Fisheries of the Northeastern United States; Monkfish; Framework Adjustment 13, 25351-25357 [2023-08622]
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Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 / Proposed Rules
or processes to identify hazards and
potential consequences of the hazards.
(2) A transit agency must consider, as
a source for hazard identification:
(i) Data and information provided by
an oversight authority, including but not
limited to FTA, the State, or as
applicable, the State Safety Oversight
Agency having jurisdiction;
(ii) Data and information regarding
exposure to infectious disease provided
by the CDC or a State health authority;
and
(iii) Safety concerns identified
through Safety Assurance activities
carried out under § 673.27.
(c) Safety risk assessment. (1) A
transit agency must establish methods
or processes to assess the safety risk
associated with identified safety
hazards.
(2) A safety risk assessment includes
an assessment of the likelihood and
severity of the potential consequences of
identified hazards, taking into account
existing safety risk mitigations, to
determine if safety risk mitigation is
necessary and to inform prioritization of
safety risk mitigations.
(d) Safety risk mitigation. (1) A transit
agency must establish methods or
processes to identify safety risk
mitigations or strategies necessary as a
result of the transit agency’s safety risk
assessment to reduce the likelihood and
severity of the potential consequences.
For large urbanized area providers,
these methods or processes must
address the role of the transit agency’s
Safety Committee.
(2) A transit agency must consider, as
a source for safety risk mitigation:
(i) Guidance provided by an oversight
authority, if applicable, and FTA; and
(ii) Guidelines to prevent or control
exposure to infectious diseases provided
by the CDC or a State health authority.
ddrumheller on DSK120RN23PROD with PROPOSALS1
§ 673.27
Safety assurance.
(a) Safety assurance process. A transit
agency must develop and implement a
safety assurance process, consistent
with this subpart. A rail fixed guideway
public transportation system, and a
recipient or subrecipient of Federal
financial assistance under 49 U.S.C.
chapter 53 that operates more than one
hundred vehicles in peak revenue
service, must include in its safety
assurance process each of the
requirements in paragraphs (b), (c), and
(d) of this section. A small public
transportation provider only must
include in its safety assurance process
the requirements in paragraphs (b) and
(d) of this section.
(b) Safety performance monitoring
and measurement. A transit agency
must establish activities to:
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(1) Monitor its system for compliance
with, and sufficiency of, the transit
agency’s procedures for operations and
maintenance;
(2) Monitor its operations to identify
any safety risk mitigations that may be
ineffective, inappropriate, or were not
implemented as intended. For large
urbanized area providers, these
activities must address the role of the
transit agency’s Safety Committee;
(3) Conduct investigations of safety
events to identify causal factors; and
(4) Monitor information reported
through any internal safety reporting
programs.
(c) Management of change. (1) A
transit agency must establish a process
for identifying and assessing changes
that may introduce new hazards or
impact the transit agency’s safety
performance.
(2) If a transit agency determines that
a change may impact its safety
performance, then the transit agency
must evaluate the proposed change
through its safety risk management
process.
(d) Continuous improvement. (1) A
transit agency must establish a process
to assess its safety performance
annually.
(i) This process must include the
identification of deficiencies in the
transit agency’s SMS and deficiencies in
the transit agency’s performance against
safety performance targets required in
§ 673.11(a)(3).
(ii) For large urbanized area providers,
this process must also address the role
of the transit agency’s Safety Committee
and include the identification of
deficiencies in the transit agency’s
performance against annual safety
performance targets set for the safety
risk reduction program required under
§ 673.20(b).
(iii) Rail transit agencies must also
address any specific internal safety
review requirements established by
their State Safety Oversight Agency.
(2) A transit agency must develop and
carry out, under the direction of the
Accountable Executive, a plan to
address any deficiencies identified
through the safety performance
assessment described paragraph (d)(1) of
this section.
§ 673.29
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Sfmt 4702
transit agency’s public transportation
system. The training program must
include refresher training, as necessary.
(2) Large urbanized area providers
must include maintenance transit
workers in the safety training program.
(b) Safety communication. A transit
agency must communicate safety and
safety performance information
throughout the transit agency’s
organization that, at a minimum,
conveys information on hazards and
safety risk relevant to transit workers’
roles and responsibilities and informs
transit workers of safety actions taken in
response to reports submitted through a
transit worker safety reporting program.
A transit agency must also communicate
the results of cooperation with frontline
transit worker representatives as
described at § 673.17(b) or the Safety
Committee activities described in
§ 673.19.
Subpart E—Safety Plan Documentation
and Recordkeeping
§ 673.31
Safety plan documentation.
At all times, a transit agency must
maintain documents that set forth its
Public Transportation Agency Safety
Plan, including those related to the
implementation of its SMS, and results
from SMS processes and activities. A
transit agency must maintain documents
that are included in whole, or by
reference, that describe the programs,
policies, and procedures that the transit
agency uses to carry out its Public
Transportation Agency Safety Plan.
These documents must be made
available upon request by FTA or other
Federal entity, or a State or State Safety
Oversight Agency having jurisdiction. A
transit agency must maintain these
documents for a minimum of three years
after they are created.
[FR Doc. 2023–08777 Filed 4–25–23; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230419–0105]
Safety Promotion.
(a) Competencies and training. (1) A
transit agency must establish and
implement a comprehensive safety
training program that includes deescalation training, safety concern
identification and reporting training,
and refresher training for all operations
transit workers and transit workers
directly responsible for safety in the
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RIN 0648–BM06
Fisheries of the Northeastern United
States; Monkfish; Framework
Adjustment 13
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 / Proposed Rules
Proposed rule; request for
comments.
ACTION:
NMFS is proposing to
approve and implement specifications
submitted by the New England and MidAtlantic Fishery Management Councils
in Framework Adjustment 13 to the
Monkfish Fishery Management Plan.
This action would set monkfish
specifications for fishing years 2023
through 2025, adjust annual Days-AtSea allocations, and increase the
minimum gillnet mesh size for vessels
fishing on monkfish Days-At-Sea. This
action is needed to establish allowable
monkfish harvest levels and
management measures that will prevent
overfishing and reduce bycatch.
DATES: Public comments must be
received by May 11, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0013, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2023–0013 in the Search
Box. Click the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of the Framework 13
document, including the Regulatory
Flexibility Act Analysis and other
supporting documents for the
specifications, are available from
Thomas A. Nies, Executive Director,
SUMMARY:
New England Fishery Management
Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. The
specifications document is also
accessible via the internet at: https://
www.nefmc.org/management-plans/
monkfish.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Policy
Analyst, (978) 281–9232.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly
managed under the Monkfish Fishery
Management Plan (FMP) by the New
England and the Mid-Atlantic Fishery
Management Councils. The fishery
extends from Maine to North Carolina
from the coast out to the end of the
continental shelf. 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 Southern New England and into
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 target total allowable
landings (TAL) and the annual catch
target (ACT), which is the TAL plus an
estimate of expected discards, for each
management area.
Proposed Measures
1. Specifications
We are proposing to adjust the NFMA
and SFMA quotas for fishing years 2023
through 2025 (Table 1), based on the
Councils’ recommendations.
