Fisheries of the Northeastern United States; Framework Adjustment 15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to the Spiny Dogfish Fishery Management Plan, 102834-102839 [2024-29861]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 243 (Wednesday, December 18, 2024)]
[Rules and Regulations]
[Pages 102834-102839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29861]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 241212-0325]
RIN 0648-BN01


Fisheries of the Northeastern United States; Framework Adjustment 
15 to the Monkfish Fishery Management Plan; Framework Adjustment 6 to 
the Spiny Dogfish Fishery Management Plan

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

ACTION: Final rule.

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SUMMARY: NMFS is implementing regulations for Framework Adjustment 15 
to the Monkfish Fishery Management Plan/Framework Adjustment 6 to the 
Spiny Dogfish Fishery Management Plan, which the New England and Mid-
Atlantic Fishery Management Councils jointly recommended and NMFS 
approved. This action establishes area-based gear requirements for 
vessels fishing with gillnets in the monkfish fishery, starting on 
January 1, 2026, and for vessels fishing with gillnets in the spiny 
dogfish fishery starting on May 1, 2025. This action is necessary to 
minimize bycatch of Atlantic sturgeon in the monkfish and spiny dogfish 
fisheries to the extent practicable and fulfill requirements of the 
Biological Opinion on Ten Fishery Management Plans in the Greater 
Atlantic Region and the New England Fishery Management Council's 
Omnibus Habitat Amendment 2.

DATES: Effective May 1, 2025.

ADDRESSES: Copies of the Framework 15/Framework 6 document, including 
the Regulatory Flexibility Act Analysis and other supporting documents 
for the measures, are available from Dr. Cate O'Keefe, Executive 
Director, New England Fishery Management Council, 50 Water Street, Mill 
2, Newburyport, MA 01950 and Dr. Christopher M. Moore, Executive 
Director, Mid-Atlantic Fishery Management Council, 800 North State 
Street, Suite 201, Dover, DE 19901. The Framework 15/Framework 6 
document is also accessible via the internet at: https://www.nefmc.org/management-plans/monkfish or https://www.mafmc.org/dogfish.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, (978) 281-9232.

SUPPLEMENTARY INFORMATION:

Background

    The New England Fishery Management Council (New England Council) 
and the Mid-Atlantic Fishery Management Council (Mid-Atlantic Council) 
(collectively, the Councils) jointly manage both the Monkfish and Spiny 
Dogfish Fishery Management Plans (FMP). The New England Council is the 
administrative lead for the Monkfish FMP, while the Mid-Atlantic 
Council is the lead for the Dogfish FMP.
    NMFS issued a Biological Opinion on May 27, 2021, that considered 
the effects of the authorization of two interstate fishery management 
plans (ISFMP) and eight Federal FMPs, including the Monkfish and Spiny 
Dogfish FMPs, on Endangered Species Act (ESA)-listed species and 
designated critical habitat through a formal Section 7 consultation. 
The Biological Opinion determined that NMFS's authorization of the 
eight FMPs and two ISFMPs may adversely affect, but is not likely to 
jeopardize, Atlantic sturgeon. The Biological Opinion included an 
Incidental Take Statement and Reasonable and Prudent Measures (RPM) 
with accompanying Terms and Conditions to minimize the impacts of 
incidental take of Atlantic sturgeon. The RPMs required that NMFS 
convene a working group to review all of the available information on 
Atlantic sturgeon bycatch in the federally permitted large-mesh gillnet 
fisheries and, by May 27, 2022, develop an Action Plan to reduce 
Atlantic sturgeon bycatch in these fisheries by 2024.
    NMFS initially issued the Action Plan on May 26, 2022, and revised 
it on September 26, 2022, to incorporate feedback from the Councils and 
public. The Councils subsequently developed this joint framework 
action--Framework 15 to the Monkfish FMP and Framework 6 to the Dogfish 
FMP--to address the recommendations of the Action Plan and fulfill the 
requirements of the Biological Opinion.
    Under the Magnuson-Stevens Fishery Conservation and Management Act, 
we approve, disapprove, or partially approve measures that the Councils 
propose, based on consistency with the Act and other applicable law. We 
review proposed regulations for consistency with the FMP, plan 
amendment, the Magnuson-Stevens Act and other applicable law, and 
publish the proposed regulations, solicit public comment, and 
promulgate the final regulations. We have approved all of the measures 
in this joint framework action recommended by the Councils, as 
described below. The measures implemented in this final rule:
     Require vessels fishing on a monkfish day-at-sea (DAS) 
within the New Jersey Atlantic Sturgeon Bycatch Reduction Area to use 
low-profile gillnet gear, beginning on January 1, 2026;
     Prohibit dogfish vessels fishing in the New Jersey 
Atlantic Sturgeon Bycatch Reduction Area from leaving gillnet gear in 
the water overnight during the months of May and November, effective 
May 1, 2025; and
     Prohibit dogfish vessels fishing in the Delaware and 
Maryland Atlantic Sturgeon Bycatch Reduction Area and Virginia Atlantic 
Sturgeon Bycatch Reduction Area from leaving gillnet gear in the water 
overnight from November through March, effective May 1, 2025.

