfish
revenue than under Alternative 3
(increasing monkfish DAS allocations to
51 DAS while maintaining existing
monkfish landing limits), but $1.5
million more monkfish revenue than
under Alternative 4 (existing monkfish
DAS usage limit, but higher directed
landing limits). When the revenue
streams of all possible combinations of
alternatives are considered, the
measures implemented by this rule
would increase monkfish revenue by
$330,000–$2.3 million compared to
some combinations of alternatives, but
also result in $146,000–$2.6 million less
monkfish revenue compared to other
combinations of alternatives. Overall,
the measures implemented by this
action would increase monkfish revenue
by about $2.3 million compared to
existing measures.
Although other alternatives
considered by the Councils (NFMA
Alternative 2 and SFMA Alternative 3)
would likely have resulted in greater
short-term monkfish revenue compared
to the measures implemented by this
action, those alternatives may have had
different potential impacts on the
monkfish resource. All alternatives
would have resulted in catch that are
lower than existing catch limits, with
the non-selected alternatives likely
resulting in higher monkfish catch that
those implemented by this action.
However, during the development of
Framework 8, some members of the
fishing industry and Councils were
concerned with the high degree of
uncertainty in the latest monkfish stock
assessment update, and that
substantially increasing monkfish catch
may adversely affect the long-term
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41923
sustainability of the stocks. They cited
concerns about persistent retrospective
patterns in the assessment that continue
to overestimate biomass and
underestimate fishing mortality,
suggesting that the stock is not as
healthy as implied by the assessment
results. This is similar to comments
made by the SSC during their review of
the latest assessment update. The
Councils sought to balance interest in
increasing monkfish landings and
associated revenues with concerns
about uncertainty in the current
estimates of stock biomass and the
potential that excessive harvest could
inadvertently lead to overfishing and
future reductions in catch levels to
ensure the long-term sustainability of
monkfish stocks. The measures
implemented by this rule will likely
result in a modest increase in monkfish
landings and associated revenue,
without increasing the risk that
overfishing would occur, particularly
after consideration of continuing
retrospective patterns. Thus, the
measures adopted and implemented
under this action represent a
compromise between biological and
economic benefits to the monkfish
fishery that attempt to increase shortterm economic benefits and minimize
the potential for long-term reductions in
fishing opportunities and associated
fishing revenue.
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, we prepared a letter
to permit holders that also serves as
small entity compliance guide (the
guide). Copies of this final rule are
available from the Greater Atlantic
Regional Fisheries Office. We will send
copies of the guide (i.e., permit holder
letter) to all monkfish permit holders
and make both the guide and this final
rule available upon request.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
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41924
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Dated: July 14, 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 amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.2, add a definition for
‘‘Monkfish-only DAS’’ in alphabetical
order to read as follows:
■
§ 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.
*
*
*
*
*
■ 3. In § 648.92, revise paragraphs
(b)(1)(i) and (ii), (b)(2) and (3), and
(b)(9)(i) to read as follows:
§ 648.92 Effort-control program for
monkfish limited access vessels.
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*
*
*
*
*
(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 § 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 setaside. 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
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Jkt 232001
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 § 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
§ 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 § 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 have 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 monkfishonly DAS without the concurrent use of
a NE multispecies DAS at any time
throughout the fishing year, regardless
of the number of NE multispecies
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Frm 00048
Fmt 4700
Sfmt 4700
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 § 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
§ 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 § 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 § 648.91(b).
*
*
*
*
*
§ 648.93
[Amended]
4. In § 648.93, remove paragraph (b),
and redesignate paragraphs (a)(1) and
(a)(2) as paragraphs (a) and (b),
respectively.
■ 5. In § 648.94, revise paragraphs
(b)(1)(ii), (b)(2)(i) and (ii), (b)(3)(i),
(c)(1)(i), and (f) to read as follows:
■
§ 648.94 Monkfish possession and landing
restrictions.
*
*
*
(b) * * *
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18JYR1
*
*
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
(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) * * *
(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 tailonly 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 tailonly 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
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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 § 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, fishing
for, possessing, or landing monkfish
under a NE 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, which is effective for a
period of not less than 7 days, and
fishing exclusively in the NFMA during
the effective period of that letter of
authorization. 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.