On October 26, 2022, the New
England Council’s Scientific and
Statistical Committee (SSC)
recommended acceptable biological
catch (ABC) levels in the NFMA and
SFMA for fishing years 2023–2025
based on the I-smooth method applied
during the 2022 Monkfish Management
Track Assessment. The I-smooth
method is a model-free method for
developing catch advice that applies a
trawl-survey derived multiplier to
recent 3-year catch, and was selected for
use for monkfish in the absence of an
analytic model for either stock. At its
December 2022 meeting, the New
England Council delayed final action on
Framework 13 and remanded the ABC
recommendations back to the SSC for
further consideration. Specifically, the
New England Council requested that the
SSC consider setting ABCs for the FY
2023–2025 as the average of the Ismooth approach and a modified Ismooth that applies the trawl survey
multipliers to the recent ABCs as an
alternative method for determining
catch advice. The Mid-Atlantic Council
concurred with the New England
Council’s delay and remand during its
December 2022 meeting. On January 20,
2023, the SSC met, considered the New
England Council requested method for
determining catch advice, and made an
updated ABC recommendation. On
January 25, 2023, The New England
Council approved the updated
specifications for 2023–2025, and the
Mid-Atlantic Council did the same on
February 7, 2023. The Councils’
recommendations are based on the
results of the 2022 assessment update
and the January 20, 2023,
recommendations of the New England
Council’s SSC.
The Council recommended
specifications include a 25-percent
decrease in the ABC and annual catch
limit (ACL) in the NFMA and a 52percent decrease in the ABC and ACL in
the SFMA, when compared to the 2020–
2022 specifications. Discards, calculated
using the median of the most recent 10
years of data, decreased in both areas,
but more significantly in the SFMA.
After accounting for discards, the
Councils recommend a 20-percent
decrease in the TAL for the NFMA and
a 41-percent decrease in the TAL for the
SFMA. Despite these changes, both
Councils recommend no adjustments to
day-at-sea allocations or landing limits.
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TABLE 1—PROPOSED FRAMEWORK 13 SPECIFICATIONS
Northern area
Proposed
2023–2025
specs
(mt)
Catch limits
Acceptable Biological Catch ...................................................................................
Annual Catch Limit ..................................................................................................
Management Uncertainty (3%) ...............................................................................
Annual Catch Target (Total Allowable Landings + discards) .................................
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6,224
6,224
187
6,038
Southern area
Percent
change from
2022 *
¥25
¥25
......................
¥25
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Proposed
2023–2025
specs
(mt)
5,861
5,861
176
5,685
Percent
change from
2022 *
¥52
¥52
......................
¥52
Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 / Proposed Rules
25353
TABLE 1—PROPOSED FRAMEWORK 13 SPECIFICATIONS—Continued
Northern area
Proposed
2023–2025
specs
(mt)
Catch limits
Southern area
Percent
change from
2022 *
Proposed
2023–2025
specs
(mt)
Percent
change from
2022 *
Expected Discards ..................................................................................................
729
¥51
2,205
¥64
Total Allowable Landings .................................................................................
5,309
¥20
3,481
¥41
* Percent change from the previously approved 2020–2022 specifications.
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At the end of each fishing year, we
evaluate catch information and
determine if the quota has been
exceeded. The regulations at 50 CFR
648.96(d) require the Councils to revise
the monkfish ACT if it is determined
that the annual catch limit was
exceeded in any given year, or for
NMFS to revise the monkfish ACT if the
Councils fail to take action. We would
publish a notice in the Federal Register
of any revisions to these proposed
specifications if an overage occurs. We
expect, based on preliminary 2022 yearend accounting, that no adjustment is
necessary for fishing year 2023. We will
provide notice of the 2024 and 2025
quotas prior to the start of each
respective fishing year.
2. Annual DAS Allocations
Under current regulations, each vessel
possessing a limited access monkfish
permit is annually allocated a total of 46
DAS, of which up to 37 may be used in
the SFMA. This total allocation is
reduced by an amount necessary to
reserve 500 DAS from the entire fishery
for the Monkfish Research Set-Aside
(RSA) Program reach year. In addition,
vessels may carryover up to 4 unused
DAS from one fishing year to the next.
The amount of DAS ultimately available
to a vessel for a given fishing year is the
sum of the initial allocation, plus any
eligible DAS carried over and less the
annual RSA deduction.
To ensure that the fishery is able to
meet, but not exceed, the new TALs
proposed for 2023–2025, both Councils
recommended that Framework 13
include a set of changes to the yearly
DAS allocation. First, the initial
allocation of DAS that could previously
be used in any area would be split into
separate DAS allocations for each of the
NFMA and SFMA. The Councils
recommended that each limited access
vessel be allocated 35 DAS for the
NFMA and 37 DAS for the SFMA.
Second, the 37 DAS restriction for the
SFMA would be removed and replaced
with a new limit that would restrict
vessels from using more than 46
allocated DAS total during each fishing
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year. Finally, the annual deduction of
RSA DAS from each limited access
vessel’s DAS allocation would be
applied proportionally to the separate
DAS allocations for the NFMA and
SFMA. The DAS carryover provisions
would not be changed by this action;
vessels would be eligible for up to 4
carryover DAS in each fishing year that
would not count against the allocation
limits in either area or the general
allocated DAS usage restriction.
3. Minimum Gillnet Mesh Size Increase
To reduce bycatch of small monkfish,
both Councils recommended an increase
in the minimum gillnet mesh size for
vessels on a monkfish DAS or fishing in
the Gulf of Maine/Georges Bank Dogfish
and Monkfish Gillnet Fishery
Exemption from 10 inches (25.4 cm) to
12 inches (30.5 cm) diamond mesh. This
change would go into effect at the
beginning of May 1, 2026. The
additional time would allow any
affected vessels not already using the
larger mesh size time to make the
transition as part of the normal
operation and replacement of worn nets.
We expect that the delayed
implementation will reduce the overall
cost of this measure to industry.
4. Regulatory Corrections
Using our authority under section
305(d) of the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), we are
clarifying the regulation at
§ 648.92(b)(2)(iii)(B) that describes the
interaction between the Northeast (NE)
multispecies DAS leasing program at
§ 648.82(k) and monkfish DAS balances
for category C, D, F, G, or H vessels that
choose to lease NE multispecies DAS.
When a category C, D, F, G, or H
vessel leases NE multispecies DAS to
another vessel(s), a certain number of
monkfish DAS owned by the lessor
vessel become unavailable for use. The
current regulatory text does not clearly
explain the method used to determine
the number of monkfish DAS owned by
the lessor vessel that may become
unavailable in such transactions. In
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addition, the current numerical example
does not match preceding written
examples, and may be confusing.
The proposed changes to
§ 648.92(b)(2)(iii)(B) are intended to
more clearly describe the interaction
between the NE multispecies DAS
leasing program and monkfish DAS
balances for category C, D, F, G, or H
vessels that choose to lease NE
multispecies DAS. The proposed
changes do not substantively change the
way in which monkfish DAS balances
are affected by leases of NE multispecies
DAS.
Classification
NMFS is issuing this rule pursuant to
sections 304(b)(1)(A) and 305(d) of the
Magnuson-Stevens Fishery
Conservation and Management Act,
which provide specific authority for
implementing this action. Section
304(b)(1)(A) authorizes NMFS to initiate
an evaluation of proposed regulations to
determine whether they are consistent
with the fishery management plan, plan
amendment, the Magnuson-Stevens Act
and other applicable law, and if that
determination is affirmative, publish the
regulations in the Federal Register for
public comment.
Additionally, this rule contains a
regulatory correction being issued
pursuant to MSA section 305(d) that is
necessary to carry out the Monkfish
FMP. The correction is necessary to
carry out the Monkfish FMP because it
clarifies regulations describing how
monkfish DAS are managed in relation
to the Northeast multispecies DAS
leasing program. A clear description of
this process is necessary for the public
and industry to understand it and make
decisions regarding to management of
DAS. Though this correction is being
included in this proposed rule to
implement Framework 13, it is not part
of Framework 13 as approved by the
Councils. The lack of clarity in the
current regulatory text was discovered
after the approval of Framework 13 by
the Councils, and could not be
included. Making this correction
pursuant to 305(d) authority allows for
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Federal Register / Vol. 88, No. 80 / Wednesday, April 26, 2023 / Proposed Rules
the correction to be implemented more
quickly than otherwise possible.