Approved Measures

1. Low-Profile Gillnet Gear

    The regulations implemented by this final rule require vessels 
fishing on a Monkfish DAS within the New Jersey Atlantic Sturgeon 
Bycatch Reduction Area that are using large mesh (i.e., greater than or 
equal to 10 inches (25.4 centimeters (cm)) to use low-profile gillnet 
gear, beginning on January 1, 2026. Low-profile gillnet gear is defined 
in this final rule as having:
     Mesh size ranging from 12 to 13 inches (30.48 to 33.02 
cm);
     Net height ranging from 6 to 8 meshes tall;
     Net length of 300 feet (91.44 meters (m));
     Tie-down length of less than or equal to 30 inches (76.2 
cm);

[[Page 102835]]

     Tie-down spacing of 12 feet (3.66 m);
     Primary hanging ratio of 0.50;
     Twine size of 0.81 millimeters (mm); and
     Tie downs at every float to keep the float line down.
    These characteristics are intended to reduce interaction with 
Atlantic sturgeon by reducing the likelihood that Atlantic sturgeon 
high in the water column will become entangled, by allowing smaller 
sturgeon to swim through the larger mesh, and by allowing the larger 
sturgeon to break the mesh.
    The requirement to use low-profile gillnet gear within the New 
Jersey Atlantic Sturgeon Bycatch Reduction Area will begin on January 
1, 2026, as recommended by the Councils, to allow for the twine size to 
be considered under Marine Mammal Protection Act (MMPA) provisions and 
to provide time for affected members of the fishing industry to 
transition to new gear. The definition of the low-profile gillnet gear 
requires a twine size of 0.81 mm; however, this conflicts with current 
Harbor Porpoise Take Reduction Plan (HPTRP) Regulations, which require 
that large-mesh gillnet gear in the waters off the New Jersey 
Management Area have a twine size at least 0.9 mm in diameter from 
January 1 through April 30, except during April 1 through April 20 (50 
CFR 229.34(b)(1)(ii)). The Harbor Porpoise Take Reduction Team (HPTRT) 
was asked by the Councils to consider whether this requirement could be 
modified to reduce the twine size required in the HPTRP regulations. On 
June 28, 2024, the HPTRT received a presentation regarding the 
potential impact of 0.81 mm mesh on harbor porpoise; the analysis 
presented showed that allowing the 0.81-mm twine size would not be 
anticipated to cause a statistically significant change in harbor 
porpoise bycatch relative to current conditions. The HPTRT did not 
voice any concerns over the proposed change in gear configuration nor 
the analysis of possible effects.
    The low-profile gillnet design is a new gear configuration for a 
large majority of the fleet. The transition to the new gear will 
require construction of new nets, which may take time on the part of 
gear manufacturers, who are limited in number. Thus, delaying this 
requirement until January 1, 2026, provides industry with the time 
necessary to acquire and familiarize itself with the new selective 
gear.