*
*
*
*
*
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41925
6. In § 648.95, revise paragraphs (a)(2),
(c), (e)(3), (f), (g) heading, and (g)(1) and
(3); and add paragraph (g)(4) to read as
follows:
■
§ 648.95
SFMA.
Offshore Fishery Program in the
(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° 00′ N. lat.
and on the north, west, and east by the
following coordinates, connected in the
order listed by rhumb lines.
Point
1 .....................
2 .....................
3 .....................
4 .....................
5 .....................
6 .....................
7 .....................
8 .....................
9 .....................
10 ...................
11 ...................
*
N. latitude
41°18.6′
40°55.5′
40°45.5′
40°37.0′
40°30.0′
40°22.7′
40°18.7′
40°21.0′
39°41.0′
38°47.0′
38°04.0′
W. longitude
66°24.8′
66°38.0′
68°00.0′
68°00.0′
69°00.0′
69°00.0′
69°40.0′
71°03.0′
72°32.0′
73°11.0′
74°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 § 648.91(c)(1)(i) and
(c)(1)(iii), as well as the other gear
requirements specified in § 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
§ 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).
*
*
*
*
*
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Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Rules and Regulations
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(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 § 648.94(b)(3).
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(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
PO 00000
monkfish incidental catch (Category E)
permit, specified at § 648.94(c).
*
*
*
*
*
[FR Doc. 2014–16959 Filed 7–17–14; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Rules and Regulations]
[Pages 41918-41926]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16959]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130726661-4551-02]
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: Final rule.
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SUMMARY: NMFS approves and implements measures included in Framework
Adjustment 8 to the Monkfish Fishery Management Plan. This action
increases monkfish day-at-sea allocations and landing limits, allows
vessels issued a limited access monkfish Category H permit to fish
throughout the Southern Fishery Management Area, and enables vessels to
use an allocated monkfish-only day-at-sea at any time throughout the
fishing year. It also revises biological reference points for the
monkfish stocks in the Northern and Southern Fishery Management Areas
based on an updated stock assessment. The approved measures are
intended to increase monkfish landings and better achieve optimum yield
in each fishery management area, increase operational flexibility to
maximize the value of available fishing opportunities, and ensure that
management measures are based on the best scientific information
available.
DATES: This final rule is effective on July 18, 2014.
ADDRESSES: We prepared a Final Regulatory Flexibility Analysis (FRFA),
which consists of the Initial Regulatory Flexibility Analysis (IRFA),
public comments and responses, and the
[[Page 41919]]
summary of impacts and alternatives contained in the Classification
section of the preamble of this final rule. Copies of the supporting
biological, economic, and social impact analysis for this action are
contained in the environmental assessment (EA) prepared for this rule,
and may be found at the following Internet address: https://www.nero.noaa.gov/regs/2014/May/14monkfishfw8ea.pdf. Paper 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. Copies of the small entity compliance
guide are available from the John K. Bullard, Regional Administrator,
National Marine Fisheries Service, 55 Great Republic Drive, Gloucester,
MA 01930-2276.
FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy
Analyst, (978) 281-9141, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
The New England and the Mid-Atlantic Fishery Management Councils
develop management measures governing the monkfish fishery under the
Monkfish Fishery Management Plan (FMP). 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 in each management area.
In May 2013, we conducted an operational stock assessment to update
monkfish biological reference points and provide projections to set
future catch levels. The New England Council's Scientific and
Statistical Committee (SSC) reviewed the results of that assessment and
additional analysis by the Councils' Plan Development Team, but
concluded that no changes to existing catch levels are warranted at
this time. The Councils concurred with the SSC's conclusions, and did
not propose any changes to existing catch levels. Accordingly, existing
catch levels 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
------------------------------------------------------------------------
Acceptable Biological Catch (ABC)... 7,592 mt........ 12,316 mt.
Annual Catch Limit (ACL)
Annual Catch Target (ACT)....... 6,567 mt........ 11,513 mt.
Total Allowable Landings (TAL)...... 5,854 mt........ 8,925 mt.