Though the correction is consistent with
the FMP and review was not necessary,
the Council did receive the opportunity
to review and deem the change to the
regulatory text necessary and
appropriate.
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the Monkfish FMP,
other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
NMFS finds that a 15-day comment
period for this action provides a
reasonable opportunity for public
participation in this action, while also
ensuring that the final specifications are
in place as close to start of the monkfish
fishing year on May 1, 2023, as possible.
This action was jointly developed by the
New England and Mid-Atlantic Fishery
Management Councils as part of the
annual Framework Adjustment process,
during which final action by the
Councils was expected in December
2022. However, the Council process was
delayed in order to provide time for the
New England Fishery Management
Council’s Scientific and Statistical
Committee to re-evaluate its ABC
recommendations for 2023 through
2025. This action could not be proposed
sooner as a result of the delay in this
process. Stakeholder and industry
groups have been involved with the
development of this action and have
participated in public meetings
throughout the past year. A prolonged
comment period and subsequent
potential delay in implementation
would be contrary to the public interest,
as it would extend the amount of time
in which no specifications are in place
for fishing year 2023, rather than
replacing them with the quotas
proposed in this rule, which are based
on the best available science. The
fishery may continue to operate under
current DAS and trip limit regulations
without specifications in fishing year
2023, but an extended delay could lead
to confusion.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this action, if adopted, would not
have a significant economic effect on a
substantial number of small entities.
As outlined in the preamble of this
rule, the purpose of this action is to
implement Framework 13 to the
Monkfish FMP. Framework 13 would
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set monkfish specifications for fishing
years 2023–2025, make changes to the
yearly allocation of DAS to vessels
issued limited access monkfish permits,
and increase the minimum mesh size for
gillnet vessels from 10 to 12 inches. The
specifications in this rule include a TAL
for the NFMA in fishing years 2023
through 2025 that is 20 percent lower
the TAL in fishing years 2020 through
2022 and a TAL for the SFMA in fishing
years 2023 through 2025 that is 41
percent lower than the TAL in fishing
years 2020 through 2022. This
framework is needed to establish
allowable monkfish harvest levels that
will prevent overfishing.
We issued 492 limited access
monkfish permits and 1,198 open access
monkfish permits as of June 1, 2022, for
a total of 1,692 permits potentially
regulated by this action. Each vessel
may be individually owned or part of a
larger corporate ownership structure,
and for RFA purposes, it is the
ownership entity that is ultimately
regulated by the proposed action. The
current ownership data set is based on
calendar year 2021 permits and contains
gross sales associated with those
permits for calendar years 2019 through
2021. Ownership data collected from
permit holders indicate there are 1,207
distinct business entities that held at
least one permit that could be directly
regulated by this proposed action in
2021. Of these 1,207 entities, 804 are
commercial fishing entities, and 137 are
for-hire entities.
For the purposes of the Regulatory
Flexibility Act, we define a small
business in the commercial harvesting
sector as a firm with receipts (gross
revenues) of up to $11 million for
commercial fishing businesses. Of the
804 commercial fishing entities, 793 are
categorized as small entities and 11 are
categorized as large entities, per the
NOAA Fisheries guidelines. All 137 forhire entities are categorized as small
businesses. In 2021, 266 of the 1,207
entities had zero monkfish revenue.
This action is expected to have
minimal economic impacts on both
large and small entities. Although the
proposed action would set TALs lower
than what was in place in fishing year
2021, actual landings in that year were
far less than the TALs proposed in this
action. Because we expect landings to
remain constant relative to fishing year
2021, we expect TAL reductions to pose
no cost on the fleet relative to 2021
activity. Additionally, the proposed
DAS allocation changes are expected to
constrain only four vessels based on
previous fishing activity; the vast
majority of small firms are not impacted
by the proposed DAS allocation change.
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Finally, the increased mesh size
regulations do not become effective
until 2026 (after the final year of the
specifications in this action) and are
estimated to impact eight vessels. The
delay in implementation allows affected
vessels to replace their nets as they
become worn out as part of regular net
replacement. This cost thus would not
be directly tied to the proposed mesh
size regulation, but instead is a regular
fishing operation cost.
This action is not expected to have a
significant impact on a substantial
number of small entities. Nearly all
monkfish entities (99 percent) are
considered small entities. Regulated
small entities identified in this analysis
are expected to experience no impacts.
No impacts are expected to the 12
regulated large entities, as they have
little dependence on monkfish revenue.
Small entities would not be placed at a
competitive disadvantage relative to
large entities, and the regulations would
not reduce the profit for any small
entities. As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing.
Dated: April 19, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 648 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. Amend § 648.10, by revising
paragraph (g)(3)(ii) to read as follows:
■
§ 648.10 VMS and DAS requirements for
vessel owners/operators.
*
*
*
*
*
(g) * * *
(3) * * *
(ii) An operator of a vessel issued both
a NE multispecies permit and a
monkfish permit are authorized to
change their DAS declaration from a NE
multispecies Category A DAS to a
monkfish DAS, while remaining subject
to the to the NE multispecies DAS usage
requirements under § 648.92(b)(1)(iv),
during the course of a trip, as provided
at § 648.92(b)(1)(vi)(A).
*
*
*
*
*
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3. Amend § 648.14, by revising
paragraphs (m)(2)(i) and (m)(3)(ii) to
read as follows:
■
§ 648.14
Prohibitions.
*
*
*
*
*
(m) * * *
(2) * * *
(i) Fish with or use nets with mesh
size smaller than the minimum mesh
size specified in § 648.91(c) while
fishing under a monkfish DAS, except
as authorized by § 648.91(c)(1)(v).
*
*
*
*
*
(3) * * *
(ii) Fail to comply with the NFMA or
SFMA requirements specified at
§ 648.92(b)(1)(v)
*
*
*
*
*
■ 4. Amend § 648.80, by revising
paragraph (a)(13)(i)(B) to read as
follows:
§ 648.80 NE Multispecies regulated mesh
areas and restrictions on gear and methods
of fishing.
*
*
*
*
*
(a) * * *
(13) * * *
(i) * * *
(B) Minimum Mesh Size.
(1) Through April 30, 2026, all
gillnets must have a minimum mesh
size of 10-inch (25.4-cm) diamond mesh
throughout the net.
(2) Starting May 1, 2026, all gillnets
must have a minimum mesh size of 12inch (30.5-cm) diamond mesh
throughout the net.
*
*
*
*
*
■ 5. Amend § 648.91, by revising
paragraphs (c)(1)(iii) and (iv) and adding
(c)(1)(v) and (vi) to read as follows:
§ 648.91 Monkfish regulated mesh areas
and restrictions on gear and methods of
fishing.
ddrumheller on DSK120RN23PROD with PROPOSALS1
*
*
*
*
*
(c) * * *
(1) * * *
(iii) Gillnets while on a monkfish DAS
for fishing years 2023, 2024, and 2025.
Until April 30, 2026, the minimum
mesh size for any gillnets used by a
vessel fishing under a monkfish DAS is
10-inch (25.4-cm) diamond mesh,
unless the vessel meets one of the
exceptions in paragraph (c)(1)(v) of this
section.
(iv) Gillnets while on a monkfish DAS
from fishing year 2026 and beyond.
Starting May 1, 2026, the minimum
mesh size for any gillnets used by a
vessel fishing under a monkfish DAS is
12-inch (30.5-cm) diamond mesh,
unless the vessel meets one of the
exceptions in paragraph (c)(1)(v) of this
section.