2. Overnight Soak Prohibitions

    Within the New Jersey Atlantic Sturgeon Bycatch Reduction Area, 
this action requires federally permitted spiny dogfish vessels fishing 
with roundfish gillnets (i.e., not tie-down gillnets) with a mesh size 
of 5 to 10 inches (12.7 to 25.4 cm) to remove nets from the water by 8 
p.m. Eastern Time (ET) each day until 5 a.m. ET the following day. This 
requirement will be in place from May 1 through May 31 and November 1 
through November 30 of each year, beginning May 1, 2025. This seasonal 
requirement is based on observer data showing that, of sturgeon takes 
observed from 2017-2019 and 2021-2022, takes by dogfish vessels within 
the New Jersey Atlantic Sturgeon Bycatch Reduction Area during May and 
November accounted for a combined 23 percent of all observed takes by 
dogfish vessels during the time period.
    In the Delaware and Maryland Sturgeon Bycatch Area and in the 
Virginia Atlantic Sturgeon Bycatch Reduction Area, this action requires 
federally permitted spiny dogfish vessels fishing with roundfish 
gillnets (i.e., not tie-down gillnets) with a mesh size of 5.25 to 10 
inches (13.34 to 25.4 cm) to remove nets from the water by 8 p.m. ET 
each day until 5 a.m. ET the following day. This requirement is in 
place from November 1 through March 31 each year, beginning May 1, 
2025. This seasonal requirement is based on observer data showing that, 
of sturgeon takes observed from 2017-2019 and 2021-2022, takes by 
dogfish vessels within the Delaware and Maryland Bycatch Reduction Area 
and in the Virginia Sturgeon Bycatch Reduction Area from November 
through March accounted for 59 percent of all observed takes by dogfish 
vessel during the time period.
    Implementing an overnight soak restriction for these vessels in the 
Atlantic Sturgeon Bycatch Reduction Areas during these seasons is 
expected to reduce the amount of Atlantic sturgeon bycatch, but the 
amount of that reduction is not certain. Within these areas, the 
overnight soak prohibitions effectively restrict the length of time 
gillnets could be soaked by dogfish vessels to a maximum of 15 hours. 
Bycatch mortality increases as soak time increases, and this 
restriction will cap soak time at levels where mortality is lower. As a 
result, the overnight soak prohibitions and the resulting reduction in 
overall soak time in the fishery are expected to greatly reduce the 
mortality of Atlantic sturgeon that are caught in nets within the 
Atlantic Sturgeon Bycatch Reduction Areas.

Comments and Responses

    We received a total of 32 comments during the public comment period 
for the proposed rule. Of the 32 individual comments received, 17 were 
unique comments, and 15 were a form letter with identical, or close to 
identical, contents, but submitted by different individuals. Of the 32 
individual comments received, 6 opposed the proposed measures, 1 fully 
supported the proposed measures, 1 supported the action but suggested 
improvements, and the remaining 25 suggested changes to the action, but 
did not clearly offer either support or opposition for the action.

Comments in Support

    Comment 1: One member of the public generally supported the 
proposed measures, noting their agreement that Atlantic sturgeon 
bycatch should be limited. The commenter also provided feedback on the 
proposed rule. First, the commenter suggested that more information 
should be provided regarding the population levels for Atlantic 
sturgeon, monkfish, and spiny dogfish. The commenter also questioned 
why shortnose sturgeon was not included in this action. Finally, the 
commenter suggested additional modifications and requirements for large 
mesh gillnet gear that they suggested would reduce bycatch of Atlantic 
sturgeon. These were breakaway panels, net slack requirements, and 
depth restrictions.
    Response: NMFS agrees that reduction in Atlantic sturgeon bycatch 
is important for marine conservation and stewardship. The Environmental 
Assessment (EA) for this action (see ADDRESSES) contains detailed 
information regarding target species (e.g., monkfish and dogfish), 
Atlantic sturgeon, and other species affected and potentially affected 
by the action (including shortnose sturgeon). Regarding additional gear 
modifications suggested in the comment, the low-profile gillnet design 
was derived from completed scientific work specifically focusing on 
reducing Atlantic sturgeon bycatch in the gillnet fisheries. Additional 
research would need to be conducted to determine the impact of the 
modifications and requirements on sturgeon bycatch, other species, and 
directed fisheries prior to consideration under the Council process for 
implementation in the gillnet fisheries.
    Comment 2: The Center for Biological Diversity commented that it 
supports efforts to reduce and eliminate bycatch of marine species, 
including Atlantic sturgeon. The Center for Biological

[[Page 102836]]