------------------------------------------------------------------------
In recent years, the monkfish fishery has failed to achieve optimum
yield (OY) because it has not fully harvested the Annual Catch Target
(ACT) specified for each year, particularly in the NFMA. Further,
members of the monkfish fishing industry have 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 limited access
monkfish Category H permits may fish. The Councils developed Framework
8 to incorporate the results of the latest monkfish stock assessment,
and to revise measures to better achieve OY and enhance the operational
efficiency of existing management measures. We published a proposed
rule to implement measures proposed in Framework 8 on May 27, 2014 (79
FR 30065), with public comments accepted through June 11, 2014. A full
summary of the development of Framework 8 and the purpose of each
proposed measure is included in that rule, and in the EA developed for
this action (see ADDRESSES).
Approved Measures
The following summarizes the approved Framework 8 measures. These
measures build upon the provisions implemented by previous management
actions, and are intended to either supplement or replace existing
regulations, as described for each measure. This final rule also
includes revisions to regulations that are not specifically identified
in Framework 8, but are necessary to correct errors or clarify existing
provisions, as authorized by section 305(d) of the Magnuson-Stevens
Fishery Conservation and Management Act.
Because measures proposed under Framework 8 and implemented through
this final rule did not become effective until after the start of
fishing year (FY) 2014 on May 1, 2014, all monkfish catch since May 1,
2014, will be deducted from the catch levels specified in Table 1 for
FY 2014. Further, 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 the monkfish DAS allocation
the vessel ultimately receives during FY 2014 upon the implementation
of measures approved under this action.
1. Revised Biological and Management Reference Points
This action updates the monkfish biological and management
reference point values to be consistent with those recommended by the
SSC and the best available scientific information from the 2013
monkfish operational assessment (see Table 2). These reference points
are used to determine if overfishing is occurring on either stock
(fishing mortality rate (F) threshold (FThreshold)), if
either stock is overfished (biomass (B) threshold
(BThreshold)), or if either stock is rebuilt
(BTarget).
[[Page 41920]]
Table 2--Comparison of Monkfish Biological Reference Points Between SAW 50 (2010) and the 2013 Monkfish
Assessment Update
----------------------------------------------------------------------------------------------------------------
SAW 50 and 2013 Operational
Monkfish management area Biological reference point 2010 SSC assessment and SSC
review review
----------------------------------------------------------------------------------------------------------------
NFMA.................................. FMAX (threshold)................. 0.43 0.44
BTarget.......................... 52,930 mt 46,074 mt
BThreshold....................... 26,465 mt 23,037 mt
Overfishing Level................ 19,557 mt 17,805 mt
Maximum Sustainable Yield........ 10,745 mt 9,383 mt
SFMA.................................. FMAX (threshold)................. 0.46 0.37
BTarget.......................... 74,490 mt 71,667 mt
BThreshold....................... 37,245 mt 35,834 mt
Overfishing Level................ 36,245 mt 23,204 mt
Maximum Sustainable Yield........ 15,279 mt 14,328 mt
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2. Changes to Monkfish DAS Allocations and Landing Limits
Existing monkfish DAS allocations and landing limits are raised to
help increase monkfish landings and the proportion of the TAL and ACT
caught in each area (see Table 3). Under this action, all limited
access monkfish permits are allocated 46 monkfish DAS. Each permit's
monkfish DAS allocation is then reduced by 0.8 DAS to set aside 500
monkfish DAS under the Monkfish Research Set Aside program, resulting
in 45.2 monkfish DAS (46 DAS--0.8 DAS) allocated to each limited access
monkfish permit starting in FY 2014. Of this 45.2 monkfish DAS
allocation, up to 32 may be used in the SFMA. This represents a 5.2 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.
Monkfish incidental landing limits are increased for limited access
monkfish Category C and D vessels fishing under a Northeast
multispecies (groundfish) DAS in the NFMA, while monkfish directed
landing limits are increased for vessels fishing under a monkfish DAS
in the SFMA (see Table 3). All other monkfish incidental landing limits
remain the same as those implemented by previous management actions.
Table 3--Changes to Monkfish DAS Allocations and Landing Limits for Limited Access Monkfish Category A, B, C, and D Permits
[In tail weight/DAS]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monkfish permit Monkfish permit
Management area Incidental landing limit category A/C category B/D Monkfish DAS
landing limit landing limit allocation *
--------------------------------------------------------------------------------------------------------------------------------------------------------
NFMA........................................... 600 lb (272 kg) for Category C Permits 1,250 lb (567 kg) 600 lb (272 kg) 45.2
and 500 lb (227 kg) for Category D
permits fishing under a groundfish DAS.