(v) Exceptions from the minimum
mesh size for gillnets on a monkfish
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DAS. A vessel fishing with gillnet gear
under a monkfish DAS is subject to the
minimum mesh size as defined in
paragraph (c)(1)(iii) or (c)(1)(iv) of this
section, unless:
(A) The owner or operator of a limited
access NE multispecies vessel fishing
under a NE multispecies category A
DAS with gillnet gear in the NFMA
changes the vessel’s DAS declaration to
a monkfish DAS through the vessel’s
VMS unit during the course of the trip
in accordance with the provisions
specified under § 648.92(b)(1)(vi);
(B) A vessel issued a Category C or D
limited access monkfish permit is
fishing under both a monkfish and NE
multispecies Category A DAS in the
SFMA using roundfish gillnets, as
defined at § 648.2, with 6.5-inch (16.5cm) diamond mesh;
(C) A vessel issued a limited access
monkfish permit is fishing on a
monkfish-only DAS in the Mid-Atlantic
Exemption Area using roundfish gillnets
with a minimum mesh size of 5 inches
(12.7 cm) in accordance with the
provisions specified under
§ 648.80(c)(5); or
(D) A vessel issued a limited access
monkfish permit is fishing on a
monkfish-only DAS in the Southern
New England Dogfish Exemption Area
using roundfish gillnets with a
minimum mesh size of 6 inches (15.2
cm) in accordance with the provisions
specified under § 648.80(b)(7).
(vi) Authorized gear while on a
monkfish and scallop DAS. Vessels
issued a Category C, D, G, or H limited
access monkfish permit and fishing
under a monkfish and scallop DAS may
only fish with and use a trawl net with
a mesh size no smaller than that
specified in paragraph (c)(1)(i) of this
section.
*
*
*
*
*
■ 6. Amend § 648.92, by revising
paragraphs (b)(1)(i) through (v), adding
(b)(1)(vi), revising paragraphs (b)(2)(ii)
and (b)(2)(iii)(B), and revising paragraph
(c)(1)(ii)(A) to read as follows:
§ 648.92 Effort-control program for
monkfish limited access vessels.
*
*
*
*
*
(b) * * *
(1) * * *
(i) DAS allocations. Each vessel
issued a limited access monkfish permit
will be allocated 35 monkfish DAS each
fishing year that may be used only in
the Northern Fishery Management Area
as defined in § 648.91(a). Each vessel
issued a limited access monkfish permit
will also be allocated 37 monkfish DAS
each fishing year that may be used only
in the Southern Fishery Management
Area as defined in § 648.91(b). The
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25355
annual allocation of monkfish DAS to
each vessel issued a limited access
monkfish permit in the NFMA and
SFMA shall be reduced by the amount
calculated in paragraph (b)(1)(iii) of this
section for the research DAS set-aside.
All DAS must be used in accordance
with the provisions of this paragraph (b)
unless the permit is enrolled in the
Offshore Fishery Program in the SFMA,
as specified in paragraph (b)(1)(ii) of
this section.
(ii) Offshore fishery program DAS
allocation. A vessel issued a Category F
permit, as described in § 648.95, shall be
allocated a prorated number of
monkfish DAS as specified in
§ 648.95(g)(2).
(iii) Research DAS set-aside. A total of
500 DAS will be set aside and made
available for cooperative research
programs as described in paragraph (c)
of this section. These DAS shall be
deducted proportionally from the DAS
allocated to each vessel issued a limited
access monkfish permit by the process
prescribed in this paragraph (b)(1)(iii).
(A) Calculating the total per vessel
DAS deduction. The total per vessel
DAS deduction will be calculated as the
quotient of 500 divided by the total
number of limited access permits issued
in the previous fishing year.
(B) Calculating the per vessel DAS
deduction for the NFMA and SFMA.
The total vessel DAS deduction will be
distributed proportionally to the DAS
for the NFMA and SFMA allocated to
each vessel issued a monkfish limited
access permit, as specified in paragraph
(b)(1)(i) of this section. To determine the
per-vessel deduction from the NFMA
DAS allocation, the total per vessel
deduction will be multiplied by the
quotient of the NFMA DAS allocation
divided by the total number of DAS
allocated to each monkfish limited
access vessel. To determine the pervessel deduction from the SFMA DAS
allocation, the NFMA deduction will be
subtracted from the total per vessel
deduction.
(C) Example. If in the current year,
each vessel is allocated 30 NFMA DAS
and 20 SFMA DAS, then the total vessel
DAS allocation is 50 DAS. In this
example, 625 limited access monkfish
permits were issued in the previous
year. Dividing 500 by the 625 permits
equals a total per-vessel DAS deduction
of 0.8 DAS. Dividing the NFMA
allocation of 30 DAS by the total DAS
allocation of 50 DAS equals 0.6.
Multiplying 0.6 by 0.8 equals an NFMA
DAS deduction of 0.48, which is
rounded to 0.5. Subtracting the 0.5
NFMA DAS deduction from the total
per vessel deduction of 0.8 results in an
SFMA DAS deduction of 0.3 DAS. The
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result of is that each limited access
monkfish vessel would be allocated 29.5
NFMA DAS and 19.7 SFMA DAS.
(iv) General DAS usage restrictions. A
vessel issued a limited access monkfish
permit may not use more than 46
allocated monkfish DAS in a fishing
year. Unless otherwise specified in
paragraph (b)(2) of this section or under
this subpart F, a vessel issued a limited
access NE multispecies or limited access
Atlantic 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.
(v) DAS declaration requirements.
Each vessel issued a limited access
monkfish permit that intends to fish
under a monkfish DAS must declare
that it will fish in either the NFMA or
SFMA through the vessel call-in system
or VMS prior to the start of each trip.
A vessel intending to fish for, fishing
for, possessing, or landing monkfish
under a NE multispecies, scallop, or
monkfish DAS under the management
measures of the NFMA, must fish
exclusively in the NFMA for the entire
trip. In addition, a vessel that is not
required to and does not possess a VMS
unit must 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 fish
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 (b)(1)(v) shall be presumed to
have fished in the SFMA, and shall be
subject to the 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
§ 648.94(e).
(vi) Monkfish Option provision and
declaration requirements. Any limited
access NE multispecies vessel fishing on
a sector trip or under a NE multispecies
Category A DAS in the NFMA, and
issued an LOA as specified in paragraph
(b)(1)(v) of this section, may change its
DAS declaration to a monkfish DAS
through the vessel’s VMS unit during
the course of the trip after leaving port,
but prior to crossing the VMS
demarcation line upon its return to port
or leaving the NFMA, if the vessel
exceeds the incidental catch limit
specified under § 648.94(c).
(A) Vessels that change their DAS
declaration from a NE multispecies
Category A DAS to a monkfish DAS
during the course of a trip remain
subject to the NE multispecies DAS
usage requirements (i.e., use a NE
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multispecies Category A DAS in
conjunction with the monkfish DAS)
described in paragraph (b)(2)(iv) of this
section.
(B) Gillnet vessels that change their
DAS declaration in accordance with this
paragraph (b)(1)(vi) are not subject to
the gillnet minimum mesh size
restrictions found at § 648.91(c)(1)(iii)
and (iv), but are subject to the smaller
NE multispecies minimum mesh
requirements for gillnet vessels found
under § 648.80 based upon the NE
Multispecies Regulated Mesh Area in
which the vessel is fishing.