Diversity did not have specific comments regarding the measures being 
proposed, but stated that we should more explicitly consider the 
impacts of derelict fishing gear on the environment within the EA for 
this action and within other analyses conducted by the agency.
    Response: We note the Center for Biological Diversity's support of 
the action to reduce bycatch of Atlantic sturgeon. NMFS does not expect 
the measures in this action to have a measurable impact on the 
incidence of derelict fishing gear either positively or negatively, 
though some reduction in derelict fishing gear may result if fishing 
effort is reduced. As such, we have determined that there is no need to 
update the EA for this action in response to this comment.
    Comments in Opposition Comment 3: One member of the public opposed 
regulations for the fishing industry in general.
    Response: While NMFS acknowledges the commenter's concern, 
regulations are the means by which measures contained in an FMP can be 
implemented and effectuated. Such regulations can be developed by the 
agency on its own, pursuant to the authority of MSA section 305(d), or, 
as here, through Council-recommended regulations pursuant to section 
303(c). NMFS is required by section 304(b) of the MSA to evaluate 
proposed regulations pertaining to the fishing industry that are 
submitted by the Councils pursuant to section 303(c) that are deemed to 
be necessary and appropriate to implement an FMP. NMFS reviews such 
submitted regulations to determine whether they are consistent with the 
FMP, the MSA, and other applicable law. As stated in the 
Classifications section of this final rule, the NMFS Assistant 
Administrator determined that this final rule is consistent with the 
Monkfish and Spiny Dogfish FMPs, other provisions of the Magnuson-
Stevens Act, and other applicable law. As such, NMFS is promulgating 
these regulations to implement Frameworks 15 and 6.
    Comment 4: Two members of the public commented that no action 
(Alternative 1 in the EA) should be the preferred alternative and the 
action included in this rule (Alternative 5) should not be implemented. 
One of the commenters stated that the impacts of no action could be 
positive for Atlantic sturgeon compared to the other alternatives.
    Response: NMFS disagrees that no action should be taken and that 
Alternative 5 is not supported by the impact analysis. Alternative 5 is 
expected to reduce Atlantic sturgeon bycatch and mortality in the 
gillnet fishery compared to taking no action. The measures implemented 
in this action, Alternative 5, balance as much bycatch reduction for 
Atlantic sturgeon as possible with as minimal potential impacts on the 
monkfish and spiny dogfish fisheries as possible. Other alternatives 
that were not included in the proposed rule also would be expected to 
reduce Atlantic sturgeon bycatch. Alternatives 2 through 4 would reduce 
the bycatch of Atlantic sturgeon more than any other alternatives. 
However, they would also have more negative impacts on the monkfish and 
dogfish fisheries than other alternatives because they would prevent 
operation of the monkfish and spiny dogfish fisheries entirely during 
certain times of the year in the Atlantic Sturgeon Bycatch Reduction 
Areas. Alternative 5 allows for the continued operation of the monkfish 
and spiny dogfish fisheries within the Atlantic sturgeon bycatch 
reduction areas, thereby reducing bycatch and mortalities while also 
minimizing socioeconomic impacts on the monkfish and spiny dogfish 
fisheries.

Low-Profile Gillnet Requirement

    Comment 5: One member of the public stated that the proposed 
regulations should not explicitly name the low-profile gillnet, arguing 
that giving the gear a specific name will result in confusion.
    Response: NMFS disagrees that a specific name assigned to the gear 
type would result in confusion. There are already several examples of 
selective gear types defined in the regulations, including Ruhle Trawl 
Sec.  648.80(a)(9)(ii), Rope Separator Trawl Sec.  648.84(e), and 
Large-Mesh Belly Panel Trawl Sec.  648.84(f), and there is no evidence 
that significant confusion has resulted from that practice. Defining 
the low-profile gillnet gear allows for a clear definition of the gear 
configuration in the regulations and makes it easier to distinguish it 
from other gillnet gear. This also simplifies future modifications to 
the specific gear and its required configurations, should they become 
necessary.
    Comment 6: Two members of the fishing industry, including one HPTRT 
member, commented about the potential interactions between, and 
possible inadvertent economic impacts of, the HPTRP regulations that 
would require a different minimum twine size than the low-profile 
gillnet gear minimum twine size. Regarding the HPTRP regulations, the 
commenters expressed concern that the 0.81-mm twine size was included 
in the definition for low profile gillnet gear while HPTRP regulations 
are currently in place include a 0.9-mm minimum twine size. The 
commenters assert that if nothing is done to resolve the conflict in 
these sets of regulations, then an inadvertent fishery closure could 
occur, incurring negative economic impacts typically associated with 
fishery closure. The commenters recommended a delay to January 1, 2027, 
to resolve this issue.
    Response: NMFS expects that the delay in effectiveness of the low-
profile gillnet requirement to January 1, 2026, will provide sufficient 
time to resolve the concerns raised by this commenter, and disagrees 
that a delay to January 1, 2027, would be necessary at this time.
    On June 28, 2024, the HPTRT met and received information regarding 
all of the characteristics of the low-profile gillnet, including the 
0.81-mm twine size, and the potential impacts of said gear on take of 
harbor porpoise. The team did not voice any concerns over the proposed 
change in gear configuration or the analysis presented on possible 
effects. We expect to propose future alteration of the HPTRP 
regulations to accommodate the twine size included in the low-profile 
gillnet requirement in this action.
    Further, the 0.81-mm twine size was derived from the scientific 
research used to inform the development of this action; the inclusion 
of 0.81-mm twine size in the low-profile gillnet design is essential to 
ensuring that the gear is most effective at reducing bycatch of 
Atlantic sturgeon. Removing the twine size specification from the gear 
definition would be expected to reduce the efficacy of these 
regulations in reducing Atlantic sturgeon bycatch, which is the primary 
goal of this action.