------------------------------------------
Unchanged for all other situations......
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SFMA........................................... Unchanged............................... 610 lb (277 kg) 500 lb (227 kg) 32
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* 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 issued a
limited access Category F permit and electing to participate in the
Offshore Fishery Program in the SFMA are calculated separately from the
monkfish DAS allocation to all limited access monkfish permits. As
outlined in Sec. 648.95(g)(2), we calculate the monkfish DAS
allocation for each Category F permit 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. We then multiply that
number by the vessel's monkfish DAS allocation (32 DAS in the SFMA plus
up to 4 DAS carried over from the previous year) to get the permit's
monkfish DAS allocation when participating in the Offshore Fishery
Program. Table 4 summarizes the monkfish DAS allocated to Category F
permits participating in the Offshore Fishery Program under this
action.
Table 4--Monkfish DAS Allocated to Permits Participating in the Offshore Fishery Program
----------------------------------------------------------------------------------------------------------------
If your original monkfish limited access permit Your maximum monkfish DAS allocation under the Offshore
category is . . . Fishery Program will be . . .
----------------------------------------------------------------------------------------------------------------
A or C 13.7 DAS
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B, D, or H 12.4 DAS
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[[Page 41921]]
3. Modified Monkfish DAS Usage Requirements
Limited access monkfish Category C and D vessels may now use
monkfish-only DAS at any time throughout the FY under this action.
Monkfish-only DAS are a permit's monkfish DAS allocation in excess of
that permit's allocation of groundfish Category A DAS at the beginning
of the FY. Under this action, a vessel no longer has to use all of its
allocated groundfish DAS in conjunction with allocated monkfish DAS
before it can use any remaining monkfish-only DAS. A vessel will be
charged monkfish DAS based upon the monkfish DAS type declared via the
interactive voice response (call-in) system or the vessel monitoring
system before each trip. These changes will 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 bycatch 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, particularly in the SFMA.
4. Expanded Boundary Line for Monkfish Limited Access Permit Category H
Vessels
A vessel issued a limited access monkfish Category H permit may now
fish throughout the SFMA. This action eliminates the previous
restriction limiting such vessels to fish for monkfish south of
38[deg]40' N lat. This provides greater operational flexibility to
vessel operators, and enables them to maximize opportunities to fish
for monkfish.
5. Corrections and Clarifications to Existing Regulations
We have made the following corrections to existing regulations to
address inadvertent errors, omissions, and ambiguities in existing
regulations under the authority provided to the Secretary of Commerce
in section 305(d) of the Magnuson-Stevens Act.
In Sec. 648.2, a definition of ``monkfish-only DAS'' is inserted
to clarify the use of that term in the monkfish effort-control program
provisions specified at Sec. 648.92. The new definition specifies 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 FY based upon the acquisition or relinquishment of groundfish DAS
under the NE Multispecies DAS Leasing Program.
In Sec. 638.92, paragraph (b)(3) is 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 fished shall be
charged to the nearest minute.
In Sec. 648.93, paragraph (b) is deleted and paragraphs (a)(1) and
(a)(2) are designated as paragraphs (a) and (b), respectively.
In Sec. 648.94, paragraph (f) is revised to clarify that a vessel
operator may declare his/her intent to fish in the NFMA via the vessel
monitoring system or the interactive voice response call-in system.
Comments and Responses on Measures Proposed in the Framework 8 Proposed
Rule
We received two comments during the comment period on the proposed
rule for this action from one individual and one organization
representing commercial seafood processors. Please note in considering
the responses to comments below that NMFS may only approve or
disapprove measures proposed in a fishery management plan, amendment,
or framework adjustment, and may not change or substitute any measure
in a substantive way, pursuant to section 304(a)(3) of the Magnuson-
Stevens Act.
General Comments
Comment 1: One commenter opposed making defining OY the
responsibility of NMFS, suggesting that the first goal should be to
protect fish from commercial fishing entities. This commenter
recommended reducing monkfish catch limits by 50 percent immediately,
suggesting that existing catch limits are unsustainable.