(2) * * *
(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 30 monkfish DAS for
use in the Northern Fishery
Management Area, 20 monkfish DAS for
use in the Southern Fishery
Management Area, and 26 NE
multispecies Category A DAS, it would
have 24 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) * * *
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(B) A vessel issued a limited access
monkfish Category C, D, F, G, or H
permit may forfeit some of its monkfish
DAS, if it leases NE multispecies DAS
to another vessel(s), pursuant to
§ 648.82(k). The number of monkfish
DAS forfeited by a vessel depends on its
balance of Monkfish and NE
multispecies DAS at the time of the
lease. Any forfeited monkfish DAS will
be deducted proportionally between the
DAS allocated to the vessel for use in
the Northern Fishery Management Area
and Southern Fishery Management Area
in paragraph (b)(1)(i) of this section.
(1) If the vessel’s unused monkfish
DAS balance is greater than or equal to
its unused NE multispecies DAS
balance, at the time of the lease, then
the vessel will forfeit an amount of
monkfish DAS equal to the number of
NE multispecies DAS being leased to
another vessel. For example, if a vessel
has 40 monkfish DAS and 30 NE
multispecies DAS and it leases 10 NE
multispecies DAS in accordance with
§ 648.82(k), then, as part of the lease, the
vessel would forfeit 10 monkfish DAS
and be left with 30 monkfish DAS and
20 multispecies DAS.
(2) If the vessel’s unused monkfish
DAS balance is less than its unused NE
multispecies DAS balance, at the time of
lease, then the vessel will forfeit an
amount of monkfish DAS equal to the
number of NE multispecies DAS being
leased minus the difference between the
vessel’s unused NE multispecies DAS
balance and the vessel’s unused
monkfish DAS balance. If the number of
NE multispecies DAS being leased is
less than the difference between the
vessel’s unused NE multispecies DAS
balance and the vessel’s unused
monkfish DAS balance, then no
monkfish DAS are forfeited. For
example, if a vessel has 25 monkfish
DAS and 30 NE multispecies DAS at the
time of the lease, and it leases 10 NE
multispecies DAS, the vessel would
forfeit 5 monkfish DAS (10 leased ¥ [30
NE multispecies DAS ¥ 25 monkfish
DAS] = 5 forfeited monkfish DAS). If,
however, the vessel has 25 monkfish
DAS and 40 NE multispecies and the
vessel leases 10 NE multispecies DAS,
it would not forfeit any monkfish DAS
(10 leased NE multispecies DAS ¥ [40
NE multispecies DAS ¥ 25 monkfish
DAS] = ¥5. The number of DAS
forfeited cannot be negative, so 0 DAS
are forfeited).
*
*
*
*
*
(c) * * *
(1) * * *
(ii) * * *
(A) Each panel member shall
recommend which research proposals
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ddrumheller on DSK120RN23PROD with PROPOSALS1
should be authorized to utilize the
research DAS set aside in accordance
with paragraph (b)(1)(iii) of this section,
based on the selection criteria described
in the RFP.
*
*
*
*
*
■ 7. In § 648.94, remove and reserve
paragraph (f).
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8. Amend § 648.95 by revising
paragraph (e)(3) to read as follows:
■
§ 648.95
SFMA.
Offshore Fishery Program in the
*
*
*
*
*
(e) * * *
(3) A vessel issued a limited access
monkfish Category F permit fishing on
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25357
a monkfish DAS is subject to the
minimum mesh size requirements
specified in § 648.91(c)(1)(i), (iii) and
(iv), as well as the other gear
requirements specified in § 648.91(c)(2)
and (3).
*
*
*
*
*
[FR Doc. 2023–08622 Filed 4–25–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Proposed Rules]
[Pages 25351-25357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08622]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230419-0105]
RIN 0648-BM06
Fisheries of the Northeastern United States; Monkfish; Framework
Adjustment 13
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 25352]]
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is proposing to approve and implement specifications
submitted by the New England and Mid-Atlantic Fishery Management
Councils in Framework Adjustment 13 to the Monkfish Fishery Management
Plan. This action would set monkfish specifications for fishing years
2023 through 2025, adjust annual Days-At-Sea allocations, and increase
the minimum gillnet mesh size for vessels fishing on monkfish Days-At-
Sea. This action is needed to establish allowable monkfish harvest
levels and management measures that will prevent overfishing and reduce
bycatch.
DATES: Public comments must be received by May 11, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0013, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2023-0013 in the Search Box.
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the Framework 13 document, including the Regulatory
Flexibility Act Analysis and other supporting documents for the
specifications, are available from Thomas A. Nies, Executive Director,
New England Fishery Management Council, 50 Water Street, Mill 2,
Newburyport, MA 01950. The specifications document is also accessible
via the internet at: https://www.nefmc.org/management-plans/monkfish.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy
Analyst, (978) 281-9232.
SUPPLEMENTARY INFORMATION:
Background
The monkfish fishery is jointly managed under the Monkfish Fishery
Management Plan (FMP) by the New England and the Mid-Atlantic Fishery
Management Councils. The fishery extends from Maine to North Carolina
from the coast out to the end of the continental shelf. 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 Southern New England
and into 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
target total allowable landings (TAL) and the annual catch target
(ACT), which is the TAL plus an estimate of expected discards, for each
management area.
Proposed Measures
1. Specifications
We are proposing to adjust the NFMA and SFMA quotas for fishing
years 2023 through 2025 (Table 1), based on the Councils'
recommendations.
On October 26, 2022, the New England Council's Scientific and
Statistical Committee (SSC) recommended acceptable biological catch
(ABC) levels in the NFMA and SFMA for fishing years 2023-2025 based on
the I-smooth method applied during the 2022 Monkfish Management Track
Assessment. The I-smooth method is a model-free method for developing
catch advice that applies a trawl-survey derived multiplier to recent
3-year catch, and was selected for use for monkfish in the absence of
an analytic model for either stock. At its December 2022 meeting, the
New England Council delayed final action on Framework 13 and remanded
the ABC recommendations back to the SSC for further consideration.
Specifically, the New England Council requested that the SSC consider
setting ABCs for the FY 2023-2025 as the average of the I-smooth
approach and a modified I-smooth that applies the trawl survey
multipliers to the recent ABCs as an alternative method for determining
catch advice. The Mid-Atlantic Council concurred with the New England
Council's delay and remand during its December 2022 meeting. On January
20, 2023, the SSC met, considered the New England Council requested
method for determining catch advice, and made an updated ABC
recommendation. On January 25, 2023, The New England Council approved
the updated specifications for 2023-2025, and the Mid-Atlantic Council
did the same on February 7, 2023. The Councils' recommendations are
based on the results of the 2022 assessment update and the January 20,
2023, recommendations of the New England Council's SSC.
The Council recommended specifications include a 25-percent
decrease in the ABC and annual catch limit (ACL) in the NFMA and a 52-
percent decrease in the ABC and ACL in the SFMA, when compared to the
2020-2022 specifications. Discards, calculated using the median of the
most recent 10 years of data, decreased in both areas, but more
significantly in the SFMA. After accounting for discards, the Councils
recommend a 20-percent decrease in the TAL for the NFMA and a 41-
percent decrease in the TAL for the SFMA. Despite these changes, both
Councils recommend no adjustments to day-at-sea allocations or landing
limits.
Table 1--Proposed Framework 13 Specifications
----------------------------------------------------------------------------------------------------------------
Northern area Southern area
---------------------------------------------------------
Catch limits Proposed Proposed Percent
2023-2025 Percent change 2023-2025 change from
specs (mt) from 2022 * specs (mt) 2022 *
----------------------------------------------------------------------------------------------------------------
Acceptable Biological Catch........................... 6,224 -25 5,861 -52
Annual Catch Limit.................................... 6,224 -25 5,861 -52
Management Uncertainty (3%)........................... 187 .............. 176 ............