Other General Comments

    Comment 7: One member of the public questioned whether an 
interaction with an Atlantic sturgeon that is released alive should 
qualify as a take, instead stating that a take should only be when an 
Atlantic sturgeon is killed and landed.
    Response: NMFS disagrees with the assertion by this commenter that 
a take should only be when an Atlantic sturgeon is killed and landed. 
Atlantic sturgeon is protected under the ESA, and the ESA is explicit 
in its definition of take. The ESA defines ``take'' to mean ``to 
harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or to attempt to engage in any such conduct.'' 16 U.S.C. 
1532(19). Non-lethal, incidental interaction with Atlantic sturgeon 
caused by fisheries activity falls into the definition of take as 
defined under the ESA.

[[Page 102837]]

    Comment 11: One member of the public commented that the action 
should consider the impact of offshore wind development on monkfish and 
dogfish.
    Response: The EA for this action includes a summary of the expected 
impacts of offshore wind energy development on monkfish and dogfish 
that considered all stages of wind energy development, including 
initial site assessment, construction activities, and the completed 
wind fields. Each of these could potentially result in a variety of 
direct and indirect impacts on the affected species and their marine 
habitat. The analysis concludes that the impacts could range from no 
impact to moderate negative. However, the impact of offshore wind 
energy development on monkfish and dogfish do not change the need for 
this action to reduce bycatch of Atlantic sturgeon in the monkfish and 
dogfish gillnet fisheries. The analysis can be found in the Cumulative 
Effects Analysis (CEA), Section 6.7.2.2.1, of the EA supporting this 
action (see ADDRESSES).
    Comment 12: One member of the public commented on offshore wind 
development in relation to the status of North Atlantic right whales.
    Response: The relationship between offshore wind development and 
the status of North Atlantic right whales is outside the scope of this 
rulemaking.