Response: The Magnuson-Stevens Act, not NMFS, makes NMFS
responsible for, and defines, the OY (see 16 U.S.C. Sec. 1851 and 50
CFR Sec. 600.310). In Amendment 5 (76 FR 30265; May 25, 2011), the
Councils further specified that OY in the Monkfish FMP means fully
harvesting the ACT in each area, consistent with the National Standard
1 guidelines (74 FR 3178; January 16, 2009). This action does not
revise the definition of OY in the Monkfish FMP or Magnuson-Stevens
Act, but rather revises monkfish regulations to more effectively
achieve OY, as required by the Magnuson-Stevens Act.
As specified in the proposed rule for this action, we conducted an
operational assessment for both monkfish stocks in 2013 to provide
information relevant for setting monkfish catch levels beginning in FY
2014. According to that assessment, both monkfish stocks are rebuilt
and neither overfished, nor subject to overfishing. While acknowledging
the uncertainty in the latest monkfish assessment and that it provides
both positive and negative indications of stock status, the Councils
and the SSC concluded that changes to existing catch levels are not
warranted at this time. Therefore, this action maintains existing
monkfish catch limits in both areas.
Comment 2: One organization representing commercial seafood
processors supported any efforts that will increase monkfish landings.
This group claimed that the FMP has prevented fishermen from fully
harvesting the total allowable landings (TAL) amounts in recent years,
with landings averaging 62 and 67 percent of the TAL from the NFMA and
SFMA, respectively, during the past 4 years. This group suggested that
the proposed measures are unlikely to substantially increase monkfish
landings, because they provide no real incentive for fishermen to land
monkfish. While this group believes that the proposed increased
monkfish DAS will lead to higher monkfish landings from the SFMA, they
recommend that we increase the NFMA incidental monkfish landing limit
by 75 percent to more effectively increase monkfish landings, because
75 percent of NFMA monkfish landings occur when targeting other
species.
Response: We also support efforts to increase monkfish landings and
more fully realize OY in the monkfish fishery. As noted above, and in
the preamble of the proposed rule for this action, Framework 8 is
intended to increase incentives and opportunities to land monkfish
compared to recent years. The Councils' Monkfish Plan Development Team
investigated why existing measures have not provided sufficient
incentive to land monkfish in recent years, but failed to reach any
definitive conclusions. It is likely that there are many dynamic
factors influencing incentives to land monkfish, including market
price, reduced catch limits and other restrictions in the groundfish
fishery, additional fishing opportunities in other fisheries, and fish
availability. Both NMFS and the Councils will continue to monitor the
fishery and adjust measures, as necessary, to achieve OY and FMP
objectives, as required by the Magnuson-Stevens Act.
We recognize that the 75 percent of monkfish landed from the NFMA
are incidental landings when targeting other fisheries, mostly
groundfish. Based on industry input, the Councils proposed
[[Page 41922]]
increasing incidental landing limits as the primary means of increasing
monkfish landings in the NFMA under Framework 8. This action increases
incidental monkfish landing limits for vessels fishing on a groundfish
DAS in the NFMA by 100 percent for Category C vessels (from 300 lb (136
kg) to 600 lb (272 kg) tail weight per DAS) and 67 percent for Category
D vessels (from 300 lb (136 kg) to 500 lb (227 kg) tail weight per
DAS). Framework 8 does not increase incidental landing limits by 75
percent for Category D vessels, as recommended by the commenter. This
was because the Councils wanted to increase incidental landing limits
in a manner that would preserve the approximate differential fishing
opportunities associated with the two permit categories. Accordingly,
the Councils increased the incidental monkfish landing limit for
Category C permits more than Category D permits, because such permits
landed more monkfish during the original qualification period for their
limited access monkfish permits. Because incidental monkfish landings
by Category C vessels represent the majority of incidental monkfish
landings from the NFMA, this action should increase incidental monkfish
landings from the NFMA by an amount very close to the amount that would
result from the measures recommended by the commenter. Therefore, we
did not change the proposed NFMA monkfish incidental landing limits
through this action.