Annual Catch Target (Total Allowable Landings + 6,038 -25 5,685 -52
discards)............................................
[[Page 25353]]
Expected Discards..................................... 729 -51 2,205 -64
---------------------------------------------------------
Total Allowable Landings.......................... 5,309 -20 3,481 -41
----------------------------------------------------------------------------------------------------------------
* Percent change from the previously approved 2020-2022 specifications.
At the end of each fishing year, we evaluate catch information and
determine if the quota has been exceeded. The regulations at 50 CFR
648.96(d) require the Councils to revise the monkfish ACT if it is
determined that the annual catch limit was exceeded in any given year,
or for NMFS to revise the monkfish ACT if the Councils fail to take
action. We would publish a notice in the Federal Register of any
revisions to these proposed specifications if an overage occurs. We
expect, based on preliminary 2022 year-end accounting, that no
adjustment is necessary for fishing year 2023. We will provide notice
of the 2024 and 2025 quotas prior to the start of each respective
fishing year.
2. Annual DAS Allocations
Under current regulations, each vessel possessing a limited access
monkfish permit is annually allocated a total of 46 DAS, of which up to
37 may be used in the SFMA. This total allocation is reduced by an
amount necessary to reserve 500 DAS from the entire fishery for the
Monkfish Research Set-Aside (RSA) Program reach year. In addition,
vessels may carryover up to 4 unused DAS from one fishing year to the
next. The amount of DAS ultimately available to a vessel for a given
fishing year is the sum of the initial allocation, plus any eligible
DAS carried over and less the annual RSA deduction.
To ensure that the fishery is able to meet, but not exceed, the new
TALs proposed for 2023-2025, both Councils recommended that Framework
13 include a set of changes to the yearly DAS allocation. First, the
initial allocation of DAS that could previously be used in any area
would be split into separate DAS allocations for each of the NFMA and
SFMA. The Councils recommended that each limited access vessel be
allocated 35 DAS for the NFMA and 37 DAS for the SFMA. Second, the 37
DAS restriction for the SFMA would be removed and replaced with a new
limit that would restrict vessels from using more than 46 allocated DAS
total during each fishing year. Finally, the annual deduction of RSA
DAS from each limited access vessel's DAS allocation would be applied
proportionally to the separate DAS allocations for the NFMA and SFMA.
The DAS carryover provisions would not be changed by this action;
vessels would be eligible for up to 4 carryover DAS in each fishing
year that would not count against the allocation limits in either area
or the general allocated DAS usage restriction.
3. Minimum Gillnet Mesh Size Increase
To reduce bycatch of small monkfish, both Councils recommended an
increase in the minimum gillnet mesh size for vessels on a monkfish DAS
or fishing in the Gulf of Maine/Georges Bank Dogfish and Monkfish
Gillnet Fishery Exemption from 10 inches (25.4 cm) to 12 inches (30.5
cm) diamond mesh. This change would go into effect at the beginning of
May 1, 2026. The additional time would allow any affected vessels not
already using the larger mesh size time to make the transition as part
of the normal operation and replacement of worn nets. We expect that
the delayed implementation will reduce the overall cost of this measure
to industry.
4. Regulatory Corrections
Using our authority under section 305(d) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), we are
clarifying the regulation at Sec. 648.92(b)(2)(iii)(B) that describes
the interaction between the Northeast (NE) multispecies DAS leasing
program at Sec. 648.82(k) and monkfish DAS balances for category C, D,
F, G, or H vessels that choose to lease NE multispecies DAS.
When a category C, D, F, G, or H vessel leases NE multispecies DAS
to another vessel(s), a certain number of monkfish DAS owned by the
lessor vessel become unavailable for use. The current regulatory text
does not clearly explain the method used to determine the number of
monkfish DAS owned by the lessor vessel that may become unavailable in
such transactions. In addition, the current numerical example does not
match preceding written examples, and may be confusing.
The proposed changes to Sec. 648.92(b)(2)(iii)(B) are intended to
more clearly describe the interaction between the NE multispecies DAS
leasing program and monkfish DAS balances for category C, D, F, G, or H
vessels that choose to lease NE multispecies DAS. The proposed changes
do not substantively change the way in which monkfish DAS balances are
affected by leases of NE multispecies DAS.
Classification
NMFS is issuing this rule pursuant to sections 304(b)(1)(A) and
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act,
which provide specific authority for implementing this action. Section
304(b)(1)(A) authorizes NMFS to initiate an evaluation of proposed
regulations to determine whether they are consistent with the fishery
management plan, plan amendment, the Magnuson-Stevens Act and other
applicable law, and if that determination is affirmative, publish the
regulations in the Federal Register for public comment.
Additionally, this rule contains a regulatory correction being
issued pursuant to MSA section 305(d) that is necessary to carry out
the Monkfish FMP. The correction is necessary to carry out the Monkfish
FMP because it clarifies regulations describing how monkfish DAS are
managed in relation to the Northeast multispecies DAS leasing program.
A clear description of this process is necessary for the public and
industry to understand it and make decisions regarding to management of
DAS. Though this correction is being included in this proposed rule to
implement Framework 13, it is not part of Framework 13 as approved by
the Councils. The lack of clarity in the current regulatory text was
discovered after the approval of Framework 13 by the Councils, and
could not be included. Making this correction pursuant to 305(d)
authority allows for
[[Page 25354]]
the correction to be implemented more quickly than otherwise possible.
Though the correction is consistent with the FMP and review was not
necessary, the Council did receive the opportunity to review and deem
the change to the regulatory text necessary and appropriate.
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Monkfish FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
NMFS finds that a 15-day comment period for this action provides a
reasonable opportunity for public participation in this action, while
also ensuring that the final specifications are in place as close to
start of the monkfish fishing year on May 1, 2023, as possible. This
action was jointly developed by the New England and Mid-Atlantic
Fishery Management Councils as part of the annual Framework Adjustment
process, during which final action by the Councils was expected in
December 2022. However, the Council process was delayed in order to
provide time for the New England Fishery Management Council's
Scientific and Statistical Committee to re-evaluate its ABC
recommendations for 2023 through 2025. This action could not be
proposed sooner as a result of the delay in this process. Stakeholder
and industry groups have been involved with the development of this
action and have participated in public meetings throughout the past
year. A prolonged comment period and subsequent potential delay in
implementation would be contrary to the public interest, as it would
extend the amount of time in which no specifications are in place for
fishing year 2023, rather than replacing them with the quotas proposed
in this rule, which are based on the best available science. The
fishery may continue to operate under current DAS and trip limit
regulations without specifications in fishing year 2023, but an
extended delay could lead to confusion.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this action, if adopted, would not have a
significant economic effect on a substantial number of small entities.
As outlined in the preamble of this rule, the purpose of this
action is to implement Framework 13 to the Monkfish FMP. Framework 13
would set monkfish specifications for fishing years 2023-2025, make
changes to the yearly allocation of DAS to vessels issued limited
access monkfish permits, and increase the minimum mesh size for gillnet
vessels from 10 to 12 inches. The specifications in this rule include a
TAL for the NFMA in fishing years 2023 through 2025 that is 20 percent
lower the TAL in fishing years 2020 through 2022 and a TAL for the SFMA
in fishing years 2023 through 2025 that is 41 percent lower than the
TAL in fishing years 2020 through 2022. This framework is needed to
establish allowable monkfish harvest levels that will prevent
overfishing.