Economic Impacts

    We received several comments from the public regarding the 
potential economic impacts of this action on the monkfish and spiny 
dogfish fisheries. These comments often made overlapping or 
interrelated points. To reduce repetition and ensure ease of 
readability, these comments and responses have been summarized and 
addressed by issue, rather than by individual comment.
    Comment 13: We received 17 comment letters, including those from 
the Sustainable Fisheries Association (SFA) and 14 members of the 
fishing industry who submitted comments mirroring the language used by 
the SFA, that urged a delayed effectiveness for the overnight soak 
prohibitions that were proposed. The most commonly requested date for a 
delayed effectiveness of this action was May 1, 2025, the start of 
fishing year 2025. Each comment cited economic concerns and costs 
relating to adjustments to fishing behavior, including changes to mesh 
sizes, which vessels would need to make in order to come into 
compliance with the overnight soak prohibition regulations. Commenters 
asserted that, should the overnight soak prohibition go into effect 
before May 1, 2025, there would either not be enough time for vessel 
owners to comply with the regulations, or the cost of doing so would be 
prohibitively high in a short span of time. As a result, the commenters 
stated that they would likely not fish during the seasonal restriction 
if no delay was provided. Commenters noted that the dogfish fishery is 
dependent on a small number of processors and a relatively small market 
that could be negatively impacted by the overnight soak prohibition if 
implemented shortly after this rule publishes and before May 1, 2025. 
They expressed concern that doing so could result in the loss of 
markets and processors for the foreseeable future.
    Response: NMFS finds that the request from the public to delay 
effectiveness of the overnight soak prohibitions is reasonable and 
justified, and that change is reflected in the May 1, 2025, 
effectiveness date of this final rule. In making this determination, 
NMFS considered the economic implications raised by members of the 
public in comparison to the potential impacts on Atlantic sturgeon that 
might occur as a result of the delay. NMFS agrees with the argument 
that a standard 30-day delayed effectiveness under the Administrative 
Procedure Act (APA) may not be sufficient time for industry to adjust 
to the regulations being put into place by this final action.
    A delay in effectiveness to May 1, 2025, would only eliminate the 
seasonal overnight soak prohibition in the Delaware and Maryland 
Atlantic Sturgeon Bycatch Reduction Areas from a date 30 days after the 
publication of this final rule through March 31, 2025. Though the 
measures being approved in this final action do address Atlantic 
sturgeon bycatch in the monkfish and dogfish fisheries, the negative 
impacts to Atlantic sturgeon that might occur as a result of losing 3 
to 4 months of the overnight soak prohibition are unlikely to be 
significant. These impacts do not justify implementation after only a 
30-day delayed effectiveness given the weight of the economic concerns 
that have been raised by the public.
    NMFS also notes that delayed effectiveness for gear related 
measures is not a novel concept; the low-profile gillnet gear 
requirement in the New Jersey Atlantic Sturgeon Bycatch Reduction Area 
approved in this very action is delayed until January 1, 2026. The 
rationale for that delay was also in part to provide time necessary for 
industry to adapt to the regulations being implemented. It would be 
inconsistent to accept that rationale when implementing measures that 
affect one fishery, while rejecting it for measures implemented for 
another, closely related fishery.
    Finally, the Atlantic States Marine Fisheries Commission is 
currently developing complementary action to address Atlantic sturgeon 
bycatch by state-only permitted vessels within the footprint of the 
Atlantic Sturgeon Bycatch Reduction Areas being put into place by this 
action. A delay in effectiveness to May 1, 2025, reduces or avoids the 
potential for mismatched implementation of these regulations and 
simplifies enforcement.
    Comment 14: We received seven comments that requested that the 
overnight soak prohibition in the Delaware and Maryland Atlantic 
Sturgeon Bycatch Reduction Area and Virginia Atlantic Sturgeon Bycatch 
Reduction Area be effective for mesh sizes greater than 5.25 inches to 
10 inches (13.34 to 25.4 cm), rather than for mesh sizes 5.25 inches to 
10 inches (13.34 to 25.4 cm). The commenters want to be able to use 
5.25-inch (13.34-cm) mesh and noted that there would be a high cost for 
vessels to switch gear to less than 5.25-inch (13.34-cm) gear so that 
they could continue to fish in the areas.
    Response: NMFS is not changing the overnight soak prohibitions in 
the Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area and 
the Virginia Atlantic Sturgeon Bycatch Reduction Area in response to 
these comments. The Councils' process fully considered what range of 
mesh sizes the prohibitions would apply to during the development of 
this action, including at Advisory Panel, Joint Committee, and Council 
meetings. The Councils were deliberate in their selection of mesh sizes 
that would be subject to these regulations in order to most effectively 
address Atlantic sturgeon bycatch and mortality. These comments 
provided no information that would justify deviation from the range of 
mesh sizes recommended by the Councils. NMFS also notes that to address 
the economic impact of replacing gear, it is delaying the effective 
date of the measures until May 1, 2025. Vessel owners replace gillnets 
over time because of wear and tear or loss. The delay in effectiveness 
to May 1, 2025, allows vessel owners a longer time frame to voluntarily 
replace gillnets due to usual wear and tear with gear that uses smaller 
mesh, should they so choose, prior to the effective date of the 
overnight soak prohibition.
    Comment 15: Four comments were received that generally stated that 
this action would result in the weakening or overall loss of the 
impacted fisheries

[[Page 102838]]

and associated businesses. Two commenters additionally noted that, 
under National Standard 7, the MSA requires ``normal and prudent 
measures'' do not impose a financial burden, and that the costs 
associated with needing to replace standard gillnet gear with low-
profile gillnet gear would be significant.
    Response: NMFS disagrees with the implication that this action is 
inconsistent with National Standard 7, which states that ``Conservation 
and management measures shall, where practicable, minimize costs and 
avoid unnecessary duplication.'' National Standard 7 guidelines also 
establish that the supporting analyses for FMPs should demonstrate that 
the benefits of fishery regulation are real and substantial relative to 
added costs, including costs to the industry for compliance. The EA 
includes an analysis of impacts to small entities for the purposes of 
the Regulatory Flexibility Act, which does expect some cost to industry 
as it complies with the regulations within this action.
    As described in the EA (see ADDRESSES), the action in this rule 
strikes a balance between ESA requirements to reduce sturgeon bycatch 
and the economic impact on the monkfish and dogfish fisheries. 
Overnight soak prohibitions for the dogfish fishery and the requirement 
for the monkfish fishery to use low-profile gillnet gear in times and 
areas with high Atlantic sturgeon take were selected over more 
restrictive time and area closures that would have prevented all 
fishing by the monkfish and spiny dogfish fisheries in those places and 
times. These measures allow the fishery to continue to operate in a 
manner that reduces impacts to Atlantic sturgeon. Further, delays in 
the effective date of this action are designed to, as much as possible, 
mitigate costs incurred by the need to purchase new gear to comply with 
the new regulations.
    The measures in this action represent the most flexible set of 
regulations under consideration while still fulfilling requirements to 
reduce Atlantic sturgeon bycatch. As such, this action is consistent 
with National Standard 7 of the MSA.