Changes From the Proposed Rule
We have not made any changes to the proposed regulations published
in the proposed rule for this action.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
Framework 8 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.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date because delaying the effectiveness of this rule
is contrary to the public interest. This rule increases monkfish DAS
allocations from 40 to 46 DAS, increases both targeted and incidental
monkfish landing limits, eliminates the provision restricting when
vessels can use monkfish-only DAS, and increases the area in which
monkfish Category H permits may target monkfish. The Councils developed
these measures to increase monkfish landings and associated fishing
revenue to more effectively achieve OY in the fishery. Increased
monkfish landings may also help alleviate substantial economic and
social impacts associated with substantially reduced fishing
opportunities in the groundfish fishery in recent years. Further, by
eliminating both the monkfish-only DAS use restriction and the northern
boundary for Category H permits, this action also eases restrictions
that unnecessarily reduce the efficient utilization of available
monkfish fishing opportunities for certain vessels. Accordingly,
delaying this action for 30-days is contrary to the public interest,
because it would unnecessarily delay the public's ability to take
advantage of increased opportunities to catch and land monkfish and
benefit from the associated economic benefits of higher monkfish
landings. A swift implementation of this final action increases the
likelihood that affected entities will be able to catch and land more
monkfish, resulting in additional fishing revenue and minimizing the
chances of continued negative economic impacts due to the recently
reduced groundfish quotas. Further, since this rule imposes no further
restrictions on the monkfish fishery that would alter existing fishing
practices or require affected entities to acquire additional equipment,
there is no need to delay implementation of this action to provide
affected entities sufficient time to prepare for the implementation of
this action. Thus, there is good cause under 5 U.S.C. 553(d)(3) to
waive the delay in effectiveness for this action.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
A Final Regulatory Flexibility Act (FRFA) analysis was prepared for
this action. The FRFA incorporates the Initial Regulatory Flexibility
Act (IRFA) analysis, a summary of the significant issues raised by the
public comments in response to the IRFA, NMFS' responses to those
comments, a summary of the analyses completed in the Framework 8 EA,
and this portion of the preamble. A summary of the IRFA was published
in the proposed rule for this action and is not repeated here. A
description of why this action was considered, the objectives of, and
the legal basis for this rule is contained in Framework 8 and in the
preamble to the proposed and this final rule, and is not repeated here.
All of the documents that constitute the FRFA are available from NMFS
(see ADDRESSES).
Summary of the Significant Issues Raised by Public Comments in Response
to the IRFA. A Summary of the Assessment of the Agency of Such Issues,
and a Statement of Any Changes Made From the Proposed Rule as a Result
of Such Comments
The public did not raise any significant issues in response to the
IRFA, so no changes were made from the proposed rule.
Description of and Estimate of the Number of Small Entities to Which
the Final Rule Will Apply
This action would affect any vessel issued a valid Federal limited
access monkfish permit. NMFS issued 625 limited access monkfish permits
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 of $19.0 million; and the shellfish fishing
sector (NAICS code 114112) as a firm or affiliate group with gross
revenue of $5.0 million or more. 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, we classified
[[Page 41923]]
629 entities as ``small,'' while we classified the remaining 22
entities as ``large'' because they had gross fishing revenue in excess
of the SBA revenue criteria specified above for small entities.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Final Rule
This action does not contain any new recordkeeping or reporting
requirements, and does not impose any additional costs to affected
vessels.
Description of Steps the Agency Has Taken To Minimize the Significant
Economic Impact on Small Entities Consistent With the Stated Objectives
of Applicable Statues
During the development of Framework 8, the Councils considered and
fully analyzed several alternatives to the measures implemented by this
action. The No Action Alternatives would have retained the existing
monkfish DAS allocations, landing limits, and restrictions on when
monkfish-only DAS can be used and where Category H permits can fish.
NFMA Alternative 2 would have increased monkfish DAS allocations to 64
DAS, but kept landing limits the same as those effective in FY 2012.
SFMA Alternative 3 would have retained existing landing limits and
increased monkfish DAS allocation to 51 DAS, while SFMA Alternative 4
would have slightly increased monkfish landing limits, but retained
existing SFMA monkfish DAS use restrictions. For both areas, the
Councils did not adopt the No Action Alternatives because the existing
monkfish DAS, landing limits, and DAS use and area restrictions have
not achieved OY in recent years, resulting in forgone fishing
opportunities and associated vessel revenue. Those measures would not
increase opportunities to land monkfish or the efficiency of vessel
operations consistent with the purpose and need for this action. For a
more complete description of the alternatives considered, refer to
preamble of the proposed rule for this action and the EA prepared for
this action (see ADDRESSES).