We issued 492 limited access monkfish permits and 1,198 open access
monkfish permits as of June 1, 2022, for a total of 1,692 permits
potentially regulated by this action. Each vessel may be individually
owned or part of a larger corporate ownership structure, and for RFA
purposes, it is the ownership entity that is ultimately regulated by
the proposed action. The current ownership data set is based on
calendar year 2021 permits and contains gross sales associated with
those permits for calendar years 2019 through 2021. Ownership data
collected from permit holders indicate there are 1,207 distinct
business entities that held at least one permit that could be directly
regulated by this proposed action in 2021. Of these 1,207 entities, 804
are commercial fishing entities, and 137 are for-hire entities.
For the purposes of the Regulatory Flexibility Act, we define a
small business in the commercial harvesting sector as a firm with
receipts (gross revenues) of up to $11 million for commercial fishing
businesses. Of the 804 commercial fishing entities, 793 are categorized
as small entities and 11 are categorized as large entities, per the
NOAA Fisheries guidelines. All 137 for-hire entities are categorized as
small businesses. In 2021, 266 of the 1,207 entities had zero monkfish
revenue.
This action is expected to have minimal economic impacts on both
large and small entities. Although the proposed action would set TALs
lower than what was in place in fishing year 2021, actual landings in
that year were far less than the TALs proposed in this action. Because
we expect landings to remain constant relative to fishing year 2021, we
expect TAL reductions to pose no cost on the fleet relative to 2021
activity. Additionally, the proposed DAS allocation changes are
expected to constrain only four vessels based on previous fishing
activity; the vast majority of small firms are not impacted by the
proposed DAS allocation change. Finally, the increased mesh size
regulations do not become effective until 2026 (after the final year of
the specifications in this action) and are estimated to impact eight
vessels. The delay in implementation allows affected vessels to replace
their nets as they become worn out as part of regular net replacement.
This cost thus would not be directly tied to the proposed mesh size
regulation, but instead is a regular fishing operation cost.
This action is not expected to have a significant impact on a
substantial number of small entities. Nearly all monkfish entities (99
percent) are considered small entities. Regulated small entities
identified in this analysis are expected to experience no impacts. No
impacts are expected to the 12 regulated large entities, as they have
little dependence on monkfish revenue. Small entities would not be
placed at a competitive disadvantage relative to large entities, and
the regulations would not reduce the profit for any small entities. As
a result, an initial regulatory flexibility analysis is not required
and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing.
Dated: April 19, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 648 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. Amend Sec. 648.10, by revising paragraph (g)(3)(ii) to read as
follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(g) * * *
(3) * * *
(ii) An operator of a vessel issued both a NE multispecies permit
and a monkfish permit are authorized to change their DAS declaration
from a NE multispecies Category A DAS to a monkfish DAS, while
remaining subject to the to the NE multispecies DAS usage requirements
under Sec. 648.92(b)(1)(iv), during the course of a trip, as provided
at Sec. 648.92(b)(1)(vi)(A).
* * * * *
[[Page 25355]]
0
3. Amend Sec. 648.14, by revising paragraphs (m)(2)(i) and (m)(3)(ii)
to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(m) * * *
(2) * * *
(i) Fish with or use nets with mesh size smaller than the minimum
mesh size specified in Sec. 648.91(c) while fishing under a monkfish
DAS, except as authorized by Sec. 648.91(c)(1)(v).
* * * * *
(3) * * *
(ii) Fail to comply with the NFMA or SFMA requirements specified at
Sec. 648.92(b)(1)(v)
* * * * *
0
4. Amend Sec. 648.80, by revising paragraph (a)(13)(i)(B) to read as
follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(a) * * *
(13) * * *
(i) * * *
(B) Minimum Mesh Size.
(1) Through April 30, 2026, all gillnets must have a minimum mesh
size of 10-inch (25.4-cm) diamond mesh throughout the net.
(2) Starting May 1, 2026, all gillnets must have a minimum mesh
size of 12-inch (30.5-cm) diamond mesh throughout the net.
* * * * *
0
5. Amend Sec. 648.91, by revising paragraphs (c)(1)(iii) and (iv) and
adding (c)(1)(v) and (vi) to read as follows:
Sec. 648.91 Monkfish regulated mesh areas and restrictions on gear
and methods of fishing.
* * * * *
(c) * * *
(1) * * *
(iii) Gillnets while on a monkfish DAS for fishing years 2023,
2024, and 2025. Until April 30, 2026, the minimum mesh size for any
gillnets used by a vessel fishing under a monkfish DAS is 10-inch
(25.4-cm) diamond mesh, unless the vessel meets one of the exceptions
in paragraph (c)(1)(v) of this section.
(iv) Gillnets while on a monkfish DAS from fishing year 2026 and
beyond. Starting May 1, 2026, the minimum mesh size for any gillnets
used by a vessel fishing under a monkfish DAS is 12-inch (30.5-cm)
diamond mesh, unless the vessel meets one of the exceptions in
paragraph (c)(1)(v) of this section.
(v) Exceptions from the minimum mesh size for gillnets on a
monkfish DAS. A vessel fishing with gillnet gear under a monkfish DAS
is subject to the minimum mesh size as defined in paragraph (c)(1)(iii)
or (c)(1)(iv) of this section, unless:
(A) The owner or operator of a limited access NE multispecies
vessel fishing under a NE multispecies category A DAS with gillnet gear
in the NFMA changes the vessel's DAS declaration to a monkfish DAS
through the vessel's VMS unit during the course of the trip in
accordance with the provisions specified under Sec. 648.92(b)(1)(vi);
(B) A vessel issued a Category C or D limited access monkfish
permit is fishing under both a monkfish and NE multispecies Category A
DAS in the SFMA using roundfish gillnets, as defined at Sec. 648.2,
with 6.5-inch (16.5-cm) diamond mesh;
(C) A vessel issued a limited access monkfish permit is fishing on
a monkfish-only DAS in the Mid-Atlantic Exemption Area using roundfish
gillnets with a minimum mesh size of 5 inches (12.7 cm) in accordance
with the provisions specified under Sec. 648.80(c)(5); or
(D) A vessel issued a limited access monkfish permit is fishing on
a monkfish-only DAS in the Southern New England Dogfish Exemption Area
using roundfish gillnets with a minimum mesh size of 6 inches (15.2 cm)
in accordance with the provisions specified under Sec. 648.80(b)(7).
(vi) Authorized gear while on a monkfish and scallop DAS. Vessels
issued a Category C, D, G, or H limited access monkfish permit and
fishing under a monkfish and scallop DAS may only fish with and use a
trawl net with a mesh size no smaller than that specified in paragraph
(c)(1)(i) of this section.
* * * * *
0
6. Amend Sec. 648.92, by revising paragraphs (b)(1)(i) through (v),
adding (b)(1)(vi), revising paragraphs (b)(2)(ii) and (b)(2)(iii)(B),
and revising paragraph (c)(1)(ii)(A) to read as follows:
Sec. 648.92 Effort-control program for monkfish limited access
vessels.
* * * * *
(b) * * *
(1) * * *
(i) DAS allocations. Each vessel issued a limited access monkfish
permit will be allocated 35 monkfish DAS each fishing year that may be
used only in the Northern Fishery Management Area as defined in Sec.
648.91(a). Each vessel issued a limited access monkfish permit will
also be allocated 37 monkfish DAS each fishing year that may be used
only in the Southern Fishery Management Area as defined in Sec.
648.91(b). The annual allocation of monkfish DAS to each vessel issued
a limited access monkfish permit in the NFMA and SFMA shall be reduced
by the amount calculated in paragraph (b)(1)(iii) of this section for
the research DAS set-aside. All DAS must be used in accordance with the
provisions of this paragraph (b) unless the permit is enrolled in the
Offshore Fishery Program in the SFMA, as specified in paragraph
(b)(1)(ii) of this section.