Changes From the Proposed Action

    In this final rule, we have made a small number of changes to the 
proposed implementing regulations. These changes clarify the proposed 
regulatory text, but are not substantive in terms of modifying the 
proposed measures. After consulting with the Councils, in this final 
rule, we make the following changes to the proposed implementing 
regulations:
     Revise the proposed text at Sec.  648.14(s)(2)(iv) to 
replace the word ``Violate'' with ``Fail to comply with.'' This change 
makes the regulation consistent with other regulatory text in Sec.  
648.14.
     Revise the proposed text at Sec.  648.91(d)(2)(i) to more 
clearly reference the regulations defining and implementing the Mid-
Atlantic Exemption Area at 648.80(c)(5).

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Monkfish and Spiny Dogfish FMPs, other provisions 
of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    During development of this action, NMFS reached out to Tribal 
representatives from the coastal Tribes in the Greater Atlantic Region 
to seek whether they wanted to engage on this Framework. No response 
was received, and as such, NMFS has determined that this action would 
not have a substantial direct effect on one or more Indian Tribes, on 
the relationship between the Federal Government and Indian Tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian Tribes; therefore, consultation with Tribal 
officials under E.O.13175 is not required, and the requirements of 
sections (5)(b) and (5)(c) of E.O. 13175 also do not apply. A Tribal 
summary impact statement under section (5)(b)(2)(B) and section 
(5)(c)(2)(B) of E.O. 13175 is not required and has not been prepared.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. Although we received comments 
on the economic impacts of the proposed action, these comments did not 
change the factual basis for this certification. Comments on the 
economic impacts, and responses to those comments, are included in the 
Comments and Responses section of this final rule. As a result, a 
regulatory flexibility analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing.

    Dated: December 12, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 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.  648.2, by adding in alphabetical order the definition 
for ``low-profile gillnet gear'' to read as follows:


Sec.  648.2  Definitions.

* * * * *
    Low-profile gillnet gear means monkfish gillnets that are 
constructed with the following characteristics designed to reduce 
interaction with Atlantic sturgeon: 12 to 13 inch (30.48 to 33.02 cm) 
diamond mesh; Net height of 6 to 8 meshes; Net length of 300 feet 
(91.44 m); Tie-down length less than or equal to 30 inches (76.2 cm); 
Tie-down spacing of 12 feet (3.66 m); Primary hanging ratio of 0.50 
(i.e., the length of webbing is twice that of the length of line used); 
Twine size of 0.81 mm; and the net is tied at every float to keep the 
float line down.
* * * * *

0
3. Amend Sec.  648.14, by adding paragraphs (m)(3)(iii) and (s)(2)(iv) 
to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (m) * * *
    (3) * * *
    (iii) Fail to comply with the New Jersey Atlantic Sturgeon Bycatch 
Reduction Area requirements specified at Sec.  648.91(d).
* * * * *
    (s) * * *
    (2) * * *
    (iv) Area requirements. Fail to comply with the Atlantic Sturgeon 
Bycatch Reduction Areas requirements specified at Sec.  648.234(a).
* * * * *

0
4. Amend Sec.  648.91, by adding paragraph (d) to read as follows:


Sec.  648.91  Monkfish regulated mesh areas and restrictions on gear 
and methods of fishing.