The Councils considered two alternatives for revisions to when
monkfish-only DAS could be used and where limited access monkfish
Category H vessels can fish: The No Action and the preferred
alternative. Because the Councils adopted the preferred alternatives
that liberalize when monkfish-only DAS could be used and where limited
access monkfish Category H permits can fish, we have implemented
measures under this action that maximize fishing opportunities and
minimize adverse impacts to affected entities from these provisions.
The changes to monkfish DAS and landing limits implemented by this
rule do not maximize revenue among the alternatives considered. When
evaluated in isolation, we expect the NFMA measures implemented by this
rule will result in approximately $600,000 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 SFMA measures implemented by this rule would result in
about $0.7 million more monkfish revenue than expected under existing
measures (No Action Alternative). Compared to SFMA Alternatives 3 and
4, the measures implemented by this action would result in $3.2 million
less monkfish revenue than under Alternative 3 (increasing monkfish DAS
allocations to 51 DAS while maintaining existing monkfish landing
limits), but $1.5 million more monkfish revenue than under Alternative
4 (existing monkfish DAS usage limit, but higher directed landing
limits). When the revenue streams of all possible combinations of
alternatives are considered, the measures implemented by this rule
would increase monkfish revenue by $330,000-$2.3 million compared to
some combinations of alternatives, but also result in $146,000-$2.6
million less monkfish revenue compared to other combinations of
alternatives. Overall, the measures implemented by this action would
increase monkfish revenue by about $2.3 million compared to existing
measures.
Although other alternatives considered by the Councils (NFMA
Alternative 2 and SFMA Alternative 3) would likely have resulted in
greater short-term monkfish revenue compared to the measures
implemented by this action, those alternatives may have had different
potential impacts on the monkfish resource. All alternatives would have
resulted in catch that are lower than existing catch limits, with the
non-selected alternatives likely resulting in higher monkfish catch
that those implemented by this action. However, during the development
of Framework 8, some members of the fishing industry and Councils were
concerned with the high degree of uncertainty in the latest monkfish
stock assessment update, and that substantially increasing monkfish
catch may adversely affect the long-term sustainability of the stocks.
They cited concerns about persistent retrospective patterns in the
assessment that continue to overestimate biomass and underestimate
fishing mortality, suggesting that the stock is not as healthy as
implied by the assessment results. This is similar to comments made by
the SSC during their review of the latest assessment update. The
Councils sought to balance interest in increasing monkfish landings and
associated revenues with concerns about uncertainty in the current
estimates of stock biomass and the potential that excessive harvest
could inadvertently lead to overfishing and future reductions in catch
levels to ensure the long-term sustainability of monkfish stocks. The
measures implemented by this rule will likely result in a modest
increase in monkfish landings and associated revenue, without
increasing the risk that overfishing would occur, particularly after
consideration of continuing retrospective patterns. Thus, the measures
adopted and implemented under this action represent a compromise
between biological and economic benefits to the monkfish fishery that
attempt to increase short-term economic benefits and minimize the
potential for long-term reductions in fishing opportunities and
associated fishing revenue.
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, we prepared a letter to permit holders that
also serves as small entity compliance guide (the guide). Copies of
this final rule are available from the Greater Atlantic Regional
Fisheries Office. We will send copies of the guide (i.e., permit holder
letter) to all monkfish permit holders and make both the guide and this
final rule available upon request.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
[[Page 41924]]
Dated: July 14, 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 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. 648.2, 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) and (ii), (b)(2) and
(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 have 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) and (ii),
(b)(3)(i), (c)(1)(i), and (f) to read as follows:
Sec. 648.94 Monkfish possession and landing restrictions.
* * * * *
(b) * * *
[[Page 41925]]
(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) * * *
(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, fishing for, possessing,
or landing monkfish under a NE 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,
which is effective for a period of not less than 7 days, and fishing
exclusively in the NFMA during the effective period of that letter of
authorization. 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)
heading, and (g)(1) and (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).
* * * * *
[[Page 41926]]
(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. 2014-16959 Filed 7-17-14; 8:45 am]
BILLING CODE 3510-22-P