(ii) Offshore fishery program DAS allocation. A vessel issued a
Category F permit, as described in Sec. 648.95, shall be allocated a
prorated number of monkfish DAS as specified in Sec. 648.95(g)(2).
(iii) Research DAS set-aside. A total of 500 DAS will be set aside
and made available for cooperative research programs as described in
paragraph (c) of this section. These DAS shall be deducted
proportionally from the DAS allocated to each vessel issued a limited
access monkfish permit by the process prescribed in this paragraph
(b)(1)(iii).
(A) Calculating the total per vessel DAS deduction. The total per
vessel DAS deduction will be calculated as the quotient of 500 divided
by the total number of limited access permits issued in the previous
fishing year.
(B) Calculating the per vessel DAS deduction for the NFMA and SFMA.
The total vessel DAS deduction will be distributed proportionally to
the DAS for the NFMA and SFMA allocated to each vessel issued a
monkfish limited access permit, as specified in paragraph (b)(1)(i) of
this section. To determine the per-vessel deduction from the NFMA DAS
allocation, the total per vessel deduction will be multiplied by the
quotient of the NFMA DAS allocation divided by the total number of DAS
allocated to each monkfish limited access vessel. To determine the per-
vessel deduction from the SFMA DAS allocation, the NFMA deduction will
be subtracted from the total per vessel deduction.
(C) Example. If in the current year, each vessel is allocated 30
NFMA DAS and 20 SFMA DAS, then the total vessel DAS allocation is 50
DAS. In this example, 625 limited access monkfish permits were issued
in the previous year. Dividing 500 by the 625 permits equals a total
per-vessel DAS deduction of 0.8 DAS. Dividing the NFMA allocation of 30
DAS by the total DAS allocation of 50 DAS equals 0.6. Multiplying 0.6
by 0.8 equals an NFMA DAS deduction of 0.48, which is rounded to 0.5.
Subtracting the 0.5 NFMA DAS deduction from the total per vessel
deduction of 0.8 results in an SFMA DAS deduction of 0.3 DAS. The
[[Page 25356]]
result of is that each limited access monkfish vessel would be
allocated 29.5 NFMA DAS and 19.7 SFMA DAS.
(iv) General DAS usage restrictions. A vessel issued a limited
access monkfish permit may not use more than 46 allocated monkfish DAS
in a fishing year. Unless otherwise specified in paragraph (b)(2) of
this section or under this subpart F, a vessel issued a limited access
NE multispecies or limited access Atlantic 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.
(v) DAS declaration requirements. Each vessel issued a limited
access monkfish permit that intends to fish under a monkfish DAS must
declare that it will fish in either the NFMA or SFMA through the vessel
call-in system or VMS prior to the start of each trip. A vessel
intending to fish for, fishing for, possessing, or landing monkfish
under a NE multispecies, scallop, or monkfish DAS under the management
measures of the NFMA, must fish exclusively in the NFMA for the entire
trip. In addition, a vessel that is not required to and does not
possess a VMS unit must 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 fish
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 (b)(1)(v) shall be presumed to have fished in the SFMA, and
shall be subject to the 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 Sec.
648.94(e).
(vi) Monkfish Option provision and declaration requirements. Any
limited access NE multispecies vessel fishing on a sector trip or under
a NE multispecies Category A DAS in the NFMA, and issued an LOA as
specified in paragraph (b)(1)(v) of this section, may change its DAS
declaration to a monkfish DAS through the vessel's VMS unit during the
course of the trip after leaving port, but prior to crossing the VMS
demarcation line upon its return to port or leaving the NFMA, if the
vessel exceeds the incidental catch limit specified under Sec.
648.94(c).
(A) Vessels that change their DAS declaration from a NE
multispecies Category A DAS to a monkfish DAS during the course of a
trip remain subject to the NE multispecies DAS usage requirements
(i.e., use a NE multispecies Category A DAS in conjunction with the
monkfish DAS) described in paragraph (b)(2)(iv) of this section.
(B) Gillnet vessels that change their DAS declaration in accordance
with this paragraph (b)(1)(vi) are not subject to the gillnet minimum
mesh size restrictions found at Sec. 648.91(c)(1)(iii) and (iv), but
are subject to the smaller NE multispecies minimum mesh requirements
for gillnet vessels found under Sec. 648.80 based upon the NE
Multispecies Regulated Mesh Area in which the vessel is fishing.
(2) * * *
(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 30 monkfish DAS for use in the
Northern Fishery Management Area, 20 monkfish DAS for use in the
Southern Fishery Management Area, and 26 NE multispecies Category A
DAS, it would have 24 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) * * *
(B) A vessel issued a limited access monkfish Category C, D, F, G,
or H permit may forfeit some of its monkfish DAS, if it leases NE
multispecies DAS to another vessel(s), pursuant to Sec. 648.82(k). The
number of monkfish DAS forfeited by a vessel depends on its balance of
Monkfish and NE multispecies DAS at the time of the lease. Any
forfeited monkfish DAS will be deducted proportionally between the DAS
allocated to the vessel for use in the Northern Fishery Management Area
and Southern Fishery Management Area in paragraph (b)(1)(i) of this
section.
(1) If the vessel's unused monkfish DAS balance is greater than or
equal to its unused NE multispecies DAS balance, at the time of the
lease, then the vessel will forfeit an amount of monkfish DAS equal to
the number of NE multispecies DAS being leased to another vessel. For
example, if a vessel has 40 monkfish DAS and 30 NE multispecies DAS and
it leases 10 NE multispecies DAS in accordance with Sec. 648.82(k),
then, as part of the lease, the vessel would forfeit 10 monkfish DAS
and be left with 30 monkfish DAS and 20 multispecies DAS.
(2) If the vessel's unused monkfish DAS balance is less than its
unused NE multispecies DAS balance, at the time of lease, then the
vessel will forfeit an amount of monkfish DAS equal to the number of NE
multispecies DAS being leased minus the difference between the vessel's
unused NE multispecies DAS balance and the vessel's unused monkfish DAS
balance. If the number of NE multispecies DAS being leased is less than
the difference between the vessel's unused NE multispecies DAS balance
and the vessel's unused monkfish DAS balance, then no monkfish DAS are
forfeited. For example, if a vessel has 25 monkfish DAS and 30 NE
multispecies DAS at the time of the lease, and it leases 10 NE
multispecies DAS, the vessel would forfeit 5 monkfish DAS (10 leased -
[30 NE multispecies DAS - 25 monkfish DAS] = 5 forfeited monkfish DAS).
If, however, the vessel has 25 monkfish DAS and 40 NE multispecies and
the vessel leases 10 NE multispecies DAS, it would not forfeit any
monkfish DAS (10 leased NE multispecies DAS - [40 NE multispecies DAS -
25 monkfish DAS] = -5. The number of DAS forfeited cannot be negative,
so 0 DAS are forfeited).
* * * * *
(c) * * *
(1) * * *
(ii) * * *
(A) Each panel member shall recommend which research proposals
[[Page 25357]]
should be authorized to utilize the research DAS set aside in
accordance with paragraph (b)(1)(iii) of this section, based on the
selection criteria described in the RFP.
* * * * *
0
7. In Sec. 648.94, remove and reserve paragraph (f).
0
8. Amend Sec. 648.95 by revising paragraph (e)(3) to read as follows:
Sec. 648.95 Offshore Fishery Program in the SFMA.
* * * * *
(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), (iii) and (iv), as
well as the other gear requirements specified in Sec. 648.91(c)(2) and
(3).
* * * * *
[FR Doc. 2023-08622 Filed 4-25-23; 8:45 am]
BILLING CODE 3510-22-P