* * * * *

[[Page 102839]]

    (d) New Jersey Atlantic Sturgeon Bycatch Reduction Area--(1) Area 
Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon 
Bycatch Reduction Area is defined by straight lines connecting the 
following points in the order stated:

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
               Point                       N lat.            W long.
------------------------------------------------------------------------
NJ1................................  40[deg]24'         73[deg]54'
NJ2................................  40[deg]9'          73[deg]24'
NJ3................................  39[deg]30'         73[deg]51'
NJ4................................  39[deg]48'         74[deg]12'
NJ1................................  40[deg]24'         73[deg]54'
------------------------------------------------------------------------

    (2) Restrictions in the New Jersey Atlantic Sturgeon Bycatch 
Reduction Area. Effective year round beginning on January 1, 2026, 
vessels may not fish with gillnet gear under a Monkfish DAS within the 
New Jersey Atlantic Sturgeon Bycatch Reduction Area unless:
    (i) A vessel is fishing on a monkfish-only DAS within the MA 
Exemption Area and in accordance with the requirements set forth at 
Sec.  648.80(c)(5)(ii), with roundfish gillnets with a mesh size equal 
to or greater than 5 inches (12.7 cm) and less than 10 inches (25.4 
cm).
    (ii) A vessel is fishing with low profile gillnet gear, as defined 
in Sec.  648.2.

0
5. Add Sec.  648.234 to read as follows:


Sec.  648.234  Gear restrictions.

    (a) New Jersey Atlantic Sturgeon Bycatch Reduction Area--(1) Area 
Definition: The New Jersey Dogfish and Monkfish Atlantic Sturgeon 
Bycatch Reduction Area is defined by straight lines connecting the 
following points in the order stated:

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
               Point                       N lat.            W long.
------------------------------------------------------------------------
NJ1................................  40[deg]24'         73[deg]54'
NJ2................................  40[deg]9'          73[deg]24'
NJ3................................  39[deg]30'         73[deg]51'
NJ4................................  39[deg]48'         74[deg]12'
NJ1................................  40[deg]24'         73[deg]54'
------------------------------------------------------------------------

    (2) From May 1 through May 31 and November 1 through November 30 of 
each year, vessels issued a Federal spiny dogfish permit must remove 
gillnet gear with a mesh size equal to or greater than 5 inches (12.7 
cm) and less than 10 inches (25.4 cm) from within the New Jersey 
Atlantic Sturgeon Bycatch Reduction Area from 8 p.m. eastern time each 
day through 5 a.m. eastern time the following day.
    (b) Delaware and Maryland Atlantic Sturgeon Bycatch Reduction 
Area--(1) Area Definition: The Delaware and Maryland Atlantic Sturgeon 
Bycatch Reduction Area is defined by straight lines connecting the 
following points in the order stated:

                        Table 2 to Paragraph (b)
------------------------------------------------------------------------
               Point                       N lat.            W long.
------------------------------------------------------------------------
DM1................................  38[deg]27'         75[deg]60'
DM2................................  38[deg]21'         74[deg]48'
DM3................................  37[deg]30'         75[deg]12'
DM4................................  37[deg]48'         75[deg]30'
DM1................................  38[deg]27'         75[deg]60'
------------------------------------------------------------------------

    (2) Requirements: From November 1 through March 31 of each year, 
vessels issued a Federal spiny dogfish permit must remove roundfish 
gillnets with a mesh size equal to or greater than 5.25 inches (13.3 
cm) and less than 10 inches (25.4 cm) from the water within the 
Delaware and Maryland Atlantic Sturgeon Bycatch Reduction Area from 8 
p.m. eastern time each day through 5 a.m. eastern time the following 
day.
    (c) Virginia Atlantic Sturgeon Bycatch Reduction Area--(1) Area 
Definition: The Virginia Atlantic Sturgeon Bycatch Reduction Area is 
defined by straight lines connecting the following points in the order 
stated:

                        Table 3 to Paragraph (c)
------------------------------------------------------------------------
               Point                       N lat.            W long.
------------------------------------------------------------------------
37[deg]18'.........................  75[deg]54'
VA2................................  36[deg]48'         75[deg]36'
VA3................................  36[deg]33'         75[deg]51'
VA4................................  36[deg]54'         76[deg]6'
VA1................................  37[deg]18'         75[deg]54'
------------------------------------------------------------------------

    (2) Requirements: From November 1 through March 31 of each year, 
vessels issued a Federal spiny dogfish permit must remove roundfish 
gillnets with a mesh size equal to or greater than 5.25 inches (13.3 
cm) and less than 10 inches (25.4 cm) from the water within the 
Virginia Atlantic Sturgeon Bycatch Reduction Area from 8 p.m. eastern 
time each day through 5 a.m. eastern time in the following day.

[FR Doc. 2024-29861 Filed 12-17-24; 8:45 am]
BILLING CODE 3510-22-P